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American Morning
9/11 Flag Controversy; Lawyer Cutler Takes New Mafia Case
Aired March 16, 2005 - 09:30 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.
JACK CAFFERTY, CNN ANCHOR: Over at the Nasdaq market site, the composite index opens at 2,034, a loss of 16 in Tuesday's trading.
SOLEDAD O'BRIEN: It is exactly half past the hour on this AMERICAN MORNING. Bill Hemmer's got the day off. He's on a little vacation, but Jack Cafferty's helping us out. So thank you very much.
CAFFERTY: Thank you.
O'BRIEN: Coming up this morning, one of the former New York City cops who's charged with being a hitman for the mafia says he's innocent. So to prove it, he has hired the lawyer for mob boss John Gotti. Bruce Cutler, right there, he's our guest. He's coming up to explain.
CAFFERTY: Also, Dr. Sanjay Gupta with a "House Call" that everyone can use. The secrets to good sleep, anywhere, any place, except during this program.
O'BRIEN: We want you wide awake for that. Let's get a look at the headlines this morning. Kelly Wallace back with us. Good morning.
KELLY WALLACE, CNN ANCHOR: Thanks, Soledad and Jack. Good morning again to you, everyone. Here are some of the other stories "Now in the News."
As we have been telling you throughout the morning, President Bush, set to hold a news conference within the hour. The president expected to discuss his domestic agenda and recent developments in the Middle East. That news conference set for 10:15 a.m. Eastern time. CNN, of course, will bring you that live when it happens.
A CNN "Security Watch" for you now. The future of Homeland Security. The new department head, Michael Chertoff, set to speak any moment now. You're looking the at live pictures where he will speak, George Washington University in Washington, D.C. It is his first major address since taking office. He is expected to talk about his plans for the agency, including efforts to make sure anti-terrorism dollars are getting to the cities that need them most.
There is now word of survivors after a Russian plane went down in the northern part of that country. Earlier we told you about the crash. Russia's Interfax News Agency now saying 29 of the people on board have died. Earlier, we had heard all on board were killed. The two-engine plane apparently crashed and caught fire while trying to land in a region off of Russia's arctic coast. Scott Peterson could soon be on death row. In a little over two hours from now, a California judge will formerly sentence Peterson for the murders of his wife Laci and their unborn son Conner. Last November a jury recommended he be put to death. The judge can reduce sentence to life in prison without parole, although he is not expected to do that.
And a top Catholic cardinal is urging a boycott against Dan Brown's bestseller, "The Da Vinci Code." The cardinal calls it a quote, "gross and absurd distortion of history." He's calling on Catholic bookstores to take the novel, full of quote, "cheap lies," off their shelves. No word on what the cardinal will think of the film vision. It will hit the big screens next year. And I would say the controversy is only going to make that book even more of a bestseller.
O'BRIEN: And hello, it's been out for quite a while.
WALLACE: I know.
O'BRIEN: Just now they're calling for the boycott?
WALLACE: Exactly.
O'BRIEN: You have to go rip it out of people's bookshelves to do that.
WALLACE: That's right. Good point.
O'BRIEN: All right, Kelly, thanks.
CAFFERTY: Thanks, Kelly.
O'BRIEN: Well, a dispute about the authenticity of a flag is stirring some raw emotions from the 9/11 attacks. Barbara Starr at the Pentagon for us this morning. Hey, Barbara, good morning.
BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning to you, Soledad. It is a story that received national media attention, but now growing questions about with any of it is true.
(BEGIN VIDEOTAPE)
STARR (voice-over): David Nicholson has kidney cancer. To pay his bill and provide for his family, he is trying to sell this flag that was set to have flown from a crane at the Pentagon during the September 11th terrorist attacks. Now, the winning $37,000 bid on eBay has been withdrawn after questions about whether the flag was ever at the Pentagon.
UNIDENTIFIED MALE: It was there or wasn't. And I would like to know the truth.
STARR Nicholson says he got flag in a box of construction material in 2002 from a man named Pete Elliott (ph), an employee at Facchina Construction Company. On Facchina Company letterhead, Elliott wrote a letter of authenticity that says in part "this flag was flying on our crane at the Pentagon on 9/11/01."
Facchina says it isn't true. In a letter to eBay, the company attorney says Facchina did not have a crane on site at the Pentagon on September 11, 2001. The company says Elliott is being reprimanded for his unauthorized letter. CNN has been unable to reach Elliott for comment. Family members of those killed at the Pentagon are outraged that anything related to the attacks is being sold, legitimate or not.
Craig Sincock lost his wife Cheryle at the Pentagon and is furious her name is on Nicholson's display.
CRAIG SINCOCK, WIDOWER OF 9/11 VICTIM: There's something wrong about that, to use my wife's name in order to gain money.
STARR: Nicholson says family should understand.
DAVID NICHOLSON, FLAG SELLER: Well, I say that until they're in my shoes, they can't -- they don't know how I feel.
STARR: Sincock disagrees.
SINCOCK: So many of us are just now starting to crawl out from underneath that grief and every time something like this hits, we take another step backward.
(END VIDEOTAPE)
STARR: Now, Soledad, of course, those pictures we showed you in the piece were cranes at the Pentagon after the reconstruction got underway. This morning, Mr. Nicholson has put the flag back on sale on eBay. We checked a few minutes ago. So far today, there are no bidders and here, the 9/11 families remain very upset about the entire matter -- Soledad.
O'BRIEN: I can certainly understand their perspective. Barbara Starr at the Pentagon for us this morning. Barbara, thank you -- Jack.
CAFFERTY: All right, thanks, Soledad. Accused mafia cop Louis Eppolito denies that he doubled as a hitman while working as a decorated detective for the New York City Police Department. He's hired himself a very famous lawyer, Bruce Cutler, to try to clear his name.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We find him not guilty.
