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CNN Live At Daybreak

Suspected BTK Killer Goes to Court; Another Suspect Released in Aruba

Aired June 27, 2005 - 06:00   ET

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

CAROL COSTELLO, CNN ANCHOR: It is Monday, June 27.
The suspected BTK killer goes to court. He was wanted for 10 murders dating back to the '70s. Now Dennis Rader must face a jury of his peers.

In Aruba, another suspect being released as a Texas team continues the search for Natalee Holloway.

And desperately trying to save a teen attacked by a shark. You will hear one man's story.

ANNOUNCER: From the Time Warner Center in New York, this is DAYBREAK with Carol Costello and Chad Myers.

COSTELLO: And good morning to you.

We'll have more on that tragic shark attack in just a moment.

Also ahead, the Supreme Court term ends today with decisions on some controversial cases and speculation about whether Chief Justice William Rehnquist will step down.

And hot on the heels of a congressional visit to Guantanamo Bay, we look at the delicate balance between national security and the rights of the accused.

But first, now in the news, we are awaiting more details about the crash this morning of a U.S. Army helicopter in Iraq. The U.S. military says an Apache attack helicopter has crashed north of Baghdad. The chopper carries two crew members, but no word yet on what happened to them.

About three hours ago, a Kenyan judge acquitted three men of conspiracy in a 2002 suicide bombing. The attack at an Israeli-owned hotel killed 15 people. The judge says prosecutors failed to prove their case.

The Energy Department may be planning to make its own plutonium. The "New York Times" reports energy officials want to start making several hundred pounds of potentially dangerous plutonium 238 within the next decade. The production would take place at a facility in Idaho.

And we want to remind you, you can experience the power of CNN video on your computer. Log on to cnn.com, click onto video and you get all the pictures you want.

To the Forecast Center now -- good morning, Chad.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: Up first this hour, he's accused of terrorizing the city of Wichita, Kansas for more than 30 years. Four hours from now, the suspected BTK killer is set to go on trial. Dennis Rader faces 10 counts of first degree murder.

Let's head live to Wichita and Jonathan Freed -- good morning, Jonathan.

JONATHAN FREED, CNN CORRESPONDENT: Good morning, Carol.

I can tell you that none of us expected to be standing here today. It is the scheduled start of the trial for Dennis Rader, accused of being the infamous BTK strangler here in Wichita. But if you rewind to two months ago, the district attorney here in Sedgwick County, among others, were standing pretty well on this very spot where I am right now and saying well, we expect there to be a continuance, this is a very complex case. A continuance, Carol, of course, meaning a request by one side or the other to delay the case, to really get their work together. And that didn't happen.

So here we are this morning at 9:00 a.m. Central Time this case is supposed to start. But there's a catch here, Carol, because nobody really expects it to get underway today.

And Dennis Rader did a telephone interview with a CNN affiliate, KSN, here a couple of days ago, and even he was telegraphing that there were three basic possibilities that we might see unfold today. And those are one side or the other asking for a continuance. Now, the D.A. says it's been ready to go ahead with this case for months. So, don't look to them to be the ones asking for a delay. So any continuance would come from the defense.

Mr. Rader could change his mind, waive his right to a trial by jury and ask for a trial by judge alone. That would also, Carol, involve a delay in the start of the trial, because they -- both sides would have to get their agenda books out and figure out when that trial could actually start.

Or Mr. Rader could, as some people expect, change his plea to guilty. And if that happens, Carol, there would be a sentencing hearing in about a month from now.

COSTELLO: Isn't it strange, though, Jonathan, we haven't heard much from defense attorneys?

They haven't even filed for a change of venue in this case, have they?

FREED: No, they haven't. And we have heard nothing from the defense. Repeated phone calls to the defense have gone without a formal reply. And that has been raising questions among those of us that have been following this case closely for almost a year-and-a- half at this point as to what is going on.

Some people close to this case are saying that even Mr. Rader's own lawyers may not know what is really in his mind and what he may instruct them to do this morning. Some people think that it may come right down to the wire as they're walking into the building today. It's kind of up in the air.

COSTELLO: We'll know later today.

Jonathan Freed reporting live from Wichita, Kansas this morning.

Turning now to Aruba, where the search for Natalee Holloway has been going on for nearly a month now. Still no sign of the Alabama teenager and there are fewer people in custody in her case. There is word a disk jockey who was arrested earlier this month will be freed some time today. The lawyer for Steve Croes says a judge cited a lack of evidence. Another man also got his walking paper. Paul Van Der Sloot was freed yesterday. He's that Aruban judge and the father of a teenaged suspect in the case.

