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CNN Live At Daybreak
Tense Final Moments in Hunt for Atlanta Courthouse Gunman; Jackson Accuser Will be Grilled Again Today by Jackson's Attorney
Aired March 15, 2005 - 05:00 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)
UNIDENTIFIED MALE: The victim is advising that he is in the apartment at this time. There are three weapons underneath the bed. She's advising he's wanting to turn himself in to us at this time.
(END VIDEO CLIP)
CAROL COSTELLO, CNN ANCHOR: 911 tapes straight ahead on DAYBREAK. The tense final moments in the hunt for the Atlanta courthouse gunman.
Plus, a California judge tells gay couples yes, you can.
And you recognize that, don't you? Think it'll stay with you for the rest of the day? We'll tell you why you just may be humming that familiar tune over and over and over.
It is Tuesday, March 15, the Ides of March.
This is 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, Atlanta's top prosecutor says Brian Nichols, accused of killing four people, has provided a cooperative statement to authorities. Nichols makes his first court appearance five hours from now.
In California, a controversial decision. A judge rules that a state law limiting marriage to a man and a woman is unconstitutional. He says there is no rational basis for denying marriage to same sex couples.
A suicide car bomber in Baghdad today kills a child and injures at least four other people. The bombing took place in an area that's home to Iraq's Ministry of health, several schools and hospitals.
And the government says you can expect to pay record high gas prices, possibly as early as this week. Hurray! The average price for a gallon costs almost $2.06. That's less than a penny away from the record. Yippee -- Chad.
CHAD MYERS, CNN METEOROLOGIST: I found it at $1.91 and thought I struck gold yesterday.
COSTELLO: Isn't that sad?
MYERS: You know, you lower your standards to that point and go whoa, I'd better get some gas.
COSTELLO: Exactly.
MYERS: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: Our top story this morning, the Atlanta courthouse shootings. Ashley Smith, the woman tossed into the media spotlight by this weekend's events, says she needs a break from all the attention. The former hostage told reporters she's exhausted.
(BEGIN VIDEO CLIP)
ASHLEY SMITH, FORMER HOSTAGE: As I'm sure you can imagine, this has been extremely difficult and exhausting for me and my extended family. I have experienced just about every emotion one can imagine in the span of just a few days. Throughout my time with Mr. Nichols, I continued to rely on my faith in god. That 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: In other words, enough.
As you know, Brian Nichols was taken into custody north of Atlanta, in Ashley Smith's apartment. Here's a description of the closing seconds from the Gwinnett County Police Department radio.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The suspect's coming out with his hands up. He's got a white towel. The suspect is laying down in front of the doorway to the apartment. He's about six feet out. His hands are clear. No visible weapons.
UNIDENTIFIED MALE: He said his name was Brian Nichols.
(END VIDEO CLIP)
COSTELLO: Authorities say for quite some time in the hunt for Nichols, they were looking for a green Honda Accord owned by a reporter for the "Atlanta Journal Constitution." The reporter, Don O'Briant, says Nichols pistol-whipped him and took his car. But the care was found late Friday still in the parking garage where Nichols confronted that reporter.
(BEGIN VIDEO CLIP)
DON O'BRIANT, CARJACKED REPORTER: I think everyone tried their best. I'm still a little puzzled why the garage wasn't searched after I reported it missing, the car missing, because I think the cashier -- there was only one exit at the garage and I think the cashier was asked if she'd seen the Honda exit and she said no, I believe. And if that was the case, I would assume that the car was still in the garage.
(END VIDEO CLIP)
COSTELLO: So many mistakes made by police. We'll get to more police mistakes later on DAYBREAK.
That white hearse you saw carried the body of Immigration and Customs Agent David Wilhelm to his hometown. Police lined overpasses in Atlanta as the hearse and 200 cars traveled north to Salisbury, North Carolina. Wilhelm was one of four people Nichols is accused of killing.
And there are those new allegations that I was speaking of that law enforcement officials in Atlanta missed another opportunity to stop Nichols' alleged killing rampage.
Our affiliate station, WAGA in Atlanta, reports members of the judge's legal staff activated silent alarms, alarms that went unanswered for far too long.
Reporter Morse Diggs has more on that for you.
(BEGIN VIDEO TAPE)
MORSE DIGGS, WAGA CORRESPONDENT (voice-over): This memorial is displayed. The judges who sit in Fulton County are wondering if the death toll blamed on Brian Nichols could have been minimized or prevented all together. The legal staff for murdered jurist Rowland Barnes made a secret call for help. But deputies, over a span of 10 minutes, did not come running to their aid.
That revelation came during a security discussion led by Chief Doris Downs with all the other judges and the district attorney.
(on camera): All the courtrooms have hidden silent alarms, as do the judge's offices. Now, I've been shown where those alarms are, but for reasons you'll understand, we're not going to show them to you. The question in this case is that for several minutes, defendant Brian Nichols was running around Judge Barnes' office -- this was before any of the shooting -- and Judge Barnes' staff did activate one of those silent alarms.
