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CNN Live At Daybreak

Filibuster Showdown; Kindergartner Handcuffed; Japanese Train Derails

Aired April 25, 2005 - 05:00   ET

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

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


CAROL COSTELLO, CNN ANCHOR: Straight ahead on DAYBREAK, a morning rail commute in Japan ends in disaster. We'll take you live to Japan for the latest on the worst rail accident there in more than 40 years.
Plus, what model car do you drive? And just how safe is it? We've got the insurance industry's report on 15 vehicles.

And it's not the run for the roses, but it's just as sweet as "Seabiscuit." A horse racing legend and only five years old.

It is Monday April 25. This is DAYBREAK.

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

"Now in the News," Senate Majority Leader Bill Frist has a message for Democrat senators, do your jobs and vote, don't filibuster judicial nominees. He delivered the message in a videotaped statement to a huge evangelical Christian rally called Justice Sunday.

A deadly commuter train derailment today in central Japan. Fifty are dead, more than 200 have been injured. We'll take you live there in eight minutes.

Later today, President Bush will ask Saudi Arabia's Crown Prince Abdullah to boost his nation's oil production. The two will meet at the president's Texas ranch this morning.

And the calendar says late April, but the weather feels more like February. Take a look at that. A snowstorm has dumped more than a foot of snow on parts of the Midwest and the Appalachians.

Oh, Chad. Tell us it's over.

CHAD MYERS, CNN METEOROLOGIST: Almost, Carol.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

MYERS: You're welcome.

COSTELLO: We begin this hour with Republicans, Democrats, judges, Christians, and a huge political message at a Kentucky mega- church. Christian conservatives have joined Republicans in calling for Democrats to stop trying to block President Bush's judicial nominees with filibusters. Democrats are saying religion is inappropriately being injected into the matter.

Here's more from CNN's Suzanne Malveaux.

(BEGIN VIDEOTAPE)

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT (voice-over): Senate Majority Leader Bill Frist is at the center of the showdown between Republicans and Democrats over the president's judicial nominees. First he's delivering a videotaped address to religious telecasts sponsored by the conservative Family Research Council, aimed at increasing public support for President Bush's judicial nominees. Excerpts from the speech show Frist supporting Republican efforts to limit filibusters.

SEN. BILL FRIST (R-TN), MAJORITY LEADER: My Democratic counterpart, Senator Reid, calls me a radical Republican. I don't think it's radical to ask senators to vote.

MALVEAUX: Simulcast on Christian television on radio, and to churches across the country, religious conservatives are launching an aggressive campaign to portray blocking Mr. Bush's nominees as an act against people of faith.

TONY PERKINS, PRESIDENT, FAMILY RESEARCH COUNCIL: As American citizens, we should not have to choose between believing and living by what is in this book and by serving the public, whether it be on the bench as a judge, or whether it be in any other elected office.

MALVEAUX: Another religious group denounced conservatives' efforts to turn the filibuster into a religious litmus test. The key senators involved in the filibuster debate called for their parties to compromise.

SEN. ARLEN SPECTER (R), PENNSYLVANIA: My Republican colleagues ought not to vote for the nuclear option as a matter of party loyalty. And the Democrats ought not to be voting in lockstep on filibusters as a matter of party loyalty.

SEN. PATRICK LEAHY (D), VERMONT: I agree with Senator Specter. We ought to find some way to back away from this, because I think the Senate would be hurt, but ultimately the country will be hurt if you remove an area of checks and balances.

MALVEAUX (on camera): The competing rallies underscore the important role that religion plays in politics and the tug of war that is taking place across the country over the federal courts, which rule on such hot-button issues as abortion and same-sex marriage.

Suzanne Malveaux, CNN, Crawford, Texas.

(END VIDEOTAPE)

COSTELLO: And that brings us to our e-mail "Question of the Morning." Frist and Justice Sunday, religious exploitation or political partnership? We want to know what you think this morning. DAYBREAK@CNN.com. That's DAYBREAK@CNN.com.

Did House Majority Leader Tom DeLay take some credit where he shouldn't have? According to "The Washington Post," DeLay's plane trip to Britain five years ago was charged to a Washington lobbyist credit card. House rules bar lobbyists from paying for a lawmaker's travel. And the latest report adds to the growing questions over DeLay's trips.

Travel records show more than a $6,900 charge for his round trip to Britain. There are also concerns over a $28,000 bill for DeLay's four-day trip to South Korea. Also under scrutiny, a 2001 trip to Malaysia and a 1997 trip to Russia.

Complaints are mounting about John Bolton, President Bush's pick for U.N. ambassador. The Senate Foreign Relations Committee has postponed a vote on Bolton's confirmation. Three Republican members are wavering. Senators from both sides of the aisle weighed in on CNN's "LATE EDITION."