In the meantime, a team of Texas search specialists looking for Natalee Holloway by land and by sea. They're using some high tech sonar equipment.

On to politics now. Supreme Court drama at the Supreme Court. The justices end their current term today and we are watching for some big decisions. The court will likely rule on whether the Ten Commandments can be displayed on government property; also whether Internet file sharing services can be held liable if customers illegally swap songs or movies. A ruling could also come in a death penalty case. The question? How much leeway do courts have to reopen such cases?

What is your take on the future of the Supreme Court? If there is a vacancy at the end of this term, do you want a new justice who would make the court more conservative, more liberal or who would keep things the same?

According to a CNN/"USA Today"/Gallup poll taken this month, 41 percent of the people who responded say more conservative; 30 percent say more liberal; and 25 percent want no change.

Iran's president elect says his country will restart its controversial nuclear program despite U.S. pressure to end it. In his first news conference since being elected, he says Iran's nuclear technology is needed for energy and other peaceful purposes. He was voted into power in a surprise come from behind runoff victory on Friday.

Some question what it means to democratic reform.

(BEGIN VIDEO CLIP) EHUD YAARI, ARAB ANALYST: What counted in the recent Iranian presidential elections was the intervention, if I can put it like this, of the rural areas, which decided to vote for a candidate who was going to preserve the tenets, the old tenets of the Islamic Revolution from Khomeini days, but at the same time try to redistribute the wealth of the country.

(END VIDEO CLIP)

COSTELLO: The United States, of course, contends Iran's nuclear program is aimed at building an atomic weapon.

In our "Security Watch" this morning, what are al Qaeda terrorists doing to try to get their hands on weapons of mass destruction? That's what the 9/11 Public Discourse Project will discuss at a Washington hearing this morning. The panel grew out of the 9/11 Commission. It'll also look at ways the U.S. and other nations can prevent nuclear terrorism.

A small plane stolen and flown through New York air space and nobody detects it for hours. That happened last week. And now Senator Hillary Rodham Clinton wants a federal investigation into the incident. Clinton notes the plane finally landed just a few miles from a nuclear plant.

Would you like a future in protecting the homeland? You might want to apply to the University of Connecticut. The school is offering a master's degree in homeland security. Students can learn how to respond to terrorist attacks and disease outbreaks.

Stay tuned to CNN day and night for the most reliable news about your security.

Still to come this hour on DAYBREAK, one man's story as he fights to help the victim of a shark attack.

Also, a bunch of economic reports are coming out this week, including an interest rate announcement from the Feds. We'll see what that could mean for the market.

And later, rights of the accused versus the need for national security. A closer look at the situation at Guantanamo Bay.

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

(COMMERCIAL BREAK)

COSTELLO: We've been telling you about the 14-year-old girl killed in a shark attack along Florida's Gulf Coast over the weekend. Officials say the girl and a friend were farther out than swimmers usually go. A surfer risked his own life trying to save the girl who was attacked. His efforts were quite heroic.

Listen.

(BEGIN VIDEO CLIP) TIM DICUS, ATTEMPTED RESCUE: I heard a scream from that direction and looked over and saw one of the girls swimming toward the beach and the other one was gone. And where they'd both been, there was a dark pool, which I immediately recognized as blood.

I swam over to see what I could do for her and when I got over there, the blood pool had expanded probably to about 20 feet across. She was in the center of it face down and I could see that the shark was under there in the blood pool somewhere. I could see the water swirling, but I could tell exactly where he was.

Usually a human attack with a shark is, it's a simple bite and they swim off. And that's kind of what I was hoping when I got out to the blood pool, was that he had swam off. But when I got out there, I found out he was still there.

She was face down and unconscious. When I grabbed hold of her, the shark surfaced right next to her and broke off to the left. So apparently I had disturbed his feeding. And he circled around for another attack, but by the time he got around, I had her up on the board.

He came back around, got underneath me and tried coming up underneath me to get her hand. So I pulled her hand up on the board and smacked the water and I guess that scared him enough to make another loop, which gave me time to paddle out of the blood pool.

I would imagine there was probably half a dozen attacks between the outer and the inner bar. The first three I fended him off with just splashing the water and the last couple I had to actually hit him.

Two very brave gentlemen waded out waist deep with a raft and a boogie board and managed to get her up into the raft, which stopped the bleeding into the water and the shark broke off the attack on her. And he immediately turned on me, and then I fended him off with one more blow to the nose and he swam off.

If I would have been my daughter, I'd have wanted someone to do that for me.

