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CNN Live At Daybreak

Supreme Drama; Missing in Aruba; Shark Attack

Aired June 27, 2005 - 05:00   ET

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


CAROL COSTELLO, CNN ANCHOR: It is Monday, June 27. The high court ends its term today with the chief justice in the spotlight. He's been sitting in the seat of power on the nation's highest bench, but is William Rehnquist ready to hang up his robe?
Plus, what happened to Natalee Holloway? It's been nearly a month; still no answers.

And the beaches are opened again, but do people in Florida think it's safe to go back in the water?

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 the Supreme Court in just a minute.

Also ahead, the suspected BTK killer back in a Kansas court today. He's accused of killing 10 people.

And later, was there a high-level cover-up surrounding Notorious BIG's death? Some say yes. We'll take a look at the ongoing court case.

But first, "Now in the News."

Just under two 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.

They have a lot to talk about. German Chancellor Gerhard Schroeder meets with President Bush at the White House later this morning. On the agenda, the war in Iraq and a proposed expansion of the U.N. Security Council.

A shakeup in Saudi Arabia's diplomatic ranks. Arab sources tell CNN that Prince Bandar plans to leave his longtime post as the Saudi ambassador to the United States. Since 9/11, there's been growing criticism of Bandar's ties to the Bush family.

Firefighters have their hands full in southwestern Utah this morning. They're trying to fend off a fast-moving wildfire that's threatening the small town of St. George. The blaze has quadrupled in size to 8,000 acres.

And we want you to know you can experience the power of CNN on your computer. Long on to CNN.com, click on the video link and browse for yourself.

To the forecast center now and Chad.

Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

MYERS: Sure.

COSTELLO: We have just gotten word within the hour of a helicopter crash in Iraq. The U.S. military says an Apache attack helicopter has crashed north of Baghdad. The helicopters carries a crew of two, but it has not yet been determined if there are any casualties. Of course we'll bring you more information as we get it in.

More and more Americans are asking when will the war in Iraq end? Recent polls show public support falling. Insurgency attacks continue to take their toll on Iraqis and Americans. On the Sunday talk shows, the commander of U.S. forces in the region and Defense Secretary Donald Rumsfeld were asked about Iraq.

(BEGIN VIDEO CLIP)

GEN. JOHN ABIZAID, U.S. CENTRAL COMMAND: Clearly, there is an end to this. That the end comes when Iraqi security forces and Iraqi governance come together in such a way that they're able to dominate the insurgency. The end comes when the insurgency clearly understands and recognizes that they can't achieve any progress. The only thing they can achieve is killing innocent people.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, DEFENSE SECRETARY: Anyone who tries to estimate the end, the time, the cost, or the casualties in a war is making a big mistake. You don't -- you -- war is your absolute last choice. And you don't, as George Washington said, make a decision to use war unless you're willing to stick with it.

(END VIDEO CLIP)

COSTELLO: General Abizaid also expressed concern about public support for the conflict. He told Wolf Blitzer that American soldiers don't need to fight this war looking over their soldiers, worrying about support back home.

The Iraqi prime minister, Ibrahim al-Jaafari is calling for Marshall Plan for Iraq and the Middle East. The Marshall Plan was designed to bring Europe's economy out of the chaos of World War II. Here's what Mr. al-Jaafari writes on the editorial page of today's "London Times." He says -- I quote -- "Today is the time for a new international Marshall Plan towards Iraq and the broader Middle East, directed not for or against any policy, but against ignorance, tyranny, hatred and anarchy."

What he really wants is he wants help and money from European nations, as well as from the United States.

A report out today from two human rights groups will criticize the Justice Department for its handling of terrorist suspects at Guantanamo Bay. The report from Human Rights Watch and the American Civil Liberties Union claims the Justice Department has abused its authority. The groups say the report will shed light on what they call a wall of secrecy surrounding a law allowing the indefinite detention of some suspects.

Coming up in the next hour of DAYBREAK, I'll talk with the father of one Gitmo detainee and a detainee's attorney.

And Chad, that brings us to our e-mail "Question of the Morning."

MYERS: It certainly does. Keep it open, close it? Do you have enough information? Is it just rhetoric from both sides?

What do you think? Is it time to close Gitmo, yes, no, and why? DAYBREAK@CNN.com. E-mail. We'll be answering those e-mails -- reading them in a few minutes.

