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American Morning

Kennedy Pleased with Senate Deal; Feds Take Action on Viagra Scandal; Study Warns of Side Effects from Crestor

Aired May 24, 2005 - 08:30   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.


CAROL COSTELLO, ANCHOR: ... friendly fire in Afghanistan more than a year ago. But the Army initially said it was a heroic death from enemy fire. Well, now the military is apologizing for that report but maintains it did everything it could to keep the family informed of what really happened that day.
Remember Lionel Tate? He was convicted of the beating death of a 6-year-old playmate back in 2001? Well, he is back in prison this morning. Police in south Florida say Tate, now 18 years old, violated his probation when he tried to rob a pizza delivery man at gunpoint.

Tate had been the youngest person sentenced to life without parole in the United States, but his conviction was overturned on appeal.

The Rhode Island Health Department now looking into the deaths of three people who received tainted organ transplants. Authorities have traced the virus back to a hamster at the donor's home. The hamster tested positive for a rare viral infection known as LCMV. A fourth person is also believed to have become infected but is recovering this morning.

Scary, isn't it?

BILL HEMMER, CO-HOST: And a shame for the Tillman family, too. A shame that the family has to endure that and put up with that.

COSTELLO: The family wants heads to roll. I mean, it could -- it's not over.

SOLEDAD O'BRIEN, CO-HOST: Understandably, really angry at this point. Carol, thanks for the update.

Well, the U.S. Senate may vote today on controversial judicial nominee Priscilla Owen. Last night, Senate moderates reached a deal to end the fight over filibusters. Democrats agreed not to block judicial nominations except in extraordinary circumstances, and Republicans agreed not to change filibuster rules.

Massachusetts Senator Ted Kennedy joins us this morning. He's on Capitol Hill. Nice to see you, Senator Kennedy.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: Good morning.

O'BRIEN: Good morning to you. You were not, we should mention, part of this group of 14 senators who signed this agreement. So tell me, who do you think was more victorious this morning, the Democrats or the Republicans?

KENNEDY: Well, I think it clearly is a victory for the United States Senate, the institution of the United States Senate.

Secondly, I think that nuclear option, the option that was available to the Senate majority leader to unilaterally change 200 years of history, is effectively off the table.

And third, what is most important is that these senators are urging the president to involve himself and exercise the advice and consent function in working with the leadership so that we can get judges that are going to be in the mainstream. And I think finally, the right wing, the extreme right wing that were trying to sort of own the independent judiciary, took a black eye.

The bottom line is, will the Republicans now get away from this squabble? We have basically stalemated the United States Senate. We're not dealing with the key issues that are affecting working families.

The House is in squabbling over there. The stem cell research. The president now has come out strongly against that, which offers enormous opportunities for progress in terms of basic research.

Are the Republicans listening? These moderate Republicans did listen, and I think the Senate was the beneficiary.

O'BRIEN: We'll talk in just a moment about whether you think this deal is going to last forever. But look at the three people who will now, under the deal, be heading for confirmation: Priscilla Owens, Janice Rogers Brown and William Pryor. These are people that you have said are radical and out of the mainstream. So why do you support the deal?

KENNEDY: Well, first of all, I'm very hopeful that some of these Republican moderates that now feel that they can look at these nominees on the basis of the merits, rather than in the tactical, whether this is going to be a win/lose for the Republican leadership and for the president, now will really examine the fact that William Pryor, for example, wants to repeal the Voting Rights Act.

He effectively has undermined the Americans with Disabilities Ability Act, and he's really -- and he's for having the capital punishment for mentally retarded children. I mean, I think he is really out of the mainstream.

O'BRIEN: And yet, there's a really good chance, and most people will tell you he's going to be confirmed. I'm curious to know, anyway...

KENNEDY: I would hope -- I would hope that the Republican moderates now, that really took a very important step, that indicated they were not going to be part of the extreme right on this. And they weren't going to be bullied by that -- the right wing groups, the grab for power, now will look at the real records of these. And I would hope that a number of them would reject these nominees, because they're clearly out of the mainstream.

O'BRIEN: Back to the deal. Anybody who has read the deal knows that the Republicans can still at any time bring back the nuclear option. The Democrats can still filibuster, sort of as the individual preference goes.

KENNEDY: That's not quite the way that I read it.

O'BRIEN: It's not?

KENNEDY: I read that it's off the -- and I read it carefully, that effectively, the idea of the majority leader in the middle of the term to alter and change the rules of the United States Senate is effectively off the block now, for the remaining of this session.

O'BRIEN: So 18 months?

KENNEDY: Well, that's true.

O'BRIEN: And then after that, if it was so decided they could...

KENNEDY: Well, we'll have an opportunity, we're very hopeful that we're going to win some Democratic senators. But in this period of time, we will have a chance to consider, probably, another nominee for the Supreme Court of the United States Senate. And we're hopeful that whoever the president is going to nominate is going to be in the mainstream of judicial opinion. That is all that we're asking for.

