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CNN Live At Daybreak

Atlanta Shootings; Martha Stewart Held Online Chat With Fans; 'Security Watch'

Aired March 15, 2005 - 06:29   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.


CAROL COSTELLO, CNN ANCHOR: 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."

A suicide car bomber in Baghdad kills a child and injures at least four other people. The bombing took place today in an area that's home to Iraq's Ministry of Health, several schools and hospitals

In the Philippines, police storm a Manila prison, retaking it from a Muslim separatist group linked to al Qaeda. At least 21 inmates were killed. Police say four of them were the group's leaders.

The man everyone listens to, Federal Reserve Chairman Alan Greenspan, heads to Capitol Hill this morning. Greenspan will give his view of the future of Social Security before a Senate committee. That comes your way at 10:00 a.m. Eastern.

Hundreds of Pentagon workers have been tested for exposure to anthrax; this, after sensors detected signs of the potentially deadly bacteria at two Pentagon mail facilities. Initial tests have come back negative. More tests are under way.

(WEATHER REPORT)

COSTELLO: In short, enough. Ashley Smith, who perhaps prevented more killings in Atlanta, says she is exhausted. Smith is the woman who helped police nab the alleged courthouse shooter, Brian Nichols. Police say Nichols held Smith hostage seven hours before letting her go.

This morning, she's trying to get away from all of the media attention.

(BEGIN VIDEO CLIP)

ASHLEY SMITH, FORMER HOSTAGE: As I'm sure you can imagine, this event has been extremely difficult and exhausting for me and my extended family. I've experienced just about every emotion one could imagine in the span of just a few days. Throughout my time with Mr. Nichols, I continued to rely on my faith in God. God has helped me through tough times before, and he'll help me now. I hope that you will respect my need to rest and to focus my immediate attention on helping legal authorities proceed with their various investigations.

(END VIDEO CLIP)

COSTELLO: Maybe, just maybe, Smith would never have been involved with Brian Nichols had alarms been heeded. It turns out personnel within Judge Rowland Barnes' courtroom sounded a silent alarm before the shooting broke out. WAGA TV is reporting it went unanswered for 10 minutes.

Let's head live to Atlanta now and our reporter, Kimberly Osias. She has more new information to share with you.

Good morning -- Kimberly.

KIMBERLY OSIAS, CNN CORRESPONDENT: And good morning to you, Carol.

Right now, Brian Nichols is being held in a Fulton County jail maximum security level on the seventh floor. He's accused of killing Superior Court Judge Rowland Barnes, court reporter Julie Ann Brandau, Sergeant Hoyt Teasley and U.S. Customs and Immigration officer David Wilhelm.

Today, he'll go before a magistrate judge for a special hearing, mostly a procedural function. And that will happen at 10:00 a.m. Eastern Time.

No new charges will be presented, but he'll be advised of his constitutional rights, right to legal representation.

All in all, it's expected to be a brief hearing. Later today at noon a public memorial service will be held at the courthouse to honor the victims.

Last night, an emotional Smith, Ashley Smith, spoke out to the media, asking for her privacy to be honored as well. She also spoke, saying her heart and prayers go out to the victims.

Although the rape trial has been declared a mistrial, those are the charges that authorities are holding him on, while prosecutors establish their murder case against him.

The local paper, the "Atlanta Journal-Constitution," is reporting the motivation for the shooting as revenge on a flawed legal system that unfairly targets African-Americans -- Carol.

COSTELLO: Kimberly Osias reporting live from Atlanta this morning.

CNN's Soledad O'Brien joins us now for a look at what's coming up on "AMERICAN MORNING."

Good morning -- Soledad. SOLEDAD O'BRIEN, CNN ANCHOR: Hey, Carol, good morning to you.

And, you know, we've been talking a lot about Ashley Smith. This morning, we're learning much more about her. She's obviously that very brave woman who was held captive by Brian Nichols.

The 26-year-old widow has had a rough life. She talked about that yesterday.

This morning, we've got new details on just what she's been through. It's had an impact on her strong faith. This morning, we'll talk with her pastor. He has known her since she was 12 years old.

