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American Morning
Scott Peterson Facing Death Sentence in Murder of His Wife; Pilot in Middle of Congressional Investigation Tells His Story
Aired March 16, 2005 - 08:00 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.
SOLEDAD O'BRIEN, CNN ANCHOR: Scott Peterson, facing a death sentence in the murder of his wife, Laci. His attorneys try an 11th- hour strategy. We explain.
Facing 85 years in prison, the verdict for former WorldCom chief Bernie Ebbers sending out an ominous message to other embattled CEOs.
And laser beams so intense, they shine like a welder's torch. The pilot in the middle of a congressional investigation tells his story, 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. Beautiful day here in New York City.
Bill's off today. Jack's in for him. Nice to have you. Thank you very much.
JACK CAFFERTY, CNN ANCHOR: Thank you. Good morning.
O'BRIEN: Chilling new information this morning about what authorities found in Brian Nichols' jail cell that led them to take several people into protective custody. We'll talk about that ahead this morning. Also hear what Nichols' brother is saying about this case.
CAFFERTY: Also, we're going to take a close look at identity theft. It's the fastest growing crime in America, perhaps the worst thing is most people have no idea that it's happening to them. We'll talk about what you can do to protect yourself.
O'BRIEN: Miss Costello is doing the question of the day this morning. Good morning.
CAROL COSTELLO, CNN ANCHOR: I am indeed. And the question is a hot one, at least to our viewers, because they're already responding. Our question today, should Larry Summers resign as president of Harvard. E-mail us at am@CNN.com. The faculty there voted no confidence in the president for his remarks about women in science and having, well, perhaps no intrinsic ability to do both subjects. So am@CNN.com.
O'BRIEN: Fair to say lots of angry women there. And men too.
COSTELLO: Mostly angry women, though, lots of angry women.
O'BRIEN: Thank you.
Let's get right to Kelly Wallace. She's got the headlines for us this morning.
Hello. Good morning.
KELLY WALLACE, CNN ANCHOR: Good morning, Soledad. Thanks. Good morning to all of you.
Here are some of the stories now in the news. Word this morning that a Russian airliner has gone down in the northern part of that country. According to Russia's Interfax news agency, at least 49 people have died. The two-engine plane apparently crashed and caught fire while trying to land in a region off of Russia's arctic coast. More information as we get it here on CNN.
Iraq's new politicians are talking about national unity this morning. The 275-member national assembly was sworn in just hours ago. Members of the United Iraqi Alliance and Kurdish leaders telling CNN they have reached an agreement on the formation of a new government. You will recall that that coalition won more than two- thirds majority in the election six weeks ago.
In California now, Michael Jackson's lawyers set to question the key investigators who gathered evidence in that case. Jackson's defense is trying to show that the sergeant was biased against Jackson. His testimony comes after Jackson's accuser wrapped up four days on the stand. The teenager claims he told a school principal nothing happened with Jackson because other kids were teasing him.
And authorities in Citrus County, Florida are looking for a man they call a person of interest in the case of missing 9-year-old Jessica Lunsford. She was last seen in her bedroom February 23rd. Mark Lunsford, Jessica's father, spoke just a short time ago.
(BEGIN VIDEO CLIP)
MARK LUNSFORD, JESSICA LUNSFORD'S FATHER: I have confidence in my sheriff's department, and I truly believe in my heart that my daughter is coming home. I just don't know when. Sometimes it's a little hard to swallow, but I just swallow it and you keep searching, because that's what she wants me to do.
(END VIDEO CLIP)
WALLACE: Father of Jessica Lunsford speaking out there. Citrus county sheriff says he's giving investigators 48 hours to find this person of interest before releasing his name to the media. We want you to know we're expecting to hear from the missing girl's grandmother this hour.
Stay tuned for that. Back to Jack and Soledad.
Thanks a lot, Kelly. It's a day of reckoning for Scott Peterson. He is the convicted killer of his wife, Laci, and their unborn son. Today, the judge is going to rule on whether Peterson will live or die.
CNN's Ted Rowlands live in front of the courthouse in Redwood City, California this morning.
Ted, good morning.
TED ROWLANDS, CNN CORRESPONDENT: Good morning, Soledad.
Judge Alfred Delucchi has two choices here -- he can either sentence Scott Peterson to life without the possibility of parole, or death.
(BEGIN VIDEOTAPE)
ROWLANDS (voice-over): The jury has recommended death. Now it's up to the Judge Alfred Delucchi to decide what should be done with Scott Peterson.
MICHAEL CARDOZA, LEGAL ANALYST: His simple decision, 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.
ROWLANDS: Peterson's defense team is asking the judge for a new trial, in a motion made public this week, Peterson's lawyer, Mark Geragos, argues that evidence was withheld by prosecutors, legal errors were made, and juror misconduct took place. Geragos also claims there's newly discovered evidence that Laci Peterson interrupted a burglary the day she disappeared.
