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CNN Live At Daybreak

Courtroom Safety; Brian Nichol's Charges; 'Business Buzz'

Aired March 14, 2005 - 06:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(BEGIN VIDEO CLIP)
ASHLEY SMITH, FORMER HOSTAGE: ... about my family. I told him about things that had happened in my life. I asked him about his family. I asked him why he did what he did.

(END VIDEO CLIP)

CAROL COSTELLO, CNN ANCHOR: She's talking about a conversation with an alleged killer. A former hostage talks about her terrifying ordeal, straight ahead on DAYBREAK.

Also, a deadly attack on a group of worshipers. Why did it happen? There is still no answer.

And they call him "The Hammer." But will Tom DeLay end up getting nailed?

It is Monday, March 14.

You are watching DAYBREAK.

And good morning to you.

From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

Now in the news, Brian Nichols, the man police say shot and killed four people in Atlanta, including a judge and two law enforcement officers, could be in court this morning. Authorities are sorting out various federal and state charges against him.

Heading to court five hours from now, Ahmed Abu Ali, a 23-year- old American accused of plotting to assassinate President Bush. Abu Ali will be arraigned in Alexandria, Virginia.

Michael Jackson will again face his accuser in court today. Jackson's defense attorney resumes questioning the boy, who says the entertainer molested him twice at Jackson's Neverland Ranch.

A tug of war in Beirut, Lebanon. Today, anti-Syrian demonstrations are going on in Martyrs Square. On Sunday, it was a pro-Syrian rally. Today's demonstration comes four weeks after the assassination of Lebanon's former prime minister.

To the forecast center now -- good morning, Chad.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: Straight to that story that gripped the nation, that courthouse shooting in Atlanta. We want to bring you the riveting description from the woman police say Brian Nichols held hostage for seven hours. That in a minute.

But first, we bring you the latest.

Nichols is being held on a federal charge of firearms possession by a person under indictment. Federal and state prosecutors are discussing the other charges they will make against the 33-year-old suspect. The Fulton County district attorney says the investigation into this weekend's shooting spree will be finished within 30 days.

Now, we turn to the woman who police say became Nichols' hostage for seven hours. These are pictures of Ashley Smith talking to police just after Nichols was arrested. Smith says she talked to the suspected killer about religion and about family, her family, his family. She says Nichols used her curtains to tie her up at one point, but then offered to hang them back up later.

(BEGIN VIDEO CLIP)

SMITH: He looked around my house for a few minutes. I heard him opening up drawers and just going through my stuff. And he came back in. And he said, "I want to relax. And I don't feel comfortable with you right now. So, I'm going to have tie you up."

And he brought some masking tape and an extension cord and a curtain in there. And I kind of thought he was going to strangle me. I was -- I was really kind of scared. But he told me to turn around and put my hands behind my back. And he wrapped my hands up in a prayer -- in a praying position. So I did that. And he wrapped masking tape around my hands.

And then he told me to go into my bedroom. And I sat down on the bed like he asked. And he wrapped my legs with masking tape and an extension cord. He also took a curtain and put it around my stomach. And he asked me if I could get up. And I got up.

He said, "Can you walk?"

And I said, "No."

And so he picked me up and took me to the bathroom. And he put me on a stool that I have in my bathroom. He said he wanted to take a shower.

So I said, "OK, you take a shower."

He said, "Well I'm going to put a towel over your head so you don't have to watch me take a shower."

So I said, "OK. All right." He got in the shower, took a shower. And then he got out of the shower. And he had the guns laying on the counter. But I guess he really wasn't worried about me grabbing them, because I was tied up. He asked me if I had a t-shirt. I told him where to find one.

So he got dressed. He put on some clothes that I had in my house that were men's clothes. And then he came back in the bathroom.

He said, "Can you get up?"

So I got up.

He said, "Can you walk now?"

I said, "No, but I can hop."

So I hopped to my bedroom and sat on the bed. And he cut the tape off of me, unwrapped the extension cord and curtain. I guess at that point he kind of made me feel like he was comfortable enough with me that he untied me. So -- we went back in the bathroom. That's where he felt more comfortable, in the bathroom, away from the front of the house, I guess.

And we just talked.

(END VIDEO CLIP)

COSTELLO: At one point she made breakfast for him. She's quoted in the "Atlanta Journal Constitution" this morning saying, "I feel like I met him for a reason. If that was for myself not to get killed or any other police officers not to, or for him to save hundreds of other people in prison, my purpose was fulfilled."

We're going to have much more from Ashley Smith in the minutes to come on DAYBREAK.

And we're also going to take you live to Atlanta to talk to a local reporter there, to find out what's happening now, as far as security in that federal courthouse is concerned.

But now we'd like to talk about another shooting rampage, this one in Brookfield, Wisconsin. Police haven't figured out a motive in Saturday's shooting spree during a church service. The gunman killed seven members of the congregation and then killed himself.

CNN correspondent Jonathan Freed is covering that story.

(BEGIN VIDEO TAPE)

JONATHAN FREED, CNN CORRESPONDENT (voice-over): Seven crosses standing as a testament to the seven lives abruptly ended Saturday afternoon. Shot, police say, by a man they had welcomed into their church, Terry Ratzmann, the quiet, 44-year-old they thought they knew.

TOM MUELLER, VICTIM'S COUSIN: I really wonder what his story is and what sickness he had. FREED: Tom Mueller's cousin, Gerald Miller, is one of the seven dead. Miller was among the roughly 50 people attending a Saturday service held regularly at this Sheraton Hotel in Brookfield, Wisconsin, a Milwaukee suburb.

Police say Ratzmann showed up about 20 minutes into the service.

CHIEF DANIEL TUSHAUS, BROOKFIELD POLICE: He entered from the back of the room. He did not give any warning or provide any verbiage before firing a handgun. At this time, we believe 22 rounds were fired by the suspect.

FREED: Four people died at the scene. Another three, including Randy Gregory, the church's pastor, died later at the hospital. Four more were wounded, including a 10-year-old girl.

Next, Ratzmann turned the gun on himself.

TUSHAUS: And then, as witnesses have reported to us, shot himself in the head.

FREED: Ratzmann was single and lived in the nearby town of New Berlin with his mother and sister.

Police are focusing on two possible motives for the killings. They say Ratzmann may have been frustrated at the end of a job contract. They're also looking into word that he abruptly left a church service two weeks ago, apparently upset by something in the sermon.

The church is a fledgling evangelical group based in Charlotte, North Carolina. On Sunday, the church's administrator and several ministers headed to Wisconsin to comfort the survivors and the victims' families.

UNIDENTIFIED MALE: Completely shocked. I'm completely, I continue to be shocked. It's hard to describe.

FREED: Police say a friend of Ratzmann's tried to intervene during the shooting, asking him why he was doing it. He never got an answer, in part, because the end came quickly. Investigators believe the entire episode, from the time Ratzmann entered the room to the time he took his own life, lasted just one minute.

(on camera): Police believe that they were able to respond to Saturday's incident about as quickly as anybody could. They say that the first officers arrived on the scene only three minutes after the first call was received by 911. And they say that emergency medical teams were able to enter that hotel room only eight minutes after that call arrived.

Jonathan Freed, CNN, Brookfield, Wisconsin.

(END VIDEO TAPE)

COSTELLO: Here's what's ahead on DAYBREAK. Will she run or won't she? Condoleezza Rice talks about her plans for 2008.

Plus, Tom DeLay's battle for political survival. As the Congressional leader faces questions in a campaign finance investigation, who's lined up to fill his shoes if he loses power?

And a new king for the magic kingdom. Disney finally finds a new leader.

DAYBREAK back in a few minutes.

But first, here's a look at what else is making news this Monday morning.

(COMMERCIAL BREAK)

COSTELLO: Ashley Smith, the woman who says she was held captive by Brian Nichols, is no stranger to violence. Her husband died in her arms four years ago, after he was stabbed. She says she eventually convinced Brian Nichols to let her go, saying she wanted to go see her 5-year-old daughter. And she says Nichols called her an angel sent from god.

Now, she and the rest of the Atlanta community are dealing with the aftermath of this weekend's events.

Joining us now live, reporter Elaine Reyes from our Atlanta affiliate, WXIA -- Elaine, you're standing in front of the courthouse this morning. I would imagine people aren't so excited to come back to work this Monday morning.