Then, turning a much lighter note, Toure talks about disco's golden age. Remember these pictures? He got to tour a new exhibit with the disco queen herself, Gloria Gaynor. "I Will Survive," remember that? We're not going to be able to get "I Will Survive" out of our heads all day long this morning. I'm not sure, Carol, if that's a good thing or a bad thing. But that's ahead on "AMERICAN MORNING."

COSTELLO: We've been talking about that all morning, too. Oh, no, another irritating song stuck in my head.

O'BRIEN: Forever.

COSTELLO: Yes. Thank you, Soledad.

Still to come on DAYBREAK, Martha Stewart's chat with her loyal fan base. What did she tell them online about her time in prison?

And pilots see a lot from their vantage points. Are they seeing signs of terror? We'll tell you why Congress is taking up the latest threat to the airlines.

First, here's a look at what else is making news this Tuesday morning.

(COMMERCIAL BREAK)

COSTELLO: Now to our market report. The international markets are mixed this morning. Japan's Nikkei closes down 29 points, Britain's FTSE up 14, and the German DAX up just over 8 points.

Martha Stewart is telling her fans about the time she spent in prison and what it's like to be back home. Stewart set up an online chat with her fans from her kitchen in Bedford, New York, where she has that humongous property and her home there.

She says one thing that helped her endure was -- and I'm quoting here -- "The knowledge that I had just five months away from home with wonderful, productive and exciting things to do once I returned."

What else did she say?

CNN's Allan Chernoff is on the line with more. Good morning -- Allan.

ALLAN CHERNOFF, CNN CORRESPONDENT: Good morning to you, Carol.

Well, the big news that Martha gave her fans last night was confirming that, in fact, she has been fitted with her electronic ankle bracelet, which will monitor her every time she steps out of her home and will alert the probation department of the southern district in New York, the department, so they'll be able to very much track her going.

As you know, she's now serving five months home detention, but she's permitted out of the home for work and shopping and church 48 hours a week.

She said that the ankle bracelet is a one-inch very rigid rubber strap around her ankle, a transmitter about three inches, and she said it's uncomfortable and it makes exercise quite difficult for her. She wished her fans the wish that they would never have to wear such an ankle bracelet.

COSTELLO: I'll bet you.

CHERNOFF: She also gave a little trivia as well that she hasn't scheduled any guest appearances on a television show, but she said she misses her friends, Dave and Conan, Jay and Jon. Apparently Jon Stewart is the reference there. She said she hoped to be back with them soon.

And she also said that she kept her spirits up while she was at Alderson. That she was in a pretty good mood most of the time. And also added that she does not plan to write a memoir of Alderson, the prison where she was. But she said that when I do write my autobiography, it will surely contain a section relating to the last five months.

COSTELLO: Interesting. Is this all we can expect to hear from Martha for a while now?

CHERNOFF: Actually, Carol, we're going to be hearing much more about Martha Stewart later in the week. Thursday is a very big day. Her attorneys plan to have an argument in court, which will be the appeal of her criminal conviction. Remember, Martha Stewart was convicted of obstruction of justice for lying about a stock sale, shares of ImClone Systems, a biotechnology company.

And even though Martha decided to go ahead and serve her five months in prison, she's continuing to appeal that conviction. The arguments will take place on Thursday at 10:00 a.m. Eastern Time in the federal courthouse in New York. This is before the 2nd Circuit Appellate Court.

And also news, Martha Stewart, we understand from people close to her, actually is planning to attend that appellate hearing. So, we'll certainly have Martha news on Thursday. She also points out we won't be getting an opinion from the three-judge panel. They'll hear the arguments, just as the Supreme Court does, and then they'll issue a written opinion in a month or two.

COSTELLO: Gotcha. Allan Chernoff reporting live for us this morning. Thank you.

When it comes to eBay, all sales are not final. Coming up, what's happening with a symbol of America's saddest day.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports. It is 6:43 Eastern. Here's what's all new this morning.

Brian Nichols makes an initial court appearance a little more than three hours from now. Atlanta police say Nichols killed four people, including a judge, a court reporter and two law enforcement officers.

The race is on. Kweisi Mfume, the former president of the NAACP, has announced he's running for the U.S. Senate from Maryland. Talk about an early entry. The race is 20 months from now.

Comcast and TiVo are reportedly close to a deal that would allow Comcast to use TiVo's software for its digital video recorders. We say "reportedly," because neither company is talking.