LT. CLARENCE HUBER, FULTON COUNTY SHERIFF'S DEPARTMENT: Something very bad did happen.
DIGGS (voice-over): We put the question "what happened?" to the sheriff's spokesperson. But first, some background and new pictures. (on camera): I want to show you how the trouble all began. This is a hallway here adjacent to the courtroom that leads to the prison elevator, the elevator you see right over there. Now, Deputy Hall had to bring Nichols up on that elevator. And she did that in order to bring him over to a holding room, that area right there. The reason for that, that's where he changed his clothes.
Nichols was handcuffed. The deputy had to release the handcuffs, and as she did, he got his arm free and lunged at the deputy.
(voice-over): A security control deputy did not see the few seconds captured on video. Police say Nichols, who had gotten the deputy's gun, was loose. He terrorized the judge's staff while Barnes attended to a matter inside the courtroom.
(on camera): One more thing about the alarms, they have to go to a central location, somewhere to say we've got something that's not quite right in this section of the courthouse.
Do we know what happened there, on that end, once it went...
HUBER: We're going to determine what type of alarm it was, was it an alarm activated with any particular room, was it an alarm activated by radio?
DIGGS: The facts, he says, still must be gathered.
(END VIDEO TAPE)
COSTELLO: That was reporter Morse Diggs of our Atlanta affiliate, WAGA. Nichols has a court appearance in five hours and we're going to take you live to Atlanta in the 6:00 hour of DAYBREAK.
In other "News Across America" this morning, authorities say more than 100 alleged gang members have been arrested across the United States. Those arrested allegedly are members of a Honduran street gang known as MS13. Officials say MS13 is one of the largest and most violent gangs in the country and most of its members are here illegally.
In suburban Milwaukee, police are investigating whether religion played a part in a deadly shooting rampage. A Brookfield police official says, and I'm quoting here, "We believe that the motive has something to do with the church and the church services."
Terry Ratzmann killed seven people and then himself on Saturday, after bursting into the Living Church of God's service, being held in a hotel meeting room.
And at Fort Hood, Texas, the calvary is home, or at least 1,500 members of the 1st Calvary Division. Of course, there were tears and hugs and kisses and a lot of flag waving. The troops have been in Iraq for more than a year.
Let's talk about Michael Jackson. His accuser will be grilled again today by Jackson's attorney. Yesterday, his cross-examination was loaded with suggestions the teenaged boy made up his story.
CNN's Miguel Marquez was there.
(BEGIN VIDEO TAPE)
QUESTION: Michael, how are you feeling today?
MICHAEL JACKSON, DEFENDANT: In pain.
QUESTION: Are you still in pain?
JACKSON: Yes.
QUESTION: How did you think things went today?
JACKSON: Mesereau did a great job.
MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): Michael Jackson still in pain from a bad back, but he's feeling good about his lawyer and his case.
RAYMONE BAIN, JACKSON SPOKESWOMAN: This is a long, long trial and he's happy that the momentum seem to be moving in his direction right now.
MARQUEZ: Jackson's teenage accuser testified that after the Martin Bashir documentary aired, the dean of his school took him aside and asked whether Jackson ever did anything inappropriate to him. The boy said, "No." But are the victims of sexual assault always forthcoming?
JIM HAMMER, FORMER PROSECUTOR: The typical course for a child assault victim is to deny it ever happened then to tell little bits of it and then finally the full story comes out.
MARQUEZ: The boy also testified that he never talked to Jay Leno. The defense says the late night comedian filed a police report after the boy and his mother called him to ask for money.
MICHAEL CARDOZA, DEFENSE ATTORNEY: If Leno comes into this courtroom and says, in fact, he did have a conversation with the alleged victim, it's going to be pivotal testimony to this particular case.
MARQUEZ: So far, the accuser and his siblings have given vague and sometimes conflicting accounts of when and how the alleged molestations happened at Jackson's Neverland Ranch.
(on camera): The cross-examination of Michael Jackson's 15-year- old accuser will continue later today.
Miguel Marquez, CNN, Santa Maria, California.
(END VIDEO TAPE)
COSTELLO: We're just getting started on DAYBREAK. In about three minutes, a victory for gay and lesbian couples looking to tie the knot in California.
Also, a familiar face is making a comeback with the Bush administration. We'll tell you who. Actually, you see it's Karen Hughes. We'll tell you why 30 minutes after the hour.
And at 55 minutes past, you know those songs that stick in your head and you can't get them out? Why do our brains refuse to let go? We'll have some answers for you.
But first, here's a look at what else is making news this Tuesday morning.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Gays across the country are celebrating a big victory in their fight for marriage rights. A state judge in San Francisco has ruled that California's ban on gay marriage is unconstitutional.
We get more from reporter Carolyn Tyler of CNN affiliate KGO in San Francisco.
(BEGIN VIDEO TAPE)
CAROLYN TYLER, KGO CORRESPONDENT (voice-over): John Lewis and Stuart Gaffney called the judge's decision an anniversary present. They've been together 18 years this week and were plaintiffs in the lawsuit.