(END VIDEO CLIP)
CAFFERTY: Cutler was the longtime attorney for legendary organized crime boss John Gotti. He helped the dapper don beat government charges three times and that earned Gotti the nickname "Teflon Don." Gotti eventually, though, was convicted of murder and racketeering and he died in prison ten years into a life sentence. Bruce Cutler, meanwhile, represented Louis Eppolito in 1994, when corruption allegations against the retired detective and his partner first surfaced.
And Bruce Cutler, once wants the dapper don's legal eagle, joins us now to talk about the mafia cop case. Counselor, it's nice to see you. It's been a while since we've talked.
BRUCE CUTLER, ATTORNEY FOR LOUIS EPPOLITO: It's good to see you, Jack. Thanks for having me on the show.
CAFFERTY: What makes you take this case? If the charges against him are true, it's a disgrace of the highest form of a police badge.
CUTLER: Jack, I know Lou a long time. In fact, when I was an assistant D.A. in the 1970s in Brooklyn, I knew Lou. And I have a very strong feeling about him and about case because I lived through it in 1994.
CAFFERTY: And what happened in that case? This was a...
CUTLER: 1994, the government came up with a reprobate by the name of Casso, with the nickname Gaspipe, who made these wild allegations. The government repudiated them. I was working with Lou at the time to make sure he was all right. So they put aside all these allegations of misconduct and murder.
Then all of a sudden, recently, while I was in California on the Phil Specter (ph) case, his wife and daughter called me up. He was indicted and charged in this most, serious case here in the eastern district of New York. And I said to people, this is not the Lou Eppolito I know. This is not the Lou Eppolito I worked with. This is not the Lou Eppolito that was a decorated policeman and devoted family man.
So I have rejected and fought against this mafia hitman term. And I said, they weren't hitmen, they were policemen. And these murders that they're charged with happened many, many years ago and...
CAFFERTY; Does government just...
CUTLER: ... as a matter of fact, what I think, Jack, happened, they had a psychopathic liar named Casso, who first mentioned this. Now they have another fellow -- I was told -- who is serving a life sentence for heroin who wants to get out of jail. So what the government does, they embrace these people and they gave them be absolution and freedom and if they point the finger at certain other people and make cases for the government, they get out.
CAFFERTY: All right. Let me interrupt...
CUTLER: Jack, my big thing with the case is there going to be any corroboration.
CAFFERTY: All right, that's -- but the point is, the government's not going to single out two decorated detectives out of nowhere and based on the word of some guy who's doing a long stretch for heroin, say, let's go and disgrace these two men. They've got to have something to hang this on. CUTLER: Jack, they do it all the time.
CAFFERTY: All right. Let me ask you this, because we're going to run out of time. You are a very famous guy. Your client is accused of being a hitman for the mob.
CUTLER: Yes.
CAFFERTY: What's the jury going to think when you walk into the courtroom and they say, hey, there's John Gotti's lawyer? I mean, they're going to make a connection there.
CUTLER: Yes, I've represented so many people over the years, but certainly, closely associated with John, who's so noteworthy. But I think they'll feel and understand that Lou is taking the case seriously and wants the best man for the job. That's me.
CAFFERTY: But does that help him in the courtroom, having a guy who has an association in the past with organized crime, as his attorney?
CUTLER: Fighting federal cases, that's the best thing in the world to have on your resume. That's what I have.
CAFFERTY: All right. I appreciate you coming by. It's nice to see you again.
CUTLER: Good to see you, Jack. Happy St. Patrick's Day to you and yours and everybody, tomorrow.
CAFFERTY: All right, yes, tomorrow.
CUTLER: See you.
CAFFERTY: Bruce Cutler. All right, thanks.
CUTLER: Nice seeing you.
CAFFERTY: Soledad?
(WEATHER REPORT)
O'BRIEN: Need better sleep on business trips? Many a road warrior has been left tossing and turning. We're Paging Dr. Gupta to help travelers get their z's, no matter where they roam.
Good morning. Nice to see you.
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Good morning.
A lot of people need to get their sleep wherever they can.
Listen, even an hour and a half of less sleep can reduce your acuity and your sharpness by about a third the next day. So how do you get sleep anywhere, even on a plane for example. Two things to keep in mind, remember these two words -- light and temperature. You need to control these thing to get best sleep you possibly can. Even a small amount of light can affect your sleeping. So for example, if you're on a plane, here's a good tip. The best seat to get the best sleep are near the front of plane, where it's quiet, and a window seat. Why a window? Because then you can control the amount of light coming in. That's going to be your best bet.
Also there are some things you can if you're on the plane. You know, bring an eye mask along, something like this, to try and get yourself even more darkness. That light really makes a big difference.
Also if you're staying in a hotel, what happens sometimes you wake up in the middle of the night, and you need to go find something, you turn on the lights. Big light, it's going to ruin your sleep. Bring along a little -- this is a nice little night lamp, basketball. You can bring that along, just enough light so that you can see your way around.
As for temperature, 68 to 72 degrees. They find that's the optimal temperature to try to get the best sleep. When you're in that hotel room again, try and do that. Your feet and hands obviously get colder faster, so do more to keep those warm.
O'BRIEN: If you don't get a good night's sleep, can you make up for it completely by just catching a good nap in the middle of they day?
GUPTA: Yes, you know, sleep is cumulative, so you can actually catch up on sleep. A lot of people ask about this. You can do it. There are some people who napping is not going to work for. For example, those with insomnia, or those with depression as well. They may have more deep-rooted causes as to why they're the not sleeping at night. So you should get those checked out before you just start napping.
