Return to Transcripts main page
American Morning
The Case Against Nichols; Anti-Syrian Movement; Jackson Accuser Tested
Aired March 15, 2005 - 08:59 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.
SOLEDAD O'BRIEN, CNN ANCHOR: Atlanta murder suspect Brian Nichols facing a judge again in just one hour. But first order of business, dropping charges against him.
The fallout of massive street demonstrations in Beirut. Are Syrians in Lebanon now caving in on a key demand?
And Michael Jackson claiming that he's got the momentum now. His accuser back on the stand for more on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
O'BRIEN: Good morning. Welcome, everybody. Bill Hemmer's off today, but Jack Cafferty is helping us out.
So thank you very much.
JACK CAFFERTY, CNN ANCHOR: How long does this go on?
O'BRIEN: Another hour. It's not so bad.
Ashley Smith, we're talking about her again today. She's facing the media once again, delivering a message to the victims' families, also speaking out about her faith. One of her former pastors is our guest this morning.
CAFFERTY: Also, authorities cracking down on a street gang with a reputation of taking out its enemies with machetes. Arrests being made across the country. We'll look at how much work is still needed to get these clowns off the streets.
Carol Costello is doing the "Question of the Day."
Good morning.
CAROL COSTELLO, CNN ANCHOR: I've got the "Question of the Day," and it has everything to do with Halliburton. Is Halliburton ripping us off in Iraq?
There's a Pentagon audit out saying it ripped U.S. taxpayers off to the tune of $100 million or more. So the question this morning, should Halliburton give up its government contracts in Iraq? E-mail us, AM@CNN.com.
O'BRIEN: All right. Carol, thank you very much. Let's get right to the headlines. Kelly Wallace is in for us.
Good morning.
KELLY WALLACE, CNN ANCHOR: Thanks, Soledad. Good morning to all of you. Here are some of the stories "Now in the News."
We begin again with that Amber Alert. Police in Alabama looking for help in finding a 14-year-old girl. Amber Danielle Shelton -- she goes by the name "Danielle" -- is believed to have been abducted by a man she met on the Internet.
The two are apparently traveling in a four-door maroon 1995 Blazer with Alabama license plates. Anyone with information is asked to call the police department or the Alabama Department of Public Safety.
A CNN "Security Watch" for you now. Hundreds of Pentagon workers have been tested for exposure to anthrax. This after censors detected signs of the potentially deadly bacteria at two Pentagon mail facilities. Initial tests have come back negative. More tests are under way.
And, of course, stay tuned to CNN day and night for the most reliable news about your security.
U.S. officials are cracking down on what they call one of the largest and most violent street gangs in the country. Authorities say they've arrested more than 100 suspected members of a Central American gang known as MS-13. Members have been known to use machetes to sever the limbs of their enemies. Officials say most of the suspects are in the United States legally.
And news about the White House. President Bush preparing to meet with one of the United States' closest Arab allies this morning. Jordan's King Abdullah will be at the White House in just about two hours. Topping the agenda for the two men, working on the Middle East peace process and calls for Syrian troops to leave Lebanon.
Get you caught up. Back to Soledad and Jack.
O'BRIEN: Thanks, Kelly.
CAFFERTY: Thanks, Kelly.
About an hour from now, Brian Nichols, the suspect in the Atlanta courthouse killings will have what is called a status hearing. CNN's Kimberly Osias is live to explain to us what that means.
Hi, Kimberly.
KIMBERLY OSIAS, CNN CORRESPONDENT: Hello, Jack.
Well, basically, it is a procedural hearing. There will be no new charges brought against Mr. Nichols. It is expected to be brief. He'll hear of his legal rights to an attorney, that sort of thing. He will move from the seventh floor here in the Fulton County Jail, that is the maximum security level, to hear the charges against him.
(BEGIN VIDEOTAPE)
OSIAS (voice-over): Thirty-three-year-old accused murderer Brian Nichols will appear before a magistrate for the first time since his alleged murder spree. This time, he's expected to be flanked by several sheriff's deputies. The federal firearm charge has been dropped, allowing the state of Georgia, a death penalty state, to file murder charges.
PAUL HOWARD, FULTON CO. DISTRICT ATTY.: We plan to charge him with the murders of the four Fulton County residents. We plan to charge him with a number of aggravated assaults, carjackings. It's going to be a very large indictment.
OSIAS: Nichols' arrest was a result of the quick thinking and calm demeanor of 26-year-old Ashley Smith. She was holed up with Nichols for almost eight hours, developed a trusting rapport that enabled her to escape and call 911.
Listen to this police conversation on the scanner we obtained from the Web site www.scangwinnette.com (ph).
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.
OSIAS: Last night, an emotional Smith appeared before the media to say thank you, and offer her condolences for the four victims.