(BEGIN VIDEO CLIP)

LEAHY: This ban is the proverbial bull in the china shop. The same reason I voted against him on the -- being the assistant secretary in charge of nuclear proliferation. His way of doing it, look what's happened under him. India, Pakistan had the bomb, Iran's building one. North Korea's gone way beyond anything that the United States said it would tolerate.

This ban does not have a sterling track record.

(END VIDEO CLIP)

COSTELLO: Pennsylvania Republican Arlen Specter suggests Bolton's confirmation should not be left up to the committee, however.

(BEGIN VIDEO CLIP)

SPECTER: I think the best policy is to have his nomination come to the full Senate, not decided by a committee. Because the Constitution says that advice and consent are the province of the -- of the Senate itself. And I've always followed that practice even when I was firmly opposed to Judge Bork. I thought the nomination should come to the full Senate for a decision by the full Senate.

(END VIDEO CLIP)

COSTELLO: "TIME" magazine has uncovered some interesting things about John Bolton. We'll talk about his chances when we talk with "TIME" correspondent Vivica Novak. That will come your way in the next hour of DAYBREAK.

In the meantime, what do you think about President Bush's job performance overall? A new Gallup poll is out, and the numbers are pretty tight.

Forty-eight percent of Americans surveyed approve of the way the president is handling his job, but 49 percent disapprove. The poll has a margin of error of plus or minus three percentage points.

And when it comes to the economy, most Americans are seeing red. Only 31 percent say economic conditions are getting better. But 61 percent say they're getting worse.

The images are startling. St. Petersburg police forcibly handcuff a 5-year-old girl after she threw a tantrum and hit a school official. Did police go too far in cuffing a 5-year-old girl? An attorney thinks so, and he plans legal action.

Here's CNN's Tony Harris.

(BEGIN VIDEOTAPE)

TONY HARRIS, CNN CORRESPONDENT (voice-over): The camera was rolling as part of a self improvement exercise for preschool children in St. Petersburg, Florida. You see a 5-year-old girl become disruptive.

UNIDENTIFIED FEMALE: We're not touching you. No, ma'am. We're not touching you, you don't touch me. No.

HARRIS: First throwing objects on the floor and resisting the efforts of a teacher and assistant principal to calm her down. Eventually, the girl's mother is called, but she's unable to come to the school.

The girl begins hitting the assistant principal. And the police are called.

The video is stopped soon after the girl's hands are fastened behind her. Now, no charges have been filed against the 5-year-old girl, and she was released to her mother. But a lawyer for the girl's parents say that police went too far, and that he plans unspecified legal actions them. Police officials have launched an internal investigation.

Tony Harris, CNN, Atlanta.

(END VIDEOTAPE)

COSTELLO: Oh. What's next for this little girl and police? John Trevena, an attorney for the girl's mother, will talk about that in the 8:00 Eastern hour of "AMERICAN MORNING."

It has been a very difficult morning in Japan. A commuter train crash has left dozens dead and more than 300 others injured.

CNN's Atika Shubert joins us now live from Tokyo with the latest.

Good morning.

ATIKA SHUBERT, CNN CORRESPONDENT: Good morning, Carol.

Here in Tokyo, we're hearing from firefighters on the scene of the crash that at least 50 people have been killed, and that number could still rise. There are several passengers trapped inside the wreckage. They're trying to cut away parts of the train now to try and free them.

They have managed to free several passengers. But no word on their condition. In the meantime, more than 300 people were injured, brought to -- some of them brought to the hospital with very serious injuries, including multiple fractures.

Now, what we know what happened is that around 9:20 in the morning, the train derailed, jumped the tracks, and slammed into this apartment building. Now, investigators are still trying to figure out what exactly caused the train to jump those tracks -- Carol.

COSTELLO: Atika Shubert reporting live this morning. Thank you.

Coming up on DAYBREAK, with just two years to go in his administration, lame duck Russian president, Vladimir Putin, lays out his plans for the country. Moscow bureau chief Jill Dougherty has more details for you in 32 minutes, including how it will affect us in our relations with -- with Russia.

And why are these horses racing in the wrong direction? At least one of them is setting records half a world away. Andrew Stevens has that story in 10 minutes.

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

(COMMERCIAL BREAK)

COSTELLO: The international markets mixed this morning. Tokyo's Nikkei closed up almost 28 points. The London FTSE down more than three. The German DAX down almost 17 points.

Your news, money, weather and sports. It's 5:13 Eastern. Here's what's all new this morning.

Senate Majority Leader Bill Frist has warned Democrats that he may call for an end to traditional filibuster rules. Republicans are upset that Democrats are holding up 10 of President Bush's judicial nominees.

