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CNN Live At Daybreak

Security Upgrades; Teacher Fired; Gay Custody Battle

Aired May 09, 2005 - 06:29   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: Turning now to matters of your security. The government spent about $4.5 billion on anti-terror equipment after 9/11. But "The New York Times" is reporting much of that equipment is ineffective and has done very little to improve our security. Now the "Times" says more money will be spent to make changes.
On the phone to talk about that is Clark Kent Ervin, a former inspector general with Homeland Security and our CNN security analyst.

Good morning, Clark.

CLARK KENT ERVIN, CNN SECURITY ANALYST: Good morning, Carol.

COSTELLO: Well, let's run through the graphics we have for folks. This is what "The New York Times" is reporting. For checked baggage screening, the government spent $3.2 billion, and there are problems associated with the methods. False alarms and the location slows down the process. This is an amazing amount of money to have these kinds of problems still exist. What's your opinion?

ERVIN: Well, that's exactly right, Carol. It's understandable that, of course, the government was in crisis mode immediately after 9/11 and the weeks and months immediately following. So, it's understandable that in that very early period we deployed technology so quickly that we really didn't test it to make sure that it was working properly.

But it's really inexcusable that four years after 9/11 almost, and two years after the creation of the Department of Homeland Security, we still have technology that doesn't work well. We're only marginally safer than we were on 9/11, and that's unacceptable.

COSTELLO: Let's go to the next graphic now. This is for passenger and carry-on baggage screening. The amount spent: $112 million. The problems: x-ray machines miss certain objects, and trace-detection machines are unreliable. So, you always hear officials coming out and saying that we're a lot safer after 9/11. Should we believe them?

ERVIN: Well, it depends on what you're talking about. More has been done in the area of aviation security than anything else. And the TSA is right to say that what happens in the airport is only one layer of security. It's a very important layer of security, needless to say, but it's not the only one. Cockpits are hardened. Some pilots are armed. The number of air marshals has increased dramatically. But needless to say, it's very, very significant, and it's very troubling that the problems that the "Times" reported in the airports continue to this day.

COSTELLO: OK. Next graphic. This is for port and border screening. Amount spent: $500 million. The problems: radiation monitors miss certain materials. They give false positives for others. Apparently, even fruit can give off radiation, and that might set off a detector. So, how much will it cost to replace this stuff? And how fast can it be replaced?

ERVIN: Well, according to the "Times," the Department of Homeland Security is planning to spend an additional $7 billion or so to correct the invulnerabilities that the presently-deployed equipment contains. There was also a mention in the "Times" that we're going to have to begin to take the same approach to homeland security that we have taken for years to defense. We've really spared no expense to make sure that we are protected against military attacks. And after all, the homeland is really the first line of defense against any attack on this country.

So, we're going to have to spend significantly more. We're going to have to deploy this equipment quickly. But we're also going to have to test it to make sure that it's reliable and effective.

COSTELLO: Clark Kent Ervin, CNN security analyst, joining DAYBREAK this morning. Thank you.

Be sure to stay tuned to CNN day and night for the most reliable news about your security.

Another missing person and another desperate police search. "AMERICAN MORNING" is following the story. Soledad O'Brien joins us now with a preview.

Good morning -- Soledad.

SOLEDAD O'BRIEN, CNN ANCHOR: Hey, Carol, good morning to you.

Yes, we have the very latest on the story of a missing Pennsylvania college student. His name is Patrick Welsh, and he disappeared last month after boarding a train to New York. Supposedly, he was going to go visit some friends. Well, now police are turning to fans of Welsh's favorite rock band called Rat Dog. They're hoping to find some leads there. We're going to check in with Patrick Welsh's father and ask him why.

Also this morning, Carol, a problem that could affect as many as 15 million women, a midlife crisis. Research shows that women are actually more likely than men to have one. Many don't know how to cope, though. And we're going to have some advice. That's all ahead on "AMERICAN MORNING" this morning, Carol, at the top of the hour.

COSTELLO: We'll catch you there. Thank you, Soledad.

Still to come on DAYBREAK, a popular teacher takes a stand against a football player. And, boy, does he get sacked. He'll join us live with his side of the story.

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

(COMMERCIAL BREAK)

COSTELLO: The international markets, let's take a look. They're starting the week in negative territory. Tokyo's Nikkei is down nearly 21 points, the London FTSE down around 16 points, and the German DAX down just about 20 points.

Here's a look at stories that will be making news in the week ahead.

Today, victory and Europe celebrations will dominate the news. We've been telling you about President Bush and other world leaders in Moscow, marking 60 years since the allied victory over Nazi Germany in World War II.