ASHLEY SMITH, FMR. HOSTAGE: I also want to extend my deepest sympathies to the families of Judge Barnes, Julie Ann Brandau, Deputy Teasley, and Special Agent Wilhelm. As well as my prayers for Deputy Hall, who is fighting for her life right now in the hospital.
OSIAS: Smith, who will be a witness in the trial, also asked the public to respect her privacy, while she focuses on helping the investigation against Brian Nichols.
(END VIDEOTAPE)
OSIAS: Nichols is being held on those original rape charges, although a mistrial has been declared -- Jack.
CAFFERTY: Kimberly, are we going to see Nichols during these court proceedings today?
OSIAS: Well, actually, cameras are allowed in the courtroom. The public is not allowed in there. But of course they will be able to see that when it is available.
CAFFERTY: CNN's Kimberly Osias live in Atlanta -- Soledad. O'BRIEN: Well, Pastor Frank Page has known Ashley Smith since she was just 12 years old. He counseled her after her husband's violent death four years ago. I asked him this morning how Ashley's doing.
(BEGIN VIDEOTAPE)
PASTOR FRANK PAGE, COUNSELED ASHLEY SMITH: She is very, very tired. She's emotionally drained, as the whole family certainly are at this time. She's doing well. But she's just -- she feels like she's an ordinary person caught up in extremely extraordinary circumstances.
So given all the circumstances, she's doing well. But she's trying to recuperate just a little bit right now from all the attention that she's not accustomed to.
O'BRIEN: Yes, I would imagine. I'd also imagine that the impact of what happened to her, I mean, being held hostage for a long time, is sort of finally sinking in, and she's kind of getting the bigger understanding of that. I know she says she's not a hero. What do you think?
PAGE: Well, I think that term is widely used and little understood. She doesn't see herself that way.
She told me yesterday that she -- after the initial shock of being taken hostage and pleading for her life, she began to realize that she was not going to be harmed, and at that point she said she felt that God had just filled her up inside and enabled her to be able to be someone that could be used by him, so she felt she was God's instrument, and she was safe at that point, and she was able to trust him and he her. And so she doesn't see herself as an extraordinary person. She is a simple, ordinary person with a strong faith.
O'BRIEN: Pastor Frank Page joining us this morning. I know you've known her for a long time. Certainly, it's been a tough time for her, so I hope you'll pass along that we hope she is recovering from all this well, and getting some of the well-needed and well- deserved rest that she needs.
Thank you, sir. Appreciate your time.
PAGE: I will do that. Thank you.
(END VIDEOTAPE)
CAFFERTY: Syrian intelligence officers are leaving Beirut today, according to the Lebanese army. The demand that Syrian troops and intelligence officers get out of Lebanon fueled the demonstration.
Anderson Cooper is live in Beirut this morning. He's got the story of the man behind this historic rally yesterday.
And Anderson, a lot quieter than the scene you were in the middle of yesterday. ANDERSON COOPER, CNN CORRESPONDENT: Yes, it is a lot quieter. Good morning, Jack. Good morning, Soledad.
Yes, Syrian intelligence agents have been pulling out. How real that pullout is, of course, only time is going to tell.
There was a much smaller demonstration today, about 3,000 pro- Syrian students outside the U.S. embassy. The usual sort of thing we've seen in these kind of demonstrations, burning the American flag, burning the Israeli flag, calling for the U.S. to stop interfering, what they call interfering here in Lebanon.
But, of course, the big story of the day is still that major demonstration yesterday right here in Martyrs Square. Hundreds of thousands of Lebanese turning out, demanding Syria get out of Lebanon now.
(BEGIN VIDEOTAPE)
COOPER (voice-over): Downtown Beirut looked like a shimmering sea of white and red, a flood of flags waved by well over half a million protesters. Alaa Merhi could tell from the crush of the crowd the turnout was huge.
ALAA MERHI, DEMONSTRATOR: I'm not afraid for nothing. If they are going to take our blood, it's OK. We're going to give our blood just to bring back our liberty and the freedom and its independence.
COOPER: Alaa Merhis is just 23, like many young Lebanese at the core of what's being called the ceder revolution. They're demanding democracy, government's accountability, and for the first time in their lives saying publicly they want Syria to end its occupation of Lebanon.
(on camera): That first time that you shouted out, you know, "Syria out," what did it feel like?
MERHI: The first time I felt very happy. I thought that I'm saying something that was locked inside.
COOPER: Alaa isn't just demonstrating in the square today. He's been living here, camped out for the last 25 days. One of several hundred young Lebanese determined to keep the pressure on Syria to get out.
(voice-over): Their makeshift encampment is in the center of Martyrs Square. Most protesters living here are young, idealistic (UNINTELLIGIBLE). Alaa, like many Lebanese, was deeply influenced by the recent elections in Iraq.
(on camera): So you saw the election in Iraq and said...