You know, people forget that we've approved 95 percent of this president's judges. That's a pretty good batting average. It's only the ones that are the extreme views that are outside of the mainstream that have run into resistance. I think he's had a very good run at it, and there's no reason to basically alter and change the United States Senate just because the radical right wing, extremist wing of the Republican Party wanted to own the independent judiciary.

And what happened last night is that view was rejected by the moderates in the Senate, Republicans and Democrats. Congratulations to them.

O'BRIEN: Well, Senator Ted Kennedy joining us this morning. Nice to see you, Senator. Thanks for your time.

KENNEDY: Nice to see you. Thank you very much.

HEMMER: Want to get to this story, an update now on a story we talked about on Monday at great length.

A day after officials here in New York state revealed that nearly 200 high risk sex offenders received tax payer paid Viagra, the federal centers for Medicare and Medicaid services sending notices to state officials across the country now, advising them that they can deny coverage for convicted sex offenders. How do the states proceed now? Good question for Andy Kahan, director for the Houston Crime Victims Office. Mr. Kahan, good morning to you.

ANDY KAHAN, DIRECTOR, HOUSTON CRIME VICTIMS OFFICE: Good morning, Bill.

HEMMER: First of all, your reaction yesterday: 198 level three sex offenders in New York. What do you think?

KAHAN: Red flags immediately went up. As someone that used to supervise sex offenders many years ago, understand that sex offenders are extremely cunning, devious and diabolical.

And to me, it bode no good, particularly for public safety, when you have high risk sex offenders, those that have been deemed likely to repeat their offenses, getting their hands on sexual enhancement drugs.

And we've certainly got to applaud the federal government for taking swift and immediate reaction. And I would encourage the states to follow up immediately to ensure that sex offenders and their respective modes do not get their hands on these types of drugs.

HEMMER: I think the outrage is quite evident. And I think, also, the point you're raising about the states is where the issue goes next. States have been told they can deny this.

KAHAN: Absolutely.

HEMMER: How do you get it done? How do you implement it? How tough is it?

KAHAN: Yes, it is. Another thing that I would encourage, and again we have to start delving into different mind set. Is for the offenders currently on parole and probation, I would encourage the courts and/or parole board to now add a condition of their release that they're not allowed to be taking prescription drugs, particularly Viagra.

We're also going to have to look into delving into different areas, particularly when we're dealing with urinalysis. We might want to add an additional screen for those that come under different types of testing. We're going to have to ask them if they're using these drugs.

I mean, this is a serious, serious matter. And you're dealing with probably over thousands and thousands of sex offenders that are getting their hands on these drugs, strictly for erectile dysfunction and God knows what they're trying to do with them. This is strictly for their own enhancement and it bodes no good for public safety.

HEMMER: At the outset, you mentioned you're a former parole officer. You actually did counseling for sex offenders? Is that right? KAHAN: I wouldn't use the word counseling. It was mostly monitoring, making sure they are abiding by their rules and conditions.

And let me tell you, dealing with these individuals, we used to call them the Eddie Haskells of parole. If you remember Eddie Haskell from the old "Leave it to Beaver" claim. They know how to play the system. They are the most smart, devious, cunning and diabolical felon that you'll ever run into.

And when they're getting their hands on this type of drugs, the first -- my first reaction was, this is incredible. This is no good. It is certainly not conducive for public safety. And we've certainly got to, again, applaud the federal government for reacting swiftly. And hopefully, the states will follow in that mode.

HEMMER: You know, if they're that devious, if they are that cunning and you alluded to this in the second part of your answer a few moments ago, how does the state do a better job of tracking them?

KAHAN: You know, that's a whole other issue. I mean, this whole -- this whole Pandora's box of sex offenders has just ballooned right in our face, particularly with the incidences that are going on in Florida.

And considering the fact that you've got 25 percent of the nation's sex offenders that right now are currently not in compliance with their rules, conditions and registry requirements, you essentially have a national public safety crisis. And we have to start thinking in these modes on how we get a better grip on sex offender behavior before we turn up with the daily headlines.

I don't know about you, Bill, but I am getting sick and tired of naming laws after children who have been sexually assaulted and then murdered by repeat sexual offenders.

HEMMER: We can underline and highlight that point all too often. You put it well. Andy Kahan, thanks, down in Houston.

KAHAN: Thanks, Bill.

HEMMER: You got it -- Soledad.

O'BRIEN: A turn now to Michael Jackson's molestation trial. With the trial in the final days Jackson's lawyers are going after the accuser's mother. But before the defense rests, they want jurors to hear from two of its star witnesses.

CNN's Ted Rowlands has our report.

(BEGIN VIDEOTAPE)

JAY LENO, HOST, "THE TONIGHT SHOW": As you may have heard, I am testifying for real tomorrow, Kev, 8 in the morning.