Geragos called this juror, No. 8, John Ginosso, a cancer, saying because of him, fellow juror Justin Falconer was kicked off the panel. Ginosso admits that he wrote a letter to the judge that helped get rid of Falconer. He also admits that if Falconer had remained on the jury, things may have ended differently for Scott Peterson.
UNIDENTIFIED MALE: I would say that if Justin Falconer stayed on the trial, it would have been a hung jury. There's no doubt about it in my mind.
ROWLANDS: If sentenced to death, Peterson will be taken to California's death row at San Quentin State Prison, located along the shoreline of the San Francisco Bay, where prosecutors say Peterson dumped his pregnant wife, Laci.
(END VIDEOTAPE)
ROWLANDS: We do expect to hear from Laci Peterson's family, specifically her mother, Sharon Rocha. The Peterson family will also have an opportunity, we understand, to address the court. Scott Peterson has the right to make a statement. We don't, however, expect to hear from him -- Soledad. O'BRIEN: Realistically, Ted, what are the chances, in fact, that the judge would reverse the jury and actually say that Scott Peterson will not get death?
ROWLANDS: Slim to none. There's really no precedent for this to happen. The judge would have to rule that there was a lack of evidence, and it is highly unlikely, according to legal experts, that he would do so.
O'BRIEN: Ted Rowlands in Redwood City for us this morning. Ted, thanks -- Jack.
CAFFERTY: Now to our CNN Security Watch, and secret government terror plans exposed, thanks to some bumbling bureaucrat in Hawaii. According to "The New York Times," the feds have been secretly looking at a number of doomsday scenarios of how terrorists may be planning to attack America. It's part of the Department of Homeland Security's efforts to make sure anti-terrorism dollars are getting to the cities that need them most.
Among the possible plots envisioned, blowing up a chlorine tank, killing more than 17, 000 people and injuring 100,000 others; spreading pneumonic plague in the airports, sports arenas or train stations; or infecting cattle with foot and mouth disease, costing hundreds of millions in losses. The feds say they have no credible intelligence that these plans actually exist, and they don't want to scare the public. The plans were supposed to be secret, but were posted on a Hawaii state government Web site.
Continuing on "Security Watch" this morning, the government's looking into a series of laser attacks on pilot; 112 of them have happened since November. Delta pilot Parry Winder described an attack to the House subcommittee on Tuesday.
(BEGIN VIDEO CLIP)
PARRY WINDER, FIRST OFFICER, DELTA AIRLINES: The intensity of the light is nearly inscribable, other than the fact I would liken it to looking at an arc welder without a safety mask. It was very intense and very short-lived.
(END VIDEO CLIP)
CAFFERTY: This happened last September while on approach to Salt Lake City Airport. A laser beam through his right window momentarily blinding him. They managed to land the plane safely.
Parry Winder joins us now from Washington D.C. this morning.
What were the long-lasting aftereffects of this? Not only did you experienced temporary blindness, but I understand there were other problems. And since you were trying to land the airplane, could have been a difficult situation.
WINDER: Yes, sir. Good morning, and thank you for having me. The most noticeable effect immediately was like a flash bulb had gone off. I noticed that I was seeing white spots in my right eye only. As I looked out the airplane, which obviously was a mistake at the time, the laser beam caught me in the right eye, and it kind of looked like a really bright flash.
CAFFERTY: What do the pilots and flight crews think is going on here? One-fourth of all laser incidents that have happened in the last 15 years have occurred since November. What do you think is going on?
WINDER: I don't know. It's certainly a spike, and it's caused us some concern. We see it as a problem, and that's why we're here in Washington, making sure that our congressmen and our leaders, our policymakers, understand the importance of this situation and can act appropriately.
CAFFERTY: What do you think they're going to wind up doing about this, if anything?
WINDER: We made recommendations from the Airline Pilots Association to Congress about steps that would be necessary. For instance, identifying that as, if it's a trend or if there are isolated cases, No. 2, making sure that we can catch the perpetrators with timely information and then prosecute them to the maximum extent of the law. This is a very serious issue, Jack.
CAFFERTY: Have they caught anybody doing this, and is there anybody doing prison time because of lasers?
WINDER: I understand there is a case in New Jersey now where they were able to apprehend someone, but I'm not sure of the details of it.
CAFFERTY: What do you guys in the cabins of these commercial airliners do to try to protect yourself, assuming the government may take a while to come one a solution to this?
WINDER: Well, that's a great question. We have in place now, at my company, and through the Airline Pilots Association, a pointed measure of response. In other words, this is relatively new territory for us. And what we've done is identified some key points along the way, to say, if you encounter laser energy, immediately advise the other crew member. Let air traffic control know immediately of the position. Turn on the autopilot or autopilots, if they're available, and certainly get immediate follow-up once you're on the ground to ensure that they understand the severity of the situation.
CAFFERTY: I don't know very much about lasers, but how does this beam behave once it enters the cockpit? Does it ricochet around inside the cockpit of the airplane, or what happens?