At least 50 people are dead following a commuter train -- commuter train accident in Osaka, Japan. Investigators are trying to determine what caused the train to jump the tracks during morning rush. More than 300 were injured.

In money news, believe it or not, gas prices have fallen nearly five cents over the past two weeks. The latest survey shows the average price of self-serve unleaded is $2.24 a gallon.

In culture, international intrigue brought moviegoers out over the weekend. "The Interpreter," starring Nicole Kidman and Sean Penn, made nearly $23 million. The New Ashton Kutcher movie was a disappointment, making just under $8 million. In sports, the surging Denver Nuggets ambushed the San Antonio Spurs in the first game of their NBA playoff series. They're 93-87 win gives the Nuggets a one game to none lead in the best of 7 series.

To the forecast center and Chad.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

The prosecution's case against Michael Jackson has been filled with star witnesses and salacious details. Now they're winding down their case, but there's still at least one more big name on deck.

CNN's Ted Rowlands has details from Santa Maria, California.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): Michael Jackson's ex-wife, Debbie Rowe, is among the expected witnesses during what prosecutors say is the final week of their case. Rowe is the mother of two of Jackson's three children. Her testimony, according to the district attorney, will help prove the conspiracy charges against Jackson. Rowe, who gave up full custody of her children to Jackson, is now in a legal custody dispute with him.

Former Jackson bodyguard Chris Carter is also scheduled to take the stand this week. Carter, who's facing armed robbery and kidnapping charges in Nevada is expected to say he saw Michael Jackson give the teenage accuser and his brother alcohol.

Another witness scheduled this week worked for Jackson more than 10 years ago. He's expected to back up a former employee's story that Jackson was seen acting inappropriately with a young boy at Neverland Ranch in 1993.

Courtroom observers say this final week is an important one for the prosecution's case.

JIM MORET, POOL REPORTER: Has this juror heard enough to come to the conclusion that Michael Jackson molested this boy? There are pieces missing. So the prosecution basically has a week to fill in the blanks, to tie it all together.

ROWLANDS: One potential witness that won't be testifying is a Battered Women's Syndrome expert. Prosecutors wanted to bring somebody in to explain the courtroom behavior of the accuser's mother, but Judge Rodney Melville ruled against it, calling it "irrelevant."

Ted Rowlands, CNN, Santa Maria, California.

(END VIDEOTAPE)

COSTELLO: The attorneys in this case are only interested in what the jurors think. But for an entertainer -- for an entertainer, the public's opinion is vital. And for Michael Jackson, it ain't looking good.

According to a new Gallup poll, 12 percent believe the allegations are definitely true, while another 58 percent say probably true. Only 15 percent do not believe the molestation stories. But Jackson's saving grace may be that the majority of people are not following the case very closely. Sixty-seven percent just don't care.

Only six percent of those surveyed say they've been paying close attention. Only six percent. And I'm probably preaching to the choir. You already know that.

Still to come on DAYBREAK, the lightning fast sensation Silent Witness sprints his way into the record books. We'll have the story of this incredible horse when DAYBREAK returns.

(COMMERCIAL BREAK)

COSTELLO: The Kentucky Derby is less than two weeks away. I could do with a mimosa right now, though, frankly. Anyway, that's entirely on another topic.

We're going to talk about a horse half a world away that's making big headlines. CNN's Andrew Stevens is in Hong Kong with the story of Seabiscuit of the Far East.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: And further back, that's Silent Witness. I'll never see anything like this again in my life. Seventeen straight, stand (ph), cheer, applaud the best, because he's just got better.

ANDREW STEVENS, CNN CORRESPONDENT (voice-over): In the end, it was almost too easy. Five-year-old Silent Witness seared his name into racing history by breaking a North American record for the longest winning streak, 17 in a row. And it was done almost at a canter.

FELIX COETZEE, JOCKEY: By the time we got to the turn, he had relaxed, and he was just switched off. And when he was going around the turn, I thought to myself, "Now this will just be easy."

STEVENS: About the only person it seems not prepared to accept anything until the race was run was owner Archie De Silva, at his usual lucky spot by the rails.

ARCHIE DE SILVA, OWNER: You can see how wet I am. That's nervous sweat. I'm really feeling relaxed now, and the tension's all gone. And all I want to say to the rest of the world is, we want this horse to be your world champion, that we will have lots of fans all over the world.

STEVENS: Certainly there's no shortage of fans in Hong Kong. The industry around the horse is growing as his fame spreads.

(on camera): The main talking point about Silent Witness in Hong Kong this weekend is not so much whether he'd win or not, but what he'd do next. And what's emerged is the possibility of a match-up with the top rated horse in the United States.