KEVIN EUBANKS, BAND LEADER, "THE TONIGHT SHOW": All right! LENO: I'm testifying. And listen to this. I was called by the defense. I'm a defense witness, so apparently, they've never seen this program.

TED ROWLANDS, CNN CORRESPONDENT (voice-over): While he may joke about Michael Jackson on his show, Jay Leno is being called as a witness to possibly help him.

According to the defense, Leno received a phone call from the accuser in this case and felt so unnerved by it that he later called police. Leno's expected to be one of the final witnesses for the defense. Comedian Chris Tucker is also expected to testify.

Tucker, who's appeared with Jackson in a music video, is considered to be a friend of Jackson's.

JIM MORET, LEGAL ANALYST: They're not just brought in because they're celebrities, but the fact that they are celebrities will help them, because, unlike so many of the other witnesses in this case, these people have nothing to gain by coming in here. In fact, Jay Leno, perhaps, doesn't even want to come in here.

ROWLANDS: In court Monday, the defense continued to attack the credibility of the accuser's mother. Using documents furnished by the state of California, the defense established that the mother lied about her financial status when applying for and receiving welfare.

The editor of a community newspaper also testified that she felt, quote, "duped" after she said the mother pushed to get a story written about her son to raise money for medical expenses.

UNIDENTIFIED FEMALE: Michael, are you happy the case is almost over?

UNIDENTIFIED MALE: No comment.

ROWLANDS: Jackson didn't say much after court Monday. Sources tell CNN that if everything goes as expected, the jury could begin deliberating his fate within two weeks.

Ted Rowlands, CNN, Santa Maria, California.

(END VIDEOTAPE)

O'BRIEN: Once the defense is finished, the prosecution is expected to present a short rebuttal case, followed by closing arguments from both sides.

HEMMER: Nineteen minutes now before the hour, Soledad. Check of the weather. Middle part of the country, a few watch boxes going up right now.

What's happening, Chad? Good morning.

(WEATHER REPORT)

CHAD MYERS, CNN METEOROLOGIST: If you lower your standards all the way to snow, guys, this rain doesn't feel so bad.

O'BRIEN: It is amazing how that works, isn't it, Chad?

HEMMER: As you're talking, we should break the news to you, there's nothing but clouds out up there right now, Chad, by the way, right out the window.

O'BRIEN: You know, he, every time we check in with weather, he is spinning harder and harder.

HEMMER: Keep it up.

O'BRIEN: Thanks, Chad.

Well, you know, babies babble. But we all know they're saying something very brilliant. If you want a translation, Jack has got that just ahead.

HEMMER: Also, medical news in a moment. Increased worries about the side effects linked to a popular cholesterol drug. What you need to know in a moment when we continue.

(COMMERCIAL BREAK)

HEMMER: Sanjay's off today. But when it comes to lowering cholesterol, there's a new study that may suggest the drug Crestor should be used as a last resort. We asked our medical correspondent, Elizabeth Cohen, to look into that. She joins us now.

Good morning. What are they saying?

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Well, what they're saying is that perhaps all cholesterol lowering drugs are not created equal, and there may be special concerns about this drug, called Crestor.

What researchers did is they looked at side effect reports that were given to the Food and Drug Administration and what they looked at Previcol, Zocor, Lipitor and Crestor.

And what they found for Crestor is that, for certain kinds of illnesses, they were much more commonly associated with Crestor. Severe muscle damage, kidney failure, and even death was several times more common when people were taking Crestor.

Now, what exactly does this mean? Well, Crestor is a heavily advertised drug. You see it advertised all the time; $908 million in sales last year. And another drug called Bacol, another cholesterol lowering drug, it has similar problems, and it was taken off the market.

But the authors of the study say that Crestor doesn't seem to cause side effects in the same way or quite as much as Bacol appears to be associated with these side effects.

And the American Heart Association, who presented this information, said they still consider Crestor to be a safe drug.

Now, let's hear what AstraZenica had to say. AstraZenica is the company that makes this drug. They say, "We strongly disagree with the conclusions of the study. AstraZenica again reaffirms that the safety profile of Crestor is in line with other marketed statins and is a highly effective cholesterol lowering therapy."

So Bill, this is sure to cause confusion, unfortunately.

HEMMER: If you're on it, what do you do?

COHEN: What you do is you look for certain side effects. For example, what you want to do if you're having muscle aches, muscle aches all over your body, you need to tell your doctor. If you have dark urine, you need to tell your doctor. Be especially vigilant during those first three months.

And the authors of the study say talk to your doctor about other statins. The people who wrote this study said, "Look, we think that people ought to be put on other cholesterol lowering drugs first, and if those don't work, only in that case consider Crestor." They say just do the other ones first.

HEMMER: And quickly, the FDA, have they issued an opinion about whether or not this is something they would consider taking off the market?

COHEN: Well, some doctors have asked them to take Crestor off the market, but the Food and Drug Administration says no. They want to keep Crestor on the market, but they are reviewing this most recent information.