Also, try not to nap too close to your bedtime. Within about 90 minutes of bedtime, you're probably going to mess up your actual sleep cycle at night, and it's really trying to get some good sleep as well. You know, they have this lavender, lavender actually is really a good sort of sleep aid. Spray that on your linen and it helps people sleep as well.
O'BRIEN: Really? Wow, I like that...
GUPTA: You can have that.
O'BRIEN: And I'm going to take it. And it smells good, too.
GUPTA: Get some good rest tonight, Soledad.
O'BRIEN: All right, I really need this, Sanjay. Thanks a lot.
CAFFERTY: Lavender.
Bernie Ebbers, guilty in the biggest case of corporate fraud in U.S. history. Andy tells us why that could spell big trouble for other disgraced CEOs. Are you listening, Ken Lay?
Plus, the new "Incredibles" DVD. Are there enough extras to make the disc itself incredible? "90-Second Pop," next on AMERICAN MORNING.
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
O'BRIEN: Good morning. Welcome back. It's time for another edition of "90-Second Pop." The gang's all here this morning. Andy Borowitz of borowitzreport.com. He's also a student of Strassberg. We explain just ahead. Did you like the way I said that? Jessica Shaw from "Entertainment Weekly." And Toure, CNN's pop culture correspondent.
Good morning, good morning, good morning. Let's get right to it.
Woody Allen has got a new movie out. And you, Andy Borowitz -- I am not making this up -- you are the star of the movie.
ANDY BOROWITZ, BOROWITZREPORT.COM: Well, I think my role may be a little bit exaggerated. I'm actually in the film for about 90 seconds, kind of like my day job actually. I think...
O'BRIEN: They ripped us off.
BOROWITZ: Well, no, I think...
O'BRIEN: Let's talk about the film. It's called "Melinda and Melinda."
BOROWITZ: "Melinda and Melinda."
O'BRIEN: What's it about?
BOROWITZ: And it's about Radha Mitchell plays the character, and we see her life as a drama and as a comedy, and some really great people are in it -- Amanda Peet, Will Ferrell and Andy Borowitz.
O'BRIEN: So they kind of have this side-by-side comedy and also a drama in how this person's life would be.
BOROWITZ: Right. It's told as if a dramatic playwright were telling her story and a comedic playwright played by Wallace Shawn. And it's a debate over whether her story is really a comedy or a drama. It's really an interesting film.
O'BRIEN: Roll the tape again, because let's get back to the part where you're starring in it.
BOROWITZ: Right.
O'BRIEN: I want to show that for you. Keep your eyes on the right in that really unattractive sweater.
BOROWITZ: Right.
TOURE, CNN POP CULTURE CORRESPONDENT: Yes.
O'BRIEN: I'm sorry to say.
BOROWITZ: This is a pivotal scene. In a way, I'm sort of carrying the whole film.
JESSICA SHAW, "ENTERTAINMENT WEEKLY": I saw the trailer. The trailer does star Andy Borowitz. You have to admit that.
BOROWITZ: It's all about me. It's all about me.
SHAW: So can I have your autograph?
O'BRIEN: I know. Here, me, too!
BOROWITZ: Very, very funny.
O'BRIEN: Will you sign that for me? OK, let's talk about the new DVD that's out, "The Incredibles."
TOURE: Yea!
O'BRIEN: I loved, loved, loved the movie. How is the DVD?
SHAW: The movie is great. The DVD, I thought, was really good. It has a lot of cool extras. There's 35 minutes of deleted scenes, which are cool. There's a commentary from the real Mr. Incredible, which is really cute.
BOROWITZ: Right.
SHAW: And there's this great short film, "Jack-Jack Attack," which we're showing now. And I thought it was -- I mean, this DVD is going to break all of the records. It's going to break "Shrek 2."
O'BRIEN: It's expensive.
SHAW: It's $29.99, but if you, you know, go to Amazon or whatever, you can get it for 10 bucks less.
TOURE: Well, the cool thing about the "Jack-Jack Attack's" little short is that the movie doesn't let you know what his secret power is. And this takes the story of Jack-Jack a little deeper.
SHAW: Right.
TOURE: It was very, very cool.
BOROWITZ: I looked at the DVD. I looked at all of the special features. And then when I realized I was not in the film I lost interest.
O'BRIEN: Oh, I see. Is your head growing from being the star of this movie? BOROWITZ: A little bit.
O'BRIEN: I thought so.
BOROWITZ: Actors, actors, you know.
O'BRIEN: OK. Lil' Kim, we've seen her going in and out and in and out of court.
TOURE: Yes.
O'BRIEN: What's her trial over?
SHAW: And clothing.
TOURE: She's on trial for lying to a grand jury about a shooting that happened outside everybody's favorite radio station, Hot 97.
O'BRIEN: So perjury essentially is the charge?
TOURE: Yes. And you know, really, seriously, she's a good kid, but it looks like she's going to lose this one. She really is, but she's probably going to lose this one. I mean, it's tough. Hip-hop is so about not snitching, and three of her friends had snitched on her while she purposely did not snitch on others.
O'BRIEN: Well, kind of the point of a whole grand jury is all about snitching, right? Or am I reading the legal system wrong?
BOROWITZ: If you're trying to establish you're telling the truth, why would you claim your name is Lil' Kim? It's just doesn't seem...
O'BRIEN: It starts off badly, doesn't it?
BOROWITZ: It starts badly.
O'BRIEN: Can we show...
SHAW: She should be sent to jail for some of the outfits she's worn to the MTV awards.
BOROWITZ: Oh, no, we love those. We love those.
O'BRIEN: Can we show some of the outfits, though, that she is wearing into the courtroom? OK. This is before on the left. She's got a little bit of the get-a-fabulous-going on, you know, the blond, blond hair, the lots of cleavage. This is almost unrecognizable in court. She looks like...
