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CNN Live At Daybreak

Scott Peterson's Fate; Politics, Violence in Iraq; Bedside Manners

Aired March 16, 2005 - 06:00   ET

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

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


CAROL COSTELLO, CNN ANCHOR: Emotional memories. The brother of Brian Nichols talks about the man suspected in the Atlanta courthouse shootings.
And harsh words from Scott Peterson's mother-in-law as a judge decides his fate today.

And the search for a missing girl. New details emerge about the focus of the investigation.

It is Wednesday, March 16. You are watching DAYBREAK.

And good morning to you. From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

"Now in the News."

A car bomb explodes at an Iraqi army checkpoint, killing at least two Iraqi soldiers and wounding five others. The blast happened at a major intersection in northern Baquba. We'll head live to Iraq in 15 minutes for the latest details.

Secretary of State Condoleezza Rice is on her way to Islamabad. She has been in India, where she praised leaders there for moving to end disagreements with Pakistan. She also pledged to increase defense cooperation with India.

Joint Chiefs Chairman General Richard Myers says the Pentagon is considering establishing long-term military bases in Afghanistan. It's part of a repositioning of U.S. forces worldwide.

And this just in to CNN, we have a pope sighting. There he is. Pope John Paul II making a surprise appearance at his apartment window overlooking St. Peters Square. You hear the people cheering. This is his first public appearance since being released from the hospital on Sunday.

A standoff in the Senate today on the issue of drilling in the Arctic National Wildlife Refuge. Both sides expect a close vote on a provision in that budget bill that would open the refuge to drilling for oil.

To the forecast center now.

(WEATHER REPORT) COSTELLO: In the aftermath of the Atlanta shootings, communities are coming together to honor and remember those who were killed. This candlelight prayer vigil paid tribute to Sheriff's Deputy Hoyt Teasley, who was gunned down in Friday's shooting rampage. The International Brotherhood of Police also honored other officers lost in the line of duty.

Friends and co-workers of court reporter Julie Ann Brandau are remembering her as nothing but wonderful. A visitation was held last night at a funeral home just east of Atlanta. A lawyer who worked with her says she was known for her devotion to other people. A memorial service is planned for this afternoon.

And police offices and firefighters lined the street to honor Immigration and Customs Agent David Wilhelm. Investigators say he's the fourth person killed in Atlanta by suspect Brian Nichols. More than 200 vehicles accompanied the hearse carrying Wilhelm's body from Georgia to his hometown in North Carolina.

In the meantime, we're getting more details about the life so far of Atlanta courthouse shooting suspect Brian Nichols. Nichols' brother, Mark, says the public is getting the wrong idea about Brian. He talked exclusively to Larry King about the kind of person his brother really is.

(BEGIN VIDEO CLIP)

MARK NICHOLS, BROTHER OF BRIAN NICHOLS: He's laid back. I mean, he's been portrayed really bad, you know. People are saying that he was always into some kind of trouble, but it wasn't like that. You know, he's a real laid back kind of guy. I mean, he would do anything for you. I mean, he did so much for me. I'm the older brother, but I looked up to him as if he were my older brother, you know, so...

LARRY KING, CNN HOST: He was the stable person.

NICHOLS: I mean, a lot of people, like, they haven't really said -- you know, he worked for Hewlett-Packard for eight years as a UNIX system operator engineer, making probably six figures.

(END VIDEO CLIP)

COSTELLO: Mark Nichols went on to say he wants his brother to know the family is not turning against him and that they're still there for him.

An apology from me. I said the governor of Georgia was Roy Barnes. It is not. Of course, it's Sonny Purdue. And I apologize for that.

In other stories "Across America" this Wednesday morning.

Federal authorities in New York City say they have cracked a major weapons smuggling ring. They have arrested 18 men, accusing them of trying to smuggle Russian-made military weapons into the United States. The men are also accused of conspiring to sell the arms to terrorists. The arrests follow a year-long FBI probe.

A couple in Kentucky says it was a last resort deal. They needed money, so guess what? They allegedly sold their baby for $5,000. They stocked up on clothes, food. They even bought a car. The man says they had every intention of getting her back, but police are investigating now.

The president of Harvard University gets a no-confidence vote from his faculty. It's a reminder of just how angry the faculty is over Lawrence Summers managerial style and his comments on women and science.