I talked to her father briefly yesterday afternoon and he expressed his gratitude for what I'd attempted to do and he knew I'd given it my best shot. And he was also glad that he had his daughter's body recovered so that he wouldn't have to worry about where she was.

(END VIDEO CLIP)

COSTELLO: Oh.

Time for some perspective.

For the most part, there has been a steady decline in shark attacks off the Florida coast in recent years. 2000 saw the most attacks at 37. Last year, that number fell to 12. Your news, money, weather and sports.

It is 6:15 Eastern.

Here's what's all new this morning.

A U.S. military helicopter has crashed about 20 miles north of Baghdad. The U.S. Army Apache chopper reportedly carries a crew of two. We do not know in what condition those two are in this morning.

In money news, more pain at the pump. Gas prices, oh, you knew this would happen, they're up an average of $0.08 a gallon over the last two weeks. The average for all three grades nationwide is $2.24 a gallon.

In culture, rock star Bob Geldof took center stage at Britain's Glastonbury Festival. He asked the crowd to support the Live-8 concerts he's organizing to raise awareness about poverty in Africa. Saturday's eight concerts will be broadcast in more than 140 countries.

In sports, Birdie Kim lived up to her name in a dramatic win at the U.S. Women's Open. She sank this 30-yard chip shot. There it goes. And that won it for her. It was a birdie for Birdie. She finished three over par -- Chad.

MYERS: Yes.

COSTELLO: And we thought the teenagers would take it, but she's 23, the ripe old age of 23.

MYERS: Yes, the veteran.

COSTELLO: Yes, exactly.

MYERS: Yes.

Good morning, everybody.

(WEATHER REPORT)

COSTELLO: That's a look at the latest headlines for you.

Still to come on DAYBREAK, members of Congress take a closer look at Guantanamo Bay, while the father of one detainee tries to get his son out. You'll hear from him after a break.

But first, it's time to say good morning, Miami.

DAYBREAK will be right back.

(COMMERCIAL BREAK)

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE (voice-over): The top business stories of CNN's first 25 years. We asked the editors at "Money" magazine to come up with a list.

At 25, by the early 1990s, the much heralded Japanese economy took a tumble, while China, its giant neighbor and rival, blossomed.

At 24, playing the odds -- gambling has boomed from Las Vegas to North Carolina. It's a multi-billion dollar industry.

Number 23, the S&L crisis. The government relaxed rules, risky business ensued and investors lost billions.

STEPHEN GANDEL, STAFF WRITER, "MONEY" MAGAZINE: Our nation's financial institutions are stronger because of the S&L crisis.

UNIDENTIFIED MALE: Number 22, deregulation. It freed industries from government controls, giving consumers better prices.

Number 21, when IPOs shined, everyone from CEOs to secretaries became rich. Now, that light has faded. Or has it?

Stay tuned as we count down to number one.

(END VIDEO TAPE)

COSTELLO: Time for a little "Business Buzz" right now.

Investors are bracing themselves for a very busy week on Wall Street.

Carrie Lee joins us with a look at what to watch out for and if that could mean good news for us.

CARRIE LEE, CNN CORRESPONDENT: We could use some good news, Carol, after last week. The Dow fell 326 points.

COSTELLO: Wow!

LEE: We're at the lowest level there in over a month.

Now, this is usually a slower time for stocks, summer, that is. But a lot of things for investors to consider this week. A couple of key economic reports coming out. We're going to get a look at consumer confidence on Tuesday; also, a look at second quarter GDP on Wednesday; and then, of course, Alan Greenspan and company talking about interest rates on Thursday. We will get the latest decision on rate hikes. Wall Street expecting another ninth straight 1/4 point hiked. But there is some speculation that the Fed is getting close to the end of this rate hiking cycle. So, as always, people paying a lot of attention to that accompanying statement.

Of course, oil prices lately the big reason for the stock market declines. The prospect of $60 per barrel oil really worrying a lot of investors. Carol, early this morning in Asian trading, we are above that $60 a barrel mark. So futures looking a little bit weak for today's session, but still, a lot of economic news on the plate for this week.

COSTELLO: We'll be waiting.

LEE: OK.

COSTELLO: Carrie Lee, thank you.

Here's a look at some of the stories we'll be watching this week.

The suspected BTK killer is expected in court today for the start of his trial. But there is some speculation that Dennis Rader could change his plea to guilty.

President Bush will speak to the American people tomorrow. His prime time address from Fort Bragg, North Carolina is likely to focus on the administration's goals in Iraq.

On Wednesday, CNN founder Ted Turner will be honored by former President Bill Clinton. Turner will receive the Clinton Center award for leadership and national service.