(voice-over): It's still just an idea at this stage, but there's no doubt that Silent Witness will travel outside Hong Kong in search of more success and competition. Trainer Tony Cruz says the horse is yet to be really tested.

TONY CRUZ, TRAINER: He didn't get to the bottom of the (INAUDIBLE). You know, he's still hiding (ph) all the way. And Felix didn't have to do the loop on the horse or anything to him, you know. He never had to show him the whip even.

STEVENS: For the moment, though, the trainer, the jockey and the owner, not to mention the horse himself, are surfing a wave of adulation across the territory. And it's something that's not likely to end anytime soon.

CRUZ: I've got myself blessings from the lord, you know. Yes. Otherwise, I must have done something good in life.

STEVENS: Andrew Stevens, CNN, Hong Kong.

(END VIDEOTAPE)

COSTELLO: Oh, Chad. It is time now for our DAYBREAK "Eye Openers."

MYERS: All right.

COSTELLO: Before we get to this tape, let me set the scene, in case you haven't seen it before. The story begins in Quebec at a hockey exhibition game between the United States and Canada. But before the game, "The National Anthem." Watch and listen closely.

(BEGIN VIDEO CLIP)

CAROLINE MARCIL (SINGING): Oh, say can you see, by the dawn's early light, what the twilight -- I'm sorry.

(BOOING)

(END VIDEO CLIP)

MYERS: Wait, there's more. She tries to come back with the words. Oh.

COSTELLO: That's a bad day.

MYERS: There was a carpet there, and she slipped on the carpet. And the carpet actually ended up on center ice.

COSTELLO: Oh.

MYERS: They went on, in front of 7,000 adoring fans, to play the game without "The National Anthem," Carol. And mark... COSTELLO: Oh, that's just so sad. The unfortunate singer is a Canadian artist named Caroline Marcil.

MYERS: Yes.

COSTELLO: After that fiasco, she did get another chance to get it right on "Good Morning America." So let's give her another chance, too.

(BEGIN VIDEO CLIP)

MARCIL (SINGING): And the rockets' red glare, and the bombs bursting in air, gave proof through the night that our flag was still there.

(END VIDEO CLIP)

COSTELLO: Oh, OK. So it was close.

MYERS: Mark...

COSTELLO: To be fair, though...

MYERS: Yes, go ahead.

COSTELLO: ... she speaks French.

MYERS: Right.

COSTELLO: English is not her mother tongue.

MYERS: No, Carol. But Mark Thambador (ph), the goalie from the Canadian side, says, "It was just too bad for her, but I was thinking, I hope she's not on Canadian Idol."

(LAUGHTER)

COSTELLO: In Columbus, Ohio, there wasn't much singing, just teeth chattering. Nearly 23,000 people packed the Horseshoe to watch Ohio University's spring game.

MYERS: Yes.

COSTELLO: Spring game. Cold and muddy. And it held down the score. The Gray ended up beating the Scarlett 19-6.

MYERS: But who won? Who won?

COSTELLO: What was the temperature?

MYERS: Ohio State won, right, Carol?

COSTELLO: Ohio State did win.

MYERS: See. When you play yourself, you can't lose. You're undefeated. COSTELLO: Funny. There were plenty of Ohio State fans who had other things to watch over this weekend, like the NFL draft. And they got to see one of their most controversial alumni get drafted by the Denver Broncos.

If he didn't graduate, is he an alumni? I don't know.

MYERS: I don't think so.

COSTELLO: Maurice Clarett was taken with the final -- taken in the -- was taken in the final pick of the third round. Clarett, you might remember, sued to get into the draft last year, but lost. And now he says he will be a model citizen in Denver and that the past is like water under the bridge.

MYERS: He was picked 101, which is actually much higher than they thought he would go. But the Denver Broncos took a chance on him. Now he doesn't have to be good. Now he's a pro, right?

COSTELLO: Now he doesn't have to be good, now he's a pro. Well, he's got to be good, or he's got to really behave, because he didn't behave very well when he was at Ohio State either. So we'll see.

I was surprised. I didn't think anyone would take him.

MYERS: Oh, he's a huge talent, Carol. He's just got to put his head on top of that, and he can run the ball. And in Denver's defense, they need somebody back there in running back, and they took a really good running back.

COSTELLO: So when it comes down to it, winning is all that really matters.

MYERS: Well, if he can get his head on straight, what does it matter? Everybody gets a second chance. Everybody can mess up once, right -- or twice?

COSTELLO: I'm becoming a little nauseated now.

MYERS: Or three times?

COSTELLO: All right. Here's what's all new in the next half- hour of DAYBREAK.

The congressional filibuster, it's been used and abused down through the years. A little history of the filibuster in eight minutes.

And a reminder. Our e-mail "Question of the Day," Frist and Justice Sunday, religious exploitation or political partnership? E- mail us, DAYBREAK@CNN.com. That's DAYBREAK@CNN.com.