In culture, U2 has reached some hallowed halls. The band has been inducted into the Rock and Roll Hall of Fame. Other inductees include the Pretenders, the O'Jays, Percy Sledge and Buddy Guy.

In sports, Shaquille O'Neal and Dwyane Wade led the Miami Heat over the Milwaukee Bucks 110-71 last night. It was the ninth straight win for the Heat.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you this morning.

Let's check in with CNN's Jack Cafferty for a look at what's coming up on "AMERICAN MORNING".

Good morning -- Jack.

JACK CAFFERTY, CNN ANCHOR: Good morning, Carol.

Two former New York City cops are charged with being hit men for the mob. We're going to talk to the attorney for one of them. If his client is innocent, how did he get caught up in this?

And Congress' investigation into baseball and steroids, players reluctant to testify. Former Commissioner Fay Vincent joins us to talk about how they could all learn a lesson from Pete Rose. We'll also look at why Barry Bonds has not been subpoenaed in all this.

Coming up in a few minutes -- Carol.

COSTELLO: Interesting. Thank you, Jack. Coming up on DAYBREAK, what turn will the Michael Jackson trial take today?

And lasers in the cockpit. Pilots get their chance to weigh in. Is the threat big enough to ground you?

(COMMERCIAL BREAK)

COSTELLO: It's 6:48. Here is what will be making news today.

More testimony from the boy who accuses Michael Jackson of molesting him. Under tough defense questioning, the teenager said he once told a school official that nothing sexual had happened between him and the pop star.

Opening ceremonies today for a new Holocaust museum in Israel. The museum strikes a personal note, featuring the eyeglasses, shoes, toothbrushes and diaries of victims.

And finally, this flag will be back on the auction block on eBay today. The owner says it was hanging on a crane outside the Pentagon on 9/11. He says a previous bid topped $370,000, but the buyer backed out because of criticism from 9/11 families and questions over whether the flag is authentic.

To our "Security Watch" and lasers pointed at airplanes. One pilot has already been injured in mid-flight as a beam was shown into his eyes while he was landing the plane. Congress is tackling that issue today.

CNN Radio's Dick Uliano joins us live from Washington.

Good morning -- Dick.

DICK ULIANO, CNN RADIO: Good morning to you, Carol.

COSTELLO: Tell us about these hearings.

ULIANO: Well, the pilot you mentioned, he was a Delta Airlines pilot, and he reported damage to his retina from a laser beam that was shown on his cockpit while he was landing in Salt Lake City, Utah. There has been a rash of these incidents, dozens, over the past four months, Carol.

And pilots trying to land airplanes in Dallas, Chicago, Nashville, Cleveland, just a few of the places, where they have reported to the FAA their cockpits have been tagged by these green laser lights.

And these are rather common instruments used by public speakers, so they can be bought at office supply stores. And it's the green laser light that is particularly most damaging, because it can extend some two miles, and they can disorient pilots if this green laser light reaches the cockpit. So, there is a concern.

COSTELLO: You know, Dick, it will be interesting to see if anymore incidents come out of this congressional hearing, because we heard about, like, a little spate of those incidents, and then they seemingly disappeared.

ULIANO: And, Carol, the FBI issued a bulletin in November of 2004, November 22, in which they alerted police nationwide that terrorists have shown an interesting in using lasers in bringing down airliners.

But earlier this year in January, the FBI, after looking at many of these incidents, said it believed that much of this was simply mischief-making. For example, a man in New Jersey was on his deck with his daughter, and he said he was trying to point out stars in the sky, but airline pilots had seen the lasers.

So, you know, the title of the hearing today contains a question mark: lasers, a hazard to aviation safety and security. So, they're really trying to examine this in determining what the level of risk here is.

COSTELLO: Well, we'll follow up later. Dick Uliano, thanks for joining us this morning.

And this reminder to stay tuned to CNN day and night for the most reliable news about your security.

An "American Idol" has been reaching out to young tsunami survivors. Oh, there he is, Clay Aiken singing a popular Indonesian song with kids in Indonesia tsunami-devastated Aceh Province. The runner-up of the 2003 "American Idol" is visiting the region as a UNICEF goodwill ambassador. He toured refugee camps in the province, where nearly a quarter of a million people were killed or missing in the tsunami. And as you san see, he brought a lot of smiles to the faces of young people there.