The Logo Network debuts on Thursday. It'll be the first regular cable channel directed at a gay and lesbian audience. It'll be available in about 10 million homes.

And finally on Friday, San Francisco goes smoke-free. The ban covers all city run spaces, such as parks and public squares.

Members of Congress go to Cuba to see for themselves. The visit to Guantanamo Bay prison over the weekend came amid recent allegations of inmate abuse and calls to close GITMO down. Sixteen members of the House Armed Services Committee made a one day tour of the prison. They saw interrogations, toured cell blocks and ate the same lunch given to detainees.

Representatives from both parties offered this assessment.

(BEGIN VIDEO CLIP)

REP. MARSHA BLACKBURN (R), TENNESSEE: What I learned is that most of the reports that the Americans are seeing are wrong. What we saw was a well run, secure facility. We saw that the detainee population there is there for a reason.

REP. SHEILA JACKSON-LEE (D), TEXAS: We need a full investigation, ultimately to determine what you do with the bad guys. We want terrorists punished, but they may have to be turned back to their nations where there is no torture, but that they be held off the fighting field. We must determine when you end this indefiniteness.

(END VIDEO CLIP)

COSTELLO: On that note, tomorrow is the one year anniversary of the Supreme Court decision granting detainees' due process rights. Some have been held at Guantanamo Bay three years without being charged.

Joining us by phone from Kuwait is Khaled al-Odah. Actually, he's not with us quite yet. But his son is a detainee. When we get him on the phone, we'll get to him.

In Washington, Attorney Christine Huskey represents Al-Odah and 11 other detainees.

Good morning to you.

KRISTINE HUSKEY, DETAINEES' ATTORNEY: Good morning.

COSTELLO: Tell us about these people you're representing at Guantanamo Bay and what they're suspected of.

HUSKEY: Well, I represent 12 Kuwaiti citizens, 11 of whom are detained at Guantanamo. And they are all suspected al Qaeda or Taliban members. But most of them were turned over by Pakistani tribesmen to Pakistani authorities and then the U.S. military for bounties that the U.S. military paid.

COSTELLO: Now, this is the first time that, I think, that most of our viewers have heard about this. So tell us again, they were turned over for a bounty and they're really not suspected al Qaeda members?

HUSKEY: Well, whether or not they're al Qaeda members, and they may be suspected, but there needs to be a process, and that's sort of the point here, is that the Supreme Court a year ago said there needs to be a process to determine whether these guys are really al Qaeda or Taliban or maybe they were innocent civilians in Afghanistan or Pakistan, which is where my clients were, Pakistan. And it wasn't until the Supreme Court ruled that the U.S. military finally decided to put in some sort of process.

Now, that process doesn't comport with anything we've ever seen before. So we're still waiting.

COSTELLO: Well, the United States has let hundreds of people go from Guantanamo Bay.

And I'd like you to listen to this statement from Defense Secretary Donald Rumsfeld.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, SECRETARY OF DEFENSE: The kind of people held at Guantanamo include terrorist trainers, bomb makers, extremist recruiters and financiers, bodyguards of Osama bin Laden and would-be suicide bombers. They are not common car thieves. They are believed to be determined killers.

(END VIDEO CLIP)

COSTELLO: Now, many Americans believe these are prisoners of war.

Why should we take a chance and let them go free to possibly plan more terror attacks?

HUSKEY: Well, we should not let real terrorists or al Qaeda members go free. And Rumsfeld said it, he said believed to be, believed to be al Qaeda or Taliban. And we need a process to determine whether they really are. And that's all that we've ever been asking for.

COSTELLO: So where does it stand now?

HUSKEY: Well, the government, quite honestly, has taken every measure to delay and to not institute some process that civilized nations would say is, you know, comports with due process. And so we are at the D.C. Circuit Court level again with the government asking that these detainees have their claims dismissed. And this is a year after the Supreme Court said these guys have a right to bring their claims into court.

COSTELLO: Thank you for joining us this morning.

Kristine Huskey, who's representing Fawzi Al-Odah and 11 other detainees at Guantanamo Bay.

We were hoping to get Fawzi Al-Odah's father from Kuwait, and maybe we'll get him. We still have a half hour to go.

Than you for joining us this morning, though.

HUSKEY: Thank you.

COSTELLO: Still to come on DAYBREAK, we are anticipating big news from the Supreme Court today, as the justices wrap up their latest term. We'll have a live report for you coming up.

And Michael Jackson finally responds to his recent acquittal.

You are watching DAYBREAK for Monday, June 27.

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