Tomorrow, German leaders will unveil a monument to the Holocaust in Berlin. It will honor the six million European Jews killed by Hitler's henchmen.

On Wednesday, the prestigious Cannes Film Festival opens. "Star Wars Episode 3: Revenge of the Sith" will make its debut at this year's event.

And on Thursday, the focus will be on John Bolton, the president's controversial choice to be ambassador to the United Nations. His vote is scheduled before the Senate Foreign Relations Committee, and he's expected to win a party-line vote.

Let's talk about education now. Get this. A high school kid falls asleep in class and is docked a grade. The physics teacher warned him and other students that this was the rule. The twist? The kid was a football star, and the school wasn't too happy about the teacher's actions. Guess what? The teacher has been fired.

The teacher's name is Larry Neace. The high school, Decula High School. And Larry is right here with us live in Atlanta.

Good morning, Mr. Neace.

LARRY NEACE, FIRED TEACHER: Good morning.

COSTELLO: So, tell us about this rule that you had in class.

NEACE: Well, the rule is stated in my syllabus, and it's very, very plain that if a student wastes time during a classroom lab or an assignment that they will be either given a zero for it or docked points for it.

COSTELLO: So, you look out into the class and this kid is, what, fast asleep?

NEACE: Well, I handed the assignment out with about 20 minutes left in class. And after I handed the assignment out and gave the class a directive to work on the assignment for the entire rest of the period, he and another student put their heads down and went to sleep.

COSTELLO: He got a perfect score on the test, though, didn't he?

NEACE: Well, yes. And at the end of the class period, I realized there was not quite enough time for the class to finish up the assignment, so I said you can turn it in, in about 5 or 10 minutes in the next day. And he turned it in. And I graded it without looking at the names, and then when I went to put it in the grade book I noticed that I had made a note that he and another student were sleeping. So, I cut the grade in half.

COSTELLO: So, do you do this to students all the time? I mean, this isn't unusual in your class at all.

NEACE: Well, I've had the policy for 10-15 years, but it's very rare when this type of incident would occur.

COSTELLO: All right. Because you know what the school is saying, and I'm going to read you a quote from a school official. It says: "This case is not about a student athlete or the principal's actions. This case is about Mr. Neace's action and his repeated failure to comply with school board policy." And that's from Sloan Roach, who is the spokeswoman for the Gwinnett County schools.

In other words, it's against school policy to punish students through grades.

NEACE: This was not a punishment. This was a classroom activity, and they are graded on that. There is a provision both by the Decula High School handbook and by the Gwinnett school policy manual that I can give a grade for classroom participation or ongoing classroom activities. And that's what I based the grade on. He was not participating in class. It was not the fact that he was asleep. It was the fact that he was not participating in class as he was told to do.

COSTELLO: Mr. Neace, is this because this kid was a football star? Is that why the school got so angry about this particular kid and his grade?

NEACE: I'm not sure about that. That is what the people have been telling me. All I know is that he is a football player. That is true. And he's a good one from what I understand. And he complained to his father, and his father came in to talk to the principal about it. But if that was the motive behind it, that I'm not sure of.

COSTELLO: So, now you've been fired. What's the next step?

NEACE: Well, we have an appeals process. We can go through the State Board of Education with an appeal. And my attorneys are working on that right now. I'm to meet with them on Tuesday to plot a kind of course of action.

COSTELLO: Well, Mr. Neace, much luck to you.

NEACE: Well, thank you. COSTELLO: And by the way, you've been, what, teaching at that school for some 20 years?

NEACE: Twenty-three years.

COSTELLO: All right. Mr. Neace, good luck to you. Thank you for joining DAYBREAK.

NEACE: Thank you. Well, thank you very much.

COSTELLO: They tooled around in Putin's car, but was it just for show? "AMERICAN MORNING" digs deeper into the state of U.S.-Russian relations today.

And that was quite a sight, Bill.

BILL HEMMER, CNN ANCHOR: Yes, I'll tell you, I think that's the image so far from the trip, and maybe the lasting image after he comes back here. President Bush in Moscow, Carol, you know that, this morning for VE-Day ceremonies. He was with Russia's president, Vladimir Putin, putting aside recent tensions. What is being said, though, behind the cameras? We'll talk to Dan Bartlett this morning. He's live in Moscow, traveling with the president, communications director of the White House.

Also, "Paging Dr. Gupta," exploring the real world science between those hit "CSI" shows. Today, a relatively new field. It's called underwater forensics, and we'll examine the team this morning reinventing how police solves certain crimes, very touch stuff, too, when you're below the water like that. So much interference is caused because of it, but we'll show you a fascinating look at that, Carol.

It's Monday. It feels like it. We'll see you in 15 minutes, all right?