MERHI: Yes.
COOPER: ... wow, maybe we can do this?
MERHI: Of course we can do this. Why we can't do this?
COOPER (voice-over): In this region, in this country, however, doing democracy is not easy. Alaa and the others insist they'll continue lighting candles, marching, speaking out, until Syria has gone and real change has come.
MERHI: And right now I think people, they are out holding, their hands and saying, we want to open the jail, we don't need anymore to stay inside the jail.
(END VIDEOTAPE)
COOPER: And while there was an anti-U.S. demonstration here in Beirut today, some 3,000 students outside the U.S. embassy, overwhelmingly the crowd yesterday, hundreds of thousands of people, were very pro the United States, pro-Europe, wanting the U.S., Europe and the U.N. to be involved here to get Syria out as quickly as possible. The protests continue. Students are camped out in that tent city behind me. And they are determined to be there until Syria gets out and until they get the truth about what happened to their former prime minister.
I'll be broadcasting from the tent encampment later on tonight on "360" -- Jack.
CAFFERTY: What else is coming up? You're out of Lebanon all week this week.
COOPER: Yes, we're ---- tonight -- tonight we're going to be looking into the assassination of the former prime minister. I was just down at the site where he was killed. There are so many questions still unanswered. And the investigation, it's been a month, and the Lebanese people still have yet to hear how he was killed, whether it was a car bomb, an underground explosion a suicide bomber.
There have been no answers. The Lebanese government is in charge of that investigation, and a lot of people are waiting and are afraid they're not going to get the answers that they're looking for -- Jack.
CAFFERTY: Look forward to it. Thank you, my friend. Anderson Cooper in Beirut. "AC 360," 7:00 Eastern Time.
O'BRIEN: Let's take a check of the weather once again. Chad Myers is at the CNN Center for us with the very latest.
(WEATHER REPORT)
CAFFERTY: Still ahead, as we continue, Michael Jackson's accuser changes part of his story on the witness stand. A criminal defense attorney tells us whether the contradictions could devastate the prosecution's case.
O'BRIEN: And Dr. Gupta ahead this morning. A little boy with an incredibly rare disease. How a random test saved his life and amazingly his brother's as well.
Stay with us. You're watching AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Michael Jackson's accuser will be back on the stand today. Jackson's lawyer picked apart the 15-year-old boy's testimony during five hours of cross-examination on Monday.
Miguel Marquez is covering the trial.
(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)
O'BRIEN: Criminal defense attorney Anne Bremner watched Monday's cross-examination. She's in Santa Maria, California, for us this morning.
Nice to see you, Ann. Jeff Toobin says it was a bombshell yesterday. Do you agree?
ANNE BREMNER, CRIMINAL DEFENSE ATTORNEY: Absolutely. It was a total bombshell. It's almost like the case is over.
The -- Mesereau started the day with a full-scale attack on the accuser with a witness that the prosecution didn't even know about until the weekend, the dean of his school, where the accuser denied not once but twice that Michael Jackson had touched him. He said, "Michael Jackson didn't do anything to me." And that is a bombshell.
He ended the day with dissecting the videotape where the accuser and the family sang Michael Jackson's praises, said he was like a father to them, and that the fun at Neverland never ended. And went through frame by frame by frame with the accuser.
It was a huge day yesterday. And even got him to talk about changing his story, that he may well have said he was molested before that video that was so favorable to Jackson, and now he's changed his story to say that it happened after. A huge day for the defense.
O'BRIEN: Yes. Now, there's always a theory, of course, that if the -- if the defense attorneys can point out that there's lies, that the whole case kind of falls apart, that the defense wins, the whole thing ends.
BREMNER: Right.
O'BRIEN: But, you know, isn't there a big exception when you're talking about kids and also when you're talking about child molestation?
BREMNER: Well, and that's what the prosecutor, Sneddon, is going to have to come back with with this child abuse expert to say that they don't disclose right away. And there is some merit to that type of an argument.
However, in this case, there were so many lies elicited, admissions of lies, it almost became mind numbing as the day went on. And generally with children, you're not going to see -- or even teenagers -- that type of just a litany of lies after lies after lies after lies. And that's the problem that they have.
And in fact, he even said, "I don't remember when things happened." And even a child remembers whether they were molested before or after a pivotal event like Christmas or their birthday or this huge rebuttal video that they did. And he couldn't remember. So I think that these are big issues right now.
O'BRIEN: Another contradiction, there was a comment that the accuser attributed to Michael Jackson brought up yesterday or last week that actually he also attributed that same comment to his grandmother. Explain the response on the stand, if you will.
BREMNER: Right. Well, it was a comment that was extremely unusual about something -- I don't know if I can use the word on television. But in any event, it was so odd, the comment that he attributed to his grandma and the comment that he attributed to Michael Jackson, that...