You know, those pennies really add up. Just ask a Washington State boy. He's making a very special donation to victims of the tsunami disaster. Listen as he tells his story in his own words.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: OK, here we go.

UNIDENTIFIED FEMALE: You know, we had the opportunity to meet Cameron when his mom brought his first assortment of pennies, $40.88, over to the bank.

CAMERON HUMMANITY, DONATED PENNIES: I didn't start (UNINTELLIGIBLE) in time, because (UNINTELLIGIBLE).

UNIDENTIFIED FEMALE: And he had seen a commercial about the devastation the tsunami caused. And he told my husband and I that he wanted to give his penny collection to the tsunami relief.

HUMMANITY: And so, I turned it into a money drive.

UNIDENTIFIED FEMALE: They get heavy, though, bringing them over to the bank. It takes about six pounds of pennies to make $10.

UNIDENTIFIED FEMALE: Cameron's total pennies donated to the Salvation Army's Habitat for Humanity has totaled $6,128.16. And Cameron now needs to sign this check.

UNIDENTIFIED MALE: The important thing here for (UNINTELLIGIBLE) is that one house will be built thanks to the courage of Cameron and everything what he has done. Thank you very much. I appreciate it for everything you have done.

HUMANITY: Well, thank you.

(END VIDEOTAPE)

COSTELLO: A great story.

We have developing news to tell you about. An Amber Alert has been issued in Alabama. In Oneonta -- and I hope I'm pronouncing that town name right. It's O-N-E-O-N-T-A, Alabama. Police say a 14-year- old girl was taken from her home there. Her name is Amber Danielle Shelton. She was last seen wearing blue jeans and black and white tennis shoes. Both of her ears are pierced twice. She's believed to have been abducted by a man named Michael John Humphrey.

Now, the two are said to be traveling in a four-door maroon 1995 Blazer. The vehicle has Alabama license plates with the tag number 37A913W. I know that's a lot to remember as I'm talking about it.

But if you have any information on Amber Danielle Shelton from Oneonta, Alabama, near Montgomery, please call authorities now. An Amber Alert has been issued.

You are watching DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Five days until spring, and time to give away a DAYBREAK coffee mug. What could be better, Chad?

CHAD MYERS, CNN METEOROLOGIST: Did I mention I went to IHOP on Saturday, Carol?

COSTELLO: Did you?

MYERS: I didn't have stuffed grapes, but I had pecan pancakes.

Here's my mug. This is the one that will be in the mail for you. The questions from yesterday: Michael Eisner's successor at Disney? Obviously the replaced him with Robert Iger. And what breed won the Crufts dog show? A Norfolk terrier, the cutest picture you ever saw. The little dog was in the cup. His name is Coco.

COSTELLO: Coco.

MYERS: And the winner, the winner from San Antonio, Texas, Valerie Overstreet. Congratulations. You're going to have an ugly day for weather, Valerie, but at least you get a coffee mug to keep your hands warm.

And now the questions for today. These are not easy, but you can find them on the Web site. Who was just named to a public diplomacy post the State Department? And this year's inductees to the Rock and Roll Hall of Fame?

Go to CNN.com/daybreak, and answer the questions there -- Carol.

COSTELLO: CNN.com/daybreak. You gave them -- like, they don't already do that. And I can say I listened to every word of DAYBREAK. MYERS: That's not illegal. They just need to get the questions right.

COSTELLO: That's exactly right. We don't care at DAYBREAK. We just want to send out those mugs.

MYERS: That's right.

COSTELLO: Chad, I do have an update on that Amber Alert that was just issued in Alabama.

MYERS: Yes.

COSTELLO: We have a picture of the little girl right now. Her name is Amber -- let me get her name right -- Amber Danielle Shelton. She's 14 years old. Apparently, she was taken from her home by a man named Michael John Humphrey. The two are said to be traveling in a four-door maroon 1995 Blazer. And it has an Alabama license plate 37A913W.

I know we're heard on XM Radio, so if you're driving through Alabama near the Montgomery area or the Oneonta area -- and I don't know if I'm pronouncing that right -- O-N-E-O-N-T-A -- check in front of you. See if you see a 1995 Blazer with the tag 37A913W. Amber Danielle Shelton. If you have any information, please give Alabama authorities a call.