(COMMERCIAL BREAK)

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired April 25, 2005 - 05:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Straight ahead on DAYBREAK, a morning rail commute in Japan ends in disaster. We'll take you live to Japan for the latest on the worst rail accident there in more than 40 years.
Plus, what model car do you drive? And just how safe is it? We've got the insurance industry's report on 15 vehicles.

And it's not the run for the roses, but it's just as sweet as "Seabiscuit." A horse racing legend and only five years old.

It is Monday April 25. This is DAYBREAK.

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

"Now in the News," Senate Majority Leader Bill Frist has a message for Democrat senators, do your jobs and vote, don't filibuster judicial nominees. He delivered the message in a videotaped statement to a huge evangelical Christian rally called Justice Sunday.

A deadly commuter train derailment today in central Japan. Fifty are dead, more than 200 have been injured. We'll take you live there in eight minutes.

Later today, President Bush will ask Saudi Arabia's Crown Prince Abdullah to boost his nation's oil production. The two will meet at the president's Texas ranch this morning.

And the calendar says late April, but the weather feels more like February. Take a look at that. A snowstorm has dumped more than a foot of snow on parts of the Midwest and the Appalachians.

Oh, Chad. Tell us it's over.

CHAD MYERS, CNN METEOROLOGIST: Almost, Carol.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

MYERS: You're welcome.

COSTELLO: We begin this hour with Republicans, Democrats, judges, Christians, and a huge political message at a Kentucky mega- church. Christian conservatives have joined Republicans in calling for Democrats to stop trying to block President Bush's judicial nominees with filibusters. Democrats are saying religion is inappropriately being injected into the matter.

Here's more from CNN's Suzanne Malveaux.

(BEGIN VIDEOTAPE)

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT (voice-over): Senate Majority Leader Bill Frist is at the center of the showdown between Republicans and Democrats over the president's judicial nominees. First he's delivering a videotaped address to religious telecasts sponsored by the conservative Family Research Council, aimed at increasing public support for President Bush's judicial nominees. Excerpts from the speech show Frist supporting Republican efforts to limit filibusters.

SEN. BILL FRIST (R-TN), MAJORITY LEADER: My Democratic counterpart, Senator Reid, calls me a radical Republican. I don't think it's radical to ask senators to vote.

MALVEAUX: Simulcast on Christian television on radio, and to churches across the country, religious conservatives are launching an aggressive campaign to portray blocking Mr. Bush's nominees as an act against people of faith.

TONY PERKINS, PRESIDENT, FAMILY RESEARCH COUNCIL: As American citizens, we should not have to choose between believing and living by what is in this book and by serving the public, whether it be on the bench as a judge, or whether it be in any other elected office.

MALVEAUX: Another religious group denounced conservatives' efforts to turn the filibuster into a religious litmus test. The key senators involved in the filibuster debate called for their parties to compromise.

SEN. ARLEN SPECTER (R), PENNSYLVANIA: My Republican colleagues ought not to vote for the nuclear option as a matter of party loyalty. And the Democrats ought not to be voting in lockstep on filibusters as a matter of party loyalty.

SEN. PATRICK LEAHY (D), VERMONT: I agree with Senator Specter. We ought to find some way to back away from this, because I think the Senate would be hurt, but ultimately the country will be hurt if you remove an area of checks and balances.

MALVEAUX (on camera): The competing rallies underscore the important role that religion plays in politics and the tug of war that is taking place across the country over the federal courts, which rule on such hot-button issues as abortion and same-sex marriage.

Suzanne Malveaux, CNN, Crawford, Texas.

(END VIDEOTAPE)

COSTELLO: And that brings us to our e-mail "Question of the Morning." Frist and Justice Sunday, religious exploitation or political partnership? We want to know what you think this morning. DAYBREAK@CNN.com. That's DAYBREAK@CNN.com.

Did House Majority Leader Tom DeLay take some credit where he shouldn't have? According to "The Washington Post," DeLay's plane trip to Britain five years ago was charged to a Washington lobbyist credit card. House rules bar lobbyists from paying for a lawmaker's travel. And the latest report adds to the growing questions over DeLay's trips.

Travel records show more than a $6,900 charge for his round trip to Britain. There are also concerns over a $28,000 bill for DeLay's four-day trip to South Korea. Also under scrutiny, a 2001 trip to Malaysia and a 1997 trip to Russia.

Complaints are mounting about John Bolton, President Bush's pick for U.N. ambassador. The Senate Foreign Relations Committee has postponed a vote on Bolton's confirmation. Three Republican members are wavering. Senators from both sides of the aisle weighed in on CNN's "LATE EDITION."