O'BRIEN: It was one of the things from the trial where he said, he claimed that Michael Jackson told him that if you do not masturbate that frankly it could lead to rape down the road. I mean, that's essentially the nutshell of what was said.
BREMNER: I'm glad that you said it and I didn't have to.
O'BRIEN: He attributed it to Michael Jackson. But then he also attributed it later to someone else he told that actually his grandmother had said that.
BREMNER: His grandmother.
O'BRIEN: How is that read in the courtroom? How do the jurors take that?
BREMNER: Well, it's like -- it's shocking, because has anyone ever said that to you? I mean, have you ever heard that comment, that if you don't masturbate you're going to go rape a girl?
And lightning doesn't strike twice. I mean, that's a comment that no one has even heard before.
Would his grandmother say it and Michael Jackson? It doesn't make any sense at all, none at all. And so, again, on cross- examination it went to his credibility. And Mesereau did a nice job in the cross-examination of the accuser.
O'BRIEN: It sounds like you're saying a very big day for the defense yesterday. Anne Bremner joining us this morning. Thanks again. We certainly appreciate your insight on this.
BREMNER: Thanks for having me.
O'BRIEN: My pleasure -- Jack.
CAFFERTY: Still to come, a simple test for newborns has been proven to save lives, but not every baby gets the test. Dr. Sanjay Gupta has that story as we continue on this AMERICAN MORNING.
(COMMERCIAL BREAK)
CAFFERTY: Talking earlier with former Major League Baseball Commissioner Fay Vincent about the congressional investigation of the use of steroids in baseball. Comedy Central's Jon Stewart is apparently concerned where this investigation is headed.
(BEGIN VIDEO CLIP)
JON STEWART, TALK SHOW HOST: Congressman Davis says the investigation may not end with baseball.
TIM RUSSERT, "MEET THE PRESS": What authority does your committee have? Could you look into drugs in Hollywood, drugs in the music business? How widespread do you feel you can go?
UNIDENTIFIED MALE: Rule 10-4C2 (ph) gives us the ability to hold a hearing on any matter at any time.
STEWART: Any matter at any time? Enron, Halliburton, no WMDs, Abu Ghraib, and you went with baseball? Way to go!
(APPLAUSE)
(END VIDEO CLIP)
O'BRIEN: He is so funny.
COSTELLO: Well, it's funny because Henry Waxman was appearing with him. And he's the guy that got these -- this Pentagon audit for Halliburton and wants more information. But he's holding hearings on baseball.
CAFFERTY: Incredible.
O'BRIEN: And, in fact, that's the "Question of the Day."
Good morning, Carol.
COSTELLO: Good morning, everyone. I'm filling in for Jack this morning. Some people say I'm doing a good job, other people say no.
CAFFERTY: You're doing a terrific job.
O'BRIEN: You are doing a fabulous job.
COSTELLO: Oh, yes.
I can only say people are hot over Halliburton. Word is it may have overcharged the United States $100 million by doing things like charging $27 million to deliver $82,000 worth of petroleum gas from Kuwait to Iraq.
So our question, should Halliburton give up its government contracts in Iraq?
This is from David from Ames, Iowa: "Halliburton should be made to pay back every bit of profit they have made in Iraq, account for every cent of the taxpayers' money, and then appear in front of a congressional committee" -- our favorite thing -- "to account for how they got the contracts in first place." Here's one in support of Halliburton. John from Columbia, South Carolina, "I'm a former soldier and now private contractor that works in Iraq. I do not work for Halliburton, but my past and present experience with Halliburton contract work is great. They have and still are taking great care of the soldiers and civilians in Iraq, providing them with everything they need from food, buildings to live in, maintenance and fuel. Get off Halliburton and stop making things worse for the soldiers and civilians in Iraq."
And, you know, you can't excuse that dozens of Halliburton workers have been killed in Iraq, hundreds more injured.
CAFFERTY: Sure.
COSTELLO: It is dangerous work.
O'BRIEN: But no one is saying they're not doing a good job. They're just saying that it's a job that's been charging a lot for that job.
COSTELLO: Well, the people at the top may not be doing the greatest job in keeping practice of where the money is going. Or maybe they are. You never know. That's what we're saying. That's what this Pentagon audit is saying.
CAFFERTY: Sure.
COSTELLO: This is from Chuck, Port Arthur, Texas: "Halliburton and its White House contact, Dick Cheney, should be forced to resign in shame for bilking U.S. taxpayers through a huge government contract that was never put out for bid. It's time we hold this administration accountable."
And a last one from Steve from Staten Island in New York. "While most people may think that gasoline should be really cheap in Iraq, I can tell you this, I would not deliver a pizza in Iraq for $1,000."
O'BRIEN: That kind of says it all, doesn't it?
COSTELLO: It does.
O'BRIEN: All right, Carol. Thanks.