WINDER: It did, and that's what we actually noticed. Initially, it was just a very bright flash. And the other pilot I was flying with, made the comment, hey, what is that? And it actually was being reflected on an overhead panel just between us. And at that point is when I mentioned before that I had made the mistake and looked out. But it was very erratic, but it definitely was attempting to track the cockpit area of our aircraft.
CAFFERTY: This incident happened with you as you were approaching to land in Salt Lake City. Would it have been more troublesome if it had happened on takeoff?
WINDER: You know, that's a difficult question. I think it has to do with the intensity of the laser, the actual exposure. I was unfortunate, in this case, to get almost a direct shot into one eye. Thank the lord it wasn't both eyes, and certainly that's a great safety protection measure we have in our airplanes now, where we have two pilots. I think it would be extremely unlikely to get both pilots exposed.
CAFFERTY: Well, we're glad you came through all right, and appreciate your testimony on behalf of all of us who flew commercially.
WINDER: Thank you.
CAFFERTY: Parry Winder is the First Officer at Delta, also a member of the Airline Pilots Association. Thanks.
WINDER: Thank you, Jack.
CAFFERTY: Stay with CNN day and night for the most reliable news about your security.
(WEATHER REPORT)
CAFFERTY: There are new developments this morning in the case of 9-year-old Jessica Lunsford. Authorities say they were worried about some red flags that came up during a polygraph of the girl's grandmother. We're going to talk to the grandmother live in a couple of minutes.
O'BRIEN: Also, hostage and hero Ashley Smith says she's ready to step out of the spotlight. But the decision may just have as much to do with money, as it does with privacy.
CAFFERTY: Surprising new details this morning about Princess Diana and the car she was riding in when she died. You're watching AMERICAN MORNING.
(COMMERCIAL BREAK)
CAFFERTY: A major security overhaul is beginning at the Atlanta courthouse where a shooting spree began last Friday. There's a report in the "Atlanta Journal-Constitution" this morning that the suspect, Brian Nichols, made a list of people who could have been targets. Nichols will be charged with four murders. The court took no chances with Nichols Tuesday, as opposed to last Friday, when they took a lot of chances with him. He appeared before the judge chained and surrounded by guards this time.
Last night, his brother told him Nichols' family supports him.
(BEGIN VIDEO CLIP)
MARK NICHOLS, BROTHER OF SHOOTING SUSPECT: Look at me. I'm tired. I'm worn out. I haven't slept in three days. I haven't eaten. That's my only brother, you know, and I love him, and I want him to know that we all still love him. We're not turning against him. We're here for him. You know, it's hurting me, it really is. It's hurting me.
(END VIDEO CLIP)
CAFFERTY: The families of the people who were murdered last Friday are probably in a similar state of mind as the brother -- Soledad.
O'BRIEN: One would imagine.
Well, Bernie Ebbers could spend the rest of his life behind bars. The former Worldcom CEO was found guilty on Tuesday for his role in the largest corporate fraud in U.S. history.
Susan Lisovicz has our report.
(BEGIN VIDEOTAPE)
SUSAN LISOVICZ, CNN CORRESPONDENT (voice-over): In the end, the jury just didn't buy it, that former WorldCom CEO Bernie Ebbers didn't know what was going on at the company, and the outcome couldn't have been worse for Ebbers. He was found guilty of conspiracy, securities fraud and seven counts of making false filings with the SEC.
During the six-week long trial, Ebbers took the stand in his own defense, the strategy, to portray him as a country boy, who spent most of his life in Mississippi, unsophisticated in accounting matters. The government dubbed it the "aw, shucks" defense.
The star witness, a man who was once one of Ebbers' closest confidants: former Chief Financial Officer Scott Sullivan. While prosecutors offered no hard evidence, the prosecution argued it made no sense to believe the detail-oriented Ebbers was clueless about billions of dollars in improper accounting adjustments.
The conviction of Ebbers ranks as a huge win for the government, which had taken its time prosecuting many executives linked to some of the nation's most notorious scandals that resulted in billions of dollars in losses for investors.
JAKE ZAMANSKY, SECURITIES FRAUD ATTORNEY: I think Ken Lay is in a lot of trouble. At Enron, he's saying he didn't know anything, like Bernie Ebbers. That defense is not flying in this day and age.
LISOVICZ: Ebbers' lawyer says he is devastated but plans to appeal.
REID WEINGARTEN, EBBERS' ATTORNEY: The captain of the ship is responsible for the ship. He's not criminally responsible unless he acted with criminal intent, and I didn't think Mr. Ebbers ever acted with criminal intent and still don't today.
LISOVICZ: Ebbers faces the possibility of spending the rest of his life behind bars. He will be sentenced in June.
Susan Lisovicz, CNN, New York.
(END VIDEOTAPE)
O'BRIEN: Other former corporate executives facing court trials include Dennis Kozlowski of Tyco, and also Richard Scrushi of Healthsouth, and of course Enron's Ken Lay -- Jack.