COSTELLO: We certainly will.

On to another top story this morning. Supreme drama at the Supreme Court. The justices end their current term today. And we're 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?

But there's a lot more than legal issues on the nation's highest bench. Speculation is mounting that Chief Justice William Rehnquist might announce his retirement. The aging Rehnquist is battling thyroid cancer, but he's putting up a tough fight.

CNN National Correspondent Bob Franken has more for you.

(BEGIN VIDEOTAPE)

BOB FRANKEN, CNN NATIONAL CORRESPONDENT (voice-over): This is a man who delights in fighting the odds. So there was Chief Justice William Rehnquist on January 20, swearing in the president, when so many experts said he would be too sick to do so. WILLIAM REHNQUIST, SUPREME COURT CHIEF JUSTICE: And repeat after me...

FRANKEN: And here he is back on the bench, taking an active role, leading the court, even while he struggles with his thyroid cancer, surprising many medical experts. And here he was in May, giving a brief videotaped message to graduates from an Arizona College.

REHNQUIST: I shall always be honored by having received the degree.

FRANKEN: Still, the expectation he'll resign and trigger a brutal confirmation battle over his replacement has permeated Washington politics.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I'm obviously going to spend a lot of time reviewing the records of a variety of people.

FRANKEN (on camera): That review has been going on for quite some time now, but the speculation about the chief justice is just that, speculation. And whatever he does will almost certainly be kept secret until he does it.

(voice-over): The man who would chair a confirmation hearing for a successor, a senator fighting cancer himself, says he believes a hearing won't soon be necessary.

SEN. ARLEN SPECTER (R), PENNSYLVANIA: That thinking about my own situation, it seemed to me that he just might want to stay there because he's doing some very useful work. And for him, it's the best therapy.

FRANKEN: Many of his former clerks say they were quite pleasantly surprised at how much more robust Rehnquist seemed to be at his recent annual reunion. Still, Washington rattles with the chatter over a possible replacement for the chief justice, even before anyone really knows whether he's ready to be replaced.

Bob Franken, CNN, the Supreme Court.

(END VIDEOTAPE)

COSTELLO: So 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 could 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 said more conservative. Thirty percent say more liberal, and 25 percent want no change.

There is some movement in the case of Natalee Holloway, but it may not bring -- be bringing police any closer to solving the mystery of her disappearance. Two people in custody have been giving their walking papers. That leaves three still in custody. CNN's Karl Penhaul is in Palm Beach, Aruba, with the latest.

(BEGIN VIDEOTAPE)

KARL PENHAUL, CNN CORRESPONDENT: Police took five suspects into court on Sunday morning. By the time the judge had finished his deliberations several hours later, there were only three suspects left in the case of the disappearance of Natalee Holloway.

The judge, who had flown in especially from the neighboring island of Curacao, ordered the release of Paul Van Der Sloot. He's the father of another suspect, 17-year-old Joran Van Der Sloot. This is what Paul Van Der Sloot's attorney had to say about the reasons for his release...

ARIE SWAEN, ATTY. FOR PAUL VAN DER SLOOT: The judge gave a decision. And that's (INAUDIBLE). No reasonable motive to keep him in custody.

And we don't have the decision in writing yet. As soon as we get, we can see what the argument was. At this moment, I don't know that.

But what my client wants, he told me he wants to go home.

PENHAUL: The judge also ordered the release of Steve Croes. He was the deejay on the Tattoo party boat. Aruba's police commissioner, Jan van der Straaten, said Croes would likely walk free some time before midday Monday.

Just look at the reaction of Croes as he came out of the court after being told the news. He was all smiles.

Back at the Holiday Inn, though, Natalee's family were less than delighted about the release of the two suspects. This is what Natalee's father, Dave Holloway, had to say...

DAVE HOLLOWAY, NATALEE HOLLOWAY'S FATHER: My focus has always been the search and rescue efforts. Basically, what I've seen in the investigative side of it has been what has been portrayed on TV and through Natalee's mother.

So my role in this has always been, you know, to find Natalee. And if we find her, that will resolve the entire case. That's where I stand on it.

PENHAUL: Beth Twitty, Natalee's mother, was too upset to talk in front of the camera. She said she felt that the release of these two suspects was a severe setback to the case and for the search of her daughter Natalee.