Well, guess what? It turns out that size matters when it comes to finding the safest city in the world. We've got details of a new survey ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
Aired March 15, 2005 - 08:59 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Atlanta murder suspect Brian Nichols facing a judge again in just one hour. But first order of business, dropping charges against him.
The fallout of massive street demonstrations in Beirut. Are Syrians in Lebanon now caving in on a key demand?
And Michael Jackson claiming that he's got the momentum now. His accuser back on the stand for more on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
O'BRIEN: Good morning. Welcome, everybody. Bill Hemmer's off today, but Jack Cafferty is helping us out.
So thank you very much.
JACK CAFFERTY, CNN ANCHOR: How long does this go on?
O'BRIEN: Another hour. It's not so bad.
Ashley Smith, we're talking about her again today. She's facing the media once again, delivering a message to the victims' families, also speaking out about her faith. One of her former pastors is our guest this morning.
CAFFERTY: Also, authorities cracking down on a street gang with a reputation of taking out its enemies with machetes. Arrests being made across the country. We'll look at how much work is still needed to get these clowns off the streets.
Carol Costello is doing the "Question of the Day."
Good morning.
CAROL COSTELLO, CNN ANCHOR: I've got the "Question of the Day," and it has everything to do with Halliburton. Is Halliburton ripping us off in Iraq?
There's a Pentagon audit out saying it ripped U.S. taxpayers off to the tune of $100 million or more. So the question this morning, should Halliburton give up its government contracts in Iraq? E-mail us, AM@CNN.com.
O'BRIEN: All right. Carol, thank you very much. Let's get right to the headlines. Kelly Wallace is in for us.
Good morning.
KELLY WALLACE, CNN ANCHOR: Thanks, Soledad. Good morning to all of you. Here are some of the stories "Now in the News."
We begin again with that Amber Alert. Police in Alabama looking for help in finding a 14-year-old girl. Amber Danielle Shelton -- she goes by the name "Danielle" -- is believed to have been abducted by a man she met on the Internet.
The two are apparently traveling in a four-door maroon 1995 Blazer with Alabama license plates. Anyone with information is asked to call the police department or the Alabama Department of Public Safety.
A CNN "Security Watch" for you now. Hundreds of Pentagon workers have been tested for exposure to anthrax. This after censors detected signs of the potentially deadly bacteria at two Pentagon mail facilities. Initial tests have come back negative. More tests are under way.
And, of course, stay tuned to CNN day and night for the most reliable news about your security.
U.S. officials are cracking down on what they call one of the largest and most violent street gangs in the country. Authorities say they've arrested more than 100 suspected members of a Central American gang known as MS-13. Members have been known to use machetes to sever the limbs of their enemies. Officials say most of the suspects are in the United States legally.
And news about the White House. President Bush preparing to meet with one of the United States' closest Arab allies this morning. Jordan's King Abdullah will be at the White House in just about two hours. Topping the agenda for the two men, working on the Middle East peace process and calls for Syrian troops to leave Lebanon.
Get you caught up. Back to Soledad and Jack.
O'BRIEN: Thanks, Kelly.
CAFFERTY: Thanks, Kelly.
About an hour from now, Brian Nichols, the suspect in the Atlanta courthouse killings will have what is called a status hearing. CNN's Kimberly Osias is live to explain to us what that means.
Hi, Kimberly.
KIMBERLY OSIAS, CNN CORRESPONDENT: Hello, Jack.
Well, basically, it is a procedural hearing. There will be no new charges brought against Mr. Nichols. It is expected to be brief. He'll hear of his legal rights to an attorney, that sort of thing. He will move from the seventh floor here in the Fulton County Jail, that is the maximum security level, to hear the charges against him.
(BEGIN VIDEOTAPE)
OSIAS (voice-over): Thirty-three-year-old accused murderer Brian Nichols will appear before a magistrate for the first time since his alleged murder spree. This time, he's expected to be flanked by several sheriff's deputies. The federal firearm charge has been dropped, allowing the state of Georgia, a death penalty state, to file murder charges.
PAUL HOWARD, FULTON CO. DISTRICT ATTY.: We plan to charge him with the murders of the four Fulton County residents. We plan to charge him with a number of aggravated assaults, carjackings. It's going to be a very large indictment.
OSIAS: Nichols' arrest was a result of the quick thinking and calm demeanor of 26-year-old Ashley Smith. She was holed up with Nichols for almost eight hours, developed a trusting rapport that enabled her to escape and call 911.
Listen to this police conversation on the scanner we obtained from the Web site www.scangwinnette.com (ph).
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.
OSIAS: Last night, an emotional Smith appeared before the media to say thank you, and offer her condolences for the four victims.
ASHLEY SMITH, FMR. HOSTAGE: I also want to extend my deepest sympathies to the families of Judge Barnes, Julie Ann Brandau, Deputy Teasley, and Special Agent Wilhelm. As well as my prayers for Deputy Hall, who is fighting for her life right now in the hospital.