JOHN LEWIS, PLAINTIFF: Beneath the legal language of the opinion it says to me that the judge sees our common humanity.
TYLER: Superior Court Judge Richard Kramer ruled same-sex marriages cannot be prohibited under the California constitution. San Francisco's city attorney, who brought the case, called the ruling "thoughtful, well reasoned and courageous."
DENNIS HERRERA, ATTORNEY: And there is absolutely no reason for anybody to be excluded anymore. And we're hopeful that our opponents will get that message, as well.
TYLER: Opponents are already planning their strategy for the appellate court and beyond.
TERRY THOMPSON, ALLIANCE DEFENSE FUND: Ultimately, this puts some rocket fuel under this federal marriage amendment. I expect people across the country will be engaged after this and try to push this federal marriage amendment.
TYLER: Nearly 4,000 gay and lesbian couples were married at city hall from February 12 through March 11 of last year, when the state supreme court stopped the weddings. The justices ruled Mayor Gavin Newsom had gone too far in authorizing the licenses. The mayor says despite today's superior court decision, he does not feel vindicated yet. MAYOR GAVIN NEWSOM, SAN FRANCISCO, CALIFORNIA: I mean, put this in perspective. This is just the beginning. This is inevitable that there's going to be an appeal in this case and it's inevitable that regardless of what happens at the California Court of Appeals, this is going to make its way to the California Supreme Court, and the ultimate goal, the U.S. Supreme Court.
(END VIDEO TAPE)
COSTELLO: That report from Carolyn Tyler of CNN affiliate KGO in San Francisco.
Both sides clearly rolling up their sleeves for the long battle ahead over gay marriage.
The same issue, different state. In a very vocal response, check out what happened when an Indiana House committee passed a resolution on a constitutional amendment to ban gay marriage.
(BEGIN VIDEO CLIP)
UNIDENTIFIED PROTESTERS: Shame! Shame! Shame! Shame!
(END VIDEO CLIP)
COSTELLO: The resolution passed by a vote of 9-3. It now moves on to the full House for a vote. The Indiana Senate passed the proposed amendment last month.
Your news, money, weather and sports.
It's 5:17 Eastern.
Here's what's all new this morning.
In just under five hours, Brian Nichols is to make an initial court appearance in Atlanta. Prosecutors say the alleged courthouse shooter has been cooperative, but they're not giving details.
Playing hostess. In her second week out of prison, Martha Stewart hosts an Internet chat with her fans. She's now under house arrest and says the ankle bracelet she has to wear is somewhat uncomfortable.
In money news, a big shakeup at the world's biggest insurance company. Maurice Greenberg has stepped down as CEO of American International Group. The move comes amid government probes into alleged fraud at the company.
In culture, no penalty flag for "Monday Night Football." The FCC looked into complaints over that suggestive opening to a November broadcast and said it was not indecent. The skit shows "Desperate Housewives" star Nicolette Sheridan as you just saw, dropping her towel.
In sports, he's back. John Chaney returns to coach his Temple Owls in the NIT tonight after a three week suspension. Rough play from one of Chaney's players triggered that penalty. A lot of people thought he'd be fired over that, Chad, but he's back.
MYERS: Yes, well, hey good for him, I guess. As long as he paid his little due, that's all you've got to do.
(WEATHER REPORT)
COSTELLO: OK. Get ready to drive yourself crazy by hearing this song, Chad.
Are you ready?
MYERS: Which one?
The pink panther. I can name that tune in one note.
COSTELLO: I know, but that's an example of a song that sticks with you all day, all night and into the next day.
MYERS: And drives you nuts.
COSTELLO: Exactly. You know, it's happened to you before, you hear a song, you just can't get it out of your head. It can get to be so annoying.
MYERS: "Amarillo By Morning" is the one that's in my head right now.
COSTELLO: "Amarillo By Morning?"
MYERS: Because that's where...
COSTELLO: What is that?
MYERS: That's where it's snowing.
COSTELLO: Oh, really?
MYERS: Oh, Carol, listen to some country once in a while, would you?
COSTELLO: I'm sorry. That music doesn't stick in my head because it's not so annoying. I'm thinking of "My Sharona."
MYERS: Oh. Oh, yes, yes. Sure. Or anything by Sting. "Su-su- sudio," that would be a good one, too.
COSTELLO: Oh, "Su-su-sudio." That's right.
MYERS: Yes.
COSTELLO: I used to say, "Stu-Stu-Studio" because I'm in broadcasting.
Anyway, researchers at Dartmouth College have found a scientific reason why those songs stick in your head. They've identified the part of the brain that stores musical memories. It's called the auditory cortex. It enables a familiar tune to continue in your head after the music stops. So you don't need your ears to finish the song. Your brain does it for you.
MYERS: Right. I hear voices and music in my head, though. So I don't...
COSTELLO: Exactly.
MYERS: I don't know who's talking.
COSTELLO: Well, we decided we wanted to have some fun with our DAYBREAK E-Mail Question of the Morning. We want to know what song is stuck in your head that you just can't get out, that annoys the you know what out of you. So let us know what you think. Daybreak@cnn.com. That's daybreak@cnn.com.