SHAW: She's very demure.
O'BRIEN: Demure. Here again, bad girl on the left with the big hair.
SHAW: Oh, the makeover. O'BRIEN: On the right, she looks like she is -- you know, just left the convent for a little break and is going to visit her family.
BOROWITZ: I would acquit the one on the left.
SHAW: She's going to come back as fashion editor for "Ladies Home Journal" or something after all of this.
TOURE: I don't think this is going to be, like, one of those good trips to prison, like Martha Stewart, we talk about, you know, career helper. It's not going to be like that for her. This is going to be really difficult.
O'BRIEN: Oh, Lil' Kim. Well, you know...
SHAW: Words of advice, Andy?
TOURE: No, it's sad though.
BOROWITZ: It's all material. It's all material for your next role. That's the way I look at it.
O'BRIEN: And that will be our final word this morning.
BOROWITZ: Use it. We use everything.
O'BRIEN: Use your -- is that how it was for you?
BOROWITZ: Absolutely.
O'BRIEN: I understand. You guys, as always -- I know, he's getting out of control, isn't he?
TOURE: A little bit.
O'BRIEN: Thank you very much. Let's go back to Jack.
(END VIDEOTAPE)
Other embattled CEOs could end up paying the price after Bernie Ebbers' conviction. Andy tells us why in "Minding Your Business." That's next on AMERICAN MORNING.
(COMMERCIAL BREAK)
CAFFERTY: Question, what does former WorldCom chief Bernie Ebbers' conviction mean for other CEOs on trial? Well, it ain't good.
Here with that and a check of the markets, Andy Serwer's "Minding Your Business."
ANDY SERWER, "FORTUNE" MAGAZINE: It ain't good at all. And obviously a lot of people were watching that verdict very closely yesterday, Jack.
Let's talk about the markets first of all, because stocks are slipping away again here. A raft of economic data coming across the transome (ph). I'm not going to get into it, because your eyes will glaze over. But trust me, on balance, it's negative, and that's why the markets are responding thusly. One thing that is happening that we'll tell you about is GM saying they've got a big quarterly loss. That stock is down 11 percent to below $30, just where it traded in 1964.
CAFFERTY: That's progress.
SERWER: What is amazing thing that is.
Bernie Ebbers of course was found guilty yesterday, and there are a bunch of other trials and upcoming trials where the implications are huge. Let's talk about Enron. Ken Lay, Jeff Skilling, a very similar situation here, because, again, the chief financial officer in this case, Andy Fastow, will be testifying against him. Richard Scrushy, the trial is ongoing. He, too, is in jeopardy. Kozlowski, from Tyco, is the last one. That trial also under way. And I think the bottom line here, Jack, is the old dumbo defense isn't going to fly. And it's very simple. The CEO is in charge, and it's very difficult for jurors to understand that the CEO did not know what was going on and was not responsible for what was going on. It really boils down to that.
CAFFERTY: You know the other thing, if they throw a few more of these clowns in jail for a long time, maybe the rest of those folks who run these companies will start behaving a little better.
SERWER: It serves as a deterrent. And one final note here, don't think they won't put Bernie Ebbers away for a very long time in his sentencing in June. For instance, James Olis, you may have forgotten this gentlemen, an EVP, an executive vice president, at Dynegy, an energy company in Houston, 39 years old sentenced to 24 years in prison, no chance for parole. That is a long time for an accounting fraud, only a $300 million accounting fraud, as opposed to an $11 billion accounting fraud.
CAFFERTY: Forty-four thousand jobs lost, $600 million in pension benefits that this guy just squandered because of his malfeasance. They ought to throw the key away and let him rot in there until he dies.
SERWER: We'll see what the judge says.
CAFFERTY: They might actually do that. All right, Andy, thanks.
O'BRIEN: Carol's got a final look at the Question of the Day.
Good morning.
CAROL COSTELLO, CNN ANCHOR: Some good answers coming in. Good responses this morning to the Harvard president Larry Summers. The question is, should he resign as president of Harvard since the college of art and science faculty gave him a vote of no confidence? Your opinions right now. Lillian from the state college in Pennsylvania, "Larry Summers should not resign. He should be required to stay and to clearly demonstrate to his board of trustees, faculty, alumni and the public in general that he knows that he misspoke. Actions speak louder than words, and this is his window of opportunity to demonstrate a clearer understanding of just how able and powerful women are."
That was so eloquent, wasn't it?
This is from Alex in Washington -- "I'm all for holding presidents accountable for making blanket statements not supported by any kind of substantial evidence. I just think we should apply that policy in a uniform fashion."
From Pete, from Naples (ph), Florida -- Dr. Summers shows stay. He is only expressing the widely-held belief there are three kinds of people in this world, those who can do math and those that can't." Get it three? That was good.
CAFFERTY: These things are much more interesting when you do them.
SERWER: It's just nice to listen sometimes right? Hey, listen, I got four $20 bills. They're all signed by treasury secretaries -- Robert Rubin, Paul O'Neill, John Snow, and here's Larry Summers. And I'll tell you what, Carol, I think Larry Summers is going to be worth the most, so I will sell you this $20 bill autographed by summers for $21. What do you think?
COSTELLO: I never said I was good in math.
SERWER: Well, he's the most famous. So I just think it will be worth more, don't you?
CAFFERTY: Get away from me.
SERWER: I like this, they're all autographed by different guys, and this is the famous one, this is the guy who said the stuff at Harvard.
CAFFERTY: Put yourself through college with stuff like this.
O'BRIEN: The fuzzy math.
Well, you guys, in just 20 minutes, we're expecting a news conference from President Bush. He's expected to talk about everything from political developments in the Middle East to his priorities right here at home.
CNN's going to bring it to you live. AMERICAN MORNING Is back in just a moment.