COSTELLO: It does. But only four days until Friday.

HEMMER: Who's counting, right?

COSTELLO: Thanks, Bill.

HEMMER: See you, later.

COSTELLO: First, they fought for the right to marry, and now gay couples confront the pain that comes when those marriages dissolve. Ahead on DAYBREAK, a look at a bitter custody battle and the child caught in the middle.

(COMMERCIAL BREAK)

COSTELLO: A 3-year-old girl is caught in the middle of a bitter custody battle between a same-sex couple. The couple split up. Now, two women claim they're the toddler's mommy.

CNN's Maria Hinojosa is here with more on this unusual legal dispute. MARIA HINOJOSA, CNN CORRESPONDENT: It's true. You know, Carol, there are a lot of people in this country who are very deeply divided on the issue of legal same-sex unions. But in some parts of the country, it's already a reality like in Vermont. What comes after marriage, in some cases, divorce, custody battles. But when you're dealing with same-sex couples, it's a whole new ball of wax here.

So, let's listen to this story about these two mommies and their two daughters in Vermont -- their one daughter in Vermont.

(BEGIN VIDEOTAPE)

HINOJOSA (voice over): It was a storybook love affair. Janet Jenkins and Lisa Miller were so committed to each other they moved from Virginia to Vermont to be as close to legally married as possible, a civil union.

JANET MILLER-JENKINS: Of course, we were ecstatic about that, because we knew we wanted to be together. We knew that we wanted to have a future together, be married.

LISA MILLER-JENKINS: I was in the lifestyle for a while before I met Janet. And I still had always wanted a child.

HINOJOSA: This couple was so in love they legally changed their last names to Miller-Jenkins. So devoted, they had the baby girl they both dreamed of, Isabella. Born to Lisa three years ago, they had plans for baby number two.

But storybook love affairs sometimes have unhappy endings. That's exactly what happened to these two mommies, when Janet and Lisa split. An ugly custody battle of mother versus mother broke out over little Isabella Miller-Jenkins.

J. MILLER-JENKINS: Justice will be served for Isabella. I believe that. And I'll do whatever it takes. I'll be with her for as long as I can, or I'll be without her for as long as I have to, but I'm her mom. She's born here. She's always here.

L. MILLER-JENKINS: I am Isabella's mom. I did conceive her. I birthed her. I'm raising her. And in my opinion, Isabella needs to stay with me 100 percent of the time, because I am the only person that she identifies as a mom.

HINOJOSA: Welcome to the unchartered legal territory of gay divorce. With varying marriage laws in every state, gay breakups can get really nasty.

After Lisa and Janet ended their civil union, Vermont ordered them to share custody of Isabella. So Lisa, her biological mother, moved the baby back to Virginia, where same-sex unions are not recognized. And Lisa took the confrontation one step further. She says she is no longer a lesbian.

L. MILLER-JENKINS: I would say a sin is a sin, whether it's stealing, whether it's homosexuality. And if it goes against God, as a Christian, I have every right -- not every right, but I need to follow God's teachings.

J. MILLER-JENKINS: She was married to a man. She left him for a woman. She has been with other women. She fell in love with me, wanted to have a family with me.

HINOJOSA: Lisa then hired a conservative, Southern law firm, the Liberty Counsel, and challenged the Vermont custody ruling.

RENA LINDEVALDSEN, LIBERTY COUNSEL: She has the right as a mom to decide who her child sees and who it doesn't. And it's not the courts' place to say, to make up, sort of an artificial family, when she only has one mom, and that's Lisa.

HINOJOSA: The state of Virginia refused to recognize Vermont's custody order, that Isabella should be shared by both Lisa and Janet.

L. MILLER-JENKINS: I wanted a clean slate. And the only way I could do that was to totally sever ties; that there would be no ties.

J. MILLER-JENKINS: This would not be happening if this was a heterosexual marriage with a divorce and custody.

HINOJOSA: Today, Janet runs a day care center out of the home she once shared with Lisa and baby Isabella. The only traces of Isabella here are photographs, everywhere, in the kitchen, at Janet's desk, in the living room, where Isabella used to play.

J. MILLER-JENKINS: This is Isabella and her grandparents, my parents. I love Lisa. I have no malice towards her. And I absolutely love and adore Isabella.

HINOJOSA: In Virginia, Lisa also runs a day care center and is raising Isabella on her own. She never mentions Janet's name.

L. MILLER-JENKINS: I do feel sorry for her. But, again, I have to be concerned about the welfare of my daughter.

HINOJOSA: In Vermont, Michael Thornton entrusts Janet with his adopted children. He understands her situation.