HEMMER: Nice to have you in New York.

COHEN: Thanks.

HEMMER: Thanks, Elizabeth. Here's Soledad.

O'BRIEN: Business news is up next. Carly Fiorina is out at Hewlett-Packard. Where's her next career. Andy is "Minding Your Business" up next. Stay with us. You're watching AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody.

JACK CAFFERTY, CO-HOST: Beef, it's what ranchers will pay for. And a former Fortune 500 CEO who didn't do very well at her last job is now maybe going to run for public office. Those stories and a preview of Wall Street. Andy Serwer is here, "Minding Your Business."

Just what we need, another failed executive in the political arena.

ANDY SERWER, "FORTUNE" MAGAZINE: Yes. Bar the door, right? Let's talk about this beef situation first of all. Yesterday, the Supreme Court ruled three to three that cattle ranchers in this country have to pay for those ads, "Beef, it's what's for dinner." Now I love those ads. Remember these things? Let's see if we can listen in on one of them.

Robert Mitchum, Aaron Copland's rodeo, that music playing. I love that.

Now, here's the problem. The cattle ranchers didn't like these ads. They liked the ads fine, except for the fact it didn't say "American beef." So they didn't want to pay for the ads anymore. And it's kind of unusual. You'd see this kind of public service announcement forcing ranchers to pay for this kind of thing. They pay a dollar a head for every head of cattle they sell. They have to pay the government a dollar, USDA, to do these ads.

HEMMER: Round them up.

CAFFERTY: That's nonsense.

SERWER: It's kind of strange, isn't it?

CAFFERTY: It is.

SERWER: I do like those ads, although Robert Mitchum can't do the voice-over anymore, because he's deceased, correct?

CAFFERTY: He's dead. That's definitely a problem in the recording booth.

SERWER: That is. They could probably find someone else to do them.

Let's talk about Carly Fiorina. She was in Detroit yesterday, the ex-CEO of Hewlett-Packard, talking about a possible future career. She said someone asked her, "Well, what are you going to do? Are you going to work for another company?"

She said, "I don't know." It's more likely public service that is in the future, rather than a corporate role. And she said, "Who knows? I may be back to count your votes."

Wow. Wonder what Kwame Kilpatrick says about that. I bet he's not too upset, afraid, do you?

CAFFERTY: Probably not.

SERWER: I don't think so.

Let's talk about the markets very quickly. We had a good day on Wall Street yesterday. Stocks up across the board here. Particularly, tech stocks doing well. Above that 10,500 mark on the Dow. However, futures are sagging a bit.

CAFFERTY: Profit taking the day, maybe. SERWER: Indeed.

CAFFERTY: Thanks, Andy.

SERWER: You're welcome.

CAFFERTY: Time for "The File." Many Brits will soon be unhappy about the end of happy hour. Thirty-two thousand pubs in Britain banning happy hour and drink promotions in an effort to curb alcohol related violence. The ban's effective immediately.

Prime Minister Tony Blair said binge drinking is one area of social disorder that he wants to tackle during his third term. The move to ban happy hour comes ahead of another plan that will allow some bars to stay open 24 hours a day. The government thinks this will stop all the drunks from spilling out into the street at the same time when the bars close, thus fueling fights and vandalism.

So no more happy hour, but you can stay open all night. The government at work in Britain.

HEMMER: I can't wait. Going there in a couple weeks. Can't wait.

CAFFERTY: A pair of confused storks is trying to achieve the impossible in Germany. They're trying to hatch some golf balls. They put together a nest in the middle of a golf green and filled it with stolen golf balls.

Bird experts say the next is remarkable not only for the contents but also because storks usually nest only in trees or on buildings. They think the storks may have lost their previous nest and are simply trying to make up for lost time.

And to help them out, the researchers decided to slip a real stork egg in among the Titlists.

O'BRIEN: That's nice.

CAFFERTY: So something will hatch at some point.

Japanese researchers working on a translator for baby babble, those cryptic cries, grins, grunts and gurgles. Serious science, this. Professors at Nagasaki University conducting experiments on mothers and their babies by monitoring infants' cries, facial expressions and body temperature changes.

For example, by monitoring changes in the temperature of a baby's face, as well as high or low frequencies in the sound of an infant's cries, they can figure out a baby's particular desires.

The gadget will be on the market by next year and will sell for less than 100 bucks.

HEMMER: Cool.

O'BRIEN: They're wet or they're hungry.

HEMMER: Yes. "I want milk, Ma." How about that? I'll translate.

O'BRIEN: That's that. Do I get a hundred bucks?

HEMMER: What was the Travolta film, "Look Who's Talking"? Good stuff, too. Funny!

SERWER: Pretty funny.

HEMMER: Thank you, Jack.

Top stories in a moment here. Also, back to our series this week. Vacationing with your best friends and their kids, it might sound like fun. Sometimes you can get a little too close for comfort. Tips on how to survive that family vacation with another family, next hour on AMERICAN MORNING.