CAFFERTY: Time is critical for a rescue in California. Thirteen-year-old Michael Grayban was stuck in Fremont's Alamade Creek on Friday, his foot caught in a dam. Overhead wires ruled out a helicopter rescue. Firefighters were trying to throw Michael a rope. It went on for an hour.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: As it went on and on, it was just about the scariest thing ever. I mean, he was screaming his head off and he said he couldn't hold on.
(END VIDEO CLIP)
CAFFERTY: Well, on the third try, the boy grabbed the rope, and he did hold on until he was pulled out of the current. Michael was not seriously hurt. His mom said that as soon as he gets better, he will be grounded.
More than a half a million Americans fall victim to identity theft every year. Most people never see it coming. But there are some things you can look for. Details are ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Well, he may have quit "American Idol," but Mario Vazquez hasn't quit television altogether. Vazquez was on Letterman last night with some reasons why he dropped out.
(BEGIN VIDEO CLIP)
MARIO VAZQUEZ, FMR. "AMERICAN IDOL" CONTESTANT: Well, for starters, I was really, really drunk.
DAVID LETTERMAN, HOST, "LATE SHOW WITH DAVID LETTERMAN": Oh, boy you hate to hear that. Number nine?
VAZQUEZ: I've got my eye on the ultimate prize: "Belgium Idol."
LETTERMAN: Number eight?
VAZQUEZ: Yes, my career's over, but I just saved a bundle on my car insurance.
LETTERMAN: Well, good for you. That's the important thing after all. Number seevn?
VAZQUEZ: After seeing Michael Jackson, maybe I don't want to be a pop star.
LETTERMAN: Yes, good idea. Number six?
VAZQUEZ: Ryan Seacrest is all hands.
LETTERMAN: Look out.
VAZQUEZ: Number five. I started liking when Ryan Seacrest was all hands.
LETTERMAN: Wait a minute! Number four.
VAZQUEZ: Screw it, I'm quitting this, too.
LETTERMAN: What? Wait a minute!
(END VIDEO CLIP)
O'BRIEN: That was kind of clever. He stopped at number four, walked off.
CAFFERTY: You know, if you have to follow Letterman, it's better when the stuff he does isn't funny. So I feel good about the...
O'BRIEN: Well, then take it away.
CAFFERTY: Wednesday. Time for "Things People Say." Beginning with this.
"I'm classified as phenomenal." That's basketball player Shaquille O'Neal, who is one of four NBA players classified as obese, during the widely used body mass index.
"I've had an unusual life. If something happens, I'd wind up ahead of where 99.99 percent of the people who ever lived did. I'm just grateful for every day when the sun comes up." Former president Bill Clinton, reflecting on the eve of his surgery to remove the scar tissue from his heart bypass surgery last year. Surgery went well. President's going to be just fine.
"I've come to believe the news is manipulated. On some higher level, someone is saying, we can't tell them this, we can't tell them that." Actor Bruce Willis, who says he avoids the daily news media and thus goes through life comparatively uninformed.
"I'm usually naked when I accept it and I'm quickly rushed off the stage." Actor and comedian Will Ferrell on his recurring fantasy of winning an Academy Award. Based on his latest movie, "Anchorman: The Legend of Ron Burgundy," it's not something he'll have to worry about anytime soon. "I get into my shiny red corvette, I drive up and down the George Washington Parkway and I try to outrace the park police." Former secretary of state Colin Powell explains what he's been doing since he left the State Department.
O'BRIEN: He is kidding, right?
CAFFERTY: Well, let's hope so.
O'BRIEN: All right, Jack, that was very good. That's pretty funny.
We want to let you know we're getting word from the White House this morning that President Bush has called a news conference for the 10:00 hour. 10:00 a.m. Eastern time hour. We're going to take that for you live when it happens. We are not sure exactly what the topic is. We'll bring that to you as well as soon as the White House makes us aware.
Also ahead this morning, the fastest growing crime in America. Also one of the very hardest to see coming. We're talking about identity theft. There are, though, some warning signs that you can look for. That's ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
CAFFERTY: Still to come, hostage-turned-heroine Ashley Smith is practically a household name now and looks like her newfound celebrity is about to pay off big-time. Stay with us on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody. Just about half past the hour on this AMERICAN MORNING. Bill Hemmer's got the day off. Jack Cafferty is filling in for him.
CAFFERTY: Bill Hemmer has another day off.
O'BRIEN: Guy gets like 40 weeks of vacation every year. So unfair. We're just kidding you, Bill.
Ahead this morning, a chilling report today about possible terror scenarios in America, everything from exploding tanks of chlorine to plague spreading throughout airport restrooms. Big question is, why now?
CAFFERTY: And how come we found out about it when it was supposed to be kept secret?
Also, Ashley Smith's sudden worldwide celebrity. She's getting book offers, movie offers. We'll look at what's in the works already to tell the rest of her story.
O'BRIEN: That's ahead this morning. First, the headlines, though. Kelly Wallace is in for us this morning. Good morning. WALLACE: Thanks, Soledad and Jack. And good morning to all of you. Here are some of the stories "Now in the News." We begin with the White House. President Bush set to hold a news conference in the 10:00 a.m. Eastern hour. That's Eastern time, again. CNN, of course, will have live coverage about that and give you more developments as we get them.