ELAINE REYES, WXIA CORRESPONDENT: You know, it's something that they've been talking about all weekend long. Over the weekend, some of the judges got together with some of the other staff that they work with at the Fulton County Courthouse and just talked about the security procedures, what can be done to make their courthouse safer, because a lot of them are saying they don't feel safe and they didn't feel safe even before the shooting happened on Friday.

So, a lot of anxious people when the courthouse opens at 8:00, in just about two hours from now.

COSTELLO: Elaine, we're asking for e-mails from our viewers this morning. Many are really angry at sheriffs deputies in this case, saying they should have known that this man was dangerous and provided much more security.

How are people in Atlanta feeling?

REYES: Well, it's hard to say. I mean there is definitely some anger there. But what we're finding out is the standard operating procedure is that one deputy can escort up to four inmates at one time within the courthouse. So, even though you really don't know what could happen and there's possibly the chance that this deputy didn't know the kind of background Brian Nichols had. He was a college football player. He had a long background in the martial arts. A big, strong guy. And we're talking about a deputy here who was in her mid-50s, a female, and she was alone with him in one room.

So a lot of people are angry about that.

COSTELLO: OK...

REYES: And even the people that work there.

COSTELLO: Elaine, the other thing coming out this morning, and it's in the "Atlanta Journal Constitution" this morning, supposedly there was this surveillance camera trained on this holding area where this female deputy took this prisoner. Nobody was monitoring that camera.

REYES: Well, I will point out that the sheriff and some of his supporters are saying that he's a man that inherited a problem. He's only been in office for the last three months, so just in January he took over.

But I will also point out that the Fulton County Sheriffs Department has received a lot of heat in the past for several different problems, from anything ranging from prisoners or inmates being allowed to escape from the jail to, I guess, an incident like this. So they have received a lot of flak in the last several months, and in the last several years, just from various problems.

COSTELLO: Elaine Reyes reporting live from Atlanta this morning.

Thank you.

Much more on this story coming up.

With the courthouse shootings in Georgia and the killings of a judge's family members in Illinois, we ask is enough being done to protect America's judges?

DAYBREAK we'll be back in a minute.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

COSTELLO: Your news, money, weather and sports.

It is 6:16 this morning.

Here's what's all new this morning.

Brian Nichols could go before a federal judge in Atlanta today. The alleged courthouse shooter is now in federal custody, after surrendering to police north of the city on Saturday.

Back home, the pope has returned to the Vatican after two and a half weeks in the hospital. He blessed cheering worshipers as a van drove him into St. Peter's Square last night.

In money news, a change at the top at the Walt Disney Company. President Robert Iger will succeed Michael Eisner as CEO. Eisner steps down at the end of September, a year earlier than expected.

In culture, machines rule at the box office this weekend. The animated family film "Robots" opened up at the top, cranking up more than $36 million. That's the year's second biggest debut.

And in sports, Jimmie Johnson, you know, the California dreamy one? He took the checkered flag, to win the UAW-DaimlerChrysler 400 at the Las Vegas Motor Speedway. Kyle Busch came in second, his brother Kurt third, Jeff Gordon fourth -- Chad, did the weather have an effect on the race? Because I know you said it was going to be really hot there.

MYERS: It was really hot, hot temperatures in the car and hot on the track. But not so fast, Carol.

COSTELLO: What?

MYERS: Not so fast. Jimmie Johnson's car was too short, too low in post-race inspection.

COSTELLO: What does that mean?

MYERS: That may mean he may lose a few points because of that. We'll have to see. Penalties will be handed down later. Kyle Busch's car, the Busches' car, actually had the spoiler too far up, which means he had more down force. So -- and then the Kevin Harvick thing with this illegal gas tank that he had in here, this is going to be maybe the biggest fine we've seen from NASCAR. It's going to come down on Tuesday. We'll have to see.

COSTELLO: Oooh.

MYERS: Oh, my! There...

COSTELLO: Ooh, drama.

MYERS: Oh, the fisticuffs are flying across NASCAR, and they're not even punching each other. They're just punching the rules.

(WEATHER REPORT)

COSTELLO: They already dyed the Chicago River green.

MYERS: They did.

COSTELLO: Enough.

MYERS: They're ready.

COSTELLO: Thank you, Chad.

MYERS: All right. COSTELLO: No, no, no. Those words from Condoleezza Rice. You can cross one name off the list of would be presidential candidates for 2008. The secretary of state says despite all the speculation about her future plans, she does not want the top job.

(BEGIN VIDEO CLIP)

CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: I don't want to run for president of the United States.

UNIDENTIFIED MALE: I will not run?

RICE: I do not intend to run for -- no, I will not run for president of the United States. How is that? I don't know how many ways to say...

UNIDENTIFIED MALE: Period?

RICE: ... no in the count.

(END VIDEO CLIP)

COSTELLO: Let's talk about some other political news now.

House Majority Leader Tom DeLay is facing possible indictment in Texas for campaign finance violations. He is fighting back.

But could the issue jeopardize his political career? And if he leaves his post, who might take his place? He's a very powerful figure now in Washington.

Viveca Novak from "Time" magazine is here with some answers.

A very interesting article in "Time" magazine this week about Tom DeLay's relationship with lobbyist Ed Buckham.

Tell us about that, Viveca.

VIVECA NOVAK, "TIME" MAGAZINE: Well, Ed Buckham was a chief of staff to Tom DeLay for several years after the Republicans took over as the majority in the House in 1994. And then went out to a lobbying group, formed a lobbying group called Alexander Strategies, but has remained very close to DeLay.

Now, while he was at -- while he was working as chief of staff, he was also DeLay's pastor. The two would disappear into DeLay's office and join hands and pray together, which is a relationship that made some others on the staff uncomfortable.

But they have remained very close and Alexander Strategies, Buckham's firm, has actually hired several other DeLay aides and also had DeLay's wife on the payroll for four years.

COSTELLO: Interesting.

And supposedly Buckham helped DeLay build this political machine known as DeLay, Inc.

NOVAK: Yes.

COSTELLO: Tell us about that.

NOVAK: It's really a seamless web of sort of business and lobbying interests interwoven with legislative agenda that DeLay helps oversee on Capitol Hill. And DeLay famously has tried to shut down lobbying firms that employ Democrats, prominent Democrats, shut down in the sense of not getting meetings on Capitol Hill. And has really built this machine that is designed to, I think, create a Republican majority that is sort of self-perpetuating.

COSTELLO: Interesting.

So as the allegations become more serious and the accusations continue to fly, the buzzards are starting to circle.

NOVAK: Yes. I guess the question is really what is the tipping point here? DeLay already was reprimanded three times last year by the House Ethics Committee. And now there are all these other allegations about foreign trips improperly paid for by special foreign agents and other things definitely circling around.

So some of the other names that are coming to the fore right now are Roy Blount, who is the House -- the Republican whip who is number three in line. And he's sort of the most logical successor, I think.

John Baynor, Rob Portman, a few other names are being thrown out there, as well. But people really are beginning to talk this way at this point.

COSTELLO: But Tom DeLay is not down and out just yet.

NOVAK: No.

COSTELLO: Viveca Novak...

NOVAK: I would never count him out.

COSTELLO: No, I wouldn't either.

Viveca Novak live from Washington this morning.

Thank you.

Also, this note from the pages of "Time" magazine. Suspected terror mastermind Abu Musab al-Zarqawi may be planning attacks in the United States. Intelligence officials tell "Time" that a captured aide to Zarqawi has revealed the targets could include schools, restaurants and movie theaters. Zarqawi is believed to be the man behind many of the insurgent attacks in Iraq.

When DAYBREAK continues...

(BEGIN VIDEO CLIP) SMITH: I didn't want to die. I didn't want him to hurt anybody else.

(END VIDEO CLIP)

COSTELLO: ... more of this hostage's story and the terrifying hours she spent with Georgia's most wanted man.

Plus, we'll talk about what needs to be done to keep courtrooms safe.

Stay there.

DAYBREAK will be right back.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SMITH: I basically just talked to him and tried to gain his trust. I wanted to leave to go see my daughter. That was really important. I didn't want him to hurt anybody else. He came into my apartment telling me that he was a soldier and that people -- that his people needed him for a job to do and he was doing it. And I didn't want him to hurt anybody else. He didn't want to hurt anybody else. He just told me that he wanted a place to stay, to relax, to sit down and watch TV, to eat some real food.