MICHAEL THORNTON, FATHER OF ADOPTED CHILDREN: We're not the biological parents of our children, too. But if someone were to say we couldn't see them because of that, you know, I just can't imagine what we would do.

HINOJOSA: Back in Virginia, Lisa's conservative lawyers see this as a case of natural biology over what they call unnatural families.

LINDEVALDSEN: People need to care about this issue, because this issue is not going away and it's going to get bigger. This is a cultural battle that is ongoing, and this is just the beginning.

HINOJOSA: This legal war between Janet and Lisa, Vermont and Virginia, continues but this is not a simple custody case. This is a fight over the definition of motherhood and family itself. L. MILLER-JENKINS: A mom takes care of a child in more ways than just holding the child. Getting a picture taken with her. There is everything involved, feeding, bathing and, again, nursing for the first 14 months of life, constantly. She was never away from me, not even while sleeping.

J. MILLER-JENKINS: Isabella slept on my chest for the first year-and-a-half of her life, because we did the family bed. Lisa would nurse her, and then I would immediately take her and change her, walk her. She'd go to sleep on me. And then two hours later we'd do it all over again. That's a mother. That's me.

(END VIDEOTAPE)

HINOJOSA: So, what happened is that Janet went this weekend, this Mother's Day weekend, to Virginia to make herself available to see the child. It didn't happen. She went back last night, very distraught, says the lawyers didn't return her calls. And meanwhile, this is at the court of appeals in Virginia.

COSTELLO: Unbelievable. So perhaps the smartest thing that Lisa could have done is moved to a conservative part of Virginia. If she had moved to Massachusetts, it might have been a different story.

HINOJOSA: It could have been a different story, but, you know, the fact is that these battles can get so ugly because there aren't any -- there is no law out there for same-sex couples.

COSTELLO: It's ugly with heterosexuals.

HINOJOSA: Exactly. And then you add to it the fact that there are no laws that are really focusing on same-sex divorce, and that's where it can get, according to one lawyer we spoke to, it gets so viscous you have never even seen it in heterosexual couple divorces.

COSTELLO: Fascinating story. Maria Hinojosa, thank you very much.

HINOJOSA: My pleasure.

COSTELLO: It is 6:53 Eastern. Here is what will be making news today.

Today marks four years since President Bush sent his first list of judges to the Senate. And Democrats and Republicans are still battling over judicial nominations. They'll hold a news conference on the filibuster fight today.

Also today, Michael Jackson's attorneys begin their first full week of trying to refute the prosecution's claim that the singer has a history of molesting young boys.

And the fiance of Georgia's runaway bride will speak to the press and the Duluth City Council. It's the first time the general public will have the opportunity to voice any thoughts or concerns. I'd love to be -- actually, we will be a fly on the wall. And we'll bring it to you, too.

We didn't have time for the coffee quiz on Friday.

ROB MARCIANO, CNN METEOROLOGIST: I know.

COSTELLO: But you're backtracking. So, give that coffee mug away, Rob.

MARCIANO: All right. Here with Thursday's questions. What movie theater chain will publish actual start times for movies? The answer to that question is Lowe's Theaters. And the second question is, what is the name of the new urban blend of music? Reggaeton.

The winner, Kim Austin from Spartanburg, South Carolina. Kim, you're the winner of a DAYBREAK coffee mug. Congratulations.

Today's questions. We showed you a Coast Guard rescue off the coast of what state? That's today's question if you want a chance to win a coffee mug. The second question is, a Georgia high school football player fell asleep during class in which subject?

Submit your question -- or your answer to the question online. The address is CNN.com/daybreak. Find out if you won tomorrow, tomorrow morning right here.

COSTELLO: Admirably done. Thank you, Rob.

MARCIANO: OK.

COSTELLO: You are watching DAYBREAK for a Monday.

MARCIANO: See you, Carol.

(COMMERCIAL BREAK)

COSTELLO: "Now in the News."

A huge World War II celebration this morning in Moscow's Red Square. President Bush and Putin talked politics earlier in their visit, but today was reserved for the big parade celebrating the defeat of Nazi Germany 60 years ago.

U.S. military officials say 75 insurgents and so-called foreign fighters have been killed in fierce fighting in Iraq's Anbar province west of Baghdad. The fighting results from a major U.S. offensive going on right now near the Syrian border.

The family of an Australian held hostage in Iraq says it will make a donation to the Iraqi people. Douglas Wood appeared on video, shown last week on Arab television. No word on how much money the family is offering.

More good news for drivers. Kind of. Gas prices have dropped another 3 cents over the past two weeks. The reason? Higher crude oil and gasoline supplies. The average price for a gallon of self- serve regular is now $2.21. (WEATHER REPORT)

COSTELLO: I'm Carol Costello along with Rob Marciano today. "AMERICAN MORNING" starts right now.