OSIAS: Smith, who will be a witness in the trial, also asked the public to respect her privacy, while she focuses on helping the investigation against Brian Nichols.
(END VIDEOTAPE)
OSIAS: Nichols is being held on those original rape charges, although a mistrial has been declared -- Jack.
CAFFERTY: Kimberly, are we going to see Nichols during these court proceedings today?
OSIAS: Well, actually, cameras are allowed in the courtroom. The public is not allowed in there. But of course they will be able to see that when it is available.
CAFFERTY: CNN's Kimberly Osias live in Atlanta -- Soledad. O'BRIEN: Well, Pastor Frank Page has known Ashley Smith since she was just 12 years old. He counseled her after her husband's violent death four years ago. I asked him this morning how Ashley's doing.
(BEGIN VIDEOTAPE)
PASTOR FRANK PAGE, COUNSELED ASHLEY SMITH: She is very, very tired. She's emotionally drained, as the whole family certainly are at this time. She's doing well. But she's just -- she feels like she's an ordinary person caught up in extremely extraordinary circumstances.
So given all the circumstances, she's doing well. But she's trying to recuperate just a little bit right now from all the attention that she's not accustomed to.
O'BRIEN: Yes, I would imagine. I'd also imagine that the impact of what happened to her, I mean, being held hostage for a long time, is sort of finally sinking in, and she's kind of getting the bigger understanding of that. I know she says she's not a hero. What do you think?
PAGE: Well, I think that term is widely used and little understood. She doesn't see herself that way.
She told me yesterday that she -- after the initial shock of being taken hostage and pleading for her life, she began to realize that she was not going to be harmed, and at that point she said she felt that God had just filled her up inside and enabled her to be able to be someone that could be used by him, so she felt she was God's instrument, and she was safe at that point, and she was able to trust him and he her. And so she doesn't see herself as an extraordinary person. She is a simple, ordinary person with a strong faith.
O'BRIEN: Pastor Frank Page joining us this morning. I know you've known her for a long time. Certainly, it's been a tough time for her, so I hope you'll pass along that we hope she is recovering from all this well, and getting some of the well-needed and well- deserved rest that she needs.
Thank you, sir. Appreciate your time.
PAGE: I will do that. Thank you.
(END VIDEOTAPE)
CAFFERTY: Syrian intelligence officers are leaving Beirut today, according to the Lebanese army. The demand that Syrian troops and intelligence officers get out of Lebanon fueled the demonstration.
Anderson Cooper is live in Beirut this morning. He's got the story of the man behind this historic rally yesterday.
And Anderson, a lot quieter than the scene you were in the middle of yesterday. ANDERSON COOPER, CNN CORRESPONDENT: Yes, it is a lot quieter. Good morning, Jack. Good morning, Soledad.
Yes, Syrian intelligence agents have been pulling out. How real that pullout is, of course, only time is going to tell.
There was a much smaller demonstration today, about 3,000 pro- Syrian students outside the U.S. embassy. The usual sort of thing we've seen in these kind of demonstrations, burning the American flag, burning the Israeli flag, calling for the U.S. to stop interfering, what they call interfering here in Lebanon.
But, of course, the big story of the day is still that major demonstration yesterday right here in Martyrs Square. Hundreds of thousands of Lebanese turning out, demanding Syria get out of Lebanon now.
(BEGIN VIDEOTAPE)
COOPER (voice-over): Downtown Beirut looked like a shimmering sea of white and red, a flood of flags waved by well over half a million protesters. Alaa Merhi could tell from the crush of the crowd the turnout was huge.
ALAA MERHI, DEMONSTRATOR: I'm not afraid for nothing. If they are going to take our blood, it's OK. We're going to give our blood just to bring back our liberty and the freedom and its independence.
COOPER: Alaa Merhis is just 23, like many young Lebanese at the core of what's being called the ceder revolution. They're demanding democracy, government's accountability, and for the first time in their lives saying publicly they want Syria to end its occupation of Lebanon.
(on camera): That first time that you shouted out, you know, "Syria out," what did it feel like?
MERHI: The first time I felt very happy. I thought that I'm saying something that was locked inside.
COOPER: Alaa isn't just demonstrating in the square today. He's been living here, camped out for the last 25 days. One of several hundred young Lebanese determined to keep the pressure on Syria to get out.
(voice-over): Their makeshift encampment is in the center of Martyrs Square. Most protesters living here are young, idealistic (UNINTELLIGIBLE). Alaa, like many Lebanese, was deeply influenced by the recent elections in Iraq.
(on camera): So you saw the election in Iraq and said...
MERHI: Yes.
COOPER: ... wow, maybe we can do this?
MERHI: Of course we can do this. Why we can't do this?