He already knows what the jury thinks. Today, Scott Peterson will find out if the judge agrees that he should face the death penalty for killing his wife, Laci. Family members will get a chance to speak. But Laci Peterson's mother is already blasting the court for limiting the number of seats for Laci's friends and family members while letting more journalists into the hearing.

CNN's Rusty Dornin joins us now live with more.

Good morning.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Carol, this is scheduled to be a routine sentencing hearing. But just by the nature of the fact that it is a death penalty hearing, it's never really routine.

There are a couple of unknowns. Which family members will speak? Will Scott Peterson take the stand? And finally, will the judge hand down the ultimate penalty?

(BEGIN VIDEOTAPE)

DORNIN (voice over): Before any sentence is pronounced, his lawyer will battle to get him a new trial. Mark Geragos will argue Scott Peterson may have never been convicted or sentenced to death if there had not been evidence withheld by prosecutors, legal errors and juror misconduct.

Geragos also claims there is newly-discovered evidence that Laci Peterson interrupted a burglary the day she disappeared. Prosecutors say the evidence wasn't new, and the burglary didn't take place until two days after the pregnant young woman disappeared.

While Judge Alfred Delucchi will hear the defense's argument for a new trial, legal experts say it's not likely to change his mind.

UNIDENTIFIED MALE: His simple decision is: Did the jurors follow the law? Were there enough facts? And clearly in this case, there were. So, he really has no choice but to impose the death penalty.

DORNIN: Geragos also called this juror, number eight, John Gwinaso (ph), a cancer. The defense team argues he manipulated the court to dismiss two other jurors unjustly. He says he would have had second thoughts about voting for the death penalty if... UNIDENTIFIED MALE: If Scott would have took the stand during the penalty phase and showed some remorse, I definitely would have voted for life.

DORNIN: Family members will be allowed to speak, as will Scott Peterson, although sources say it is unlikely he will do so. If the judge upholds the death sentence, Peterson will be taken to death row at San Quentin prison.

(END VIDEOTAPE)

Normally, a bus leaves here from the San Mateo County jail taking prisoners to San Quentin twice a week. But sources tell us that won't happen. He'll have a private escort. He will leave here sometime within the next 48 hours. He'll be taken to death row, where he'll join the likes of notorious killers like Richard Ramirez from Los Angeles, the serial killer, also known as the "Night Stalker" -- Carol.

COSTELLO: Thank you very much. Live from California this morning, Rusty Dornin.

First up at Michael Jackson's molestation trial this morning: inconsistencies in his accuser's testimony. During cross-examination, Jackson's attorney was able to rattle the teenager.

(BEGIN VIDEO CLIP)

BRYAN ALEXANDER, "PEOPLE" MAGAZINE: When the accuser was on the stand, he seemed very effective when the prosecution was up. But the defense is slowly but surely tearing it apart. And I think everybody is monitoring it now on sort of a day-to-day basis, knowing, of course, that really the end result is that all that matters.

(END VIDEO CLIP)

COSTELLO: Jurors will try for an eighth day to decide the fate of actor Robert Blake. Seven full days of deliberations have not been enough to reach a verdict in his murder trial. For a second time, jurors asked for witness testimony to be read back to them. Blake is accused of killing his wife, Bonny Lee Bakley.

Coming up, we'll head live to Iraq, where the first democratic government is being sworn in today.

And more on the conviction of a CEO. What was Bernie Ebbers' downfall? Could it have been himself?

And could your doctor actually kick you out of his practice for not following his orders? It's called cherry-picking.

And later, a church leader warns followers about a book he says is full of lies. And I bet you've read it.

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

(COMMERCIAL BREAK)

COSTELLO: Central Park is looking good this morning.

Your news, money, weather and sports. It is 6:13 Eastern. Here's what's all new this morning.

Court reporter Julie Brandau will be laid to rest today. She is one of the four people shot and killed Friday during a shooting rampage in Atlanta. Suspect Brian Nichols is being held without bond this morning.

Secretary of State Condoleezza Rice is on her way to Islamabad, Pakistan. She's been in India, where she praised leaders there for moving to end disagreements with Pakistan. She also pledged to increase defense cooperation with India.

In money news, Alan Greenspan says Congress isn't being clear with you when it comes to Social Security and Medicare. He tells a Senate panel that cuts in future benefits almost surely lie ahead.

In culture, family-friendly films are raking it in. For the first time in two decades, PG-rated films like "Shrek 2" have taken in more money in United States ticket sales than R-rated movies.