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 May 9, 2005 - 06:29   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Turning now to matters of your security. The government spent about $4.5 billion on anti-terror equipment after 9/11. But "The New York Times" is reporting much of that equipment is ineffective and has done very little to improve our security. Now the "Times" says more money will be spent to make changes.
On the phone to talk about that is Clark Kent Ervin, a former inspector general with Homeland Security and our CNN security analyst.

Good morning, Clark.

CLARK KENT ERVIN, CNN SECURITY ANALYST: Good morning, Carol.

COSTELLO: Well, let's run through the graphics we have for folks. This is what "The New York Times" is reporting. For checked baggage screening, the government spent $3.2 billion, and there are problems associated with the methods. False alarms and the location slows down the process. This is an amazing amount of money to have these kinds of problems still exist. What's your opinion?

ERVIN: Well, that's exactly right, Carol. It's understandable that, of course, the government was in crisis mode immediately after 9/11 and the weeks and months immediately following. So, it's understandable that in that very early period we deployed technology so quickly that we really didn't test it to make sure that it was working properly.

But it's really inexcusable that four years after 9/11 almost, and two years after the creation of the Department of Homeland Security, we still have technology that doesn't work well. We're only marginally safer than we were on 9/11, and that's unacceptable.

COSTELLO: Let's go to the next graphic now. This is for passenger and carry-on baggage screening. The amount spent: $112 million. The problems: x-ray machines miss certain objects, and trace-detection machines are unreliable. So, you always hear officials coming out and saying that we're a lot safer after 9/11. Should we believe them?

ERVIN: Well, it depends on what you're talking about. More has been done in the area of aviation security than anything else. And the TSA is right to say that what happens in the airport is only one layer of security. It's a very important layer of security, needless to say, but it's not the only one. Cockpits are hardened. Some pilots are armed. The number of air marshals has increased dramatically. But needless to say, it's very, very significant, and it's very troubling that the problems that the "Times" reported in the airports continue to this day.

COSTELLO: OK. Next graphic. This is for port and border screening. Amount spent: $500 million. The problems: radiation monitors miss certain materials. They give false positives for others. Apparently, even fruit can give off radiation, and that might set off a detector. So, how much will it cost to replace this stuff? And how fast can it be replaced?

ERVIN: Well, according to the "Times," the Department of Homeland Security is planning to spend an additional $7 billion or so to correct the invulnerabilities that the presently-deployed equipment contains. There was also a mention in the "Times" that we're going to have to begin to take the same approach to homeland security that we have taken for years to defense. We've really spared no expense to make sure that we are protected against military attacks. And after all, the homeland is really the first line of defense against any attack on this country.

So, we're going to have to spend significantly more. We're going to have to deploy this equipment quickly. But we're also going to have to test it to make sure that it's reliable and effective.

COSTELLO: Clark Kent Ervin, CNN security analyst, joining DAYBREAK this morning. Thank you.

Be sure to stay tuned to CNN day and night for the most reliable news about your security.

Another missing person and another desperate police search. "AMERICAN MORNING" is following the story. Soledad O'Brien joins us now with a preview.

Good morning -- Soledad.

SOLEDAD O'BRIEN, CNN ANCHOR: Hey, Carol, good morning to you.

Yes, we have the very latest on the story of a missing Pennsylvania college student. His name is Patrick Welsh, and he disappeared last month after boarding a train to New York. Supposedly, he was going to go visit some friends. Well, now police are turning to fans of Welsh's favorite rock band called Rat Dog. They're hoping to find some leads there. We're going to check in with Patrick Welsh's father and ask him why.

Also this morning, Carol, a problem that could affect as many as 15 million women, a midlife crisis. Research shows that women are actually more likely than men to have one. Many don't know how to cope, though. And we're going to have some advice. That's all ahead on "AMERICAN MORNING" this morning, Carol, at the top of the hour.

COSTELLO: We'll catch you there. Thank you, Soledad.

Still to come on DAYBREAK, a popular teacher takes a stand against a football player. And, boy, does he get sacked. He'll join us live with his side of the story.

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

(COMMERCIAL BREAK)

COSTELLO: The international markets, let's take a look. They're starting the week in negative territory. Tokyo's Nikkei is down nearly 21 points, the London FTSE down around 16 points, and the German DAX down just about 20 points.

Here's a look at stories that will be making news in the week ahead.

Today, victory and Europe celebrations will dominate the news. We've been telling you about President Bush and other world leaders in Moscow, marking 60 years since the allied victory over Nazi Germany in World War II.

Tomorrow, German leaders will unveil a monument to the Holocaust in Berlin. It will honor the six million European Jews killed by Hitler's henchmen.