MYERS: There you go.

COSTELLO: And that does it for 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 15, 2005 - 06:29   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: 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."

A suicide car bomber in Baghdad kills a child and injures at least four other people. The bombing took place today in an area that's home to Iraq's Ministry of Health, several schools and hospitals

In the Philippines, police storm a Manila prison, retaking it from a Muslim separatist group linked to al Qaeda. At least 21 inmates were killed. Police say four of them were the group's leaders.

The man everyone listens to, Federal Reserve Chairman Alan Greenspan, heads to Capitol Hill this morning. Greenspan will give his view of the future of Social Security before a Senate committee. That comes your way at 10:00 a.m. Eastern.

Hundreds of Pentagon workers have been tested for exposure to anthrax; this, after sensors detected signs of the potentially deadly bacteria at two Pentagon mail facilities. Initial tests have come back negative. More tests are under way.

(WEATHER REPORT)

COSTELLO: In short, enough. Ashley Smith, who perhaps prevented more killings in Atlanta, says she is exhausted. Smith is the woman who helped police nab the alleged courthouse shooter, Brian Nichols. Police say Nichols held Smith hostage seven hours before letting her go.

This morning, she's trying to get away from all of the media attention.

(BEGIN VIDEO CLIP)

ASHLEY SMITH, FORMER HOSTAGE: As I'm sure you can imagine, this event has been extremely difficult and exhausting for me and my extended family. I've experienced just about every emotion one could imagine in the span of just a few days. Throughout my time with Mr. Nichols, I continued to rely on my faith in God. God has helped me through tough times before, and he'll help me now. I hope that you will respect my need to rest and to focus my immediate attention on helping legal authorities proceed with their various investigations.

(END VIDEO CLIP)

COSTELLO: Maybe, just maybe, Smith would never have been involved with Brian Nichols had alarms been heeded. It turns out personnel within Judge Rowland Barnes' courtroom sounded a silent alarm before the shooting broke out. WAGA TV is reporting it went unanswered for 10 minutes.

Let's head live to Atlanta now and our reporter, Kimberly Osias. She has more new information to share with you.

Good morning -- Kimberly.

KIMBERLY OSIAS, CNN CORRESPONDENT: And good morning to you, Carol.

Right now, Brian Nichols is being held in a Fulton County jail maximum security level on the seventh floor. He's accused of killing Superior Court Judge Rowland Barnes, court reporter Julie Ann Brandau, Sergeant Hoyt Teasley and U.S. Customs and Immigration officer David Wilhelm.

Today, he'll go before a magistrate judge for a special hearing, mostly a procedural function. And that will happen at 10:00 a.m. Eastern Time.

No new charges will be presented, but he'll be advised of his constitutional rights, right to legal representation.

All in all, it's expected to be a brief hearing. Later today at noon a public memorial service will be held at the courthouse to honor the victims.

Last night, an emotional Smith, Ashley Smith, spoke out to the media, asking for her privacy to be honored as well. She also spoke, saying her heart and prayers go out to the victims.

Although the rape trial has been declared a mistrial, those are the charges that authorities are holding him on, while prosecutors establish their murder case against him.

The local paper, the "Atlanta Journal-Constitution," is reporting the motivation for the shooting as revenge on a flawed legal system that unfairly targets African-Americans -- Carol.

COSTELLO: Kimberly Osias reporting live from Atlanta this morning.

CNN's Soledad O'Brien joins us now for a look at what's coming up on "AMERICAN MORNING."

Good morning -- Soledad. SOLEDAD O'BRIEN, CNN ANCHOR: Hey, Carol, good morning to you.

And, you know, we've been talking a lot about Ashley Smith. This morning, we're learning much more about her. She's obviously that very brave woman who was held captive by Brian Nichols.

The 26-year-old widow has had a rough life. She talked about that yesterday.

This morning, we've got new details on just what she's been through. It's had an impact on her strong faith. This morning, we'll talk with her pastor. He has known her since she was 12 years old.

Then, turning a much lighter note, Toure talks about disco's golden age. Remember these pictures? He got to tour a new exhibit with the disco queen herself, Gloria Gaynor. "I Will Survive," remember that? We're not going to be able to get "I Will Survive" out of our heads all day long this morning. I'm not sure, Carol, if that's a good thing or a bad thing. But that's ahead on "AMERICAN MORNING."