In sports, the NFL is looking into holding the first regular season game outside of the United States. The game, October 2, would be in Mexico City between the Arizona Cardinals and the San Francisco 49ers.

(WEATHER REPORT)

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

A mixture of politics and violence in Iraq this morning. A car bomb went off at an Iraqi army checkpoint in the city of Baquba. That's north of Baghdad. These are pictures we're just getting in. This blast killed at least two Iraqi soldiers and wounded several others.

In the meantime in Baghdad, a string of explosions has rattled the area around the convention center. That's where Iraq's newly- elected National Assembly has been holding its first meeting this morning.

So, let's head straight to the Iraqi capital and CNN's Aneesh Raman. He's there.

Good morning, Aneesh.

ANEESH RAMAN, CNN CORRESPONDENT: Carol, good morning.

The final step towards a permanent Iraqi government is now in place. A seminal moment taking place when the 275 members of the Iraqi National Assembly were sworn in. The names, though, were not put forward today, Carol, for the positions of prime minister or president or any other of the key ministerial positions -- the reason being that no deal has been finalized between the two main political factions, the Kurdish Alliance and the Shia-backed United Iraqi Alliance. What that means is that this body essentially now is ceremonial and lays in wait for legitimacy until that deal can be finalized.

Interim President and Prime Minister Ayad Allawi and Ghazi al- Yawar spoke about the challenges ahead, primary of those being drafting this country's constitution. But as you said, Carol, explosions were what began this morning, a stark reminder of the critical issues that this transitional government must confront.

COSTELLO: Aneesh Raman live in Baghdad this morning.

He claimed to be the company cheerleader. Find out the jury's verdict in the billion-dollar fraud case of the former WorldCom CEO. See if he has anything to cheer about now.

And following your doctor's orders? Find out what could happen to you if you ignore your doctor's advice. He could kick you right out of his practice. That's when DAYBREAK continues.

(COMMERCIAL BREAK)

COSTELLO: It's time now for a little "Business Buzz." The verdict is in: guilty for the former WorldCom CEO Bernie Ebbers.

Chris Huntington has more on this decision.

And I don't know. It didn't come as much of a surprise. What came as a surprise is what the jurors thought of his testimony.

CHRIS HUNTINGTON, CNN FINANCIAL NEWS CORRESPONDENT: Yes. Well, let's back up and address the first notion that it didn't come as a surprise. I mean, the big banner headlines of corporate scandals sort of crossed our eyes and just overwhelmed us a couple of years ago. And now, when we finally get into the trial phase, people had sort of become perhaps taking it for granted that Bernie Ebbers and other people like would get convicted.

But you have to just realize the magnitude of this. This was one of the biggest companies in the country, the largest bankruptcy in U.S. history. Here was a CEO who had built a company out of virtually nothing. He had become one of the richest men in America. And now, he is facing, potentially, spending the rest of his life in jail.

He did take the stand in his own defense, which is a rarity in cases like this. But apparently, he really didn't do himself any good.

Several of the jurors have been speaking. One of them is the daughter of a gentleman who runs a financial news Web site. And yesterday he posted some of the impressions that his daughter had of the deliberations. And we have a quote to you here, saying that the jurors "concluded that with his" -- Ebbers' -- "personal fortune evaporating and the company he built sinking, it was inconceivable that Ebbers was not paying attention (as he claimed) to the financial accounts landing on his desk."

Ebbers' defense when he took the stand was what people have dubbed sort of the "Aw shucks" defense, or what we might know as the Sergeant Shultz defense. He claimed that he didn't understand the financial wizardry, that he wasn't paying attention to the accounting, that he really was just more of sort of a team leader and a cheerleader for the company. And people found that, of course, absolutely incredible.

COSTELLO: Yes, they did not find him credible at all. If you go to estrong.com, you'll hear more comments from juror number 10, apparently.

HUNTINGTON: You can see that.

COSTELLO: Yes. The other thing, the other CEOs that are going on trial, like Ken Lay of Enron, they've got to be looking at this and shaking.

HUNTINGTON: This is -- yes. This certainly -- the prosecution, the U.S. attorneys are building up steam here. They're getting ahead of steam. And, you know, in theory and in, you know, an ideal legal world, one case has no bearing on another. But there is a sense of momentum that these cases will resonate with jury pools, and jury pools will be aware of this. And everybody claims, you know, well, I'm not going to let these other factors weigh in on this case. But these things will come to bear.