COOPER (voice-over): In this region, in this country, however, doing democracy is not easy. Alaa and the others insist they'll continue lighting candles, marching, speaking out, until Syria has gone and real change has come.
MERHI: And right now I think people, they are out holding, their hands and saying, we want to open the jail, we don't need anymore to stay inside the jail.
(END VIDEOTAPE)
COOPER: And while there was an anti-U.S. demonstration here in Beirut today, some 3,000 students outside the U.S. embassy, overwhelmingly the crowd yesterday, hundreds of thousands of people, were very pro the United States, pro-Europe, wanting the U.S., Europe and the U.N. to be involved here to get Syria out as quickly as possible. The protests continue. Students are camped out in that tent city behind me. And they are determined to be there until Syria gets out and until they get the truth about what happened to their former prime minister.
I'll be broadcasting from the tent encampment later on tonight on "360" -- Jack.
CAFFERTY: What else is coming up? You're out of Lebanon all week this week.
COOPER: Yes, we're ---- tonight -- tonight we're going to be looking into the assassination of the former prime minister. I was just down at the site where he was killed. There are so many questions still unanswered. And the investigation, it's been a month, and the Lebanese people still have yet to hear how he was killed, whether it was a car bomb, an underground explosion a suicide bomber.
There have been no answers. The Lebanese government is in charge of that investigation, and a lot of people are waiting and are afraid they're not going to get the answers that they're looking for -- Jack.
CAFFERTY: Look forward to it. Thank you, my friend. Anderson Cooper in Beirut. "AC 360," 7:00 Eastern Time.
O'BRIEN: Let's take a check of the weather once again. Chad Myers is at the CNN Center for us with the very latest.
(WEATHER REPORT)
CAFFERTY: Still ahead, as we continue, Michael Jackson's accuser changes part of his story on the witness stand. A criminal defense attorney tells us whether the contradictions could devastate the prosecution's case.
O'BRIEN: And Dr. Gupta ahead this morning. A little boy with an incredibly rare disease. How a random test saved his life and amazingly his brother's as well.
Stay with us. You're watching AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Michael Jackson's accuser will be back on the stand today. Jackson's lawyer picked apart the 15-year-old boy's testimony during five hours of cross-examination on Monday.
Miguel Marquez is covering the trial.
(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)
O'BRIEN: Criminal defense attorney Anne Bremner watched Monday's cross-examination. She's in Santa Maria, California, for us this morning.
Nice to see you, Ann. Jeff Toobin says it was a bombshell yesterday. Do you agree?
ANNE BREMNER, CRIMINAL DEFENSE ATTORNEY: Absolutely. It was a total bombshell. It's almost like the case is over.
The -- Mesereau started the day with a full-scale attack on the accuser with a witness that the prosecution didn't even know about until the weekend, the dean of his school, where the accuser denied not once but twice that Michael Jackson had touched him. He said, "Michael Jackson didn't do anything to me." And that is a bombshell.
He ended the day with dissecting the videotape where the accuser and the family sang Michael Jackson's praises, said he was like a father to them, and that the fun at Neverland never ended. And went through frame by frame by frame with the accuser.
It was a huge day yesterday. And even got him to talk about changing his story, that he may well have said he was molested before that video that was so favorable to Jackson, and now he's changed his story to say that it happened after. A huge day for the defense.
O'BRIEN: Yes. Now, there's always a theory, of course, that if the -- if the defense attorneys can point out that there's lies, that the whole case kind of falls apart, that the defense wins, the whole thing ends.
BREMNER: Right.
O'BRIEN: But, you know, isn't there a big exception when you're talking about kids and also when you're talking about child molestation?
BREMNER: Well, and that's what the prosecutor, Sneddon, is going to have to come back with with this child abuse expert to say that they don't disclose right away. And there is some merit to that type of an argument.
However, in this case, there were so many lies elicited, admissions of lies, it almost became mind numbing as the day went on. And generally with children, you're not going to see -- or even teenagers -- that type of just a litany of lies after lies after lies after lies. And that's the problem that they have.
And in fact, he even said, "I don't remember when things happened." And even a child remembers whether they were molested before or after a pivotal event like Christmas or their birthday or this huge rebuttal video that they did. And he couldn't remember. So I think that these are big issues right now.
O'BRIEN: Another contradiction, there was a comment that the accuser attributed to Michael Jackson brought up yesterday or last week that actually he also attributed that same comment to his grandmother. Explain the response on the stand, if you will.
BREMNER: Right. Well, it was a comment that was extremely unusual about something -- I don't know if I can use the word on television. But in any event, it was so odd, the comment that he attributed to his grandma and the comment that he attributed to Michael Jackson, that...
O'BRIEN: It was one of the things from the trial where he said, he claimed that Michael Jackson told him that if you do not masturbate that frankly it could lead to rape down the road. I mean, that's essentially the nutshell of what was said.