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Aired March 16, 2005 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Scott Peterson, facing a death sentence in the murder of his wife, Laci. His attorneys try an 11th- hour strategy. We explain.
Facing 85 years in prison, the verdict for former WorldCom chief Bernie Ebbers sending out an ominous message to other embattled CEOs.
And laser beams so intense, they shine like a welder's torch. The pilot in the middle of a congressional investigation tells his story, 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. Beautiful day here in New York City.
Bill's off today. Jack's in for him. Nice to have you. Thank you very much.
JACK CAFFERTY, CNN ANCHOR: Thank you. Good morning.
O'BRIEN: Chilling new information this morning about what authorities found in Brian Nichols' jail cell that led them to take several people into protective custody. We'll talk about that ahead this morning. Also hear what Nichols' brother is saying about this case.
CAFFERTY: Also, we're going to take a close look at identity theft. It's the fastest growing crime in America, perhaps the worst thing is most people have no idea that it's happening to them. We'll talk about what you can do to protect yourself.
O'BRIEN: Miss Costello is doing the question of the day this morning. Good morning.
CAROL COSTELLO, CNN ANCHOR: I am indeed. And the question is a hot one, at least to our viewers, because they're already responding. Our question today, should Larry Summers resign as president of Harvard. E-mail us at am@CNN.com. The faculty there voted no confidence in the president for his remarks about women in science and having, well, perhaps no intrinsic ability to do both subjects. So am@CNN.com.
O'BRIEN: Fair to say lots of angry women there. And men too.
COSTELLO: Mostly angry women, though, lots of angry women.
O'BRIEN: Thank you.
Let's get right to Kelly Wallace. She's got the headlines for us this morning.
Hello. Good morning.
KELLY WALLACE, CNN ANCHOR: Good morning, Soledad. Thanks. Good morning to all of you.
Here are some of the stories now in the news. Word this morning that a Russian airliner has gone down in the northern part of that country. According to Russia's Interfax news agency, at least 49 people have died. The two-engine plane apparently crashed and caught fire while trying to land in a region off of Russia's arctic coast. More information as we get it here on CNN.
Iraq's new politicians are talking about national unity this morning. The 275-member national assembly was sworn in just hours ago. Members of the United Iraqi Alliance and Kurdish leaders telling CNN they have reached an agreement on the formation of a new government. You will recall that that coalition won more than two- thirds majority in the election six weeks ago.
In California now, Michael Jackson's lawyers set to question the key investigators who gathered evidence in that case. Jackson's defense is trying to show that the sergeant was biased against Jackson. His testimony comes after Jackson's accuser wrapped up four days on the stand. The teenager claims he told a school principal nothing happened with Jackson because other kids were teasing him.
And authorities in Citrus County, Florida are looking for a man they call a person of interest in the case of missing 9-year-old Jessica Lunsford. She was last seen in her bedroom February 23rd. Mark Lunsford, Jessica's father, spoke just a short time ago.
(BEGIN VIDEO CLIP)
MARK LUNSFORD, JESSICA LUNSFORD'S FATHER: I have confidence in my sheriff's department, and I truly believe in my heart that my daughter is coming home. I just don't know when. Sometimes it's a little hard to swallow, but I just swallow it and you keep searching, because that's what she wants me to do.
(END VIDEO CLIP)
WALLACE: Father of Jessica Lunsford speaking out there. Citrus county sheriff says he's giving investigators 48 hours to find this person of interest before releasing his name to the media. We want you to know we're expecting to hear from the missing girl's grandmother this hour.
Stay tuned for that. Back to Jack and Soledad.
Thanks a lot, Kelly. It's a day of reckoning for Scott Peterson. He is the convicted killer of his wife, Laci, and their unborn son. Today, the judge is going to rule on whether Peterson will live or die.
CNN's Ted Rowlands live in front of the courthouse in Redwood City, California this morning.
Ted, good morning.
TED ROWLANDS, CNN CORRESPONDENT: Good morning, Soledad.
Judge Alfred Delucchi has two choices here -- he can either sentence Scott Peterson to life without the possibility of parole, or death.
(BEGIN VIDEOTAPE)
ROWLANDS (voice-over): The jury has recommended death. Now it's up to the Judge Alfred Delucchi to decide what should be done with Scott Peterson.
MICHAEL CARDOZA, LEGAL ANALYST: His simple decision, 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.
ROWLANDS: Peterson's defense team is asking the judge for a new trial, in a motion made public this week, Peterson's lawyer, Mark Geragos, argues that evidence was withheld by prosecutors, legal errors were made, and juror misconduct took place. Geragos also claims there's newly discovered evidence that Laci Peterson interrupted a burglary the day she disappeared.
Geragos called this juror, No. 8, John Ginosso, a cancer, saying because of him, fellow juror Justin Falconer was kicked off the panel. Ginosso admits that he wrote a letter to the judge that helped get rid of Falconer. He also admits that if Falconer had remained on the jury, things may have ended differently for Scott Peterson.