(COMMERCIAL BREAK)

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Aired May 24, 2005 - 08:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, ANCHOR: ... friendly fire in Afghanistan more than a year ago. But the Army initially said it was a heroic death from enemy fire. Well, now the military is apologizing for that report but maintains it did everything it could to keep the family informed of what really happened that day.
Remember Lionel Tate? He was convicted of the beating death of a 6-year-old playmate back in 2001? Well, he is back in prison this morning. Police in south Florida say Tate, now 18 years old, violated his probation when he tried to rob a pizza delivery man at gunpoint.

Tate had been the youngest person sentenced to life without parole in the United States, but his conviction was overturned on appeal.

The Rhode Island Health Department now looking into the deaths of three people who received tainted organ transplants. Authorities have traced the virus back to a hamster at the donor's home. The hamster tested positive for a rare viral infection known as LCMV. A fourth person is also believed to have become infected but is recovering this morning.

Scary, isn't it?

BILL HEMMER, CO-HOST: And a shame for the Tillman family, too. A shame that the family has to endure that and put up with that.

COSTELLO: The family wants heads to roll. I mean, it could -- it's not over.

SOLEDAD O'BRIEN, CO-HOST: Understandably, really angry at this point. Carol, thanks for the update.

Well, the U.S. Senate may vote today on controversial judicial nominee Priscilla Owen. Last night, Senate moderates reached a deal to end the fight over filibusters. Democrats agreed not to block judicial nominations except in extraordinary circumstances, and Republicans agreed not to change filibuster rules.

Massachusetts Senator Ted Kennedy joins us this morning. He's on Capitol Hill. Nice to see you, Senator Kennedy.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: Good morning.

O'BRIEN: Good morning to you. You were not, we should mention, part of this group of 14 senators who signed this agreement. So tell me, who do you think was more victorious this morning, the Democrats or the Republicans?

KENNEDY: Well, I think it clearly is a victory for the United States Senate, the institution of the United States Senate.

Secondly, I think that nuclear option, the option that was available to the Senate majority leader to unilaterally change 200 years of history, is effectively off the table.

And third, what is most important is that these senators are urging the president to involve himself and exercise the advice and consent function in working with the leadership so that we can get judges that are going to be in the mainstream. And I think finally, the right wing, the extreme right wing that were trying to sort of own the independent judiciary, took a black eye.

The bottom line is, will the Republicans now get away from this squabble? We have basically stalemated the United States Senate. We're not dealing with the key issues that are affecting working families.

The House is in squabbling over there. The stem cell research. The president now has come out strongly against that, which offers enormous opportunities for progress in terms of basic research.

Are the Republicans listening? These moderate Republicans did listen, and I think the Senate was the beneficiary.

O'BRIEN: We'll talk in just a moment about whether you think this deal is going to last forever. But look at the three people who will now, under the deal, be heading for confirmation: Priscilla Owens, Janice Rogers Brown and William Pryor. These are people that you have said are radical and out of the mainstream. So why do you support the deal?

KENNEDY: Well, first of all, I'm very hopeful that some of these Republican moderates that now feel that they can look at these nominees on the basis of the merits, rather than in the tactical, whether this is going to be a win/lose for the Republican leadership and for the president, now will really examine the fact that William Pryor, for example, wants to repeal the Voting Rights Act.

He effectively has undermined the Americans with Disabilities Ability Act, and he's really -- and he's for having the capital punishment for mentally retarded children. I mean, I think he is really out of the mainstream.

O'BRIEN: And yet, there's a really good chance, and most people will tell you he's going to be confirmed. I'm curious to know, anyway...

KENNEDY: I would hope -- I would hope that the Republican moderates now, that really took a very important step, that indicated they were not going to be part of the extreme right on this. And they weren't going to be bullied by that -- the right wing groups, the grab for power, now will look at the real records of these. And I would hope that a number of them would reject these nominees, because they're clearly out of the mainstream.

O'BRIEN: Back to the deal. Anybody who has read the deal knows that the Republicans can still at any time bring back the nuclear option. The Democrats can still filibuster, sort of as the individual preference goes.

KENNEDY: That's not quite the way that I read it.

O'BRIEN: It's not?

KENNEDY: I read that it's off the -- and I read it carefully, that effectively, the idea of the majority leader in the middle of the term to alter and change the rules of the United States Senate is effectively off the block now, for the remaining of this session.

O'BRIEN: So 18 months?

KENNEDY: Well, that's true.

O'BRIEN: And then after that, if it was so decided they could...

KENNEDY: Well, we'll have an opportunity, we're very hopeful that we're going to win some Democratic senators. But in this period of time, we will have a chance to consider, probably, another nominee for the Supreme Court of the United States Senate. And we're hopeful that whoever the president is going to nominate is going to be in the mainstream of judicial opinion. That is all that we're asking for.