MYERS: This could be fun.
COSTELLO: Yes. With our viewers, you know it'll be fun.
We're not done with the music madness. We'll talk to one of the researchers in that study a little later on in our show.
And you are watching DAYBREAK for Ides of March.
(COMMERCIAL BREAK)
MYERS: I will say that one's not stuck in my head, Carol. At least I hope not.
COSTELLO: We're continuing our look at irritating songs that stick in your head.
And you're right, I've never even heard that song. So, maybe because I've never heard it, my brain is not finishing it.
MYERS: Of course.
COSTELLO: Anyway, we're going to get into that later with our guys from Dartmouth. Daybreak@cnn.com. Send us your ideas of the most irritating songs.
MYERS: They're already coming in.
COSTELLO: Time for some "Late Night Laughs," Chad.
MYERS: Oh yes, right.
COSTELLO: Congress is taking a stab at steroids in major league baseball. And Comedy Central's Jon Stewart is taking jabs at Congress for it.
Check it out.
(BEGIN VIDEO CLIP FROM "THE DAILY SHOW WITH JON STEWART, COURTESY COMEDY CENTRAL)
JON STEWART, HOST: Congressman Davis says the investigation may not end with baseball.
(BEGIN VIDEO CLIP FROM "MEET THE PRESS," COURTESY MSNBC)
TIM RUSSERT, HOST, "MEET THE PRESS": What authority does your committee have? Could you look into drugs in Hollywood, drugs in the music business? How widespread to you feel you can go?
REP. TOM DAVIS (R-VA), COMMITTEE ON GOVERNMENT REFORM: Rule 10 Clause 4C2 gives us the ability to hold a hearing on any matter at any time. OST
r
(END VIDEO CLIP)
STEWART: Any matter at any time? Enron, Halliburton, no WMDs, Abu Ghraib. And you went with baseball? Way to go!
(END VIDEO CLIP)
COSTELLO: Valid questions, you have to admit.
MYERS: Yes, I know.
COSTELLO: You have to admit.
Those hearings start, by the way, on Thursday.
MYERS: Right.
COSTELLO: We'll be covering them.
MYERS: They're all going to be there.
COSTELLO: Yes.
MYERS: At least we hope.
COSTELLO: Well, we hope so.
MYERS: They'd better be there.
COSTELLO: If not, they could be in big, big trouble.
MYERS: Right.
COSTELLO: Time for our DAYBREAK "Eye Opener."
"Queer Eye for the Straight Guy" sets its sights on the Boston Red Sox.
MYERS: What? COSTELLO: Yes. I can't believe this. Actor Carson Kressley was spotted with catcher Doug Mirabelli in Fort Myers, Florida. That's it -- he looks perfectly fine to me. Don't touch Johnny Damon.
MYERS: Oh, they're going to shave him.
COSTELLO: No. That would just be a sin.
First baseman...
MYERS: Or at least maybe his neck.
COSTELLO: No, no, no, no, no.
Kevin Millar also seen chatting with Kressley. About five Red Sox players will get complete makeovers on the hit TV show.
MYERS: Oh, that'll be good.
COSTELLO: You have to wonder if team captain and catcher, Jason Varitek will be one of them. He was seen dashing across the field with "Queer Eye's" Jai Rodriguez. There they are.
MYERS: You know they're going to get little blond spikes and all that kind of stuff.
COSTELLO: I'm sorry, it's Jai. I did not mean to mispronounce his name.
Now, here are the keys to a makeover we'd all love. New England Patriots wide receiver Deion Branch picks up a 2005 Cadillac XLR convertible, a perk for being named Super Bowl MVP. He says he didn't have a sports car. Now he's got one, a $75,000 black on black roadster, free of charge, Chad.
MYERS: Oh, yes.
COSTELLO: Yes, what can you say? How...
MYERS: I'll take my '92 Ford Ranger any time.
COSTELLO: Oh, yes, right.
How is this for a free lunch that's picture perfect? A baby eagle born in the San Francisco Zoo has her lunch fed to her. Pretty cute, isn't it?
MYERS: Very cute.
COSTELLO: Have any e-mail yet, Chad?
MYERS: I have some disturbing ones, Carol.
COSTELLO: Disturbing ones?
MYERS: From Deena (ph). She has "Red Rubber Ball" stuck in her head. I'm sorry.
From Bill, he has "It's A Small World After All" stuck in his head.
And David has "Funky Town" in his head. "Oh, Sherry."
COSTELLO: Ah!
MYERS: I can't even sing it. That's from Chris.
And "One Way Or Another, I'm Going To Get You, Get You, Get You." And Mel (ph) has that stuck in his head.
COSTELLO: Oh, sung in that irritating nasal tone. I don't understand that.
"Plop, plop, fizz, fizz, oh what a relief it is." Kevin has that stuck in his head.
MYERS: Oh, that's not a song.
COSTELLO: That's just bizarre.
Here's what's all new in the next half hour of DAYBREAK.
A long time aide to the president has a new job -- getting the Arab world to like Americans.