UNIDENTIFIED MALE: I would say that if Justin Falconer stayed on the trial, it would have been a hung jury. There's no doubt about it in my mind.
ROWLANDS: If sentenced to death, Peterson will be taken to California's death row at San Quentin State Prison, located along the shoreline of the San Francisco Bay, where prosecutors say Peterson dumped his pregnant wife, Laci.
(END VIDEOTAPE)
ROWLANDS: We do expect to hear from Laci Peterson's family, specifically her mother, Sharon Rocha. The Peterson family will also have an opportunity, we understand, to address the court. Scott Peterson has the right to make a statement. We don't, however, expect to hear from him -- Soledad. O'BRIEN: Realistically, Ted, what are the chances, in fact, that the judge would reverse the jury and actually say that Scott Peterson will not get death?
ROWLANDS: Slim to none. There's really no precedent for this to happen. The judge would have to rule that there was a lack of evidence, and it is highly unlikely, according to legal experts, that he would do so.
O'BRIEN: Ted Rowlands in Redwood City for us this morning. Ted, thanks -- Jack.
CAFFERTY: Now to our CNN Security Watch, and secret government terror plans exposed, thanks to some bumbling bureaucrat in Hawaii. According to "The New York Times," the feds have been secretly looking at a number of doomsday scenarios of how terrorists may be planning to attack America. It's part of the Department of Homeland Security's efforts to make sure anti-terrorism dollars are getting to the cities that need them most.
Among the possible plots envisioned, blowing up a chlorine tank, killing more than 17, 000 people and injuring 100,000 others; spreading pneumonic plague in the airports, sports arenas or train stations; or infecting cattle with foot and mouth disease, costing hundreds of millions in losses. The feds say they have no credible intelligence that these plans actually exist, and they don't want to scare the public. The plans were supposed to be secret, but were posted on a Hawaii state government Web site.
Continuing on "Security Watch" this morning, the government's looking into a series of laser attacks on pilot; 112 of them have happened since November. Delta pilot Parry Winder described an attack to the House subcommittee on Tuesday.
(BEGIN VIDEO CLIP)
PARRY WINDER, FIRST OFFICER, DELTA AIRLINES: The intensity of the light is nearly inscribable, other than the fact I would liken it to looking at an arc welder without a safety mask. It was very intense and very short-lived.
(END VIDEO CLIP)
CAFFERTY: This happened last September while on approach to Salt Lake City Airport. A laser beam through his right window momentarily blinding him. They managed to land the plane safely.
Parry Winder joins us now from Washington D.C. this morning.
What were the long-lasting aftereffects of this? Not only did you experienced temporary blindness, but I understand there were other problems. And since you were trying to land the airplane, could have been a difficult situation.
WINDER: Yes, sir. Good morning, and thank you for having me. The most noticeable effect immediately was like a flash bulb had gone off. I noticed that I was seeing white spots in my right eye only. As I looked out the airplane, which obviously was a mistake at the time, the laser beam caught me in the right eye, and it kind of looked like a really bright flash.
CAFFERTY: What do the pilots and flight crews think is going on here? One-fourth of all laser incidents that have happened in the last 15 years have occurred since November. What do you think is going on?
WINDER: I don't know. It's certainly a spike, and it's caused us some concern. We see it as a problem, and that's why we're here in Washington, making sure that our congressmen and our leaders, our policymakers, understand the importance of this situation and can act appropriately.
CAFFERTY: What do you think they're going to wind up doing about this, if anything?
WINDER: We made recommendations from the Airline Pilots Association to Congress about steps that would be necessary. For instance, identifying that as, if it's a trend or if there are isolated cases, No. 2, making sure that we can catch the perpetrators with timely information and then prosecute them to the maximum extent of the law. This is a very serious issue, Jack.
CAFFERTY: Have they caught anybody doing this, and is there anybody doing prison time because of lasers?
WINDER: I understand there is a case in New Jersey now where they were able to apprehend someone, but I'm not sure of the details of it.
CAFFERTY: What do you guys in the cabins of these commercial airliners do to try to protect yourself, assuming the government may take a while to come one a solution to this?
WINDER: Well, that's a great question. We have in place now, at my company, and through the Airline Pilots Association, a pointed measure of response. In other words, this is relatively new territory for us. And what we've done is identified some key points along the way, to say, if you encounter laser energy, immediately advise the other crew member. Let air traffic control know immediately of the position. Turn on the autopilot or autopilots, if they're available, and certainly get immediate follow-up once you're on the ground to ensure that they understand the severity of the situation.
CAFFERTY: I don't know very much about lasers, but how does this beam behave once it enters the cockpit? Does it ricochet around inside the cockpit of the airplane, or what happens?
WINDER: It did, and that's what we actually noticed. Initially, it was just a very bright flash. And the other pilot I was flying with, made the comment, hey, what is that? And it actually was being reflected on an overhead panel just between us. And at that point is when I mentioned before that I had made the mistake and looked out. But it was very erratic, but it definitely was attempting to track the cockpit area of our aircraft.