(COMMERCIAL BREAK)
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Aired March 16, 2005 - 09:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JACK CAFFERTY, CNN ANCHOR: Over at the Nasdaq market site, the composite index opens at 2,034, a loss of 16 in Tuesday's trading.
SOLEDAD O'BRIEN: It is exactly half past the hour on this AMERICAN MORNING. Bill Hemmer's got the day off. He's on a little vacation, but Jack Cafferty's helping us out. So thank you very much.
CAFFERTY: Thank you.
O'BRIEN: Coming up this morning, one of the former New York City cops who's charged with being a hitman for the mafia says he's innocent. So to prove it, he has hired the lawyer for mob boss John Gotti. Bruce Cutler, right there, he's our guest. He's coming up to explain.
CAFFERTY: Also, Dr. Sanjay Gupta with a "House Call" that everyone can use. The secrets to good sleep, anywhere, any place, except during this program.
O'BRIEN: We want you wide awake for that. Let's get a look at the headlines this morning. Kelly Wallace back with us. Good morning.
KELLY WALLACE, CNN ANCHOR: Thanks, Soledad and Jack. Good morning again to you, everyone. Here are some of the other stories "Now in the News."
As we have been telling you throughout the morning, President Bush, set to hold a news conference within the hour. The president expected to discuss his domestic agenda and recent developments in the Middle East. That news conference set for 10:15 a.m. Eastern time. CNN, of course, will bring you that live when it happens.
A CNN "Security Watch" for you now. The future of Homeland Security. The new department head, Michael Chertoff, set to speak any moment now. You're looking the at live pictures where he will speak, George Washington University in Washington, D.C. It is his first major address since taking office. He is expected to talk about his plans for the agency, including efforts to make sure anti-terrorism dollars are getting to the cities that need them most.
There is now word of survivors after a Russian plane went down in the northern part of that country. Earlier we told you about the crash. Russia's Interfax News Agency now saying 29 of the people on board have died. Earlier, we had heard all on board were killed. The two-engine plane apparently crashed and caught fire while trying to land in a region off of Russia's arctic coast. Scott Peterson could soon be on death row. In a little over two hours from now, a California judge will formerly sentence Peterson for the murders of his wife Laci and their unborn son Conner. Last November a jury recommended he be put to death. The judge can reduce sentence to life in prison without parole, although he is not expected to do that.
And a top Catholic cardinal is urging a boycott against Dan Brown's bestseller, "The Da Vinci Code." The cardinal calls it a quote, "gross and absurd distortion of history." He's calling on Catholic bookstores to take the novel, full of quote, "cheap lies," off their shelves. No word on what the cardinal will think of the film vision. It will hit the big screens next year. And I would say the controversy is only going to make that book even more of a bestseller.
O'BRIEN: And hello, it's been out for quite a while.
WALLACE: I know.
O'BRIEN: Just now they're calling for the boycott?
WALLACE: Exactly.
O'BRIEN: You have to go rip it out of people's bookshelves to do that.
WALLACE: That's right. Good point.
O'BRIEN: All right, Kelly, thanks.
CAFFERTY: Thanks, Kelly.
O'BRIEN: Well, a dispute about the authenticity of a flag is stirring some raw emotions from the 9/11 attacks. Barbara Starr at the Pentagon for us this morning. Hey, Barbara, good morning.
BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning to you, Soledad. It is a story that received national media attention, but now growing questions about with any of it is true.
(BEGIN VIDEOTAPE)
STARR (voice-over): David Nicholson has kidney cancer. To pay his bill and provide for his family, he is trying to sell this flag that was set to have flown from a crane at the Pentagon during the September 11th terrorist attacks. Now, the winning $37,000 bid on eBay has been withdrawn after questions about whether the flag was ever at the Pentagon.
UNIDENTIFIED MALE: It was there or wasn't. And I would like to know the truth.
STARR Nicholson says he got flag in a box of construction material in 2002 from a man named Pete Elliott (ph), an employee at Facchina Construction Company. On Facchina Company letterhead, Elliott wrote a letter of authenticity that says in part "this flag was flying on our crane at the Pentagon on 9/11/01."
Facchina says it isn't true. In a letter to eBay, the company attorney says Facchina did not have a crane on site at the Pentagon on September 11, 2001. The company says Elliott is being reprimanded for his unauthorized letter. CNN has been unable to reach Elliott for comment. Family members of those killed at the Pentagon are outraged that anything related to the attacks is being sold, legitimate or not.
Craig Sincock lost his wife Cheryle at the Pentagon and is furious her name is on Nicholson's display.
CRAIG SINCOCK, WIDOWER OF 9/11 VICTIM: There's something wrong about that, to use my wife's name in order to gain money.
STARR: Nicholson says family should understand.
DAVID NICHOLSON, FLAG SELLER: Well, I say that until they're in my shoes, they can't -- they don't know how I feel.
STARR: Sincock disagrees.
SINCOCK: So many of us are just now starting to crawl out from underneath that grief and every time something like this hits, we take another step backward.
(END VIDEOTAPE)
STARR: Now, Soledad, of course, those pictures we showed you in the piece were cranes at the Pentagon after the reconstruction got underway. This morning, Mr. Nicholson has put the flag back on sale on eBay. We checked a few minutes ago. So far today, there are no bidders and here, the 9/11 families remain very upset about the entire matter -- Soledad.
O'BRIEN: I can certainly understand their perspective. Barbara Starr at the Pentagon for us this morning. Barbara, thank you -- Jack.
CAFFERTY: All right, thanks, Soledad. Accused mafia cop Louis Eppolito denies that he doubled as a hitman while working as a decorated detective for the New York City Police Department. He's hired himself a very famous lawyer, Bruce Cutler, to try to clear his name.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We find him not guilty.