I talked to him about my family. I told him about things that had happened in my life. I asked him about his family. I asked him why he did what he did. And his reason was because he was a soldier.

(END VIDEO CLIP)

COSTELLO: The Atlanta shooting rampage raises an alarming question about courtroom safety, namely, are juries, judges and others safe from the people on trial?

For some answers, we turn to Steve Bogira, author of "Courtroom 302," "302: A Year Behind The Scenes In An American Criminal Courthouse."

He joins us now live from Chicago.

Welcome to DAYBREAK.

STEVE BOGIRA, AUTHOR, "COURTROOM 302": Good morning.

COSTELLO: I want to knock this question out right away. A lot of people are complaining that a woman deputy was escorting this man. An e-mail from Michelle (ph) from New York said: "What in the world were they thinking when they had this man, who's six feet tall, weighing more than 200 pounds? Why was he being supervised and escorted by a 51-year-old female deputy?"

Can you address that for us? Was that really the problem?

BOGIRA: I don't think the problem was the gender of the deputy. I think the problem was that the deputy had a gun.

COSTELLO: Expound on that.

BOGIRA: Well, I'm familiar with the courthouse here in Chicago, the Cook County Criminal Courthouse, which is the largest felony courthouse in the nation. Each day, 800 to 1,000 defendants are brought before a judge. And there was a shooting in this courthouse. It happened in 1970. There hasn't been a shooting since, in 35 years.

There seems to be a simple formula for how to handle so many defendants, and that is metal detectors at the front entrance and courtroom deputies not allowed to carry guns.

COSTELLO: So the deputies have absolutely no guns in Chicago in the courthouse? So there's no gun to wrestle away, that's what you're saying?

BOGIRA: Yes, there are guns in the courthouse but they are kept by supervisors, people downstairs. There are panic buttons in the courtroom. If anything happens, people can respond with guns. But day to day, the deputies in the courtrooms aren't carrying them.

COSTELLO: Understand.

A lot of people also writing in that the Atlanta police look more like keystone cops.

Is that fair?

BOGIRA: Well, I'm not as familiar with -- I think we need to not rush to judgment as to what happened in Atlanta until we have all the answers.

COSTELLO: Well, according to an article in the "Atlanta Journal Constitution" this morning, it says there was a surveillance camera pointed at this room where this deputy took this suspect to remove his cuffs so he could change into civilian clothes so that he could continue with his rape trial. Nobody was manning that surveillance video.

BOGIRA: It does sound like a lot of things went wrong in Atlanta. There's no question about that. How typical that is for criminal courtrooms across the country, I don't think we can say yet.

COSTELLO: The other part says the video shows -- and they watched this videotape -- it shows Hall, that's the deputy, guiding Nichols, the suspect, whose hands are still handcuffed behind his back, face first into one of two open cells. Hall releases one cuff and turns Nichols around to unhook the remaining cuff, which is dangling from his wrist. She uncuffs him so he can change from a jail jumpsuit into street clothes. And that's when he jumps her, when she has one handcuff off and then the other bracelet, it's dangling from his wrist.

Some say he should have been put into a cell for that process -- stuck his -- did we lose the live shot? We absolutely lost the live shot from Chicago and we apologize.

But that is the question this morning, and a lot of people are asking, that when that deputy took him into that room to change his clothes, he should have been put into a cell. His hands should have been stuck through a special opening. She should have taken the cuffs off. He should have changed his clothes and then stuck his hands back through that opening, cuffed him, and then took him out of the cell.

We're going to be talking much more about this. And we apologize for losing our guest from Chicago.

For more on the shooting rampage in Georgia and the search for the suspect, join us for "26 Hours: Inside the Atlanta Manhunt" on "NEWSNIGHT WITH AARON BROWN." That's at 10:00 Eastern, 7:00 Pacific. That's in the p.m. on CNN.

The last half-hour of DAYBREAK right after this.

(COMMERCIAL BREAK)

COSTELLO: Police in Georgia are calling her a champ. They say she talked to an alleged killer for hours on end this weekend. She'll tell us what they talked about straight ahead.

It is Monday, March 14. You are watching DAYBREAK.

And good morning to you. From the Time Warner center in New York, I'm Carol Costello.

"Now in the News."

Brian Nichols, the suspect in the four Atlanta killings, may appear in court today or that appearance may be delayed until tomorrow. Nichols, who was captured on Saturday, is behind bars in Atlanta right now.

A senior Lebanese army officer tells the Associated Press about 4,000 Syrian troops have already left his country, and he says the other 10,000 Syrians have pulled back to the Bekaa Valley in eastern Lebanon.

China's parliament has passed a law authorizing military action against Taiwan if the island moves toward independence. Taiwan condemns the law, and the U.S. calls the vote a mistake.

Back in business. It's reopening day at the Hamilton, New Jersey, post office, closed in 2001 after it handled letters containing anthrax. The decontamination and renovation cost $80 million to $100 million. To the forecast center now.

(WEATHER REPORT)

COSTELLO: Conversations about God and family and making pancakes for a suspected killer. It was a weekend Ashley Smith will never forget. The man who police say held Smith hostage for seven hours is being held in federal custody. Brian Nichols was taken into custody at Smith's apartment, north of Atlanta.

(BEGIN VIDEO CLIP)

ASHLEY SMITH, FORMER HOSTAGE: I asked him why he did what he did. And his reason was because he was a soldier. I asked him why he chose me and why he chose Bridgewater Apartments. And he said he didn't know, just randomly.

But after we began to talk, he said he thought that I was an angel sent from God, and that I was his sister and he was my brother in Christ. And that he was lost, and God led him right to me to tell him that he had hurt a lot of people. And the families -- the people -- to let him know how they felt, because I had gone through it myself.

(END VIDEO CLIP)

COSTELLO: Gone through it herself. Smith told reporters her husband was stabbed four years. He died in her arms. And as you heard, she managed to talk to that suspect. She got out of her apartment, and she called 911. She certainly is an angel to everyone in Atlanta this morning.

The suspect in the four killings, Brian Nichols, is now behind bars, while prosecutors sort out the charges they'll file against him. Nichols may or may not appear in court today.

Our national correspondent, Gary Tuchman, is in Atlanta this morning. He has more.

What's the status now?

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Well, Carol, right now Brian Nichols is behind the gates of the federal penitentiary in Atlanta, Georgia. This is the same prison that Al Capone once served time in. Usually this is where someone goes after they have been found guilty of a major charge like this, but this is a place where they can keep excess security on him.

As of now, it does look like that the first appearance hearing will most likely be tomorrow. It could still be today. We're going to find out in a couple of hours. But it will only be held on one particular charge, and that's a federal weapons charge. And the reason that's being done is they're still investigating all of the other charges. They need a charge to keep holding him on, so this is the charge they're holding him on. But they expect within 30 days there will be four murder counts filed against him, too. COSTELLO: Gary, I want to ask you about this surveillance camera that was trained on this room where this deputy, Deputy Hall, took Brian Nichols, where he attacked her initially and then shot her. Nobody was manning that surveillance camera apparently. What have you heard about that?

TUCHMAN: Well, we heard a lot about that about one hour after this happened, that there are cameras all throughout the courthouse and why wasn't anyone watching the camera. Today, there's an article in the "Atlanta Journal-Constitution" newspaper, which has been front and center on this story, like CNN has, because it's located right near where this all happened, the "Atlanta Journal-Constitution" building. And two of their employees were carjacked when this happened.

I will tell you what's being reported is no one was monitoring the camera when this woman was assaulted, when her gun was taken, when she was left on the ground. And she's now, by the way, in critical but stable condition. And that is certainly one of the things that the sheriff of Fulton County, Georgia, who's in charge of the security of the courthouse, will be examining. He was frank with us, Carol, this weekend. We asked him very specifically after the arrest, what was going on in that courthouse? And he said, I've only been sheriff for two months. I'd have to look at all of the systems.

COSTELLO: That sounds a lot like covering your behind, though, Gary.

TUCHMAN: That's a nice way of putting it.

COSTELLO: Well, it does. I mean, it does.

TUCHMAN: I think that...