CAFFERTY: This incident happened with you as you were approaching to land in Salt Lake City. Would it have been more troublesome if it had happened on takeoff?
WINDER: You know, that's a difficult question. I think it has to do with the intensity of the laser, the actual exposure. I was unfortunate, in this case, to get almost a direct shot into one eye. Thank the lord it wasn't both eyes, and certainly that's a great safety protection measure we have in our airplanes now, where we have two pilots. I think it would be extremely unlikely to get both pilots exposed.
CAFFERTY: Well, we're glad you came through all right, and appreciate your testimony on behalf of all of us who flew commercially.
WINDER: Thank you.
CAFFERTY: Parry Winder is the First Officer at Delta, also a member of the Airline Pilots Association. Thanks.
WINDER: Thank you, Jack.
CAFFERTY: Stay with CNN day and night for the most reliable news about your security.
(WEATHER REPORT)
CAFFERTY: There are new developments this morning in the case of 9-year-old Jessica Lunsford. Authorities say they were worried about some red flags that came up during a polygraph of the girl's grandmother. We're going to talk to the grandmother live in a couple of minutes.
O'BRIEN: Also, hostage and hero Ashley Smith says she's ready to step out of the spotlight. But the decision may just have as much to do with money, as it does with privacy.
CAFFERTY: Surprising new details this morning about Princess Diana and the car she was riding in when she died. You're watching AMERICAN MORNING.
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CAFFERTY: A major security overhaul is beginning at the Atlanta courthouse where a shooting spree began last Friday. There's a report in the "Atlanta Journal-Constitution" this morning that the suspect, Brian Nichols, made a list of people who could have been targets. Nichols will be charged with four murders. The court took no chances with Nichols Tuesday, as opposed to last Friday, when they took a lot of chances with him. He appeared before the judge chained and surrounded by guards this time.
Last night, his brother told him Nichols' family supports him.
(BEGIN VIDEO CLIP)
MARK NICHOLS, BROTHER OF SHOOTING SUSPECT: Look at me. I'm tired. I'm worn out. I haven't slept in three days. I haven't eaten. That's my only brother, you know, and I love him, and I want him to know that we all still love him. We're not turning against him. We're here for him. You know, it's hurting me, it really is. It's hurting me.
(END VIDEO CLIP)
CAFFERTY: The families of the people who were murdered last Friday are probably in a similar state of mind as the brother -- Soledad.
O'BRIEN: One would imagine.
Well, Bernie Ebbers could spend the rest of his life behind bars. The former Worldcom CEO was found guilty on Tuesday for his role in the largest corporate fraud in U.S. history.
Susan Lisovicz has our report.
(BEGIN VIDEOTAPE)
SUSAN LISOVICZ, CNN CORRESPONDENT (voice-over): In the end, the jury just didn't buy it, that former WorldCom CEO Bernie Ebbers didn't know what was going on at the company, and the outcome couldn't have been worse for Ebbers. He was found guilty of conspiracy, securities fraud and seven counts of making false filings with the SEC.
During the six-week long trial, Ebbers took the stand in his own defense, the strategy, to portray him as a country boy, who spent most of his life in Mississippi, unsophisticated in accounting matters. The government dubbed it the "aw, shucks" defense.
The star witness, a man who was once one of Ebbers' closest confidants: former Chief Financial Officer Scott Sullivan. While prosecutors offered no hard evidence, the prosecution argued it made no sense to believe the detail-oriented Ebbers was clueless about billions of dollars in improper accounting adjustments.
The conviction of Ebbers ranks as a huge win for the government, which had taken its time prosecuting many executives linked to some of the nation's most notorious scandals that resulted in billions of dollars in losses for investors.
JAKE ZAMANSKY, SECURITIES FRAUD ATTORNEY: I think Ken Lay is in a lot of trouble. At Enron, he's saying he didn't know anything, like Bernie Ebbers. That defense is not flying in this day and age.
LISOVICZ: Ebbers' lawyer says he is devastated but plans to appeal.
REID WEINGARTEN, EBBERS' ATTORNEY: The captain of the ship is responsible for the ship. He's not criminally responsible unless he acted with criminal intent, and I didn't think Mr. Ebbers ever acted with criminal intent and still don't today.
LISOVICZ: Ebbers faces the possibility of spending the rest of his life behind bars. He will be sentenced in June.
Susan Lisovicz, CNN, New York.
(END VIDEOTAPE)
O'BRIEN: Other former corporate executives facing court trials include Dennis Kozlowski of Tyco, and also Richard Scrushi of Healthsouth, and of course Enron's Ken Lay -- Jack.
CAFFERTY: Time is critical for a rescue in California. Thirteen-year-old Michael Grayban was stuck in Fremont's Alamade Creek on Friday, his foot caught in a dam. Overhead wires ruled out a helicopter rescue. Firefighters were trying to throw Michael a rope. It went on for an hour.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: As it went on and on, it was just about the scariest thing ever. I mean, he was screaming his head off and he said he couldn't hold on.