COSTELLO: Well, you know what people claim, that the jury just won't get it. They won't understand, like, the minutia of the evidence. But in this case, the jurors certainly did understand.

HUNTINGTON: Well, and that's -- you bring up a very good point.

COSTELLO: Yes.

HUNTINGTON: The prosecutors are very wary of that, and they've been getting very, very good at sort of distilling these what can be arcane financial matters, into something that is basically a common- sense weighing of, does that make sense, or is that unfair?

COSTELLO: Yes. It will be interesting. Thank you, Chris Huntington.

HUNTINGTON: You're welcome.

COSTELLO: If a doctor told you, you have to quit smoking, would you do it? How about lose some weight? Coming up, hear what some doctors will start doing if you do not follow their orders.

And hundreds of U.S. employees get something they do not want, when DAYBREAK continues.

(COMMERCIAL BREAK)

COSTELLO: "Star Wars" fans, listen up. The force is coming to your cell phone. Just ahead on DAYBREAK, Chad will tell you how you can hear your favorite scene without blasting off into a galaxy far away. We're back in a minute.

(COMMERCIAL BREAK)

COSTELLO: Good morning once again. It's 6:26 Eastern Time.

You've heard the advice: 'Take two aspirin and call me in the morning." Well, if you blow off your doctor's advice, even advice that simple, you could be kicked out of his practice or her practice. It's called cherry-picking -- that is, keeping only the compliant patients who follow their doctor's advice. It doesn't happen often, but it may soon get more commonplace, thanks to HMOs.

Live to Jacksonville, Florida, and Dr. Charles Booras, a family physician for 22 years.

Welcome, Doctor.

DR. CHARLES BOORAS, FAMILY PHYSICIAN: Good morning.

COSTELLO: You know, some insurance companies are calling this "pay for performance." What does that concept mean for doctors?

BOORAS: I like the term "outcomes-based compensation" better than "pay for performance." But we're really trying to derive two things. It's the use of incentives to try to encourage doctors to use health care that's been scientifically validated to improve health outcomes for patients. The other component is to try to make some health system transformations that can help make us more efficient at achieving those improved outcomes.

So, the bottom line, the goal is healthier patients and more effective docs.

COSTELLO: But isn't that putting the onus on you? So, it's up to you to make sure your patients follow the advice that you give them?

BOORAS: That's the toughest part, and nobody has a good answer on how to help our patients become more adherent with the treatment guidelines.

I was part, last year, of a summit conference, a consensus conference, between Johns Hopkins and American Healthways. And we had 200 docs to get their perspective on what an effective pay-for- performance program should include. And that report was just published earlier this month and is online as well.

COSTELLO: Well...

BOORAS: And the important aspect of this -- or one of the important aspects, Carol, was to make the patients a vital part of any of these programs.

COSTELLO: Well, you know, it sounds good. I just want to make it very clear, and give maybe people an example. Let's say you have a diabetic patient, doesn't follow up on the tests he or she needs after treatment. And then you could possibly get a bad write-up from the HMO, and you'd lose referrals that way.

So, again, I ask, why are the HMOs making the doctors responsible for patient behavior? Is the HMO forcing you to make follow-up calls to the patients, that kind of thing? Like, how can you force someone to follow your advice?

BOORAS: Well, you just can't. And that's the biggest problem that we're facing right now. And I don't know why we can't have other incentives from the insurance payer standpoint to encourage the patients to become more adherent with the treatment recommendations.

The best we can do as a physician is to spend the time educating our patients, helping them to realize that the time and energy we invest now in our treatment approaches are going to pay off significantly later by helping prevent some of the major killers, like heart attack and stroke.

COSTELLO: So, Doctor, tell me, how common is it that a doctor would actually kick a patient out of his practice, because the patient wasn't being compliant?

BOORAS: I don't actually know of any cases in which that has been done. I don't do that in my practice. The only time a patient has been discharged from my practice is when our rapport, our therapeutic relationship has been broken. And that is not going to be broken by the patient being non-adherent with my treatment recommendations.

A good example is the smoking patient. I may work with that patient over years and repeatedly speak to them about the importance and the necessity of stopping smoking. They're not going to quit the first time I recommend, 'You need to quit smoking.' You can't give up on patients like that. It's going to destroy I think their ability to establish a good relationship with other doctors down the line.