COSTELLO: I mean, these are serious infractions, seemingly, that happened inside of that courthouse. Somebody has to take responsibility. He is the man at the top, whether he's been on the job a day, a month, two months.

TUCHMAN: I think, Carol, that you have so many things that went wrong in this situation, and that's why the presentation last night by Ashley Smith, which was absolutely amazing to be at and to watch, and to listen to her talk for 22 minutes without stopping, without interruption.

It was so amazing, because not only did you have the security lapses in the courthouse, you had this getaway car that the whole nation, particularly this region, is looking for, for an entire day. The whole time it was still in the same parking garage where it was taken. No one bothered to check the lower level of the garage.

So much time was wasted, because he ended up taking the subway system here in Atlanta. No one even thought to shut it down, because they thought he was in this car.

So, then you had this lady, who single-handedly, what she did led to his capture. It really is an amazing story.

COSTELLO: It really is. And much more will come of this, I'm sure. Gary Tuchman, you've been following this story all weekend- long. You'll continue to follow it for CNN throughout the day and throughout the week. Gary Tuchman live from Atlanta this morning.

In other stories across America this Monday, only speculation so far about a motive in the shooting rampage that left eight people dead during a church service in Brookfield, Wisconsin. The gunman, Terry Ratzmann, took his own life after killed seven other people and wounding four. Church members say Ratzmann had employment problems, and he became angry and walked out of a service two weeks ago.

In Utah, hundreds of volunteers grabbed shovels and tried to rescue a 10-year-old boy buried by a mudslide. But they were too late. The boy's body was found under seven feet of mud. His sister and a friend had managed to dig themselves out.

An Air China jetliner is stuck in the mud this morning at the Los Angeles International Airport. And the fuel is being drained to make the plane lighter and easier to move. Three hundred and thirty passengers and crew members got off safely after the jetliner wandered off the pavement and went right into the mud.

Still ahead on DAYBREAK, it is a small world after all. After a long search, Disney finds a new leader from within when DAYBREAK returns.

(COMMERCIAL BREAK)

COSTELLO: It's time now for a little "Business Buzz." Some changes at the top for Disney. Finally. Mickey Mouse is staying on, but CEO Michael Eisner is leaving a year earlier than expected.

Chris Huntington joins us now with more on that story.

It comes as no surprise that Eisner is leaving, and really his replacement is not a big surprise.

CHRIS HUNTINGTON, CNN FINANCIAL NEWS CORRESPONDENT: It's not a huge surprise to anybody following this story. It's been a really contentious time for Michael Eisner, as anybody who has been following Disney knows. And if you've been following this story, you know that the primary candidate that he's been pushing, that Eisner's been pushing to replace him, is the company's current president, Robert Iger.

Iger has been there for several years, working closely with Eisner. He rose up through the ranks at ABC, which, of course, Disney owns. He was Eisner's favorite, but there were some on the board that were not too keen on Bob Iger. And there were certainly some very powerful shareholders, Roy Disney chief among them related to the founder of Disney, who was arguing vociferously against Iger, saying that the company was not doing what it could do to look outside for another candidate. But the deal is done. The board has approved Robert Iger. He will take over on October 1. He and Eisner will share the reins for about six months. But even so, Eisner will be stepping down about a year before he had initially said he would, which would be in 2006.

COSTELLO: This has all been so nasty. I mean, there's a nasty book out about Eisner with a lot of tidbits that are pretty darn juicy. How is this affecting the company's stock?

HUNTINGTON: The stock has really been languishing. The company has actually been doing better in the last year. Eisner was under a lot of pressure and the stock understandably under pressure, because the company was not doing well.

It had had a real problem, for instance, with Pixar, the maker of the animated films. And when everybody thinks of Disney, the main thing you think about, of course, are the animated characters. And when the Pixar deal started to crumble -- they only have one more picture in the pipelines right now -- that was a lightening rod for criticism of Eisner.

That's probably going to be Bob Iger's most important focus when he takes over, is can Disney and Pixar get it back together again? Steve Jobs of Apple fame runs Pixar. There's an opportunity there to try and rekindle that relationship. And, of course, that's what folks who own the stock are looking for, and they think that's the most important thing to do right away.

COSTELLO: Well, we'll see if Bob Iger has any success. Chris Huntington, thank you.

HUNTINGTON: Thank you.

COSTELLO: CNN's Jack Cafferty joins us now for a look at what's ahead on "AMERICAN MORNING."

Good morning -- Jack.

JACK CAFFERTY, CNN ANCHOR: Carol, how are you?

COSTELLO: Good.

CAFFERTY: We have a little scary news this morning. "TIME" magazine is reporting that Iraq's most-wanted terrorist, Zarqawi, could be planning to hit targets in the United States, places like movie theaters, restaurants and schools. We'll see how serious the threat is. We'll talk to one of the writers on the piece.

It's especially frightening when you hear the news about America's emergency medical responders. A new study says training, equipment and funding is in poor shape nationwide; this, after, what, four years since the September 11 attack. We'll look at that and see what changes need to be made.

Of course, in the event of a chemical or a biological attack, the EMS personnel would be right at the front lines of that fight. And apparently they haven't received the training or the money or the equipment to take care of the situation if it happens.

COSTELLO: We'll talk more in 14 minutes. Thank you, Jack.

Still ahead on DAYBREAK, it's back to the court for Scott Peterson this week. We'll talk about what's in store for him and preview some of this week's other big events. That's straight ahead. You are watching DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports. It is 6:48 Eastern. Here's what's all new this morning.

The woman police say was held hostage by a suspected killer says he called himself a soldier and she was his angel. Ashley Smith says she and Brian Nichols talked about religion. Nichols, suspected of killing four people, could have a court hearing as early as today.

U.N. Secretary-General Kofi Annan is back in the West Bank town of Ramallah today. He met with Palestinian officials about the Israeli withdrawal from the Gaza Strip this summer.

In money news, the best part of waking up is going to cost you a bit more. Proctor and Gamble has raised the retail price of Folgers coffee 12 percent, and other coffee companies may follow suit.

In culture, popular "American Idol" contender Mario Vasquez quit the competition unexpectedly, citing personal reasons. Some considered him a leading contender to win.

And in sports, Illinois won the big 10 conference. And to no one's surprise, the 32-1 Fighting Illini got a No. 1 seed for the NCAA tournament. Also No. 1 seeds: North Carolina Duke and Washington.

(WEATHER REPORT)

COSTELLO: Congress is jumping back into the steroid scandal. We've been talking a lot about this. They want to hear from some of baseball's biggest stars. But will they show up? We'll have that story for you next.

(COMMERCIAL BREAK)

COSTELLO: Here's a look at stories making news in the week ahead.

Today, Monday, Brian Nichols, the man police say shot and killed four people in Atlanta, well, he may appear before a federal judge today.

Tomorrow, the recent phenomenon of lasers beamed into cockpits will be examined at a hearing by a House Transportation and Infrastructure Committee.

On Wednesday, convicted murderer Scott Peterson could be sentenced. The jury has recommended the death penalty in the deaths of his wife and unborn son.

And on Thursday, Capitol Hill will focus on steroids in Major League Baseball. Lawmakers have subpoenaed some big-name players to testify. Not sure whether they'll make it there. It will be interesting to see.

And finally, Friday is the date set for Terri Schiavo's husband to be allowed to remove the feeding tubes that are keeping his brain- damaged wife alive. Her parents have been fighting to keep those tubes in.

(WEATHER REPORT)

COSTELLO: This is DAYBREAK for a Monday morning.

(COMMERCIAL BREAK)

CHAD MYERS, CNN METEOROLOGIST: Oh, the reservoir.

COSTELLO: Oh, Central Park is looking beautiful this morning, isn't it?

MYERS: Not a lot of time this morning, Carol. So, I have to get to it. A brand-new winner, though, for that DAYBREAK coffee mug coming from Maine. Whoa! A new state for us.

"Forbes" has named Bill Gates the richest billionaire for how many years in a row? That answer was 11. And what's the name of the latest cell phone virus? And that is CommWarrior.A. We talked about that.

The winner, Surendra Poranki from Augusta, Maine. Oh, you got your snow, and now you'll get your coffee mug.

And now the winner for today -- the questions for today. Michael Eisner's successor at Disney, what's his name? And what breed won the Crufts Dog Show?

CNN.com/DAYBREAK. The questions are right there.