On Wednesday, the prestigious Cannes Film Festival opens. "Star Wars Episode 3: Revenge of the Sith" will make its debut at this year's event.

And on Thursday, the focus will be on John Bolton, the president's controversial choice to be ambassador to the United Nations. His vote is scheduled before the Senate Foreign Relations Committee, and he's expected to win a party-line vote.

Let's talk about education now. Get this. A high school kid falls asleep in class and is docked a grade. The physics teacher warned him and other students that this was the rule. The twist? The kid was a football star, and the school wasn't too happy about the teacher's actions. Guess what? The teacher has been fired.

The teacher's name is Larry Neace. The high school, Decula High School. And Larry is right here with us live in Atlanta.

Good morning, Mr. Neace.

LARRY NEACE, FIRED TEACHER: Good morning.

COSTELLO: So, tell us about this rule that you had in class.

NEACE: Well, the rule is stated in my syllabus, and it's very, very plain that if a student wastes time during a classroom lab or an assignment that they will be either given a zero for it or docked points for it.

COSTELLO: So, you look out into the class and this kid is, what, fast asleep?

NEACE: Well, I handed the assignment out with about 20 minutes left in class. And after I handed the assignment out and gave the class a directive to work on the assignment for the entire rest of the period, he and another student put their heads down and went to sleep.

COSTELLO: He got a perfect score on the test, though, didn't he?

NEACE: Well, yes. And at the end of the class period, I realized there was not quite enough time for the class to finish up the assignment, so I said you can turn it in, in about 5 or 10 minutes in the next day. And he turned it in. And I graded it without looking at the names, and then when I went to put it in the grade book I noticed that I had made a note that he and another student were sleeping. So, I cut the grade in half.

COSTELLO: So, do you do this to students all the time? I mean, this isn't unusual in your class at all.

NEACE: Well, I've had the policy for 10-15 years, but it's very rare when this type of incident would occur.

COSTELLO: All right. Because you know what the school is saying, and I'm going to read you a quote from a school official. It says: "This case is not about a student athlete or the principal's actions. This case is about Mr. Neace's action and his repeated failure to comply with school board policy." And that's from Sloan Roach, who is the spokeswoman for the Gwinnett County schools.

In other words, it's against school policy to punish students through grades.

NEACE: This was not a punishment. This was a classroom activity, and they are graded on that. There is a provision both by the Decula High School handbook and by the Gwinnett school policy manual that I can give a grade for classroom participation or ongoing classroom activities. And that's what I based the grade on. He was not participating in class. It was not the fact that he was asleep. It was the fact that he was not participating in class as he was told to do.

COSTELLO: Mr. Neace, is this because this kid was a football star? Is that why the school got so angry about this particular kid and his grade?

NEACE: I'm not sure about that. That is what the people have been telling me. All I know is that he is a football player. That is true. And he's a good one from what I understand. And he complained to his father, and his father came in to talk to the principal about it. But if that was the motive behind it, that I'm not sure of.

COSTELLO: So, now you've been fired. What's the next step?

NEACE: Well, we have an appeals process. We can go through the State Board of Education with an appeal. And my attorneys are working on that right now. I'm to meet with them on Tuesday to plot a kind of course of action.

COSTELLO: Well, Mr. Neace, much luck to you.

NEACE: Well, thank you. COSTELLO: And by the way, you've been, what, teaching at that school for some 20 years?

NEACE: Twenty-three years.

COSTELLO: All right. Mr. Neace, good luck to you. Thank you for joining DAYBREAK.

NEACE: Thank you. Well, thank you very much.

COSTELLO: They tooled around in Putin's car, but was it just for show? "AMERICAN MORNING" digs deeper into the state of U.S.-Russian relations today.

And that was quite a sight, Bill.

BILL HEMMER, CNN ANCHOR: Yes, I'll tell you, I think that's the image so far from the trip, and maybe the lasting image after he comes back here. President Bush in Moscow, Carol, you know that, this morning for VE-Day ceremonies. He was with Russia's president, Vladimir Putin, putting aside recent tensions. What is being said, though, behind the cameras? We'll talk to Dan Bartlett this morning. He's live in Moscow, traveling with the president, communications director of the White House.

Also, "Paging Dr. Gupta," exploring the real world science between those hit "CSI" shows. Today, a relatively new field. It's called underwater forensics, and we'll examine the team this morning reinventing how police solves certain crimes, very touch stuff, too, when you're below the water like that. So much interference is caused because of it, but we'll show you a fascinating look at that, Carol.

It's Monday. It feels like it. We'll see you in 15 minutes, all right?

COSTELLO: It does. But only four days until Friday.