COSTELLO: Yes. And then, of course, a final thought. There's always the fear that the patient will be penalized in some way by the HMO, because the patient isn't following the advice, but right now the onus is on the doctors. Dr. Booras, thank you for joining DAYBREAK this morning. We appreciate it.

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 16, 2005 - 06:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Emotional memories. The brother of Brian Nichols talks about the man suspected in the Atlanta courthouse shootings.
And harsh words from Scott Peterson's mother-in-law as a judge decides his fate today.

And the search for a missing girl. New details emerge about the focus of the investigation.

It is Wednesday, March 16. You are watching DAYBREAK.

And good morning to you. From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

"Now in the News."

A car bomb explodes at an Iraqi army checkpoint, killing at least two Iraqi soldiers and wounding five others. The blast happened at a major intersection in northern Baquba. We'll head live to Iraq in 15 minutes for the latest details.

Secretary of State Condoleezza Rice is on her way to Islamabad. She has been in India, where she praised leaders there for moving to end disagreements with Pakistan. She also pledged to increase defense cooperation with India.

Joint Chiefs Chairman General Richard Myers says the Pentagon is considering establishing long-term military bases in Afghanistan. It's part of a repositioning of U.S. forces worldwide.

And this just in to CNN, we have a pope sighting. There he is. Pope John Paul II making a surprise appearance at his apartment window overlooking St. Peters Square. You hear the people cheering. This is his first public appearance since being released from the hospital on Sunday.

A standoff in the Senate today on the issue of drilling in the Arctic National Wildlife Refuge. Both sides expect a close vote on a provision in that budget bill that would open the refuge to drilling for oil.

To the forecast center now.

(WEATHER REPORT) COSTELLO: In the aftermath of the Atlanta shootings, communities are coming together to honor and remember those who were killed. This candlelight prayer vigil paid tribute to Sheriff's Deputy Hoyt Teasley, who was gunned down in Friday's shooting rampage. The International Brotherhood of Police also honored other officers lost in the line of duty.

Friends and co-workers of court reporter Julie Ann Brandau are remembering her as nothing but wonderful. A visitation was held last night at a funeral home just east of Atlanta. A lawyer who worked with her says she was known for her devotion to other people. A memorial service is planned for this afternoon.

And police offices and firefighters lined the street to honor Immigration and Customs Agent David Wilhelm. Investigators say he's the fourth person killed in Atlanta by suspect Brian Nichols. More than 200 vehicles accompanied the hearse carrying Wilhelm's body from Georgia to his hometown in North Carolina.

In the meantime, we're getting more details about the life so far of Atlanta courthouse shooting suspect Brian Nichols. Nichols' brother, Mark, says the public is getting the wrong idea about Brian. He talked exclusively to Larry King about the kind of person his brother really is.

(BEGIN VIDEO CLIP)

MARK NICHOLS, BROTHER OF BRIAN NICHOLS: He's laid back. I mean, he's been portrayed really bad, you know. People are saying that he was always into some kind of trouble, but it wasn't like that. You know, he's a real laid back kind of guy. I mean, he would do anything for you. I mean, he did so much for me. I'm the older brother, but I looked up to him as if he were my older brother, you know, so...

LARRY KING, CNN HOST: He was the stable person.

NICHOLS: I mean, a lot of people, like, they haven't really said -- you know, he worked for Hewlett-Packard for eight years as a UNIX system operator engineer, making probably six figures.

(END VIDEO CLIP)

COSTELLO: Mark Nichols went on to say he wants his brother to know the family is not turning against him and that they're still there for him.

An apology from me. I said the governor of Georgia was Roy Barnes. It is not. Of course, it's Sonny Purdue. And I apologize for that.

In other stories "Across America" this Wednesday morning.

Federal authorities in New York City say they have cracked a major weapons smuggling ring. They have arrested 18 men, accusing them of trying to smuggle Russian-made military weapons into the United States. The men are also accused of conspiring to sell the arms to terrorists. The arrests follow a year-long FBI probe.

A couple in Kentucky says it was a last resort deal. They needed money, so guess what? They allegedly sold their baby for $5,000. They stocked up on clothes, food. They even bought a car. The man says they had every intention of getting her back, but police are investigating now.

The president of Harvard University gets a no-confidence vote from his faculty. It's a reminder of just how angry the faculty is over Lawrence Summers managerial style and his comments on women and science.

He already knows what the jury thinks. Today, Scott Peterson will find out if the judge agrees that he should face the death penalty for killing his wife, Laci. Family members will get a chance to speak. But Laci Peterson's mother is already blasting the court for limiting the number of seats for Laci's friends and family members while letting more journalists into the hearing.