You know, people forget that we've approved 95 percent of this president's judges. That's a pretty good batting average. It's only the ones that are the extreme views that are outside of the mainstream that have run into resistance. I think he's had a very good run at it, and there's no reason to basically alter and change the United States Senate just because the radical right wing, extremist wing of the Republican Party wanted to own the independent judiciary.

And what happened last night is that view was rejected by the moderates in the Senate, Republicans and Democrats. Congratulations to them.

O'BRIEN: Well, Senator Ted Kennedy joining us this morning. Nice to see you, Senator. Thanks for your time.

KENNEDY: Nice to see you. Thank you very much.

HEMMER: Want to get to this story, an update now on a story we talked about on Monday at great length.

A day after officials here in New York state revealed that nearly 200 high risk sex offenders received tax payer paid Viagra, the federal centers for Medicare and Medicaid services sending notices to state officials across the country now, advising them that they can deny coverage for convicted sex offenders. How do the states proceed now? Good question for Andy Kahan, director for the Houston Crime Victims Office. Mr. Kahan, good morning to you.

ANDY KAHAN, DIRECTOR, HOUSTON CRIME VICTIMS OFFICE: Good morning, Bill.

HEMMER: First of all, your reaction yesterday: 198 level three sex offenders in New York. What do you think?

KAHAN: Red flags immediately went up. As someone that used to supervise sex offenders many years ago, understand that sex offenders are extremely cunning, devious and diabolical.

And to me, it bode no good, particularly for public safety, when you have high risk sex offenders, those that have been deemed likely to repeat their offenses, getting their hands on sexual enhancement drugs.

And we've certainly got to applaud the federal government for taking swift and immediate reaction. And I would encourage the states to follow up immediately to ensure that sex offenders and their respective modes do not get their hands on these types of drugs.

HEMMER: I think the outrage is quite evident. And I think, also, the point you're raising about the states is where the issue goes next. States have been told they can deny this.

KAHAN: Absolutely.

HEMMER: How do you get it done? How do you implement it? How tough is it?

KAHAN: Yes, it is. Another thing that I would encourage, and again we have to start delving into different mind set. Is for the offenders currently on parole and probation, I would encourage the courts and/or parole board to now add a condition of their release that they're not allowed to be taking prescription drugs, particularly Viagra.

We're also going to have to look into delving into different areas, particularly when we're dealing with urinalysis. We might want to add an additional screen for those that come under different types of testing. We're going to have to ask them if they're using these drugs.

I mean, this is a serious, serious matter. And you're dealing with probably over thousands and thousands of sex offenders that are getting their hands on these drugs, strictly for erectile dysfunction and God knows what they're trying to do with them. This is strictly for their own enhancement and it bodes no good for public safety.

HEMMER: At the outset, you mentioned you're a former parole officer. You actually did counseling for sex offenders? Is that right? KAHAN: I wouldn't use the word counseling. It was mostly monitoring, making sure they are abiding by their rules and conditions.

And let me tell you, dealing with these individuals, we used to call them the Eddie Haskells of parole. If you remember Eddie Haskell from the old "Leave it to Beaver" claim. They know how to play the system. They are the most smart, devious, cunning and diabolical felon that you'll ever run into.

And when they're getting their hands on this type of drugs, the first -- my first reaction was, this is incredible. This is no good. It is certainly not conducive for public safety. And we've certainly got to, again, applaud the federal government for reacting swiftly. And hopefully, the states will follow in that mode.

HEMMER: You know, if they're that devious, if they are that cunning and you alluded to this in the second part of your answer a few moments ago, how does the state do a better job of tracking them?

KAHAN: You know, that's a whole other issue. I mean, this whole -- this whole Pandora's box of sex offenders has just ballooned right in our face, particularly with the incidences that are going on in Florida.

And considering the fact that you've got 25 percent of the nation's sex offenders that right now are currently not in compliance with their rules, conditions and registry requirements, you essentially have a national public safety crisis. And we have to start thinking in these modes on how we get a better grip on sex offender behavior before we turn up with the daily headlines.

I don't know about you, Bill, but I am getting sick and tired of naming laws after children who have been sexually assaulted and then murdered by repeat sexual offenders.

HEMMER: We can underline and highlight that point all too often. You put it well. Andy Kahan, thanks, down in Houston.

KAHAN: Thanks, Bill.

HEMMER: You got it -- Soledad.

O'BRIEN: A turn now to Michael Jackson's molestation trial. With the trial in the final days Jackson's lawyers are going after the accuser's mother. But before the defense rests, they want jurors to hear from two of its star witnesses.

CNN's Ted Rowlands has our report.

(BEGIN VIDEOTAPE)

JAY LENO, HOST, "THE TONIGHT SHOW": As you may have heard, I am testifying for real tomorrow, Kev, 8 in the morning.

KEVIN EUBANKS, BAND LEADER, "THE TONIGHT SHOW": All right! LENO: I'm testifying. And listen to this. I was called by the defense. I'm a defense witness, so apparently, they've never seen this program.