(BEGIN VIDEO CLIP)

LEAHY: This ban is the proverbial bull in the china shop. The same reason I voted against him on the -- being the assistant secretary in charge of nuclear proliferation. His way of doing it, look what's happened under him. India, Pakistan had the bomb, Iran's building one. North Korea's gone way beyond anything that the United States said it would tolerate.

This ban does not have a sterling track record.

(END VIDEO CLIP)

COSTELLO: Pennsylvania Republican Arlen Specter suggests Bolton's confirmation should not be left up to the committee, however.

(BEGIN VIDEO CLIP)

SPECTER: I think the best policy is to have his nomination come to the full Senate, not decided by a committee. Because the Constitution says that advice and consent are the province of the -- of the Senate itself. And I've always followed that practice even when I was firmly opposed to Judge Bork. I thought the nomination should come to the full Senate for a decision by the full Senate.

(END VIDEO CLIP)

COSTELLO: "TIME" magazine has uncovered some interesting things about John Bolton. We'll talk about his chances when we talk with "TIME" correspondent Vivica Novak. That will come your way in the next hour of DAYBREAK.

In the meantime, what do you think about President Bush's job performance overall? A new Gallup poll is out, and the numbers are pretty tight.

Forty-eight percent of Americans surveyed approve of the way the president is handling his job, but 49 percent disapprove. The poll has a margin of error of plus or minus three percentage points.

And when it comes to the economy, most Americans are seeing red. Only 31 percent say economic conditions are getting better. But 61 percent say they're getting worse.

The images are startling. St. Petersburg police forcibly handcuff a 5-year-old girl after she threw a tantrum and hit a school official. Did police go too far in cuffing a 5-year-old girl? An attorney thinks so, and he plans legal action.

Here's CNN's Tony Harris.

(BEGIN VIDEOTAPE)

TONY HARRIS, CNN CORRESPONDENT (voice-over): The camera was rolling as part of a self improvement exercise for preschool children in St. Petersburg, Florida. You see a 5-year-old girl become disruptive.

UNIDENTIFIED FEMALE: We're not touching you. No, ma'am. We're not touching you, you don't touch me. No.

HARRIS: First throwing objects on the floor and resisting the efforts of a teacher and assistant principal to calm her down. Eventually, the girl's mother is called, but she's unable to come to the school.

The girl begins hitting the assistant principal. And the police are called.

The video is stopped soon after the girl's hands are fastened behind her. Now, no charges have been filed against the 5-year-old girl, and she was released to her mother. But a lawyer for the girl's parents say that police went too far, and that he plans unspecified legal actions them. Police officials have launched an internal investigation.

Tony Harris, CNN, Atlanta.

(END VIDEOTAPE)

COSTELLO: Oh. What's next for this little girl and police? John Trevena, an attorney for the girl's mother, will talk about that in the 8:00 Eastern hour of "AMERICAN MORNING."

It has been a very difficult morning in Japan. A commuter train crash has left dozens dead and more than 300 others injured.

CNN's Atika Shubert joins us now live from Tokyo with the latest.

Good morning.

ATIKA SHUBERT, CNN CORRESPONDENT: Good morning, Carol.

Here in Tokyo, we're hearing from firefighters on the scene of the crash that at least 50 people have been killed, and that number could still rise. There are several passengers trapped inside the wreckage. They're trying to cut away parts of the train now to try and free them.

They have managed to free several passengers. But no word on their condition. In the meantime, more than 300 people were injured, brought to -- some of them brought to the hospital with very serious injuries, including multiple fractures.

Now, what we know what happened is that around 9:20 in the morning, the train derailed, jumped the tracks, and slammed into this apartment building. Now, investigators are still trying to figure out what exactly caused the train to jump those tracks -- Carol.

COSTELLO: Atika Shubert reporting live this morning. Thank you.

Coming up on DAYBREAK, with just two years to go in his administration, lame duck Russian president, Vladimir Putin, lays out his plans for the country. Moscow bureau chief Jill Dougherty has more details for you in 32 minutes, including how it will affect us in our relations with -- with Russia.

And why are these horses racing in the wrong direction? At least one of them is setting records half a world away. Andrew Stevens has that story in 10 minutes.

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

(COMMERCIAL BREAK)

COSTELLO: The international markets mixed this morning. Tokyo's Nikkei closed up almost 28 points. The London FTSE down more than three. The German DAX down almost 17 points.

Your news, money, weather and sports. It's 5:13 Eastern. Here's what's all new this morning.

Senate Majority Leader Bill Frist has warned Democrats that he may call for an end to traditional filibuster rules. Republicans are upset that Democrats are holding up 10 of President Bush's judicial nominees.