BREMNER: I'm glad that you said it and I didn't have to.
O'BRIEN: He attributed it to Michael Jackson. But then he also attributed it later to someone else he told that actually his grandmother had said that.
BREMNER: His grandmother.
O'BRIEN: How is that read in the courtroom? How do the jurors take that?
BREMNER: Well, it's like -- it's shocking, because has anyone ever said that to you? I mean, have you ever heard that comment, that if you don't masturbate you're going to go rape a girl?
And lightning doesn't strike twice. I mean, that's a comment that no one has even heard before.
Would his grandmother say it and Michael Jackson? It doesn't make any sense at all, none at all. And so, again, on cross- examination it went to his credibility. And Mesereau did a nice job in the cross-examination of the accuser.
O'BRIEN: It sounds like you're saying a very big day for the defense yesterday. Anne Bremner joining us this morning. Thanks again. We certainly appreciate your insight on this.
BREMNER: Thanks for having me.
O'BRIEN: My pleasure -- Jack.
CAFFERTY: Still to come, a simple test for newborns has been proven to save lives, but not every baby gets the test. Dr. Sanjay Gupta has that story as we continue on this AMERICAN MORNING.
(COMMERCIAL BREAK)
CAFFERTY: Talking earlier with former Major League Baseball Commissioner Fay Vincent about the congressional investigation of the use of steroids in baseball. Comedy Central's Jon Stewart is apparently concerned where this investigation is headed.
(BEGIN VIDEO CLIP)
JON STEWART, TALK SHOW HOST: Congressman Davis says the investigation may not end with baseball.
TIM RUSSERT, "MEET THE PRESS": What authority does your committee have? Could you look into drugs in Hollywood, drugs in the music business? How widespread do you feel you can go?
UNIDENTIFIED MALE: Rule 10-4C2 (ph) gives us the ability to hold a hearing on any matter at any time.
STEWART: Any matter at any time? Enron, Halliburton, no WMDs, Abu Ghraib, and you went with baseball? Way to go!
(APPLAUSE)
(END VIDEO CLIP)
O'BRIEN: He is so funny.
COSTELLO: Well, it's funny because Henry Waxman was appearing with him. And he's the guy that got these -- this Pentagon audit for Halliburton and wants more information. But he's holding hearings on baseball.
CAFFERTY: Incredible.
O'BRIEN: And, in fact, that's the "Question of the Day."
Good morning, Carol.
COSTELLO: Good morning, everyone. I'm filling in for Jack this morning. Some people say I'm doing a good job, other people say no.
CAFFERTY: You're doing a terrific job.
O'BRIEN: You are doing a fabulous job.
COSTELLO: Oh, yes.
I can only say people are hot over Halliburton. Word is it may have overcharged the United States $100 million by doing things like charging $27 million to deliver $82,000 worth of petroleum gas from Kuwait to Iraq.
So our question, should Halliburton give up its government contracts in Iraq?
This is from David from Ames, Iowa: "Halliburton should be made to pay back every bit of profit they have made in Iraq, account for every cent of the taxpayers' money, and then appear in front of a congressional committee" -- our favorite thing -- "to account for how they got the contracts in first place." Here's one in support of Halliburton. John from Columbia, South Carolina, "I'm a former soldier and now private contractor that works in Iraq. I do not work for Halliburton, but my past and present experience with Halliburton contract work is great. They have and still are taking great care of the soldiers and civilians in Iraq, providing them with everything they need from food, buildings to live in, maintenance and fuel. Get off Halliburton and stop making things worse for the soldiers and civilians in Iraq."
And, you know, you can't excuse that dozens of Halliburton workers have been killed in Iraq, hundreds more injured.
CAFFERTY: Sure.
COSTELLO: It is dangerous work.
O'BRIEN: But no one is saying they're not doing a good job. They're just saying that it's a job that's been charging a lot for that job.
COSTELLO: Well, the people at the top may not be doing the greatest job in keeping practice of where the money is going. Or maybe they are. You never know. That's what we're saying. That's what this Pentagon audit is saying.
CAFFERTY: Sure.
COSTELLO: This is from Chuck, Port Arthur, Texas: "Halliburton and its White House contact, Dick Cheney, should be forced to resign in shame for bilking U.S. taxpayers through a huge government contract that was never put out for bid. It's time we hold this administration accountable."
And a last one from Steve from Staten Island in New York. "While most people may think that gasoline should be really cheap in Iraq, I can tell you this, I would not deliver a pizza in Iraq for $1,000."
O'BRIEN: That kind of says it all, doesn't it?
COSTELLO: It does.
O'BRIEN: All right, Carol. Thanks.
Well, guess what? It turns out that size matters when it comes to finding the safest city in the world. We've got details of a new survey ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