TED ROWLANDS, CNN CORRESPONDENT (voice-over): While he may joke about Michael Jackson on his show, Jay Leno is being called as a witness to possibly help him.

According to the defense, Leno received a phone call from the accuser in this case and felt so unnerved by it that he later called police. Leno's expected to be one of the final witnesses for the defense. Comedian Chris Tucker is also expected to testify.

Tucker, who's appeared with Jackson in a music video, is considered to be a friend of Jackson's.

JIM MORET, LEGAL ANALYST: They're not just brought in because they're celebrities, but the fact that they are celebrities will help them, because, unlike so many of the other witnesses in this case, these people have nothing to gain by coming in here. In fact, Jay Leno, perhaps, doesn't even want to come in here.

ROWLANDS: In court Monday, the defense continued to attack the credibility of the accuser's mother. Using documents furnished by the state of California, the defense established that the mother lied about her financial status when applying for and receiving welfare.

The editor of a community newspaper also testified that she felt, quote, "duped" after she said the mother pushed to get a story written about her son to raise money for medical expenses.

UNIDENTIFIED FEMALE: Michael, are you happy the case is almost over?

UNIDENTIFIED MALE: No comment.

ROWLANDS: Jackson didn't say much after court Monday. Sources tell CNN that if everything goes as expected, the jury could begin deliberating his fate within two weeks.

Ted Rowlands, CNN, Santa Maria, California.

(END VIDEOTAPE)

O'BRIEN: Once the defense is finished, the prosecution is expected to present a short rebuttal case, followed by closing arguments from both sides.

HEMMER: Nineteen minutes now before the hour, Soledad. Check of the weather. Middle part of the country, a few watch boxes going up right now.

What's happening, Chad? Good morning.

(WEATHER REPORT)

CHAD MYERS, CNN METEOROLOGIST: If you lower your standards all the way to snow, guys, this rain doesn't feel so bad.

O'BRIEN: It is amazing how that works, isn't it, Chad?

HEMMER: As you're talking, we should break the news to you, there's nothing but clouds out up there right now, Chad, by the way, right out the window.

O'BRIEN: You know, he, every time we check in with weather, he is spinning harder and harder.

HEMMER: Keep it up.

O'BRIEN: Thanks, Chad.

Well, you know, babies babble. But we all know they're saying something very brilliant. If you want a translation, Jack has got that just ahead.

HEMMER: Also, medical news in a moment. Increased worries about the side effects linked to a popular cholesterol drug. What you need to know in a moment when we continue.

(COMMERCIAL BREAK)

HEMMER: Sanjay's off today. But when it comes to lowering cholesterol, there's a new study that may suggest the drug Crestor should be used as a last resort. We asked our medical correspondent, Elizabeth Cohen, to look into that. She joins us now.

Good morning. What are they saying?

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Well, what they're saying is that perhaps all cholesterol lowering drugs are not created equal, and there may be special concerns about this drug, called Crestor.

What researchers did is they looked at side effect reports that were given to the Food and Drug Administration and what they looked at Previcol, Zocor, Lipitor and Crestor.

And what they found for Crestor is that, for certain kinds of illnesses, they were much more commonly associated with Crestor. Severe muscle damage, kidney failure, and even death was several times more common when people were taking Crestor.

Now, what exactly does this mean? Well, Crestor is a heavily advertised drug. You see it advertised all the time; $908 million in sales last year. And another drug called Bacol, another cholesterol lowering drug, it has similar problems, and it was taken off the market.

But the authors of the study say that Crestor doesn't seem to cause side effects in the same way or quite as much as Bacol appears to be associated with these side effects.

And the American Heart Association, who presented this information, said they still consider Crestor to be a safe drug.

Now, let's hear what AstraZenica had to say. AstraZenica is the company that makes this drug. They say, "We strongly disagree with the conclusions of the study. AstraZenica again reaffirms that the safety profile of Crestor is in line with other marketed statins and is a highly effective cholesterol lowering therapy."

So Bill, this is sure to cause confusion, unfortunately.

HEMMER: If you're on it, what do you do?

COHEN: What you do is you look for certain side effects. For example, what you want to do if you're having muscle aches, muscle aches all over your body, you need to tell your doctor. If you have dark urine, you need to tell your doctor. Be especially vigilant during those first three months.

And the authors of the study say talk to your doctor about other statins. The people who wrote this study said, "Look, we think that people ought to be put on other cholesterol lowering drugs first, and if those don't work, only in that case consider Crestor." They say just do the other ones first.

HEMMER: And quickly, the FDA, have they issued an opinion about whether or not this is something they would consider taking off the market?

COHEN: Well, some doctors have asked them to take Crestor off the market, but the Food and Drug Administration says no. They want to keep Crestor on the market, but they are reviewing this most recent information.

HEMMER: Nice to have you in New York.

COHEN: Thanks.