COSTELLO: Thanks for joining us this morning. "AMERICAN MORNING" starts right now.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.


Aired March 14, 2005 - 06:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
ASHLEY SMITH, FORMER HOSTAGE: ... about my family. I told him about things that had happened in my life. I asked him about his family. I asked him why he did what he did.

(END VIDEO CLIP)

CAROL COSTELLO, CNN ANCHOR: She's talking about a conversation with an alleged killer. A former hostage talks about her terrifying ordeal, straight ahead on DAYBREAK.

Also, a deadly attack on a group of worshipers. Why did it happen? There is still no answer.

And they call him "The Hammer." But will Tom DeLay end up getting nailed?

It is Monday, March 14.

You are watching DAYBREAK.

And good morning to you.

From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

Now in the news, Brian Nichols, the man police say shot and killed four people in Atlanta, including a judge and two law enforcement officers, could be in court this morning. Authorities are sorting out various federal and state charges against him.

Heading to court five hours from now, Ahmed Abu Ali, a 23-year- old American accused of plotting to assassinate President Bush. Abu Ali will be arraigned in Alexandria, Virginia.

Michael Jackson will again face his accuser in court today. Jackson's defense attorney resumes questioning the boy, who says the entertainer molested him twice at Jackson's Neverland Ranch.

A tug of war in Beirut, Lebanon. Today, anti-Syrian demonstrations are going on in Martyrs Square. On Sunday, it was a pro-Syrian rally. Today's demonstration comes four weeks after the assassination of Lebanon's former prime minister.

To the forecast center now -- good morning, Chad.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: Straight to that story that gripped the nation, that courthouse shooting in Atlanta. We want to bring you the riveting description from the woman police say Brian Nichols held hostage for seven hours. That in a minute.

But first, we bring you the latest.

Nichols is being held on a federal charge of firearms possession by a person under indictment. Federal and state prosecutors are discussing the other charges they will make against the 33-year-old suspect. The Fulton County district attorney says the investigation into this weekend's shooting spree will be finished within 30 days.

Now, we turn to the woman who police say became Nichols' hostage for seven hours. These are pictures of Ashley Smith talking to police just after Nichols was arrested. Smith says she talked to the suspected killer about religion and about family, her family, his family. She says Nichols used her curtains to tie her up at one point, but then offered to hang them back up later.

(BEGIN VIDEO CLIP)

SMITH: He looked around my house for a few minutes. I heard him opening up drawers and just going through my stuff. And he came back in. And he said, "I want to relax. And I don't feel comfortable with you right now. So, I'm going to have tie you up."

And he brought some masking tape and an extension cord and a curtain in there. And I kind of thought he was going to strangle me. I was -- I was really kind of scared. But he told me to turn around and put my hands behind my back. And he wrapped my hands up in a prayer -- in a praying position. So I did that. And he wrapped masking tape around my hands.

And then he told me to go into my bedroom. And I sat down on the bed like he asked. And he wrapped my legs with masking tape and an extension cord. He also took a curtain and put it around my stomach. And he asked me if I could get up. And I got up.

He said, "Can you walk?"

And I said, "No."

And so he picked me up and took me to the bathroom. And he put me on a stool that I have in my bathroom. He said he wanted to take a shower.

So I said, "OK, you take a shower."

He said, "Well I'm going to put a towel over your head so you don't have to watch me take a shower."

So I said, "OK. All right." He got in the shower, took a shower. And then he got out of the shower. And he had the guns laying on the counter. But I guess he really wasn't worried about me grabbing them, because I was tied up. He asked me if I had a t-shirt. I told him where to find one.

So he got dressed. He put on some clothes that I had in my house that were men's clothes. And then he came back in the bathroom.

He said, "Can you get up?"

So I got up.

He said, "Can you walk now?"

I said, "No, but I can hop."

So I hopped to my bedroom and sat on the bed. And he cut the tape off of me, unwrapped the extension cord and curtain. I guess at that point he kind of made me feel like he was comfortable enough with me that he untied me. So -- we went back in the bathroom. That's where he felt more comfortable, in the bathroom, away from the front of the house, I guess.

And we just talked.

(END VIDEO CLIP)

COSTELLO: At one point she made breakfast for him. She's quoted in the "Atlanta Journal Constitution" this morning saying, "I feel like I met him for a reason. If that was for myself not to get killed or any other police officers not to, or for him to save hundreds of other people in prison, my purpose was fulfilled."

We're going to have much more from Ashley Smith in the minutes to come on DAYBREAK.

And we're also going to take you live to Atlanta to talk to a local reporter there, to find out what's happening now, as far as security in that federal courthouse is concerned.

But now we'd like to talk about another shooting rampage, this one in Brookfield, Wisconsin. Police haven't figured out a motive in Saturday's shooting spree during a church service. The gunman killed seven members of the congregation and then killed himself.

CNN correspondent Jonathan Freed is covering that story.

(BEGIN VIDEO TAPE)

JONATHAN FREED, CNN CORRESPONDENT (voice-over): Seven crosses standing as a testament to the seven lives abruptly ended Saturday afternoon. Shot, police say, by a man they had welcomed into their church, Terry Ratzmann, the quiet, 44-year-old they thought they knew.

TOM MUELLER, VICTIM'S COUSIN: I really wonder what his story is and what sickness he had. FREED: Tom Mueller's cousin, Gerald Miller, is one of the seven dead. Miller was among the roughly 50 people attending a Saturday service held regularly at this Sheraton Hotel in Brookfield, Wisconsin, a Milwaukee suburb.

Police say Ratzmann showed up about 20 minutes into the service.

CHIEF DANIEL TUSHAUS, BROOKFIELD POLICE: He entered from the back of the room. He did not give any warning or provide any verbiage before firing a handgun. At this time, we believe 22 rounds were fired by the suspect.

FREED: Four people died at the scene. Another three, including Randy Gregory, the church's pastor, died later at the hospital. Four more were wounded, including a 10-year-old girl.

Next, Ratzmann turned the gun on himself.

TUSHAUS: And then, as witnesses have reported to us, shot himself in the head.

FREED: Ratzmann was single and lived in the nearby town of New Berlin with his mother and sister.

Police are focusing on two possible motives for the killings. They say Ratzmann may have been frustrated at the end of a job contract. They're also looking into word that he abruptly left a church service two weeks ago, apparently upset by something in the sermon.

The church is a fledgling evangelical group based in Charlotte, North Carolina. On Sunday, the church's administrator and several ministers headed to Wisconsin to comfort the survivors and the victims' families.

UNIDENTIFIED MALE: Completely shocked. I'm completely, I continue to be shocked. It's hard to describe.

FREED: Police say a friend of Ratzmann's tried to intervene during the shooting, asking him why he was doing it. He never got an answer, in part, because the end came quickly. Investigators believe the entire episode, from the time Ratzmann entered the room to the time he took his own life, lasted just one minute.

(on camera): Police believe that they were able to respond to Saturday's incident about as quickly as anybody could. They say that the first officers arrived on the scene only three minutes after the first call was received by 911. And they say that emergency medical teams were able to enter that hotel room only eight minutes after that call arrived.

Jonathan Freed, CNN, Brookfield, Wisconsin.

(END VIDEO TAPE)

COSTELLO: Here's what's ahead on DAYBREAK. Will she run or won't she? Condoleezza Rice talks about her plans for 2008.

Plus, Tom DeLay's battle for political survival. As the Congressional leader faces questions in a campaign finance investigation, who's lined up to fill his shoes if he loses power?

And a new king for the magic kingdom. Disney finally finds a new leader.

DAYBREAK back in a few minutes.

But first, here's a look at what else is making news this Monday morning.

(COMMERCIAL BREAK)

COSTELLO: Ashley Smith, the woman who says she was held captive by Brian Nichols, is no stranger to violence. Her husband died in her arms four years ago, after he was stabbed. She says she eventually convinced Brian Nichols to let her go, saying she wanted to go see her 5-year-old daughter. And she says Nichols called her an angel sent from god.

Now, she and the rest of the Atlanta community are dealing with the aftermath of this weekend's events.

Joining us now live, reporter Elaine Reyes from our Atlanta affiliate, WXIA -- Elaine, you're standing in front of the courthouse this morning. I would imagine people aren't so excited to come back to work this Monday morning.