Plus, what's inside the mind of a killer? Dr. Sanjay Gupta has a peak, as DAYBREAK continues.
(COMMERCIAL BREAK)
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 - 05:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The victim is advising that he is in the apartment at this time. There are three weapons underneath the bed. She's advising he's wanting to turn himself in to us at this time.
(END VIDEO CLIP)
CAROL COSTELLO, CNN ANCHOR: 911 tapes straight ahead on DAYBREAK. The tense final moments in the hunt for the Atlanta courthouse gunman.
Plus, a California judge tells gay couples yes, you can.
And you recognize that, don't you? Think it'll stay with you for the rest of the day? We'll tell you why you just may be humming that familiar tune over and over and over.
It is Tuesday, March 15, the Ides of March.
This is 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, Atlanta's top prosecutor says Brian Nichols, accused of killing four people, has provided a cooperative statement to authorities. Nichols makes his first court appearance five hours from now.
In California, a controversial decision. A judge rules that a state law limiting marriage to a man and a woman is unconstitutional. He says there is no rational basis for denying marriage to same sex couples.
A suicide car bomber in Baghdad today kills a child and injures at least four other people. The bombing took place in an area that's home to Iraq's Ministry of health, several schools and hospitals.
And the government says you can expect to pay record high gas prices, possibly as early as this week. Hurray! The average price for a gallon costs almost $2.06. That's less than a penny away from the record. Yippee -- Chad.
CHAD MYERS, CNN METEOROLOGIST: I found it at $1.91 and thought I struck gold yesterday.
COSTELLO: Isn't that sad?
MYERS: You know, you lower your standards to that point and go whoa, I'd better get some gas.
COSTELLO: Exactly.
MYERS: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: Our top story this morning, the Atlanta courthouse shootings. Ashley Smith, the woman tossed into the media spotlight by this weekend's events, says she needs a break from all the attention. The former hostage told reporters she's exhausted.
(BEGIN VIDEO CLIP)
ASHLEY SMITH, FORMER HOSTAGE: As I'm sure you can imagine, this has been extremely difficult and exhausting for me and my extended family. I have experienced just about every emotion one can imagine in the span of just a few days. Throughout my time with Mr. Nichols, I continued to rely on my faith in god. That 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: In other words, enough.
As you know, Brian Nichols was taken into custody north of Atlanta, in Ashley Smith's apartment. Here's a description of the closing seconds from the Gwinnett County Police Department radio.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The suspect's coming out with his hands up. He's got a white towel. The suspect is laying down in front of the doorway to the apartment. He's about six feet out. His hands are clear. No visible weapons.
UNIDENTIFIED MALE: He said his name was Brian Nichols.
(END VIDEO CLIP)
COSTELLO: Authorities say for quite some time in the hunt for Nichols, they were looking for a green Honda Accord owned by a reporter for the "Atlanta Journal Constitution." The reporter, Don O'Briant, says Nichols pistol-whipped him and took his car. But the care was found late Friday still in the parking garage where Nichols confronted that reporter.
(BEGIN VIDEO CLIP)
DON O'BRIANT, CARJACKED REPORTER: I think everyone tried their best. I'm still a little puzzled why the garage wasn't searched after I reported it missing, the car missing, because I think the cashier -- there was only one exit at the garage and I think the cashier was asked if she'd seen the Honda exit and she said no, I believe. And if that was the case, I would assume that the car was still in the garage.
(END VIDEO CLIP)
COSTELLO: So many mistakes made by police. We'll get to more police mistakes later on DAYBREAK.
That white hearse you saw carried the body of Immigration and Customs Agent David Wilhelm to his hometown. Police lined overpasses in Atlanta as the hearse and 200 cars traveled north to Salisbury, North Carolina. Wilhelm was one of four people Nichols is accused of killing.
And there are those new allegations that I was speaking of that law enforcement officials in Atlanta missed another opportunity to stop Nichols' alleged killing rampage.
Our affiliate station, WAGA in Atlanta, reports members of the judge's legal staff activated silent alarms, alarms that went unanswered for far too long.
Reporter Morse Diggs has more on that for you.
(BEGIN VIDEO TAPE)
MORSE DIGGS, WAGA CORRESPONDENT (voice-over): This memorial is displayed. The judges who sit in Fulton County are wondering if the death toll blamed on Brian Nichols could have been minimized or prevented all together. The legal staff for murdered jurist Rowland Barnes made a secret call for help. But deputies, over a span of 10 minutes, did not come running to their aid.
That revelation came during a security discussion led by Chief Doris Downs with all the other judges and the district attorney.
(on camera): All the courtrooms have hidden silent alarms, as do the judge's offices. Now, I've been shown where those alarms are, but for reasons you'll understand, we're not going to show them to you. The question in this case is that for several minutes, defendant Brian Nichols was running around Judge Barnes' office -- this was before any of the shooting -- and Judge Barnes' staff did activate one of those silent alarms.
LT. CLARENCE HUBER, FULTON COUNTY SHERIFF'S DEPARTMENT: Something very bad did happen.