Karl Penhaul, CNN, Palm Beach, Aruba.

(END VIDEOTAPE)

COSTELLO: In news "Across America" now, the search for a missing Boy Scout will resume this morning at Yellowstone National Park. Thirteen-year-old Luke Sanburg fell into the Yellowstone River while playing with other scouts. Park officials say they found two tennis shoes they believe belonged to the missing teenager.

The NAACP has chosen a former Verizon executive as its next president. Fifty-nine-year-old Bruce Gordon is the choice to replace Kweisi Mfume, who resigned in November. Gordon still must agree on the financial part of the deal and also has to be confirmed during the national convention next month.

An unusual scene during Sunday's mass at a church in Los Angeles. This man was supposedly upset with the way the Catholic Church has handled the priest abuse scandal, so he handcuffed himself to Cardinal Roger Mahoney's chair. The cardinal continued the service. The man was arrested afterward.

Coming up, fear on the beach. A family mourns after a summer camping trip turns deadly. Carol Lin will have more on the shark attack.

An Italian judge orders the arrest of 13 American citizens believed to be CIA agents. Alessio Vinci has more about that.

And the man accused of leaving a trail of bodies around Wichita, Kansas, for 30 years is back in court this morning. Jonathan Freed is on the case.

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

(COMMERCIAL BREAK)

COSTELLO: Check of the international markets now. A dismal day so far.

Japan's Nikkei closes down almost 123 points. Britain's FTSE is trading down 20. The German DAX is now down just over 30 points.

Your news, money, weather and sports. It is 5:16 Eastern. Here's what's all new this morning.

Not guilty. A Kenyan judge has acquitted three men of conspiracy in a 2002 suicide bombing of an Israeli-owned hotel. Fifteen people were killed. The judge cited lack of evidence.

Firefighters in the West are battling to contain wildfires that have scorched more than 350,000 acres and prompted evacuations. The fire you're looking at is in Utah. It's quickly approaching the town of New Harmony.

In money news, ouch. Gas prices, well, you know, they're up an average of eight cents per 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, the Nextel Cup points leader had some trouble in California. Jimmie Johnson ended up losing -- do I hear Chad in the background? Anyway, he lost the points lead after a 36th place finish.

But tell us about it, Chad. Tony Stewart?

MYERS: Yes, Tony Stewart won the -- won the race. But I'll tell you what, there were two bigger stories than that.

Forty-eight-year-old guys, Ricky Rudd, Rusty Wallace and Dale Jarrett came in second, fourth and fifth. Hooray for the old guys. And Dale Earnhardt, Jr. was voted sexiest racecar driver in NASCAR.

COSTELLO: He's not doing so hot this year, though, is he?

MYERS: No. At least he has that going for him, because his car's not going so good.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

MYERS: Sure.

COSTELLO: Still to come this morning, a sad tale of a swim in the ocean gone terribly wrong.

You're watching DAYBREAK for Monday, June 27.

(COMMERCIAL BREAK)

COSTELLO: Vacationers and residents along the coast of Florida's Panhandle are on alert. That's because over the weekend was killed by a shark. And that attack took place pretty close to shore.

CNN's Carol Lin has more on the story.

(BEGIN VIDEOTAPE)

CAROL LIN, CNN CORRESPONDENT (voice-over): Those who dared go in the water near Destin, Florida, did not venture far from shore for good reason. The day after a shark killed a 14-year-old girl, beachgoers could see the dark outlines of what looks like at least one shark in the water. Police told CNN there were sharks at the same beach where the girl was killed.

UNIDENTIFIED FEMALE: We had all this week spent time in the ocean and had children who had been in the ocean. And it's just a little frightening to think about that. And our hearts just go out to the family.

UNIDENTIFIED FEMALE: Absolutely staying away from the water. It's -- it was kind of nerve-racking. I was actually going into the water when they were telling me to come out. And we saw everybody just rushing out.

LIN: It was just before lunchtime Saturday when Jamie Daigle was swimming far offshore near the San Destin Resort with another 14-year- old girl. The only sign of the shark, an ominous dark shadow swimming towards them.

Suddenly, Jamie was pulled underwater in a pool of blood. Her leg badly mangled. She was face down in the water. The shark circling for another attack when surfer Tim Dicus pulled the unconscious teenager onto his board and swam to safety.