ELAINE REYES, WXIA CORRESPONDENT: You know, it's something that they've been talking about all weekend long. Over the weekend, some of the judges got together with some of the other staff that they work with at the Fulton County Courthouse and just talked about the security procedures, what can be done to make their courthouse safer, because a lot of them are saying they don't feel safe and they didn't feel safe even before the shooting happened on Friday.

So, a lot of anxious people when the courthouse opens at 8:00, in just about two hours from now.

COSTELLO: Elaine, we're asking for e-mails from our viewers this morning. Many are really angry at sheriffs deputies in this case, saying they should have known that this man was dangerous and provided much more security.

How are people in Atlanta feeling?

REYES: Well, it's hard to say. I mean there is definitely some anger there. But what we're finding out is the standard operating procedure is that one deputy can escort up to four inmates at one time within the courthouse. So, even though you really don't know what could happen and there's possibly the chance that this deputy didn't know the kind of background Brian Nichols had. He was a college football player. He had a long background in the martial arts. A big, strong guy. And we're talking about a deputy here who was in her mid-50s, a female, and she was alone with him in one room.

So a lot of people are angry about that.

COSTELLO: OK...

REYES: And even the people that work there.

COSTELLO: Elaine, the other thing coming out this morning, and it's in the "Atlanta Journal Constitution" this morning, supposedly there was this surveillance camera trained on this holding area where this female deputy took this prisoner. Nobody was monitoring that camera.

REYES: Well, I will point out that the sheriff and some of his supporters are saying that he's a man that inherited a problem. He's only been in office for the last three months, so just in January he took over.

But I will also point out that the Fulton County Sheriffs Department has received a lot of heat in the past for several different problems, from anything ranging from prisoners or inmates being allowed to escape from the jail to, I guess, an incident like this. So they have received a lot of flak in the last several months, and in the last several years, just from various problems.

COSTELLO: Elaine Reyes reporting live from Atlanta this morning.

Thank you.

Much more on this story coming up.

With the courthouse shootings in Georgia and the killings of a judge's family members in Illinois, we ask is enough being done to protect America's judges?

DAYBREAK we'll be back in a minute.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

COSTELLO: Your news, money, weather and sports.

It is 6:16 this morning.

Here's what's all new this morning.

Brian Nichols could go before a federal judge in Atlanta today. The alleged courthouse shooter is now in federal custody, after surrendering to police north of the city on Saturday.

Back home, the pope has returned to the Vatican after two and a half weeks in the hospital. He blessed cheering worshipers as a van drove him into St. Peter's Square last night.

In money news, a change at the top at the Walt Disney Company. President Robert Iger will succeed Michael Eisner as CEO. Eisner steps down at the end of September, a year earlier than expected.

In culture, machines rule at the box office this weekend. The animated family film "Robots" opened up at the top, cranking up more than $36 million. That's the year's second biggest debut.

And in sports, Jimmie Johnson, you know, the California dreamy one? He took the checkered flag, to win the UAW-DaimlerChrysler 400 at the Las Vegas Motor Speedway. Kyle Busch came in second, his brother Kurt third, Jeff Gordon fourth -- Chad, did the weather have an effect on the race? Because I know you said it was going to be really hot there.

MYERS: It was really hot, hot temperatures in the car and hot on the track. But not so fast, Carol.

COSTELLO: What?

MYERS: Not so fast. Jimmie Johnson's car was too short, too low in post-race inspection.

COSTELLO: What does that mean?

MYERS: That may mean he may lose a few points because of that. We'll have to see. Penalties will be handed down later. Kyle Busch's car, the Busches' car, actually had the spoiler too far up, which means he had more down force. So -- and then the Kevin Harvick thing with this illegal gas tank that he had in here, this is going to be maybe the biggest fine we've seen from NASCAR. It's going to come down on Tuesday. We'll have to see.

COSTELLO: Oooh.

MYERS: Oh, my! There...

COSTELLO: Ooh, drama.

MYERS: Oh, the fisticuffs are flying across NASCAR, and they're not even punching each other. They're just punching the rules.

(WEATHER REPORT)

COSTELLO: They already dyed the Chicago River green.

MYERS: They did.

COSTELLO: Enough.

MYERS: They're ready.

COSTELLO: Thank you, Chad.

MYERS: All right. COSTELLO: No, no, no. Those words from Condoleezza Rice. You can cross one name off the list of would be presidential candidates for 2008. The secretary of state says despite all the speculation about her future plans, she does not want the top job.

(BEGIN VIDEO CLIP)

CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: I don't want to run for president of the United States.

UNIDENTIFIED MALE: I will not run?

RICE: I do not intend to run for -- no, I will not run for president of the United States. How is that? I don't know how many ways to say...

UNIDENTIFIED MALE: Period?

RICE: ... no in the count.

(END VIDEO CLIP)

COSTELLO: Let's talk about some other political news now.

House Majority Leader Tom DeLay is facing possible indictment in Texas for campaign finance violations. He is fighting back.

But could the issue jeopardize his political career? And if he leaves his post, who might take his place? He's a very powerful figure now in Washington.

Viveca Novak from "Time" magazine is here with some answers.

A very interesting article in "Time" magazine this week about Tom DeLay's relationship with lobbyist Ed Buckham.

Tell us about that, Viveca.

VIVECA NOVAK, "TIME" MAGAZINE: Well, Ed Buckham was a chief of staff to Tom DeLay for several years after the Republicans took over as the majority in the House in 1994. And then went out to a lobbying group, formed a lobbying group called Alexander Strategies, but has remained very close to DeLay.

Now, while he was at -- while he was working as chief of staff, he was also DeLay's pastor. The two would disappear into DeLay's office and join hands and pray together, which is a relationship that made some others on the staff uncomfortable.

But they have remained very close and Alexander Strategies, Buckham's firm, has actually hired several other DeLay aides and also had DeLay's wife on the payroll for four years.

COSTELLO: Interesting.

And supposedly Buckham helped DeLay build this political machine known as DeLay, Inc.

NOVAK: Yes.

COSTELLO: Tell us about that.

NOVAK: It's really a seamless web of sort of business and lobbying interests interwoven with legislative agenda that DeLay helps oversee on Capitol Hill. And DeLay famously has tried to shut down lobbying firms that employ Democrats, prominent Democrats, shut down in the sense of not getting meetings on Capitol Hill. And has really built this machine that is designed to, I think, create a Republican majority that is sort of self-perpetuating.

COSTELLO: Interesting.

So as the allegations become more serious and the accusations continue to fly, the buzzards are starting to circle.

NOVAK: Yes. I guess the question is really what is the tipping point here? DeLay already was reprimanded three times last year by the House Ethics Committee. And now there are all these other allegations about foreign trips improperly paid for by special foreign agents and other things definitely circling around.

So some of the other names that are coming to the fore right now are Roy Blount, who is the House -- the Republican whip who is number three in line. And he's sort of the most logical successor, I think.

John Baynor, Rob Portman, a few other names are being thrown out there, as well. But people really are beginning to talk this way at this point.

COSTELLO: But Tom DeLay is not down and out just yet.

NOVAK: No.

COSTELLO: Viveca Novak...

NOVAK: I would never count him out.

COSTELLO: No, I wouldn't either.

Viveca Novak live from Washington this morning.

Thank you.

Also, this note from the pages of "Time" magazine. Suspected terror mastermind Abu Musab al-Zarqawi may be planning attacks in the United States. Intelligence officials tell "Time" that a captured aide to Zarqawi has revealed the targets could include schools, restaurants and movie theaters. Zarqawi is believed to be the man behind many of the insurgent attacks in Iraq.

When DAYBREAK continues...

(BEGIN VIDEO CLIP) SMITH: I didn't want to die. I didn't want him to hurt anybody else.

(END VIDEO CLIP)

COSTELLO: ... more of this hostage's story and the terrifying hours she spent with Georgia's most wanted man.

Plus, we'll talk about what needs to be done to keep courtrooms safe.

Stay there.

DAYBREAK will be right back.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SMITH: I basically just talked to him and tried to gain his trust. I wanted to leave to go see my daughter. That was really important. I didn't want him to hurt anybody else. He came into my apartment telling me that he was a soldier and that people -- that his people needed him for a job to do and he was doing it. And I didn't want him to hurt anybody else. He didn't want to hurt anybody else. He just told me that he wanted a place to stay, to relax, to sit down and watch TV, to eat some real food.