DIGGS (voice-over): We put the question "what happened?" to the sheriff's spokesperson. But first, some background and new pictures. (on camera): I want to show you how the trouble all began. This is a hallway here adjacent to the courtroom that leads to the prison elevator, the elevator you see right over there. Now, Deputy Hall had to bring Nichols up on that elevator. And she did that in order to bring him over to a holding room, that area right there. The reason for that, that's where he changed his clothes.
Nichols was handcuffed. The deputy had to release the handcuffs, and as she did, he got his arm free and lunged at the deputy.
(voice-over): A security control deputy did not see the few seconds captured on video. Police say Nichols, who had gotten the deputy's gun, was loose. He terrorized the judge's staff while Barnes attended to a matter inside the courtroom.
(on camera): One more thing about the alarms, they have to go to a central location, somewhere to say we've got something that's not quite right in this section of the courthouse.
Do we know what happened there, on that end, once it went...
HUBER: We're going to determine what type of alarm it was, was it an alarm activated with any particular room, was it an alarm activated by radio?
DIGGS: The facts, he says, still must be gathered.
(END VIDEO TAPE)
COSTELLO: That was reporter Morse Diggs of our Atlanta affiliate, WAGA. Nichols has a court appearance in five hours and we're going to take you live to Atlanta in the 6:00 hour of DAYBREAK.
In other "News Across America" this morning, authorities say more than 100 alleged gang members have been arrested across the United States. Those arrested allegedly are members of a Honduran street gang known as MS13. Officials say MS13 is one of the largest and most violent gangs in the country and most of its members are here illegally.
In suburban Milwaukee, police are investigating whether religion played a part in a deadly shooting rampage. A Brookfield police official says, and I'm quoting here, "We believe that the motive has something to do with the church and the church services."
Terry Ratzmann killed seven people and then himself on Saturday, after bursting into the Living Church of God's service, being held in a hotel meeting room.
And at Fort Hood, Texas, the calvary is home, or at least 1,500 members of the 1st Calvary Division. Of course, there were tears and hugs and kisses and a lot of flag waving. The troops have been in Iraq for more than a year.
Let's talk about Michael Jackson. His accuser will be grilled again today by Jackson's attorney. Yesterday, his cross-examination was loaded with suggestions the teenaged boy made up his story.
CNN's Miguel Marquez was there.
(BEGIN VIDEO TAPE)
QUESTION: Michael, how are you feeling today?
MICHAEL JACKSON, DEFENDANT: In pain.
QUESTION: Are you still in pain?
JACKSON: Yes.
QUESTION: How did you think things went today?
JACKSON: Mesereau did a great job.
MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): Michael Jackson still in pain from a bad back, but he's feeling good about his lawyer and his case.
RAYMONE BAIN, JACKSON SPOKESWOMAN: This is a long, long trial and he's happy that the momentum seem to be moving in his direction right now.
MARQUEZ: Jackson's teenage accuser testified that after the Martin Bashir documentary aired, the dean of his school took him aside and asked whether Jackson ever did anything inappropriate to him. The boy said, "No." But are the victims of sexual assault always forthcoming?
JIM HAMMER, FORMER PROSECUTOR: The typical course for a child assault victim is to deny it ever happened then to tell little bits of it and then finally the full story comes out.
MARQUEZ: The boy also testified that he never talked to Jay Leno. The defense says the late night comedian filed a police report after the boy and his mother called him to ask for money.
MICHAEL CARDOZA, DEFENSE ATTORNEY: If Leno comes into this courtroom and says, in fact, he did have a conversation with the alleged victim, it's going to be pivotal testimony to this particular case.
MARQUEZ: So far, the accuser and his siblings have given vague and sometimes conflicting accounts of when and how the alleged molestations happened at Jackson's Neverland Ranch.
(on camera): The cross-examination of Michael Jackson's 15-year- old accuser will continue later today.
Miguel Marquez, CNN, Santa Maria, California.
(END VIDEO TAPE)
COSTELLO: We're just getting started on DAYBREAK. In about three minutes, a victory for gay and lesbian couples looking to tie the knot in California.
Also, a familiar face is making a comeback with the Bush administration. We'll tell you who. Actually, you see it's Karen Hughes. We'll tell you why 30 minutes after the hour.
And at 55 minutes past, you know those songs that stick in your head and you can't get them out? Why do our brains refuse to let go? We'll have some answers for you.
But first, here's a look at what else is making news this Tuesday morning.
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(STOCK MARKET REPORT)
COSTELLO: Gays across the country are celebrating a big victory in their fight for marriage rights. A state judge in San Francisco has ruled that California's ban on gay marriage is unconstitutional.
We get more from reporter Carolyn Tyler of CNN affiliate KGO in San Francisco.
(BEGIN VIDEO TAPE)
CAROLYN TYLER, KGO CORRESPONDENT (voice-over): John Lewis and Stuart Gaffney called the judge's decision an anniversary present. They've been together 18 years this week and were plaintiffs in the lawsuit.
JOHN LEWIS, PLAINTIFF: Beneath the legal language of the opinion it says to me that the judge sees our common humanity.