TIM DICUS, TRIED TO RESCUE VICTIM: 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.

LIN: Tim did get to meet the girl's father, who thanked him for heroically trying to save his little girl. Meanwhile, Jamie Daigle's family is back in Gonzalez, Louisiana, and in mourning.

GARY BELSOME, REV., FAMILY PRIEST: The family is doing fine at this time. They're at home with their family and friends. They've had family come in from out of town. And their neighborhood is a very close community.

She was a very vivacious young lady. As you see in the picture, she's got a beautiful smile and was always very up and happy.

She was very athletic and actually was working here. We have a summer camp going on right now for young people. And she was one of the volunteers who was working with the younger children.

LIN: An autopsy will tell more about the attacking shark, how big, even why it may have attacked. It is little comfort to the Daigle family that, while sharks are common off the Florida Panhandle coast, one has never attacked at the beach where their daughter was swimming.

The beaches are open again, but fear and questions remain.

Carol Lin, CNN.

(END VIDEOTAPE)

COSTELLO: We want to talk some more about this, because we don't want to frighten people, because shark attacks are rare.

MYERS: They are.

COSTELLO: We have some statistics to show you, just to put this all into perspective.

MYERS: Unprovoked shark attacks in the past I don't know how many years, three or four years, have actually been coming down because of public awareness. Some of the numbers, there have been more bites, like in 2001 than in 2004. But also, people said that probably the hurricanes had something to do with that. There weren't as many people in the water, weren't as many people on the beaches.

Here we go. From 2002, 47 attacks, to 2004, only 30 attacks, Carol. But there are some things you can do when you go into the water.

One, don't wear jewelry. You absolutely cannot wear jewelry in the water. I mean, think about it, if you go fishing, what do you do? You put something that's sparkling on the end of you line.

Don't swim at twilight or in the dusk hours, because that's when they really feed the most. And if you see fish jumping around, jumping out of the water, maybe it looks entertaining, but that's also probably saying that something -- something is feeding on those little bait fish. That's why they're jumping out of the water.

Never wear the color yellow. They really like that color.

COSTELLO: Really?

MYERS: And try to stay in a group. Try to -- if you stay in a group, the sharks are less likely to actually come at two or three people, than all by yourself.

In all fairness, she was with another swimmer there, but she was pretty far out, 200 yards. And one of the guys that works here, Bob Van Dillen (ph), he does the news, the weather over at Headline News, he was down at Sandestin about three weeks ago, said a shark scared him out of the water, and he's been surfing for 15 or 20 years -- Carol.

COSTELLO: Really?

MYERS: So he said he saw it and got out of the water. But you need to get out of the water slowly. Don't panic, start splashing around, because then the shark sees you splashing around and that's what he's going after.

COSTELLO: It's awfully hard not to panic.

MYERS: Absolutely.

COSTELLO: It's awfully hard. All right. Well, we'll have more information hopefully in the days to come.

This program note for you. The surfer who tried to rescue the 14-year-old girl will be a guest on "AMERICAN MORNING." You can catch that at 7:00 a.m. Eastern.

Here's what's all new in the next half-hour of DAYBREAK.

How long will it take for the U.S. to defeat the insurgents in Iraq? Donald Rumsfeld has an idea, but you might not like his answer.

And we want to hear from you this morning. Should Gitmo be closed? Has the time come? Do you think it's necessary?

E-mail us at DAYBREAK@CNN.com.

(COMMERCIAL BREAK)

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

COSTELLO: And good morning, everyone. Thank you for waking up with us.

Coming up in the next 30 minutes, international warrants issues for the CIA American operatives. It reads like a movie, but it's very real. We'll bring you the story from Rome.

And Dennis Rader, the suspected BTK killer, will be in a Kansas courtroom today. We'll have a preview.

But first, "Now in the News."

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 don't know yet if anyone was hurt.

In Kenya, a judge has freed three charged with conspiracy in the 2002 suicide bombing of an Israel-owned hotel in Mombasa. The bombing killed 15.

The Royal Nepalese Army says Maoist rebels have abducted 90 schoolchildren from western Nepal. The military says the children were taken Wednesday about 185 miles west of Katmandu.

In southwestern Utah, wildfires have closed Interstate 15. Officials say the St. George fire grew from 2,000 acres to 8,00 within 12 hours. Still, they say they're making progress in containing the wildfires.

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