I talked to him about my family. I told him about things that had happened in my life. I asked him about his family. I asked him why he did what he did. And his reason was because he was a soldier.

(END VIDEO CLIP)

COSTELLO: The Atlanta shooting rampage raises an alarming question about courtroom safety, namely, are juries, judges and others safe from the people on trial?

For some answers, we turn to Steve Bogira, author of "Courtroom 302," "302: A Year Behind The Scenes In An American Criminal Courthouse."

He joins us now live from Chicago.

Welcome to DAYBREAK.

STEVE BOGIRA, AUTHOR, "COURTROOM 302": Good morning.

COSTELLO: I want to knock this question out right away. A lot of people are complaining that a woman deputy was escorting this man. An e-mail from Michelle (ph) from New York said: "What in the world were they thinking when they had this man, who's six feet tall, weighing more than 200 pounds? Why was he being supervised and escorted by a 51-year-old female deputy?"

Can you address that for us? Was that really the problem?

BOGIRA: I don't think the problem was the gender of the deputy. I think the problem was that the deputy had a gun.

COSTELLO: Expound on that.

BOGIRA: Well, I'm familiar with the courthouse here in Chicago, the Cook County Criminal Courthouse, which is the largest felony courthouse in the nation. Each day, 800 to 1,000 defendants are brought before a judge. And there was a shooting in this courthouse. It happened in 1970. There hasn't been a shooting since, in 35 years.

There seems to be a simple formula for how to handle so many defendants, and that is metal detectors at the front entrance and courtroom deputies not allowed to carry guns.

COSTELLO: So the deputies have absolutely no guns in Chicago in the courthouse? So there's no gun to wrestle away, that's what you're saying?

BOGIRA: Yes, there are guns in the courthouse but they are kept by supervisors, people downstairs. There are panic buttons in the courtroom. If anything happens, people can respond with guns. But day to day, the deputies in the courtrooms aren't carrying them.

COSTELLO: Understand.

A lot of people also writing in that the Atlanta police look more like keystone cops.

Is that fair?

BOGIRA: Well, I'm not as familiar with -- I think we need to not rush to judgment as to what happened in Atlanta until we have all the answers.

COSTELLO: Well, according to an article in the "Atlanta Journal Constitution" this morning, it says there was a surveillance camera pointed at this room where this deputy took this suspect to remove his cuffs so he could change into civilian clothes so that he could continue with his rape trial. Nobody was manning that surveillance video.

BOGIRA: It does sound like a lot of things went wrong in Atlanta. There's no question about that. How typical that is for criminal courtrooms across the country, I don't think we can say yet.

COSTELLO: The other part says the video shows -- and they watched this videotape -- it shows Hall, that's the deputy, guiding Nichols, the suspect, whose hands are still handcuffed behind his back, face first into one of two open cells. Hall releases one cuff and turns Nichols around to unhook the remaining cuff, which is dangling from his wrist. She uncuffs him so he can change from a jail jumpsuit into street clothes. And that's when he jumps her, when she has one handcuff off and then the other bracelet, it's dangling from his wrist.

Some say he should have been put into a cell for that process -- stuck his -- did we lose the live shot? We absolutely lost the live shot from Chicago and we apologize.

But that is the question this morning, and a lot of people are asking, that when that deputy took him into that room to change his clothes, he should have been put into a cell. His hands should have been stuck through a special opening. She should have taken the cuffs off. He should have changed his clothes and then stuck his hands back through that opening, cuffed him, and then took him out of the cell.

We're going to be talking much more about this. And we apologize for losing our guest from Chicago.

For more on the shooting rampage in Georgia and the search for the suspect, join us for "26 Hours: Inside the Atlanta Manhunt" on "NEWSNIGHT WITH AARON BROWN." That's at 10:00 Eastern, 7:00 Pacific. That's in the p.m. on CNN.

The last half-hour of DAYBREAK right after this.

(COMMERCIAL BREAK)

COSTELLO: Police in Georgia are calling her a champ. They say she talked to an alleged killer for hours on end this weekend. She'll tell us what they talked about straight ahead.

It is Monday, March 14. You are watching DAYBREAK.

And good morning to you. From the Time Warner center in New York, I'm Carol Costello.

"Now in the News."

Brian Nichols, the suspect in the four Atlanta killings, may appear in court today or that appearance may be delayed until tomorrow. Nichols, who was captured on Saturday, is behind bars in Atlanta right now.

A senior Lebanese army officer tells the Associated Press about 4,000 Syrian troops have already left his country, and he says the other 10,000 Syrians have pulled back to the Bekaa Valley in eastern Lebanon.

China's parliament has passed a law authorizing military action against Taiwan if the island moves toward independence. Taiwan condemns the law, and the U.S. calls the vote a mistake.

Back in business. It's reopening day at the Hamilton, New Jersey, post office, closed in 2001 after it handled letters containing anthrax. The decontamination and renovation cost $80 million to $100 million. To the forecast center now.

(WEATHER REPORT)

COSTELLO: Conversations about God and family and making pancakes for a suspected killer. It was a weekend Ashley Smith will never forget. The man who police say held Smith hostage for seven hours is being held in federal custody. Brian Nichols was taken into custody at Smith's apartment, north of Atlanta.

(BEGIN VIDEO CLIP)

ASHLEY SMITH, FORMER HOSTAGE: I asked him why he did what he did. And his reason was because he was a soldier. I asked him why he chose me and why he chose Bridgewater Apartments. And he said he didn't know, just randomly.

But after we began to talk, he said he thought that I was an angel sent from God, and that I was his sister and he was my brother in Christ. And that he was lost, and God led him right to me to tell him that he had hurt a lot of people. And the families -- the people -- to let him know how they felt, because I had gone through it myself.

(END VIDEO CLIP)

COSTELLO: Gone through it herself. Smith told reporters her husband was stabbed four years. He died in her arms. And as you heard, she managed to talk to that suspect. She got out of her apartment, and she called 911. She certainly is an angel to everyone in Atlanta this morning.

The suspect in the four killings, Brian Nichols, is now behind bars, while prosecutors sort out the charges they'll file against him. Nichols may or may not appear in court today.

Our national correspondent, Gary Tuchman, is in Atlanta this morning. He has more.

What's the status now?

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Well, Carol, right now Brian Nichols is behind the gates of the federal penitentiary in Atlanta, Georgia. This is the same prison that Al Capone once served time in. Usually this is where someone goes after they have been found guilty of a major charge like this, but this is a place where they can keep excess security on him.

As of now, it does look like that the first appearance hearing will most likely be tomorrow. It could still be today. We're going to find out in a couple of hours. But it will only be held on one particular charge, and that's a federal weapons charge. And the reason that's being done is they're still investigating all of the other charges. They need a charge to keep holding him on, so this is the charge they're holding him on. But they expect within 30 days there will be four murder counts filed against him, too. COSTELLO: Gary, I want to ask you about this surveillance camera that was trained on this room where this deputy, Deputy Hall, took Brian Nichols, where he attacked her initially and then shot her. Nobody was manning that surveillance camera apparently. What have you heard about that?

TUCHMAN: Well, we heard a lot about that about one hour after this happened, that there are cameras all throughout the courthouse and why wasn't anyone watching the camera. Today, there's an article in the "Atlanta Journal-Constitution" newspaper, which has been front and center on this story, like CNN has, because it's located right near where this all happened, the "Atlanta Journal-Constitution" building. And two of their employees were carjacked when this happened.

I will tell you what's being reported is no one was monitoring the camera when this woman was assaulted, when her gun was taken, when she was left on the ground. And she's now, by the way, in critical but stable condition. And that is certainly one of the things that the sheriff of Fulton County, Georgia, who's in charge of the security of the courthouse, will be examining. He was frank with us, Carol, this weekend. We asked him very specifically after the arrest, what was going on in that courthouse? And he said, I've only been sheriff for two months. I'd have to look at all of the systems.

COSTELLO: That sounds a lot like covering your behind, though, Gary.

TUCHMAN: That's a nice way of putting it.

COSTELLO: Well, it does. I mean, it does.

TUCHMAN: I think that...

COSTELLO: I mean, these are serious infractions, seemingly, that happened inside of that courthouse. Somebody has to take responsibility. He is the man at the top, whether he's been on the job a day, a month, two months.