HEMMER: Who's counting, right?

COSTELLO: Thanks, Bill.

HEMMER: See you, later.

COSTELLO: First, they fought for the right to marry, and now gay couples confront the pain that comes when those marriages dissolve. Ahead on DAYBREAK, a look at a bitter custody battle and the child caught in the middle.

(COMMERCIAL BREAK)

COSTELLO: A 3-year-old girl is caught in the middle of a bitter custody battle between a same-sex couple. The couple split up. Now, two women claim they're the toddler's mommy.

CNN's Maria Hinojosa is here with more on this unusual legal dispute. MARIA HINOJOSA, CNN CORRESPONDENT: It's true. You know, Carol, there are a lot of people in this country who are very deeply divided on the issue of legal same-sex unions. But in some parts of the country, it's already a reality like in Vermont. What comes after marriage, in some cases, divorce, custody battles. But when you're dealing with same-sex couples, it's a whole new ball of wax here.

So, let's listen to this story about these two mommies and their two daughters in Vermont -- their one daughter in Vermont.

(BEGIN VIDEOTAPE)

HINOJOSA (voice over): It was a storybook love affair. Janet Jenkins and Lisa Miller were so committed to each other they moved from Virginia to Vermont to be as close to legally married as possible, a civil union.

JANET MILLER-JENKINS: Of course, we were ecstatic about that, because we knew we wanted to be together. We knew that we wanted to have a future together, be married.

LISA MILLER-JENKINS: I was in the lifestyle for a while before I met Janet. And I still had always wanted a child.

HINOJOSA: This couple was so in love they legally changed their last names to Miller-Jenkins. So devoted, they had the baby girl they both dreamed of, Isabella. Born to Lisa three years ago, they had plans for baby number two.

But storybook love affairs sometimes have unhappy endings. That's exactly what happened to these two mommies, when Janet and Lisa split. An ugly custody battle of mother versus mother broke out over little Isabella Miller-Jenkins.

J. MILLER-JENKINS: Justice will be served for Isabella. I believe that. And I'll do whatever it takes. I'll be with her for as long as I can, or I'll be without her for as long as I have to, but I'm her mom. She's born here. She's always here.

L. MILLER-JENKINS: I am Isabella's mom. I did conceive her. I birthed her. I'm raising her. And in my opinion, Isabella needs to stay with me 100 percent of the time, because I am the only person that she identifies as a mom.

HINOJOSA: Welcome to the unchartered legal territory of gay divorce. With varying marriage laws in every state, gay breakups can get really nasty.

After Lisa and Janet ended their civil union, Vermont ordered them to share custody of Isabella. So Lisa, her biological mother, moved the baby back to Virginia, where same-sex unions are not recognized. And Lisa took the confrontation one step further. She says she is no longer a lesbian.

L. MILLER-JENKINS: I would say a sin is a sin, whether it's stealing, whether it's homosexuality. And if it goes against God, as a Christian, I have every right -- not every right, but I need to follow God's teachings.

J. MILLER-JENKINS: She was married to a man. She left him for a woman. She has been with other women. She fell in love with me, wanted to have a family with me.

HINOJOSA: Lisa then hired a conservative, Southern law firm, the Liberty Counsel, and challenged the Vermont custody ruling.

RENA LINDEVALDSEN, LIBERTY COUNSEL: She has the right as a mom to decide who her child sees and who it doesn't. And it's not the courts' place to say, to make up, sort of an artificial family, when she only has one mom, and that's Lisa.

HINOJOSA: The state of Virginia refused to recognize Vermont's custody order, that Isabella should be shared by both Lisa and Janet.

L. MILLER-JENKINS: I wanted a clean slate. And the only way I could do that was to totally sever ties; that there would be no ties.

J. MILLER-JENKINS: This would not be happening if this was a heterosexual marriage with a divorce and custody.

HINOJOSA: Today, Janet runs a day care center out of the home she once shared with Lisa and baby Isabella. The only traces of Isabella here are photographs, everywhere, in the kitchen, at Janet's desk, in the living room, where Isabella used to play.

J. MILLER-JENKINS: This is Isabella and her grandparents, my parents. I love Lisa. I have no malice towards her. And I absolutely love and adore Isabella.

HINOJOSA: In Virginia, Lisa also runs a day care center and is raising Isabella on her own. She never mentions Janet's name.

L. MILLER-JENKINS: I do feel sorry for her. But, again, I have to be concerned about the welfare of my daughter.

HINOJOSA: In Vermont, Michael Thornton entrusts Janet with his adopted children. He understands her situation.

MICHAEL THORNTON, FATHER OF ADOPTED CHILDREN: We're not the biological parents of our children, too. But if someone were to say we couldn't see them because of that, you know, I just can't imagine what we would do.