COSTELLO: We've been talking about that all morning, too. Oh, no, another irritating song stuck in my head.

O'BRIEN: Forever.

COSTELLO: Yes. Thank you, Soledad.

Still to come on DAYBREAK, Martha Stewart's chat with her loyal fan base. What did she tell them online about her time in prison?

And pilots see a lot from their vantage points. Are they seeing signs of terror? We'll tell you why Congress is taking up the latest threat to the airlines.

First, here's a look at what else is making news this Tuesday morning.

(COMMERCIAL BREAK)

COSTELLO: Now to our market report. The international markets are mixed this morning. Japan's Nikkei closes down 29 points, Britain's FTSE up 14, and the German DAX up just over 8 points.

Martha Stewart is telling her fans about the time she spent in prison and what it's like to be back home. Stewart set up an online chat with her fans from her kitchen in Bedford, New York, where she has that humongous property and her home there.

She says one thing that helped her endure was -- and I'm quoting here -- "The knowledge that I had just five months away from home with wonderful, productive and exciting things to do once I returned."

What else did she say?

CNN's Allan Chernoff is on the line with more. Good morning -- Allan.

ALLAN CHERNOFF, CNN CORRESPONDENT: Good morning to you, Carol.

Well, the big news that Martha gave her fans last night was confirming that, in fact, she has been fitted with her electronic ankle bracelet, which will monitor her every time she steps out of her home and will alert the probation department of the southern district in New York, the department, so they'll be able to very much track her going.

As you know, she's now serving five months home detention, but she's permitted out of the home for work and shopping and church 48 hours a week.

She said that the ankle bracelet is a one-inch very rigid rubber strap around her ankle, a transmitter about three inches, and she said it's uncomfortable and it makes exercise quite difficult for her. She wished her fans the wish that they would never have to wear such an ankle bracelet.

COSTELLO: I'll bet you.

CHERNOFF: She also gave a little trivia as well that she hasn't scheduled any guest appearances on a television show, but she said she misses her friends, Dave and Conan, Jay and Jon. Apparently Jon Stewart is the reference there. She said she hoped to be back with them soon.

And she also said that she kept her spirits up while she was at Alderson. That she was in a pretty good mood most of the time. And also added that she does not plan to write a memoir of Alderson, the prison where she was. But she said that when I do write my autobiography, it will surely contain a section relating to the last five months.

COSTELLO: Interesting. Is this all we can expect to hear from Martha for a while now?

CHERNOFF: Actually, Carol, we're going to be hearing much more about Martha Stewart later in the week. Thursday is a very big day. Her attorneys plan to have an argument in court, which will be the appeal of her criminal conviction. Remember, Martha Stewart was convicted of obstruction of justice for lying about a stock sale, shares of ImClone Systems, a biotechnology company.

And even though Martha decided to go ahead and serve her five months in prison, she's continuing to appeal that conviction. The arguments will take place on Thursday at 10:00 a.m. Eastern Time in the federal courthouse in New York. This is before the 2nd Circuit Appellate Court.

And also news, Martha Stewart, we understand from people close to her, actually is planning to attend that appellate hearing. So, we'll certainly have Martha news on Thursday. She also points out we won't be getting an opinion from the three-judge panel. They'll hear the arguments, just as the Supreme Court does, and then they'll issue a written opinion in a month or two.

COSTELLO: Gotcha. Allan Chernoff reporting live for us this morning. Thank you.

When it comes to eBay, all sales are not final. Coming up, what's happening with a symbol of America's saddest day.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports. It is 6:43 Eastern. Here's what's all new this morning.

Brian Nichols makes an initial court appearance a little more than three hours from now. Atlanta police say Nichols killed four people, including a judge, a court reporter and two law enforcement officers.

The race is on. Kweisi Mfume, the former president of the NAACP, has announced he's running for the U.S. Senate from Maryland. Talk about an early entry. The race is 20 months from now.

Comcast and TiVo are reportedly close to a deal that would allow Comcast to use TiVo's software for its digital video recorders. We say "reportedly," because neither company is talking.

In culture, U2 has reached some hallowed halls. The band has been inducted into the Rock and Roll Hall of Fame. Other inductees include the Pretenders, the O'Jays, Percy Sledge and Buddy Guy.