CNN's Rusty Dornin joins us now live with more.

Good morning.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Carol, this is scheduled to be a routine sentencing hearing. But just by the nature of the fact that it is a death penalty hearing, it's never really routine.

There are a couple of unknowns. Which family members will speak? Will Scott Peterson take the stand? And finally, will the judge hand down the ultimate penalty?

(BEGIN VIDEOTAPE)

DORNIN (voice over): Before any sentence is pronounced, his lawyer will battle to get him a new trial. Mark Geragos will argue Scott Peterson may have never been convicted or sentenced to death if there had not been evidence withheld by prosecutors, legal errors and juror misconduct.

Geragos also claims there is newly-discovered evidence that Laci Peterson interrupted a burglary the day she disappeared. Prosecutors say the evidence wasn't new, and the burglary didn't take place until two days after the pregnant young woman disappeared.

While Judge Alfred Delucchi will hear the defense's argument for a new trial, legal experts say it's not likely to change his mind.

UNIDENTIFIED MALE: His simple decision is: Did the jurors follow the law? Were there enough facts? And clearly in this case, there were. So, he really has no choice but to impose the death penalty.

DORNIN: Geragos also called this juror, number eight, John Gwinaso (ph), a cancer. The defense team argues he manipulated the court to dismiss two other jurors unjustly. He says he would have had second thoughts about voting for the death penalty if... UNIDENTIFIED MALE: If Scott would have took the stand during the penalty phase and showed some remorse, I definitely would have voted for life.

DORNIN: Family members will be allowed to speak, as will Scott Peterson, although sources say it is unlikely he will do so. If the judge upholds the death sentence, Peterson will be taken to death row at San Quentin prison.

(END VIDEOTAPE)

Normally, a bus leaves here from the San Mateo County jail taking prisoners to San Quentin twice a week. But sources tell us that won't happen. He'll have a private escort. He will leave here sometime within the next 48 hours. He'll be taken to death row, where he'll join the likes of notorious killers like Richard Ramirez from Los Angeles, the serial killer, also known as the "Night Stalker" -- Carol.

COSTELLO: Thank you very much. Live from California this morning, Rusty Dornin.

First up at Michael Jackson's molestation trial this morning: inconsistencies in his accuser's testimony. During cross-examination, Jackson's attorney was able to rattle the teenager.

(BEGIN VIDEO CLIP)

BRYAN ALEXANDER, "PEOPLE" MAGAZINE: When the accuser was on the stand, he seemed very effective when the prosecution was up. But the defense is slowly but surely tearing it apart. And I think everybody is monitoring it now on sort of a day-to-day basis, knowing, of course, that really the end result is that all that matters.

(END VIDEO CLIP)

COSTELLO: Jurors will try for an eighth day to decide the fate of actor Robert Blake. Seven full days of deliberations have not been enough to reach a verdict in his murder trial. For a second time, jurors asked for witness testimony to be read back to them. Blake is accused of killing his wife, Bonny Lee Bakley.

Coming up, we'll head live to Iraq, where the first democratic government is being sworn in today.

And more on the conviction of a CEO. What was Bernie Ebbers' downfall? Could it have been himself?

And could your doctor actually kick you out of his practice for not following his orders? It's called cherry-picking.

And later, a church leader warns followers about a book he says is full of lies. And I bet you've read it.

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

(COMMERCIAL BREAK)

COSTELLO: Central Park is looking good this morning.

Your news, money, weather and sports. It is 6:13 Eastern. Here's what's all new this morning.

Court reporter Julie Brandau will be laid to rest today. She is one of the four people shot and killed Friday during a shooting rampage in Atlanta. Suspect Brian Nichols is being held without bond this morning.

Secretary of State Condoleezza Rice is on her way to Islamabad, Pakistan. She's been in India, where she praised leaders there for moving to end disagreements with Pakistan. She also pledged to increase defense cooperation with India.

In money news, Alan Greenspan says Congress isn't being clear with you when it comes to Social Security and Medicare. He tells a Senate panel that cuts in future benefits almost surely lie ahead.

In culture, family-friendly films are raking it in. For the first time in two decades, PG-rated films like "Shrek 2" have taken in more money in United States ticket sales than R-rated movies.

In sports, the NFL is looking into holding the first regular season game outside of the United States. The game, October 2, would be in Mexico City between the Arizona Cardinals and the San Francisco 49ers.