TYLER: Superior Court Judge Richard Kramer ruled same-sex marriages cannot be prohibited under the California constitution. San Francisco's city attorney, who brought the case, called the ruling "thoughtful, well reasoned and courageous."
DENNIS HERRERA, ATTORNEY: And there is absolutely no reason for anybody to be excluded anymore. And we're hopeful that our opponents will get that message, as well.
TYLER: Opponents are already planning their strategy for the appellate court and beyond.
TERRY THOMPSON, ALLIANCE DEFENSE FUND: Ultimately, this puts some rocket fuel under this federal marriage amendment. I expect people across the country will be engaged after this and try to push this federal marriage amendment.
TYLER: Nearly 4,000 gay and lesbian couples were married at city hall from February 12 through March 11 of last year, when the state supreme court stopped the weddings. The justices ruled Mayor Gavin Newsom had gone too far in authorizing the licenses. The mayor says despite today's superior court decision, he does not feel vindicated yet. MAYOR GAVIN NEWSOM, SAN FRANCISCO, CALIFORNIA: I mean, put this in perspective. This is just the beginning. This is inevitable that there's going to be an appeal in this case and it's inevitable that regardless of what happens at the California Court of Appeals, this is going to make its way to the California Supreme Court, and the ultimate goal, the U.S. Supreme Court.
(END VIDEO TAPE)
COSTELLO: That report from Carolyn Tyler of CNN affiliate KGO in San Francisco.
Both sides clearly rolling up their sleeves for the long battle ahead over gay marriage.
The same issue, different state. In a very vocal response, check out what happened when an Indiana House committee passed a resolution on a constitutional amendment to ban gay marriage.
(BEGIN VIDEO CLIP)
UNIDENTIFIED PROTESTERS: Shame! Shame! Shame! Shame!
(END VIDEO CLIP)
COSTELLO: The resolution passed by a vote of 9-3. It now moves on to the full House for a vote. The Indiana Senate passed the proposed amendment last month.
Your news, money, weather and sports.
It's 5:17 Eastern.
Here's what's all new this morning.
In just under five hours, Brian Nichols is to make an initial court appearance in Atlanta. Prosecutors say the alleged courthouse shooter has been cooperative, but they're not giving details.
Playing hostess. In her second week out of prison, Martha Stewart hosts an Internet chat with her fans. She's now under house arrest and says the ankle bracelet she has to wear is somewhat uncomfortable.
In money news, a big shakeup at the world's biggest insurance company. Maurice Greenberg has stepped down as CEO of American International Group. The move comes amid government probes into alleged fraud at the company.
In culture, no penalty flag for "Monday Night Football." The FCC looked into complaints over that suggestive opening to a November broadcast and said it was not indecent. The skit shows "Desperate Housewives" star Nicolette Sheridan as you just saw, dropping her towel.
In sports, he's back. John Chaney returns to coach his Temple Owls in the NIT tonight after a three week suspension. Rough play from one of Chaney's players triggered that penalty. A lot of people thought he'd be fired over that, Chad, but he's back.
MYERS: Yes, well, hey good for him, I guess. As long as he paid his little due, that's all you've got to do.
(WEATHER REPORT)
COSTELLO: OK. Get ready to drive yourself crazy by hearing this song, Chad.
Are you ready?
MYERS: Which one?
The pink panther. I can name that tune in one note.
COSTELLO: I know, but that's an example of a song that sticks with you all day, all night and into the next day.
MYERS: And drives you nuts.
COSTELLO: Exactly. You know, it's happened to you before, you hear a song, you just can't get it out of your head. It can get to be so annoying.
MYERS: "Amarillo By Morning" is the one that's in my head right now.
COSTELLO: "Amarillo By Morning?"
MYERS: Because that's where...
COSTELLO: What is that?
MYERS: That's where it's snowing.
COSTELLO: Oh, really?
MYERS: Oh, Carol, listen to some country once in a while, would you?
COSTELLO: I'm sorry. That music doesn't stick in my head because it's not so annoying. I'm thinking of "My Sharona."
MYERS: Oh. Oh, yes, yes. Sure. Or anything by Sting. "Su-su- sudio," that would be a good one, too.
COSTELLO: Oh, "Su-su-sudio." That's right.
MYERS: Yes.
COSTELLO: I used to say, "Stu-Stu-Studio" because I'm in broadcasting.
Anyway, researchers at Dartmouth College have found a scientific reason why those songs stick in your head. They've identified the part of the brain that stores musical memories. It's called the auditory cortex. It enables a familiar tune to continue in your head after the music stops. So you don't need your ears to finish the song. Your brain does it for you.
MYERS: Right. I hear voices and music in my head, though. So I don't...
COSTELLO: Exactly.
MYERS: I don't know who's talking.
COSTELLO: Well, we decided we wanted to have some fun with our DAYBREAK E-Mail Question of the Morning. We want to know what song is stuck in your head that you just can't get out, that annoys the you know what out of you. So let us know what you think. Daybreak@cnn.com. That's daybreak@cnn.com.
MYERS: This could be fun.