(END VIDEO CLIP)
CAFFERTY: Cutler was the longtime attorney for legendary organized crime boss John Gotti. He helped the dapper don beat government charges three times and that earned Gotti the nickname "Teflon Don." Gotti eventually, though, was convicted of murder and racketeering and he died in prison ten years into a life sentence. Bruce Cutler, meanwhile, represented Louis Eppolito in 1994, when corruption allegations against the retired detective and his partner first surfaced.
And Bruce Cutler, once wants the dapper don's legal eagle, joins us now to talk about the mafia cop case. Counselor, it's nice to see you. It's been a while since we've talked.
BRUCE CUTLER, ATTORNEY FOR LOUIS EPPOLITO: It's good to see you, Jack. Thanks for having me on the show.
CAFFERTY: What makes you take this case? If the charges against him are true, it's a disgrace of the highest form of a police badge.
CUTLER: Jack, I know Lou a long time. In fact, when I was an assistant D.A. in the 1970s in Brooklyn, I knew Lou. And I have a very strong feeling about him and about case because I lived through it in 1994.
CAFFERTY: And what happened in that case? This was a...
CUTLER: 1994, the government came up with a reprobate by the name of Casso, with the nickname Gaspipe, who made these wild allegations. The government repudiated them. I was working with Lou at the time to make sure he was all right. So they put aside all these allegations of misconduct and murder.
Then all of a sudden, recently, while I was in California on the Phil Specter (ph) case, his wife and daughter called me up. He was indicted and charged in this most, serious case here in the eastern district of New York. And I said to people, this is not the Lou Eppolito I know. This is not the Lou Eppolito I worked with. This is not the Lou Eppolito that was a decorated policeman and devoted family man.
So I have rejected and fought against this mafia hitman term. And I said, they weren't hitmen, they were policemen. And these murders that they're charged with happened many, many years ago and...
CAFFERTY; Does government just...
CUTLER: ... as a matter of fact, what I think, Jack, happened, they had a psychopathic liar named Casso, who first mentioned this. Now they have another fellow -- I was told -- who is serving a life sentence for heroin who wants to get out of jail. So what the government does, they embrace these people and they gave them be absolution and freedom and if they point the finger at certain other people and make cases for the government, they get out.
CAFFERTY: All right. Let me interrupt...
CUTLER: Jack, my big thing with the case is there going to be any corroboration.
CAFFERTY: All right, that's -- but the point is, the government's not going to single out two decorated detectives out of nowhere and based on the word of some guy who's doing a long stretch for heroin, say, let's go and disgrace these two men. They've got to have something to hang this on. CUTLER: Jack, they do it all the time.
CAFFERTY: All right. Let me ask you this, because we're going to run out of time. You are a very famous guy. Your client is accused of being a hitman for the mob.
CUTLER: Yes.
CAFFERTY: What's the jury going to think when you walk into the courtroom and they say, hey, there's John Gotti's lawyer? I mean, they're going to make a connection there.
CUTLER: Yes, I've represented so many people over the years, but certainly, closely associated with John, who's so noteworthy. But I think they'll feel and understand that Lou is taking the case seriously and wants the best man for the job. That's me.
CAFFERTY: But does that help him in the courtroom, having a guy who has an association in the past with organized crime, as his attorney?
CUTLER: Fighting federal cases, that's the best thing in the world to have on your resume. That's what I have.
CAFFERTY: All right. I appreciate you coming by. It's nice to see you again.
CUTLER: Good to see you, Jack. Happy St. Patrick's Day to you and yours and everybody, tomorrow.
CAFFERTY: All right, yes, tomorrow.
CUTLER: See you.
CAFFERTY: Bruce Cutler. All right, thanks.
CUTLER: Nice seeing you.
CAFFERTY: Soledad?
(WEATHER REPORT)
O'BRIEN: Need better sleep on business trips? Many a road warrior has been left tossing and turning. We're Paging Dr. Gupta to help travelers get their z's, no matter where they roam.
Good morning. Nice to see you.
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Good morning.
A lot of people need to get their sleep wherever they can.
Listen, even an hour and a half of less sleep can reduce your acuity and your sharpness by about a third the next day. So how do you get sleep anywhere, even on a plane for example. Two things to keep in mind, remember these two words -- light and temperature. You need to control these thing to get best sleep you possibly can. Even a small amount of light can affect your sleeping. So for example, if you're on a plane, here's a good tip. The best seat to get the best sleep are near the front of plane, where it's quiet, and a window seat. Why a window? Because then you can control the amount of light coming in. That's going to be your best bet.
Also there are some things you can if you're on the plane. You know, bring an eye mask along, something like this, to try and get yourself even more darkness. That light really makes a big difference.
Also if you're staying in a hotel, what happens sometimes you wake up in the middle of the night, and you need to go find something, you turn on the lights. Big light, it's going to ruin your sleep. Bring along a little -- this is a nice little night lamp, basketball. You can bring that along, just enough light so that you can see your way around.
As for temperature, 68 to 72 degrees. They find that's the optimal temperature to try to get the best sleep. When you're in that hotel room again, try and do that. Your feet and hands obviously get colder faster, so do more to keep those warm.
O'BRIEN: If you don't get a good night's sleep, can you make up for it completely by just catching a good nap in the middle of they day?
GUPTA: Yes, you know, sleep is cumulative, so you can actually catch up on sleep. A lot of people ask about this. You can do it. There are some people who napping is not going to work for. For example, those with insomnia, or those with depression as well. They may have more deep-rooted causes as to why they're the not sleeping at night. So you should get those checked out before you just start napping.