(WEATHER REPORT)

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

A mixture of politics and violence in Iraq this morning. A car bomb went off at an Iraqi army checkpoint in the city of Baquba. That's north of Baghdad. These are pictures we're just getting in. This blast killed at least two Iraqi soldiers and wounded several others.

In the meantime in Baghdad, a string of explosions has rattled the area around the convention center. That's where Iraq's newly- elected National Assembly has been holding its first meeting this morning.

So, let's head straight to the Iraqi capital and CNN's Aneesh Raman. He's there.

Good morning, Aneesh.

ANEESH RAMAN, CNN CORRESPONDENT: Carol, good morning.

The final step towards a permanent Iraqi government is now in place. A seminal moment taking place when the 275 members of the Iraqi National Assembly were sworn in. The names, though, were not put forward today, Carol, for the positions of prime minister or president or any other of the key ministerial positions -- the reason being that no deal has been finalized between the two main political factions, the Kurdish Alliance and the Shia-backed United Iraqi Alliance. What that means is that this body essentially now is ceremonial and lays in wait for legitimacy until that deal can be finalized.

Interim President and Prime Minister Ayad Allawi and Ghazi al- Yawar spoke about the challenges ahead, primary of those being drafting this country's constitution. But as you said, Carol, explosions were what began this morning, a stark reminder of the critical issues that this transitional government must confront.

COSTELLO: Aneesh Raman live in Baghdad this morning.

He claimed to be the company cheerleader. Find out the jury's verdict in the billion-dollar fraud case of the former WorldCom CEO. See if he has anything to cheer about now.

And following your doctor's orders? Find out what could happen to you if you ignore your doctor's advice. He could kick you right out of his practice. That's when DAYBREAK continues.

(COMMERCIAL BREAK)

COSTELLO: It's time now for a little "Business Buzz." The verdict is in: guilty for the former WorldCom CEO Bernie Ebbers.

Chris Huntington has more on this decision.

And I don't know. It didn't come as much of a surprise. What came as a surprise is what the jurors thought of his testimony.

CHRIS HUNTINGTON, CNN FINANCIAL NEWS CORRESPONDENT: Yes. Well, let's back up and address the first notion that it didn't come as a surprise. I mean, the big banner headlines of corporate scandals sort of crossed our eyes and just overwhelmed us a couple of years ago. And now, when we finally get into the trial phase, people had sort of become perhaps taking it for granted that Bernie Ebbers and other people like would get convicted.

But you have to just realize the magnitude of this. This was one of the biggest companies in the country, the largest bankruptcy in U.S. history. Here was a CEO who had built a company out of virtually nothing. He had become one of the richest men in America. And now, he is facing, potentially, spending the rest of his life in jail.

He did take the stand in his own defense, which is a rarity in cases like this. But apparently, he really didn't do himself any good.

Several of the jurors have been speaking. One of them is the daughter of a gentleman who runs a financial news Web site. And yesterday he posted some of the impressions that his daughter had of the deliberations. And we have a quote to you here, saying that the jurors "concluded that with his" -- Ebbers' -- "personal fortune evaporating and the company he built sinking, it was inconceivable that Ebbers was not paying attention (as he claimed) to the financial accounts landing on his desk."

Ebbers' defense when he took the stand was what people have dubbed sort of the "Aw shucks" defense, or what we might know as the Sergeant Shultz defense. He claimed that he didn't understand the financial wizardry, that he wasn't paying attention to the accounting, that he really was just more of sort of a team leader and a cheerleader for the company. And people found that, of course, absolutely incredible.

COSTELLO: Yes, they did not find him credible at all. If you go to estrong.com, you'll hear more comments from juror number 10, apparently.

HUNTINGTON: You can see that.

COSTELLO: Yes. The other thing, the other CEOs that are going on trial, like Ken Lay of Enron, they've got to be looking at this and shaking.

HUNTINGTON: This is -- yes. This certainly -- the prosecution, the U.S. attorneys are building up steam here. They're getting ahead of steam. And, you know, in theory and in, you know, an ideal legal world, one case has no bearing on another. But there is a sense of momentum that these cases will resonate with jury pools, and jury pools will be aware of this. And everybody claims, you know, well, I'm not going to let these other factors weigh in on this case. But these things will come to bear.

COSTELLO: Well, you know what people claim, that the jury just won't get it. They won't understand, like, the minutia of the evidence. But in this case, the jurors certainly did understand.