HEMMER: Thanks, Elizabeth. Here's Soledad.

O'BRIEN: Business news is up next. Carly Fiorina is out at Hewlett-Packard. Where's her next career. Andy is "Minding Your Business" up next. Stay with us. You're watching AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody.

JACK CAFFERTY, CO-HOST: Beef, it's what ranchers will pay for. And a former Fortune 500 CEO who didn't do very well at her last job is now maybe going to run for public office. Those stories and a preview of Wall Street. Andy Serwer is here, "Minding Your Business."

Just what we need, another failed executive in the political arena.

ANDY SERWER, "FORTUNE" MAGAZINE: Yes. Bar the door, right? Let's talk about this beef situation first of all. Yesterday, the Supreme Court ruled three to three that cattle ranchers in this country have to pay for those ads, "Beef, it's what's for dinner." Now I love those ads. Remember these things? Let's see if we can listen in on one of them.

Robert Mitchum, Aaron Copland's rodeo, that music playing. I love that.

Now, here's the problem. The cattle ranchers didn't like these ads. They liked the ads fine, except for the fact it didn't say "American beef." So they didn't want to pay for the ads anymore. And it's kind of unusual. You'd see this kind of public service announcement forcing ranchers to pay for this kind of thing. They pay a dollar a head for every head of cattle they sell. They have to pay the government a dollar, USDA, to do these ads.

HEMMER: Round them up.

CAFFERTY: That's nonsense.

SERWER: It's kind of strange, isn't it?

CAFFERTY: It is.

SERWER: I do like those ads, although Robert Mitchum can't do the voice-over anymore, because he's deceased, correct?

CAFFERTY: He's dead. That's definitely a problem in the recording booth.

SERWER: That is. They could probably find someone else to do them.

Let's talk about Carly Fiorina. She was in Detroit yesterday, the ex-CEO of Hewlett-Packard, talking about a possible future career. She said someone asked her, "Well, what are you going to do? Are you going to work for another company?"

She said, "I don't know." It's more likely public service that is in the future, rather than a corporate role. And she said, "Who knows? I may be back to count your votes."

Wow. Wonder what Kwame Kilpatrick says about that. I bet he's not too upset, afraid, do you?

CAFFERTY: Probably not.

SERWER: I don't think so.

Let's talk about the markets very quickly. We had a good day on Wall Street yesterday. Stocks up across the board here. Particularly, tech stocks doing well. Above that 10,500 mark on the Dow. However, futures are sagging a bit.

CAFFERTY: Profit taking the day, maybe. SERWER: Indeed.

CAFFERTY: Thanks, Andy.

SERWER: You're welcome.

CAFFERTY: Time for "The File." Many Brits will soon be unhappy about the end of happy hour. Thirty-two thousand pubs in Britain banning happy hour and drink promotions in an effort to curb alcohol related violence. The ban's effective immediately.

Prime Minister Tony Blair said binge drinking is one area of social disorder that he wants to tackle during his third term. The move to ban happy hour comes ahead of another plan that will allow some bars to stay open 24 hours a day. The government thinks this will stop all the drunks from spilling out into the street at the same time when the bars close, thus fueling fights and vandalism.

So no more happy hour, but you can stay open all night. The government at work in Britain.

HEMMER: I can't wait. Going there in a couple weeks. Can't wait.

CAFFERTY: A pair of confused storks is trying to achieve the impossible in Germany. They're trying to hatch some golf balls. They put together a nest in the middle of a golf green and filled it with stolen golf balls.

Bird experts say the next is remarkable not only for the contents but also because storks usually nest only in trees or on buildings. They think the storks may have lost their previous nest and are simply trying to make up for lost time.

And to help them out, the researchers decided to slip a real stork egg in among the Titlists.

O'BRIEN: That's nice.

CAFFERTY: So something will hatch at some point.

Japanese researchers working on a translator for baby babble, those cryptic cries, grins, grunts and gurgles. Serious science, this. Professors at Nagasaki University conducting experiments on mothers and their babies by monitoring infants' cries, facial expressions and body temperature changes.

For example, by monitoring changes in the temperature of a baby's face, as well as high or low frequencies in the sound of an infant's cries, they can figure out a baby's particular desires.

The gadget will be on the market by next year and will sell for less than 100 bucks.

HEMMER: Cool.

O'BRIEN: They're wet or they're hungry.

HEMMER: Yes. "I want milk, Ma." How about that? I'll translate.

O'BRIEN: That's that. Do I get a hundred bucks?

HEMMER: What was the Travolta film, "Look Who's Talking"? Good stuff, too. Funny!

SERWER: Pretty funny.

HEMMER: Thank you, Jack.

Top stories in a moment here. Also, back to our series this week. Vacationing with your best friends and their kids, it might sound like fun. Sometimes you can get a little too close for comfort. Tips on how to survive that family vacation with another family, next hour on AMERICAN MORNING.

(COMMERCIAL BREAK)

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