Also, try not to nap too close to your bedtime. Within about 90 minutes of bedtime, you're probably going to mess up your actual sleep cycle at night, and it's really trying to get some good sleep as well. You know, they have this lavender, lavender actually is really a good sort of sleep aid. Spray that on your linen and it helps people sleep as well.
O'BRIEN: Really? Wow, I like that...
GUPTA: You can have that.
O'BRIEN: And I'm going to take it. And it smells good, too.
GUPTA: Get some good rest tonight, Soledad.
O'BRIEN: All right, I really need this, Sanjay. Thanks a lot.
CAFFERTY: Lavender.
Bernie Ebbers, guilty in the biggest case of corporate fraud in U.S. history. Andy tells us why that could spell big trouble for other disgraced CEOs. Are you listening, Ken Lay?
Plus, the new "Incredibles" DVD. Are there enough extras to make the disc itself incredible? "90-Second Pop," next on AMERICAN MORNING.
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
O'BRIEN: Good morning. Welcome back. It's time for another edition of "90-Second Pop." The gang's all here this morning. Andy Borowitz of borowitzreport.com. He's also a student of Strassberg. We explain just ahead. Did you like the way I said that? Jessica Shaw from "Entertainment Weekly." And Toure, CNN's pop culture correspondent.
Good morning, good morning, good morning. Let's get right to it.
Woody Allen has got a new movie out. And you, Andy Borowitz -- I am not making this up -- you are the star of the movie.
ANDY BOROWITZ, BOROWITZREPORT.COM: Well, I think my role may be a little bit exaggerated. I'm actually in the film for about 90 seconds, kind of like my day job actually. I think...
O'BRIEN: They ripped us off.
BOROWITZ: Well, no, I think...
O'BRIEN: Let's talk about the film. It's called "Melinda and Melinda."
BOROWITZ: "Melinda and Melinda."
O'BRIEN: What's it about?
BOROWITZ: And it's about Radha Mitchell plays the character, and we see her life as a drama and as a comedy, and some really great people are in it -- Amanda Peet, Will Ferrell and Andy Borowitz.
O'BRIEN: So they kind of have this side-by-side comedy and also a drama in how this person's life would be.
BOROWITZ: Right. It's told as if a dramatic playwright were telling her story and a comedic playwright played by Wallace Shawn. And it's a debate over whether her story is really a comedy or a drama. It's really an interesting film.
O'BRIEN: Roll the tape again, because let's get back to the part where you're starring in it.
BOROWITZ: Right.
O'BRIEN: I want to show that for you. Keep your eyes on the right in that really unattractive sweater.
BOROWITZ: Right.
TOURE, CNN POP CULTURE CORRESPONDENT: Yes.
O'BRIEN: I'm sorry to say.
BOROWITZ: This is a pivotal scene. In a way, I'm sort of carrying the whole film.
JESSICA SHAW, "ENTERTAINMENT WEEKLY": I saw the trailer. The trailer does star Andy Borowitz. You have to admit that.
BOROWITZ: It's all about me. It's all about me.
SHAW: So can I have your autograph?
O'BRIEN: I know. Here, me, too!
BOROWITZ: Very, very funny.
O'BRIEN: Will you sign that for me? OK, let's talk about the new DVD that's out, "The Incredibles."
TOURE: Yea!
O'BRIEN: I loved, loved, loved the movie. How is the DVD?
SHAW: The movie is great. The DVD, I thought, was really good. It has a lot of cool extras. There's 35 minutes of deleted scenes, which are cool. There's a commentary from the real Mr. Incredible, which is really cute.
BOROWITZ: Right.
SHAW: And there's this great short film, "Jack-Jack Attack," which we're showing now. And I thought it was -- I mean, this DVD is going to break all of the records. It's going to break "Shrek 2."
O'BRIEN: It's expensive.
SHAW: It's $29.99, but if you, you know, go to Amazon or whatever, you can get it for 10 bucks less.
TOURE: Well, the cool thing about the "Jack-Jack Attack's" little short is that the movie doesn't let you know what his secret power is. And this takes the story of Jack-Jack a little deeper.
SHAW: Right.
TOURE: It was very, very cool.
BOROWITZ: I looked at the DVD. I looked at all of the special features. And then when I realized I was not in the film I lost interest.
O'BRIEN: Oh, I see. Is your head growing from being the star of this movie? BOROWITZ: A little bit.
O'BRIEN: I thought so.
BOROWITZ: Actors, actors, you know.
O'BRIEN: OK. Lil' Kim, we've seen her going in and out and in and out of court.
TOURE: Yes.
O'BRIEN: What's her trial over?
SHAW: And clothing.
TOURE: She's on trial for lying to a grand jury about a shooting that happened outside everybody's favorite radio station, Hot 97.
O'BRIEN: So perjury essentially is the charge?
TOURE: Yes. And you know, really, seriously, she's a good kid, but it looks like she's going to lose this one. She really is, but she's probably going to lose this one. I mean, it's tough. Hip-hop is so about not snitching, and three of her friends had snitched on her while she purposely did not snitch on others.
O'BRIEN: Well, kind of the point of a whole grand jury is all about snitching, right? Or am I reading the legal system wrong?
BOROWITZ: If you're trying to establish you're telling the truth, why would you claim your name is Lil' Kim? It's just doesn't seem...
O'BRIEN: It starts off badly, doesn't it?
BOROWITZ: It starts badly.
O'BRIEN: Can we show...
SHAW: She should be sent to jail for some of the outfits she's worn to the MTV awards.
BOROWITZ: Oh, no, we love those. We love those.
O'BRIEN: Can we show some of the outfits, though, that she is wearing into the courtroom? OK. This is before on the left. She's got a little bit of the get-a-fabulous-going on, you know, the blond, blond hair, the lots of cleavage. This is almost unrecognizable in court. She looks like...
SHAW: She's very demure.