At least 50 people are dead following a commuter train -- commuter train accident in Osaka, Japan. Investigators are trying to determine what caused the train to jump the tracks during morning rush. More than 300 were injured.

In money news, believe it or not, gas prices have fallen nearly five cents over the past two weeks. The latest survey shows the average price of self-serve unleaded is $2.24 a gallon.

In culture, international intrigue brought moviegoers out over the weekend. "The Interpreter," starring Nicole Kidman and Sean Penn, made nearly $23 million. The New Ashton Kutcher movie was a disappointment, making just under $8 million. In sports, the surging Denver Nuggets ambushed the San Antonio Spurs in the first game of their NBA playoff series. They're 93-87 win gives the Nuggets a one game to none lead in the best of 7 series.

To the forecast center and Chad.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

The prosecution's case against Michael Jackson has been filled with star witnesses and salacious details. Now they're winding down their case, but there's still at least one more big name on deck.

CNN's Ted Rowlands has details from Santa Maria, California.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): Michael Jackson's ex-wife, Debbie Rowe, is among the expected witnesses during what prosecutors say is the final week of their case. Rowe is the mother of two of Jackson's three children. Her testimony, according to the district attorney, will help prove the conspiracy charges against Jackson. Rowe, who gave up full custody of her children to Jackson, is now in a legal custody dispute with him.

Former Jackson bodyguard Chris Carter is also scheduled to take the stand this week. Carter, who's facing armed robbery and kidnapping charges in Nevada is expected to say he saw Michael Jackson give the teenage accuser and his brother alcohol.

Another witness scheduled this week worked for Jackson more than 10 years ago. He's expected to back up a former employee's story that Jackson was seen acting inappropriately with a young boy at Neverland Ranch in 1993.

Courtroom observers say this final week is an important one for the prosecution's case.

JIM MORET, POOL REPORTER: Has this juror heard enough to come to the conclusion that Michael Jackson molested this boy? There are pieces missing. So the prosecution basically has a week to fill in the blanks, to tie it all together.

ROWLANDS: One potential witness that won't be testifying is a Battered Women's Syndrome expert. Prosecutors wanted to bring somebody in to explain the courtroom behavior of the accuser's mother, but Judge Rodney Melville ruled against it, calling it "irrelevant."

Ted Rowlands, CNN, Santa Maria, California.

(END VIDEOTAPE)

COSTELLO: The attorneys in this case are only interested in what the jurors think. But for an entertainer -- for an entertainer, the public's opinion is vital. And for Michael Jackson, it ain't looking good.

According to a new Gallup poll, 12 percent believe the allegations are definitely true, while another 58 percent say probably true. Only 15 percent do not believe the molestation stories. But Jackson's saving grace may be that the majority of people are not following the case very closely. Sixty-seven percent just don't care.

Only six percent of those surveyed say they've been paying close attention. Only six percent. And I'm probably preaching to the choir. You already know that.

Still to come on DAYBREAK, the lightning fast sensation Silent Witness sprints his way into the record books. We'll have the story of this incredible horse when DAYBREAK returns.

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COSTELLO: The Kentucky Derby is less than two weeks away. I could do with a mimosa right now, though, frankly. Anyway, that's entirely on another topic.

We're going to talk about a horse half a world away that's making big headlines. CNN's Andrew Stevens is in Hong Kong with the story of Seabiscuit of the Far East.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: And further back, that's Silent Witness. I'll never see anything like this again in my life. Seventeen straight, stand (ph), cheer, applaud the best, because he's just got better.

ANDREW STEVENS, CNN CORRESPONDENT (voice-over): In the end, it was almost too easy. Five-year-old Silent Witness seared his name into racing history by breaking a North American record for the longest winning streak, 17 in a row. And it was done almost at a canter.

FELIX COETZEE, JOCKEY: By the time we got to the turn, he had relaxed, and he was just switched off. And when he was going around the turn, I thought to myself, "Now this will just be easy."

STEVENS: About the only person it seems not prepared to accept anything until the race was run was owner Archie De Silva, at his usual lucky spot by the rails.

ARCHIE DE SILVA, OWNER: You can see how wet I am. That's nervous sweat. I'm really feeling relaxed now, and the tension's all gone. And all I want to say to the rest of the world is, we want this horse to be your world champion, that we will have lots of fans all over the world.

STEVENS: Certainly there's no shortage of fans in Hong Kong. The industry around the horse is growing as his fame spreads.

(on camera): The main talking point about Silent Witness in Hong Kong this weekend is not so much whether he'd win or not, but what he'd do next. And what's emerged is the possibility of a match-up with the top rated horse in the United States.

(voice-over): It's still just an idea at this stage, but there's no doubt that Silent Witness will travel outside Hong Kong in search of more success and competition. Trainer Tony Cruz says the horse is yet to be really tested.