In sports, Shaquille O'Neal and Dwyane Wade led the Miami Heat over the Milwaukee Bucks 110-71 last night. It was the ninth straight win for the Heat.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you this morning.

Let's check in with CNN's Jack Cafferty for a look at what's coming up on "AMERICAN MORNING".

Good morning -- Jack.

JACK CAFFERTY, CNN ANCHOR: Good morning, Carol.

Two former New York City cops are charged with being hit men for the mob. We're going to talk to the attorney for one of them. If his client is innocent, how did he get caught up in this?

And Congress' investigation into baseball and steroids, players reluctant to testify. Former Commissioner Fay Vincent joins us to talk about how they could all learn a lesson from Pete Rose. We'll also look at why Barry Bonds has not been subpoenaed in all this.

Coming up in a few minutes -- Carol.

COSTELLO: Interesting. Thank you, Jack. Coming up on DAYBREAK, what turn will the Michael Jackson trial take today?

And lasers in the cockpit. Pilots get their chance to weigh in. Is the threat big enough to ground you?

(COMMERCIAL BREAK)

COSTELLO: It's 6:48. Here is what will be making news today.

More testimony from the boy who accuses Michael Jackson of molesting him. Under tough defense questioning, the teenager said he once told a school official that nothing sexual had happened between him and the pop star.

Opening ceremonies today for a new Holocaust museum in Israel. The museum strikes a personal note, featuring the eyeglasses, shoes, toothbrushes and diaries of victims.

And finally, this flag will be back on the auction block on eBay today. The owner says it was hanging on a crane outside the Pentagon on 9/11. He says a previous bid topped $370,000, but the buyer backed out because of criticism from 9/11 families and questions over whether the flag is authentic.

To our "Security Watch" and lasers pointed at airplanes. One pilot has already been injured in mid-flight as a beam was shown into his eyes while he was landing the plane. Congress is tackling that issue today.

CNN Radio's Dick Uliano joins us live from Washington.

Good morning -- Dick.

DICK ULIANO, CNN RADIO: Good morning to you, Carol.

COSTELLO: Tell us about these hearings.

ULIANO: Well, the pilot you mentioned, he was a Delta Airlines pilot, and he reported damage to his retina from a laser beam that was shown on his cockpit while he was landing in Salt Lake City, Utah. There has been a rash of these incidents, dozens, over the past four months, Carol.

And pilots trying to land airplanes in Dallas, Chicago, Nashville, Cleveland, just a few of the places, where they have reported to the FAA their cockpits have been tagged by these green laser lights.

And these are rather common instruments used by public speakers, so they can be bought at office supply stores. And it's the green laser light that is particularly most damaging, because it can extend some two miles, and they can disorient pilots if this green laser light reaches the cockpit. So, there is a concern.

COSTELLO: You know, Dick, it will be interesting to see if anymore incidents come out of this congressional hearing, because we heard about, like, a little spate of those incidents, and then they seemingly disappeared.

ULIANO: And, Carol, the FBI issued a bulletin in November of 2004, November 22, in which they alerted police nationwide that terrorists have shown an interesting in using lasers in bringing down airliners.

But earlier this year in January, the FBI, after looking at many of these incidents, said it believed that much of this was simply mischief-making. For example, a man in New Jersey was on his deck with his daughter, and he said he was trying to point out stars in the sky, but airline pilots had seen the lasers.

So, you know, the title of the hearing today contains a question mark: lasers, a hazard to aviation safety and security. So, they're really trying to examine this in determining what the level of risk here is.

COSTELLO: Well, we'll follow up later. Dick Uliano, thanks for joining us this morning.

And this reminder to stay tuned to CNN day and night for the most reliable news about your security.

An "American Idol" has been reaching out to young tsunami survivors. Oh, there he is, Clay Aiken singing a popular Indonesian song with kids in Indonesia tsunami-devastated Aceh Province. The runner-up of the 2003 "American Idol" is visiting the region as a UNICEF goodwill ambassador. He toured refugee camps in the province, where nearly a quarter of a million people were killed or missing in the tsunami. And as you san see, he brought a lot of smiles to the faces of young people there.

You know, those pennies really add up. Just ask a Washington State boy. He's making a very special donation to victims of the tsunami disaster. Listen as he tells his story in his own words.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: OK, here we go.