COSTELLO: Yes. With our viewers, you know it'll be fun.
We're not done with the music madness. We'll talk to one of the researchers in that study a little later on in our show.
And you are watching DAYBREAK for Ides of March.
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MYERS: I will say that one's not stuck in my head, Carol. At least I hope not.
COSTELLO: We're continuing our look at irritating songs that stick in your head.
And you're right, I've never even heard that song. So, maybe because I've never heard it, my brain is not finishing it.
MYERS: Of course.
COSTELLO: Anyway, we're going to get into that later with our guys from Dartmouth. Daybreak@cnn.com. Send us your ideas of the most irritating songs.
MYERS: They're already coming in.
COSTELLO: Time for some "Late Night Laughs," Chad.
MYERS: Oh yes, right.
COSTELLO: Congress is taking a stab at steroids in major league baseball. And Comedy Central's Jon Stewart is taking jabs at Congress for it.
Check it out.
(BEGIN VIDEO CLIP FROM "THE DAILY SHOW WITH JON STEWART, COURTESY COMEDY CENTRAL)
JON STEWART, HOST: Congressman Davis says the investigation may not end with baseball.
(BEGIN VIDEO CLIP FROM "MEET THE PRESS," COURTESY MSNBC)
TIM RUSSERT, HOST, "MEET THE PRESS": What authority does your committee have? Could you look into drugs in Hollywood, drugs in the music business? How widespread to you feel you can go?
REP. TOM DAVIS (R-VA), COMMITTEE ON GOVERNMENT REFORM: Rule 10 Clause 4C2 gives us the ability to hold a hearing on any matter at any time. OST
r
(END VIDEO CLIP)
STEWART: Any matter at any time? Enron, Halliburton, no WMDs, Abu Ghraib. And you went with baseball? Way to go!
(END VIDEO CLIP)
COSTELLO: Valid questions, you have to admit.
MYERS: Yes, I know.
COSTELLO: You have to admit.
Those hearings start, by the way, on Thursday.
MYERS: Right.
COSTELLO: We'll be covering them.
MYERS: They're all going to be there.
COSTELLO: Yes.
MYERS: At least we hope.
COSTELLO: Well, we hope so.
MYERS: They'd better be there.
COSTELLO: If not, they could be in big, big trouble.
MYERS: Right.
COSTELLO: Time for our DAYBREAK "Eye Opener."
"Queer Eye for the Straight Guy" sets its sights on the Boston Red Sox.
MYERS: What? COSTELLO: Yes. I can't believe this. Actor Carson Kressley was spotted with catcher Doug Mirabelli in Fort Myers, Florida. That's it -- he looks perfectly fine to me. Don't touch Johnny Damon.
MYERS: Oh, they're going to shave him.
COSTELLO: No. That would just be a sin.
First baseman...
MYERS: Or at least maybe his neck.
COSTELLO: No, no, no, no, no.
Kevin Millar also seen chatting with Kressley. About five Red Sox players will get complete makeovers on the hit TV show.
MYERS: Oh, that'll be good.
COSTELLO: You have to wonder if team captain and catcher, Jason Varitek will be one of them. He was seen dashing across the field with "Queer Eye's" Jai Rodriguez. There they are.
MYERS: You know they're going to get little blond spikes and all that kind of stuff.
COSTELLO: I'm sorry, it's Jai. I did not mean to mispronounce his name.
Now, here are the keys to a makeover we'd all love. New England Patriots wide receiver Deion Branch picks up a 2005 Cadillac XLR convertible, a perk for being named Super Bowl MVP. He says he didn't have a sports car. Now he's got one, a $75,000 black on black roadster, free of charge, Chad.
MYERS: Oh, yes.
COSTELLO: Yes, what can you say? How...
MYERS: I'll take my '92 Ford Ranger any time.
COSTELLO: Oh, yes, right.
How is this for a free lunch that's picture perfect? A baby eagle born in the San Francisco Zoo has her lunch fed to her. Pretty cute, isn't it?
MYERS: Very cute.
COSTELLO: Have any e-mail yet, Chad?
MYERS: I have some disturbing ones, Carol.
COSTELLO: Disturbing ones?
MYERS: From Deena (ph). She has "Red Rubber Ball" stuck in her head. I'm sorry.
From Bill, he has "It's A Small World After All" stuck in his head.
And David has "Funky Town" in his head. "Oh, Sherry."
COSTELLO: Ah!
MYERS: I can't even sing it. That's from Chris.
And "One Way Or Another, I'm Going To Get You, Get You, Get You." And Mel (ph) has that stuck in his head.
COSTELLO: Oh, sung in that irritating nasal tone. I don't understand that.
"Plop, plop, fizz, fizz, oh what a relief it is." Kevin has that stuck in his head.
MYERS: Oh, that's not a song.
COSTELLO: That's just bizarre.
Here's what's all new in the next half hour of DAYBREAK.
A long time aide to the president has a new job -- getting the Arab world to like Americans.
Plus, what's inside the mind of a killer? Dr. Sanjay Gupta has a peak, as DAYBREAK continues.
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