O'BRIEN: Demure. Here again, bad girl on the left with the big hair.
SHAW: Oh, the makeover. O'BRIEN: On the right, she looks like she is -- you know, just left the convent for a little break and is going to visit her family.
BOROWITZ: I would acquit the one on the left.
SHAW: She's going to come back as fashion editor for "Ladies Home Journal" or something after all of this.
TOURE: I don't think this is going to be, like, one of those good trips to prison, like Martha Stewart, we talk about, you know, career helper. It's not going to be like that for her. This is going to be really difficult.
O'BRIEN: Oh, Lil' Kim. Well, you know...
SHAW: Words of advice, Andy?
TOURE: No, it's sad though.
BOROWITZ: It's all material. It's all material for your next role. That's the way I look at it.
O'BRIEN: And that will be our final word this morning.
BOROWITZ: Use it. We use everything.
O'BRIEN: Use your -- is that how it was for you?
BOROWITZ: Absolutely.
O'BRIEN: I understand. You guys, as always -- I know, he's getting out of control, isn't he?
TOURE: A little bit.
O'BRIEN: Thank you very much. Let's go back to Jack.
(END VIDEOTAPE)
Other embattled CEOs could end up paying the price after Bernie Ebbers' conviction. Andy tells us why in "Minding Your Business." That's next on AMERICAN MORNING.
(COMMERCIAL BREAK)
CAFFERTY: Question, what does former WorldCom chief Bernie Ebbers' conviction mean for other CEOs on trial? Well, it ain't good.
Here with that and a check of the markets, Andy Serwer's "Minding Your Business."
ANDY SERWER, "FORTUNE" MAGAZINE: It ain't good at all. And obviously a lot of people were watching that verdict very closely yesterday, Jack.
Let's talk about the markets first of all, because stocks are slipping away again here. A raft of economic data coming across the transome (ph). I'm not going to get into it, because your eyes will glaze over. But trust me, on balance, it's negative, and that's why the markets are responding thusly. One thing that is happening that we'll tell you about is GM saying they've got a big quarterly loss. That stock is down 11 percent to below $30, just where it traded in 1964.
CAFFERTY: That's progress.
SERWER: What is amazing thing that is.
Bernie Ebbers of course was found guilty yesterday, and there are a bunch of other trials and upcoming trials where the implications are huge. Let's talk about Enron. Ken Lay, Jeff Skilling, a very similar situation here, because, again, the chief financial officer in this case, Andy Fastow, will be testifying against him. Richard Scrushy, the trial is ongoing. He, too, is in jeopardy. Kozlowski, from Tyco, is the last one. That trial also under way. And I think the bottom line here, Jack, is the old dumbo defense isn't going to fly. And it's very simple. The CEO is in charge, and it's very difficult for jurors to understand that the CEO did not know what was going on and was not responsible for what was going on. It really boils down to that.
CAFFERTY: You know the other thing, if they throw a few more of these clowns in jail for a long time, maybe the rest of those folks who run these companies will start behaving a little better.
SERWER: It serves as a deterrent. And one final note here, don't think they won't put Bernie Ebbers away for a very long time in his sentencing in June. For instance, James Olis, you may have forgotten this gentlemen, an EVP, an executive vice president, at Dynegy, an energy company in Houston, 39 years old sentenced to 24 years in prison, no chance for parole. That is a long time for an accounting fraud, only a $300 million accounting fraud, as opposed to an $11 billion accounting fraud.
CAFFERTY: Forty-four thousand jobs lost, $600 million in pension benefits that this guy just squandered because of his malfeasance. They ought to throw the key away and let him rot in there until he dies.
SERWER: We'll see what the judge says.
CAFFERTY: They might actually do that. All right, Andy, thanks.
O'BRIEN: Carol's got a final look at the Question of the Day.
Good morning.
CAROL COSTELLO, CNN ANCHOR: Some good answers coming in. Good responses this morning to the Harvard president Larry Summers. The question is, should he resign as president of Harvard since the college of art and science faculty gave him a vote of no confidence? Your opinions right now. Lillian from the state college in Pennsylvania, "Larry Summers should not resign. He should be required to stay and to clearly demonstrate to his board of trustees, faculty, alumni and the public in general that he knows that he misspoke. Actions speak louder than words, and this is his window of opportunity to demonstrate a clearer understanding of just how able and powerful women are."
That was so eloquent, wasn't it?
This is from Alex in Washington -- "I'm all for holding presidents accountable for making blanket statements not supported by any kind of substantial evidence. I just think we should apply that policy in a uniform fashion."
From Pete, from Naples (ph), Florida -- Dr. Summers shows stay. He is only expressing the widely-held belief there are three kinds of people in this world, those who can do math and those that can't." Get it three? That was good.
CAFFERTY: These things are much more interesting when you do them.
SERWER: It's just nice to listen sometimes right? Hey, listen, I got four $20 bills. They're all signed by treasury secretaries -- Robert Rubin, Paul O'Neill, John Snow, and here's Larry Summers. And I'll tell you what, Carol, I think Larry Summers is going to be worth the most, so I will sell you this $20 bill autographed by summers for $21. What do you think?
COSTELLO: I never said I was good in math.
SERWER: Well, he's the most famous. So I just think it will be worth more, don't you?
CAFFERTY: Get away from me.
SERWER: I like this, they're all autographed by different guys, and this is the famous one, this is the guy who said the stuff at Harvard.
CAFFERTY: Put yourself through college with stuff like this.
O'BRIEN: The fuzzy math.
Well, you guys, in just 20 minutes, we're expecting a news conference from President Bush. He's expected to talk about everything from political developments in the Middle East to his priorities right here at home.
CNN's going to bring it to you live. AMERICAN MORNING Is back in just a moment.
(COMMERCIAL BREAK)
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