TONY CRUZ, TRAINER: He didn't get to the bottom of the (INAUDIBLE). You know, he's still hiding (ph) all the way. And Felix didn't have to do the loop on the horse or anything to him, you know. He never had to show him the whip even.

STEVENS: For the moment, though, the trainer, the jockey and the owner, not to mention the horse himself, are surfing a wave of adulation across the territory. And it's something that's not likely to end anytime soon.

CRUZ: I've got myself blessings from the lord, you know. Yes. Otherwise, I must have done something good in life.

STEVENS: Andrew Stevens, CNN, Hong Kong.

(END VIDEOTAPE)

COSTELLO: Oh, Chad. It is time now for our DAYBREAK "Eye Openers."

MYERS: All right.

COSTELLO: Before we get to this tape, let me set the scene, in case you haven't seen it before. The story begins in Quebec at a hockey exhibition game between the United States and Canada. But before the game, "The National Anthem." Watch and listen closely.

(BEGIN VIDEO CLIP)

CAROLINE MARCIL (SINGING): Oh, say can you see, by the dawn's early light, what the twilight -- I'm sorry.

(BOOING)

(END VIDEO CLIP)

MYERS: Wait, there's more. She tries to come back with the words. Oh.

COSTELLO: That's a bad day.

MYERS: There was a carpet there, and she slipped on the carpet. And the carpet actually ended up on center ice.

COSTELLO: Oh.

MYERS: They went on, in front of 7,000 adoring fans, to play the game without "The National Anthem," Carol. And mark... COSTELLO: Oh, that's just so sad. The unfortunate singer is a Canadian artist named Caroline Marcil.

MYERS: Yes.

COSTELLO: After that fiasco, she did get another chance to get it right on "Good Morning America." So let's give her another chance, too.

(BEGIN VIDEO CLIP)

MARCIL (SINGING): And the rockets' red glare, and the bombs bursting in air, gave proof through the night that our flag was still there.

(END VIDEO CLIP)

COSTELLO: Oh, OK. So it was close.

MYERS: Mark...

COSTELLO: To be fair, though...

MYERS: Yes, go ahead.

COSTELLO: ... she speaks French.

MYERS: Right.

COSTELLO: English is not her mother tongue.

MYERS: No, Carol. But Mark Thambador (ph), the goalie from the Canadian side, says, "It was just too bad for her, but I was thinking, I hope she's not on Canadian Idol."

(LAUGHTER)

COSTELLO: In Columbus, Ohio, there wasn't much singing, just teeth chattering. Nearly 23,000 people packed the Horseshoe to watch Ohio University's spring game.

MYERS: Yes.

COSTELLO: Spring game. Cold and muddy. And it held down the score. The Gray ended up beating the Scarlett 19-6.

MYERS: But who won? Who won?

COSTELLO: What was the temperature?

MYERS: Ohio State won, right, Carol?

COSTELLO: Ohio State did win.

MYERS: See. When you play yourself, you can't lose. You're undefeated. COSTELLO: Funny. There were plenty of Ohio State fans who had other things to watch over this weekend, like the NFL draft. And they got to see one of their most controversial alumni get drafted by the Denver Broncos.

If he didn't graduate, is he an alumni? I don't know.

MYERS: I don't think so.

COSTELLO: Maurice Clarett was taken with the final -- taken in the -- was taken in the final pick of the third round. Clarett, you might remember, sued to get into the draft last year, but lost. And now he says he will be a model citizen in Denver and that the past is like water under the bridge.

MYERS: He was picked 101, which is actually much higher than they thought he would go. But the Denver Broncos took a chance on him. Now he doesn't have to be good. Now he's a pro, right?

COSTELLO: Now he doesn't have to be good, now he's a pro. Well, he's got to be good, or he's got to really behave, because he didn't behave very well when he was at Ohio State either. So we'll see.

I was surprised. I didn't think anyone would take him.

MYERS: Oh, he's a huge talent, Carol. He's just got to put his head on top of that, and he can run the ball. And in Denver's defense, they need somebody back there in running back, and they took a really good running back.

COSTELLO: So when it comes down to it, winning is all that really matters.

MYERS: Well, if he can get his head on straight, what does it matter? Everybody gets a second chance. Everybody can mess up once, right -- or twice?

COSTELLO: I'm becoming a little nauseated now.

MYERS: Or three times?

COSTELLO: All right. Here's what's all new in the next half- hour of DAYBREAK.

The congressional filibuster, it's been used and abused down through the years. A little history of the filibuster in eight minutes.

And a reminder. Our e-mail "Question of the Day," Frist and Justice Sunday, religious exploitation or political partnership? E- mail us, DAYBREAK@CNN.com. That's DAYBREAK@CNN.com.

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