HUNTINGTON: Well, and that's -- you bring up a very good point.

COSTELLO: Yes.

HUNTINGTON: The prosecutors are very wary of that, and they've been getting very, very good at sort of distilling these what can be arcane financial matters, into something that is basically a common- sense weighing of, does that make sense, or is that unfair?

COSTELLO: Yes. It will be interesting. Thank you, Chris Huntington.

HUNTINGTON: You're welcome.

COSTELLO: If a doctor told you, you have to quit smoking, would you do it? How about lose some weight? Coming up, hear what some doctors will start doing if you do not follow their orders.

And hundreds of U.S. employees get something they do not want, when DAYBREAK continues.

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COSTELLO: "Star Wars" fans, listen up. The force is coming to your cell phone. Just ahead on DAYBREAK, Chad will tell you how you can hear your favorite scene without blasting off into a galaxy far away. We're back in a minute.

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COSTELLO: Good morning once again. It's 6:26 Eastern Time.

You've heard the advice: 'Take two aspirin and call me in the morning." Well, if you blow off your doctor's advice, even advice that simple, you could be kicked out of his practice or her practice. It's called cherry-picking -- that is, keeping only the compliant patients who follow their doctor's advice. It doesn't happen often, but it may soon get more commonplace, thanks to HMOs.

Live to Jacksonville, Florida, and Dr. Charles Booras, a family physician for 22 years.

Welcome, Doctor.

DR. CHARLES BOORAS, FAMILY PHYSICIAN: Good morning.

COSTELLO: You know, some insurance companies are calling this "pay for performance." What does that concept mean for doctors?

BOORAS: I like the term "outcomes-based compensation" better than "pay for performance." But we're really trying to derive two things. It's the use of incentives to try to encourage doctors to use health care that's been scientifically validated to improve health outcomes for patients. The other component is to try to make some health system transformations that can help make us more efficient at achieving those improved outcomes.

So, the bottom line, the goal is healthier patients and more effective docs.

COSTELLO: But isn't that putting the onus on you? So, it's up to you to make sure your patients follow the advice that you give them?

BOORAS: That's the toughest part, and nobody has a good answer on how to help our patients become more adherent with the treatment guidelines.

I was part, last year, of a summit conference, a consensus conference, between Johns Hopkins and American Healthways. And we had 200 docs to get their perspective on what an effective pay-for- performance program should include. And that report was just published earlier this month and is online as well.

COSTELLO: Well...

BOORAS: And the important aspect of this -- or one of the important aspects, Carol, was to make the patients a vital part of any of these programs.

COSTELLO: Well, you know, it sounds good. I just want to make it very clear, and give maybe people an example. Let's say you have a diabetic patient, doesn't follow up on the tests he or she needs after treatment. And then you could possibly get a bad write-up from the HMO, and you'd lose referrals that way.

So, again, I ask, why are the HMOs making the doctors responsible for patient behavior? Is the HMO forcing you to make follow-up calls to the patients, that kind of thing? Like, how can you force someone to follow your advice?

BOORAS: Well, you just can't. And that's the biggest problem that we're facing right now. And I don't know why we can't have other incentives from the insurance payer standpoint to encourage the patients to become more adherent with the treatment recommendations.

The best we can do as a physician is to spend the time educating our patients, helping them to realize that the time and energy we invest now in our treatment approaches are going to pay off significantly later by helping prevent some of the major killers, like heart attack and stroke.

COSTELLO: So, Doctor, tell me, how common is it that a doctor would actually kick a patient out of his practice, because the patient wasn't being compliant?

BOORAS: I don't actually know of any cases in which that has been done. I don't do that in my practice. The only time a patient has been discharged from my practice is when our rapport, our therapeutic relationship has been broken. And that is not going to be broken by the patient being non-adherent with my treatment recommendations.

A good example is the smoking patient. I may work with that patient over years and repeatedly speak to them about the importance and the necessity of stopping smoking. They're not going to quit the first time I recommend, 'You need to quit smoking.' You can't give up on patients like that. It's going to destroy I think their ability to establish a good relationship with other doctors down the line.

COSTELLO: Yes. And then, of course, a final thought. There's always the fear that the patient will be penalized in some way by the HMO, because the patient isn't following the advice, but right now the onus is on the doctors. Dr. Booras, thank you for joining DAYBREAK this morning. We appreciate it.

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