HINOJOSA: Back in Virginia, Lisa's conservative lawyers see this as a case of natural biology over what they call unnatural families.

LINDEVALDSEN: People need to care about this issue, because this issue is not going away and it's going to get bigger. This is a cultural battle that is ongoing, and this is just the beginning.

HINOJOSA: This legal war between Janet and Lisa, Vermont and Virginia, continues but this is not a simple custody case. This is a fight over the definition of motherhood and family itself. L. MILLER-JENKINS: A mom takes care of a child in more ways than just holding the child. Getting a picture taken with her. There is everything involved, feeding, bathing and, again, nursing for the first 14 months of life, constantly. She was never away from me, not even while sleeping.

J. MILLER-JENKINS: Isabella slept on my chest for the first year-and-a-half of her life, because we did the family bed. Lisa would nurse her, and then I would immediately take her and change her, walk her. She'd go to sleep on me. And then two hours later we'd do it all over again. That's a mother. That's me.

(END VIDEOTAPE)

HINOJOSA: So, what happened is that Janet went this weekend, this Mother's Day weekend, to Virginia to make herself available to see the child. It didn't happen. She went back last night, very distraught, says the lawyers didn't return her calls. And meanwhile, this is at the court of appeals in Virginia.

COSTELLO: Unbelievable. So perhaps the smartest thing that Lisa could have done is moved to a conservative part of Virginia. If she had moved to Massachusetts, it might have been a different story.

HINOJOSA: It could have been a different story, but, you know, the fact is that these battles can get so ugly because there aren't any -- there is no law out there for same-sex couples.

COSTELLO: It's ugly with heterosexuals.

HINOJOSA: Exactly. And then you add to it the fact that there are no laws that are really focusing on same-sex divorce, and that's where it can get, according to one lawyer we spoke to, it gets so viscous you have never even seen it in heterosexual couple divorces.

COSTELLO: Fascinating story. Maria Hinojosa, thank you very much.

HINOJOSA: My pleasure.

COSTELLO: It is 6:53 Eastern. Here is what will be making news today.

Today marks four years since President Bush sent his first list of judges to the Senate. And Democrats and Republicans are still battling over judicial nominations. They'll hold a news conference on the filibuster fight today.

Also today, Michael Jackson's attorneys begin their first full week of trying to refute the prosecution's claim that the singer has a history of molesting young boys.

And the fiance of Georgia's runaway bride will speak to the press and the Duluth City Council. It's the first time the general public will have the opportunity to voice any thoughts or concerns. I'd love to be -- actually, we will be a fly on the wall. And we'll bring it to you, too.

We didn't have time for the coffee quiz on Friday.

ROB MARCIANO, CNN METEOROLOGIST: I know.

COSTELLO: But you're backtracking. So, give that coffee mug away, Rob.

MARCIANO: All right. Here with Thursday's questions. What movie theater chain will publish actual start times for movies? The answer to that question is Lowe's Theaters. And the second question is, what is the name of the new urban blend of music? Reggaeton.

The winner, Kim Austin from Spartanburg, South Carolina. Kim, you're the winner of a DAYBREAK coffee mug. Congratulations.

Today's questions. We showed you a Coast Guard rescue off the coast of what state? That's today's question if you want a chance to win a coffee mug. The second question is, a Georgia high school football player fell asleep during class in which subject?

Submit your question -- or your answer to the question online. The address is CNN.com/daybreak. Find out if you won tomorrow, tomorrow morning right here.

COSTELLO: Admirably done. Thank you, Rob.

MARCIANO: OK.

COSTELLO: You are watching DAYBREAK for a Monday.

MARCIANO: See you, Carol.

(COMMERCIAL BREAK)

COSTELLO: "Now in the News."

A huge World War II celebration this morning in Moscow's Red Square. President Bush and Putin talked politics earlier in their visit, but today was reserved for the big parade celebrating the defeat of Nazi Germany 60 years ago.

U.S. military officials say 75 insurgents and so-called foreign fighters have been killed in fierce fighting in Iraq's Anbar province west of Baghdad. The fighting results from a major U.S. offensive going on right now near the Syrian border.

The family of an Australian held hostage in Iraq says it will make a donation to the Iraqi people. Douglas Wood appeared on video, shown last week on Arab television. No word on how much money the family is offering.

More good news for drivers. Kind of. Gas prices have dropped another 3 cents over the past two weeks. The reason? Higher crude oil and gasoline supplies. The average price for a gallon of self- serve regular is now $2.21. (WEATHER REPORT)

COSTELLO: I'm Carol Costello along with Rob Marciano today. "AMERICAN MORNING" starts right now.

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