UNIDENTIFIED FEMALE: You know, we had the opportunity to meet Cameron when his mom brought his first assortment of pennies, $40.88, over to the bank.

CAMERON HUMMANITY, DONATED PENNIES: I didn't start (UNINTELLIGIBLE) in time, because (UNINTELLIGIBLE).

UNIDENTIFIED FEMALE: And he had seen a commercial about the devastation the tsunami caused. And he told my husband and I that he wanted to give his penny collection to the tsunami relief.

HUMMANITY: And so, I turned it into a money drive.

UNIDENTIFIED FEMALE: They get heavy, though, bringing them over to the bank. It takes about six pounds of pennies to make $10.

UNIDENTIFIED FEMALE: Cameron's total pennies donated to the Salvation Army's Habitat for Humanity has totaled $6,128.16. And Cameron now needs to sign this check.

UNIDENTIFIED MALE: The important thing here for (UNINTELLIGIBLE) is that one house will be built thanks to the courage of Cameron and everything what he has done. Thank you very much. I appreciate it for everything you have done.

HUMANITY: Well, thank you.

(END VIDEOTAPE)

COSTELLO: A great story.

We have developing news to tell you about. An Amber Alert has been issued in Alabama. In Oneonta -- and I hope I'm pronouncing that town name right. It's O-N-E-O-N-T-A, Alabama. Police say a 14-year- old girl was taken from her home there. Her name is Amber Danielle Shelton. She was last seen wearing blue jeans and black and white tennis shoes. Both of her ears are pierced twice. She's believed to have been abducted by a man named Michael John Humphrey.

Now, the two are said to be traveling in a four-door maroon 1995 Blazer. The vehicle has Alabama license plates with the tag number 37A913W. I know that's a lot to remember as I'm talking about it.

But if you have any information on Amber Danielle Shelton from Oneonta, Alabama, near Montgomery, please call authorities now. An Amber Alert has been issued.

You are watching DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Five days until spring, and time to give away a DAYBREAK coffee mug. What could be better, Chad?

CHAD MYERS, CNN METEOROLOGIST: Did I mention I went to IHOP on Saturday, Carol?

COSTELLO: Did you?

MYERS: I didn't have stuffed grapes, but I had pecan pancakes.

Here's my mug. This is the one that will be in the mail for you. The questions from yesterday: Michael Eisner's successor at Disney? Obviously the replaced him with Robert Iger. And what breed won the Crufts dog show? A Norfolk terrier, the cutest picture you ever saw. The little dog was in the cup. His name is Coco.

COSTELLO: Coco.

MYERS: And the winner, the winner from San Antonio, Texas, Valerie Overstreet. Congratulations. You're going to have an ugly day for weather, Valerie, but at least you get a coffee mug to keep your hands warm.

And now the questions for today. These are not easy, but you can find them on the Web site. Who was just named to a public diplomacy post the State Department? And this year's inductees to the Rock and Roll Hall of Fame?

Go to CNN.com/daybreak, and answer the questions there -- Carol.

COSTELLO: CNN.com/daybreak. You gave them -- like, they don't already do that. And I can say I listened to every word of DAYBREAK. MYERS: That's not illegal. They just need to get the questions right.

COSTELLO: That's exactly right. We don't care at DAYBREAK. We just want to send out those mugs.

MYERS: That's right.

COSTELLO: Chad, I do have an update on that Amber Alert that was just issued in Alabama.

MYERS: Yes.

COSTELLO: We have a picture of the little girl right now. Her name is Amber -- let me get her name right -- Amber Danielle Shelton. She's 14 years old. Apparently, she was taken from her home by a man named Michael John Humphrey. The two are said to be traveling in a four-door maroon 1995 Blazer. And it has an Alabama license plate 37A913W.

I know we're heard on XM Radio, so if you're driving through Alabama near the Montgomery area or the Oneonta area -- and I don't know if I'm pronouncing that right -- O-N-E-O-N-T-A -- check in front of you. See if you see a 1995 Blazer with the tag 37A913W. Amber Danielle Shelton. If you have any information, please give Alabama authorities a call.

MYERS: There you go.

COSTELLO: And that does it for us this morning. "AMERICAN MORNING" starts right now.

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