(END VIDEO CLIP)
CAFFERTY: Well, on the third try, the boy grabbed the rope, and he did hold on until he was pulled out of the current. Michael was not seriously hurt. His mom said that as soon as he gets better, he will be grounded.
More than a half a million Americans fall victim to identity theft every year. Most people never see it coming. But there are some things you can look for. Details are ahead on AMERICAN MORNING.
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O'BRIEN: Well, he may have quit "American Idol," but Mario Vazquez hasn't quit television altogether. Vazquez was on Letterman last night with some reasons why he dropped out.
(BEGIN VIDEO CLIP)
MARIO VAZQUEZ, FMR. "AMERICAN IDOL" CONTESTANT: Well, for starters, I was really, really drunk.
DAVID LETTERMAN, HOST, "LATE SHOW WITH DAVID LETTERMAN": Oh, boy you hate to hear that. Number nine?
VAZQUEZ: I've got my eye on the ultimate prize: "Belgium Idol."
LETTERMAN: Number eight?
VAZQUEZ: Yes, my career's over, but I just saved a bundle on my car insurance.
LETTERMAN: Well, good for you. That's the important thing after all. Number seevn?
VAZQUEZ: After seeing Michael Jackson, maybe I don't want to be a pop star.
LETTERMAN: Yes, good idea. Number six?
VAZQUEZ: Ryan Seacrest is all hands.
LETTERMAN: Look out.
VAZQUEZ: Number five. I started liking when Ryan Seacrest was all hands.
LETTERMAN: Wait a minute! Number four.
VAZQUEZ: Screw it, I'm quitting this, too.
LETTERMAN: What? Wait a minute!
(END VIDEO CLIP)
O'BRIEN: That was kind of clever. He stopped at number four, walked off.
CAFFERTY: You know, if you have to follow Letterman, it's better when the stuff he does isn't funny. So I feel good about the...
O'BRIEN: Well, then take it away.
CAFFERTY: Wednesday. Time for "Things People Say." Beginning with this.
"I'm classified as phenomenal." That's basketball player Shaquille O'Neal, who is one of four NBA players classified as obese, during the widely used body mass index.
"I've had an unusual life. If something happens, I'd wind up ahead of where 99.99 percent of the people who ever lived did. I'm just grateful for every day when the sun comes up." Former president Bill Clinton, reflecting on the eve of his surgery to remove the scar tissue from his heart bypass surgery last year. Surgery went well. President's going to be just fine.
"I've come to believe the news is manipulated. On some higher level, someone is saying, we can't tell them this, we can't tell them that." Actor Bruce Willis, who says he avoids the daily news media and thus goes through life comparatively uninformed.
"I'm usually naked when I accept it and I'm quickly rushed off the stage." Actor and comedian Will Ferrell on his recurring fantasy of winning an Academy Award. Based on his latest movie, "Anchorman: The Legend of Ron Burgundy," it's not something he'll have to worry about anytime soon. "I get into my shiny red corvette, I drive up and down the George Washington Parkway and I try to outrace the park police." Former secretary of state Colin Powell explains what he's been doing since he left the State Department.
O'BRIEN: He is kidding, right?
CAFFERTY: Well, let's hope so.
O'BRIEN: All right, Jack, that was very good. That's pretty funny.
We want to let you know we're getting word from the White House this morning that President Bush has called a news conference for the 10:00 hour. 10:00 a.m. Eastern time hour. We're going to take that for you live when it happens. We are not sure exactly what the topic is. We'll bring that to you as well as soon as the White House makes us aware.
Also ahead this morning, the fastest growing crime in America. Also one of the very hardest to see coming. We're talking about identity theft. There are, though, some warning signs that you can look for. That's ahead on AMERICAN MORNING.
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CAFFERTY: Still to come, hostage-turned-heroine Ashley Smith is practically a household name now and looks like her newfound celebrity is about to pay off big-time. Stay with us on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody. Just about half past the hour on this AMERICAN MORNING. Bill Hemmer's got the day off. Jack Cafferty is filling in for him.
CAFFERTY: Bill Hemmer has another day off.
O'BRIEN: Guy gets like 40 weeks of vacation every year. So unfair. We're just kidding you, Bill.
Ahead this morning, a chilling report today about possible terror scenarios in America, everything from exploding tanks of chlorine to plague spreading throughout airport restrooms. Big question is, why now?
CAFFERTY: And how come we found out about it when it was supposed to be kept secret?
Also, Ashley Smith's sudden worldwide celebrity. She's getting book offers, movie offers. We'll look at what's in the works already to tell the rest of her story.
O'BRIEN: That's ahead this morning. First, the headlines, though. Kelly Wallace is in for us this morning. Good morning. WALLACE: Thanks, Soledad and Jack. And good morning to all of you. Here are some of the stories "Now in the News." We begin with the White House. President Bush set to hold a news conference in the 10:00 a.m. Eastern hour. That's Eastern time, again. CNN, of course, will have live coverage about that and give you more developments as we get them.
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