TUCHMAN: I think, Carol, that you have so many things that went wrong in this situation, and that's why the presentation last night by Ashley Smith, which was absolutely amazing to be at and to watch, and to listen to her talk for 22 minutes without stopping, without interruption.

It was so amazing, because not only did you have the security lapses in the courthouse, you had this getaway car that the whole nation, particularly this region, is looking for, for an entire day. The whole time it was still in the same parking garage where it was taken. No one bothered to check the lower level of the garage.

So much time was wasted, because he ended up taking the subway system here in Atlanta. No one even thought to shut it down, because they thought he was in this car.

So, then you had this lady, who single-handedly, what she did led to his capture. It really is an amazing story.

COSTELLO: It really is. And much more will come of this, I'm sure. Gary Tuchman, you've been following this story all weekend- long. You'll continue to follow it for CNN throughout the day and throughout the week. Gary Tuchman live from Atlanta this morning.

In other stories across America this Monday, only speculation so far about a motive in the shooting rampage that left eight people dead during a church service in Brookfield, Wisconsin. The gunman, Terry Ratzmann, took his own life after killed seven other people and wounding four. Church members say Ratzmann had employment problems, and he became angry and walked out of a service two weeks ago.

In Utah, hundreds of volunteers grabbed shovels and tried to rescue a 10-year-old boy buried by a mudslide. But they were too late. The boy's body was found under seven feet of mud. His sister and a friend had managed to dig themselves out.

An Air China jetliner is stuck in the mud this morning at the Los Angeles International Airport. And the fuel is being drained to make the plane lighter and easier to move. Three hundred and thirty passengers and crew members got off safely after the jetliner wandered off the pavement and went right into the mud.

Still ahead on DAYBREAK, it is a small world after all. After a long search, Disney finds a new leader from within when DAYBREAK returns.

(COMMERCIAL BREAK)

COSTELLO: It's time now for a little "Business Buzz." Some changes at the top for Disney. Finally. Mickey Mouse is staying on, but CEO Michael Eisner is leaving a year earlier than expected.

Chris Huntington joins us now with more on that story.

It comes as no surprise that Eisner is leaving, and really his replacement is not a big surprise.

CHRIS HUNTINGTON, CNN FINANCIAL NEWS CORRESPONDENT: It's not a huge surprise to anybody following this story. It's been a really contentious time for Michael Eisner, as anybody who has been following Disney knows. And if you've been following this story, you know that the primary candidate that he's been pushing, that Eisner's been pushing to replace him, is the company's current president, Robert Iger.

Iger has been there for several years, working closely with Eisner. He rose up through the ranks at ABC, which, of course, Disney owns. He was Eisner's favorite, but there were some on the board that were not too keen on Bob Iger. And there were certainly some very powerful shareholders, Roy Disney chief among them related to the founder of Disney, who was arguing vociferously against Iger, saying that the company was not doing what it could do to look outside for another candidate. But the deal is done. The board has approved Robert Iger. He will take over on October 1. He and Eisner will share the reins for about six months. But even so, Eisner will be stepping down about a year before he had initially said he would, which would be in 2006.

COSTELLO: This has all been so nasty. I mean, there's a nasty book out about Eisner with a lot of tidbits that are pretty darn juicy. How is this affecting the company's stock?

HUNTINGTON: The stock has really been languishing. The company has actually been doing better in the last year. Eisner was under a lot of pressure and the stock understandably under pressure, because the company was not doing well.

It had had a real problem, for instance, with Pixar, the maker of the animated films. And when everybody thinks of Disney, the main thing you think about, of course, are the animated characters. And when the Pixar deal started to crumble -- they only have one more picture in the pipelines right now -- that was a lightening rod for criticism of Eisner.

That's probably going to be Bob Iger's most important focus when he takes over, is can Disney and Pixar get it back together again? Steve Jobs of Apple fame runs Pixar. There's an opportunity there to try and rekindle that relationship. And, of course, that's what folks who own the stock are looking for, and they think that's the most important thing to do right away.

COSTELLO: Well, we'll see if Bob Iger has any success. Chris Huntington, thank you.

HUNTINGTON: Thank you.

COSTELLO: CNN's Jack Cafferty joins us now for a look at what's ahead on "AMERICAN MORNING."

Good morning -- Jack.

JACK CAFFERTY, CNN ANCHOR: Carol, how are you?

COSTELLO: Good.

CAFFERTY: We have a little scary news this morning. "TIME" magazine is reporting that Iraq's most-wanted terrorist, Zarqawi, could be planning to hit targets in the United States, places like movie theaters, restaurants and schools. We'll see how serious the threat is. We'll talk to one of the writers on the piece.

It's especially frightening when you hear the news about America's emergency medical responders. A new study says training, equipment and funding is in poor shape nationwide; this, after, what, four years since the September 11 attack. We'll look at that and see what changes need to be made.

Of course, in the event of a chemical or a biological attack, the EMS personnel would be right at the front lines of that fight. And apparently they haven't received the training or the money or the equipment to take care of the situation if it happens.

COSTELLO: We'll talk more in 14 minutes. Thank you, Jack.

Still ahead on DAYBREAK, it's back to the court for Scott Peterson this week. We'll talk about what's in store for him and preview some of this week's other big events. That's straight ahead. You are watching DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports. It is 6:48 Eastern. Here's what's all new this morning.

The woman police say was held hostage by a suspected killer says he called himself a soldier and she was his angel. Ashley Smith says she and Brian Nichols talked about religion. Nichols, suspected of killing four people, could have a court hearing as early as today.

U.N. Secretary-General Kofi Annan is back in the West Bank town of Ramallah today. He met with Palestinian officials about the Israeli withdrawal from the Gaza Strip this summer.

In money news, the best part of waking up is going to cost you a bit more. Proctor and Gamble has raised the retail price of Folgers coffee 12 percent, and other coffee companies may follow suit.

In culture, popular "American Idol" contender Mario Vasquez quit the competition unexpectedly, citing personal reasons. Some considered him a leading contender to win.

And in sports, Illinois won the big 10 conference. And to no one's surprise, the 32-1 Fighting Illini got a No. 1 seed for the NCAA tournament. Also No. 1 seeds: North Carolina Duke and Washington.

(WEATHER REPORT)

COSTELLO: Congress is jumping back into the steroid scandal. We've been talking a lot about this. They want to hear from some of baseball's biggest stars. But will they show up? We'll have that story for you next.

(COMMERCIAL BREAK)

COSTELLO: Here's a look at stories making news in the week ahead.

Today, Monday, Brian Nichols, the man police say shot and killed four people in Atlanta, well, he may appear before a federal judge today.

Tomorrow, the recent phenomenon of lasers beamed into cockpits will be examined at a hearing by a House Transportation and Infrastructure Committee.

On Wednesday, convicted murderer Scott Peterson could be sentenced. The jury has recommended the death penalty in the deaths of his wife and unborn son.

And on Thursday, Capitol Hill will focus on steroids in Major League Baseball. Lawmakers have subpoenaed some big-name players to testify. Not sure whether they'll make it there. It will be interesting to see.

And finally, Friday is the date set for Terri Schiavo's husband to be allowed to remove the feeding tubes that are keeping his brain- damaged wife alive. Her parents have been fighting to keep those tubes in.

(WEATHER REPORT)

COSTELLO: This is DAYBREAK for a Monday morning.

(COMMERCIAL BREAK)

CHAD MYERS, CNN METEOROLOGIST: Oh, the reservoir.

COSTELLO: Oh, Central Park is looking beautiful this morning, isn't it?

MYERS: Not a lot of time this morning, Carol. So, I have to get to it. A brand-new winner, though, for that DAYBREAK coffee mug coming from Maine. Whoa! A new state for us.

"Forbes" has named Bill Gates the richest billionaire for how many years in a row? That answer was 11. And what's the name of the latest cell phone virus? And that is CommWarrior.A. We talked about that.

The winner, Surendra Poranki from Augusta, Maine. Oh, you got your snow, and now you'll get your coffee mug.

And now the winner for today -- the questions for today. Michael Eisner's successor at Disney, what's his name? And what breed won the Crufts Dog Show?

CNN.com/DAYBREAK. The questions are right there.

COSTELLO: Thanks for joining us this morning. "AMERICAN MORNING" starts right now.

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