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CNN Live At Daybreak

Legal Loophole; Gaza Tensions; Strike Two

Aired June 30, 2005 - 5:00   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 Thursday, June 30. An accused child killer's confession may never be heard by a jury. Straight ahead on DAYBREAK, a seemingly rock-hard case against the man accused of murdering a Florida girl begins to crack. How come? Three little words: "I want a lawyer."
Plus, head for the door. Another stray pilot triggers a security alert in Washington.

And a Muslim cleric at the CIA. An alleged kidnapping incident goes all the way to the Italian parliament. We'll take you live to Rome.

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 John Couey's confession in just a moment.

Also ahead, why aren't you going to the movies anymore? Is the price of a ticket keeping you at home?

And isn't it ironic? You won't believe what building got struck by lightning.

But first, "Now in the News."

Angry Israeli Gaza settlers clash with security forces. Just minutes ago, the Israeli army declared the entire Gaza Strip a military zone, effectively closing it off. That's to prevent more hard-liners from joining the settlers opposed to being removed.

An announcement from Canada's health minister that could shock older Americans. He's looking into drafting legislation, banning the bulk of export prescription drugs to the United States and other nations. He says Canada cannot be America's drugstore.

NASA is expected to announce today that it will give a green light to its July shuttle launch schedule. That's despite criticism from a panel that looked at the safety of the shuttle program.

And in southwestern Minnesota, this is one of several funnel clouds that accompanied severe weather.

Chad, why don't you tell us about this?

CHAD MYERS, CNN METEOROLOGIST: Yes, it was a pretty small tornado there you could see at the top. But down at the base, that was pretty good spin right down there. That's probably an F1, maybe an F2, depending on how big that is.

Obviously that camera's zoomed in there, so you can't tell how big that is. But that's a pretty impressive storm there. And they were a little too close to be filming that, I think.

Good morning, Carol.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

MYERS: You're welcome.

COSTELLO: Remember -- remember...

MYERS: What? What?

COSTELLO: ... you can view more CNN reports online. We have to get this in every single morning, every blessed morning.

Just visit CNN.com and click on to "Watch." You can check out some of the most popular stories via video.

On to the news now.

There are accusations this morning that could impact already contentious relations between Tehran and Washington. Some Americans taken hostage by Iranian students who stormed the U.S. embassy in 1979 are saying this man, Mahmoud Ahmadinejad, was one of the hostage- takers.

Ahmadinejad was elected Iran's president earlier this month. Fifty-two Americans were captured by Iranian students and held for 444 days. An aide to the Iran president-elect says he was not involved, but five former hostages tell The Associated Press they do believe he was among those hostage-takers. One of the ex-hostages, Chuck Scott, says the Iranian president-elect was at several of the sessions where the Americans were questioned during that long ordeal.

Coming up on "AMERICAN MORNING," two former hostages from that difficult period, William Daugherty and Don Sharer, will talk about this report. That's coming your way at 7:00 a.m. Eastern.

Back in this country, police say he confessed to kidnapping, raping and burying alive 9-year-old Jessica Lunsford. And now John Couey's confession might not even be heard by a jury. Why? Here's CNN's Susan Candiotti.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): An alleged confession from a man who in chilling detail describes how he buried alive Jessica Lunsford might never be heard by a jury. The potential problem? These words from John Couey... JOHN COUEY, MURDER SUSPECT, JESSICA LUNSFORD CASE: I want a lawyer, you know.

CANDIOTTI: Not just once, but again Couey says...

COUEY: I just want to talk to a lawyer.

CANDIOTTI: But at least seven times during questioning, Couey's voice recorded by investigators, the tapes released by the Wednesday, Couey asked for an attorney.

COUEY: I want a lawyer here present. I want to talk to a lawyer, because, I mean, if people are trying to accuse something I didn't do, I didn't do it. I ain't, you know...

CANDIOTTI: The day before, police say John Couey admitted he kidnapped, raped and murdered 9-year-old Jessica Lunsford. He was interviewed by Citrus County, Florida, detectives. According to that interview, taped for evidence, he denied knowing anything about Jessica. In Couey's words, "I swear to god I had -- I mean, I don't know where she is, period."

But when investigators suggested a lie detector test, Couey asked for an attorney. In his words, "I want to talk to a lawyer first." Couey's public defender isn't talking publicly, but the suspect's request, say other criminal defense lawyers, should have stopped questioning immediately.

BRUCE FLEISHER, CRIMINAL DEFENSE ATTORNEY: The judge has to look at the totality of the circumstances to make sure that everything is freely and voluntarily given. And in this case, that's suspect.

CANDIOTTI: Even after he asked for a lawyer, the questioning went on and on. The next day, law enforcement sources say, Couey was read his rights and willingly took a polygraph in which he confessed, then made a statement to investigators. A former federal prosecutor says that could save police from a possible major blunder.

KENDALL COFFEY, FMR. U.S. ATTORNEY: It's ultimately a question of whether it's voluntary. But if a defendant is Mirandized three times before the interview begins, three times a chance to remain silent and chooses to speak, three strikes and he's out and that confession comes in.

CANDIOTTI: The sheriff would not directly answer questions about why the questioning continued after Couey asked for a lawyer. A spokesman for the sheriff calls the case against Couey "rock solid." Other sources suggest there is enough blood and DNA evidence to convict with our without Couey's alleged confession.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

COSTELLO: And our legal expert, Kendall Coffey, will join us in the next hour of DAYBREAK for more on the Jessica Lunsford case and what that confession, in or out, could mean to the suspect, John Couey, and to the case as a whole.

It has happened again. Another stray pilot flies into restricted airspace over the nation's capital, but this time the alert is brief and it's over in minutes.

It happened about 11 hours ago, when the plane flew into restricted airspace. The Capitol was briefly evacuated. President Bush was temporarily whisked to a safer location within the White House. A red alert, the highest level, was issued, also briefly.

Workers in nearby congressional office buildings were told to get out, and of course they did. The Senate was in the middle of a vote when word came of the intrusion into Washington's restricted airspace. House members also -- well, as you can see, they left.

Government workers moved to a nearby park. That while fighter jets and other aircraft scrambled to intercept that small plane. The pilot says he entered the restricted space in order to avoid bad weather. The plane that triggered a similar evacuation on May 11 came closer than the plane involved in Wednesday's incident.

Did you catch the president's speech about Iraq Tuesday night? Apparently, not as many of you did as in previous presidential addresses.

Nielsen reports the speech drew the smallest television audience of any previous address by this president. About 23 million viewers. Nielsen says that's more than eight million viewers short of the previous low for this president, his August, 2001 address on stem cell research.

The first case of mad cow that originated in the United States came from Texas. Agriculture officials say the cow had been transported to a pet food company last November, but they stress the animal never entered the human or animal food chain. Other cows from that herd are being quarantined.

In other news "Across America" now, a jury in Fresno, California, has recommended the death penalty for a man convicted in the murders of nine of his own children. Prosecutors say Marcus Wesson ordered the killings during a two-day standoff with police. Wesson fathered some of the youngest children with his own daughters and nieces. Sentencing is set for July 27.

Chicago has banned the sale of pot-flavored candy. That includes lollipops, like these Pot Suckers. The candies are made with hemp oil, which is legally used in health food. Chicago is the biggest city so far to enact an all-out ban on the candies. Makers of the confection say they are considering a lawsuit against the city.

A Texas family has decided against filing a lawsuit over their son's singing career. Seventeen-year-old Mikhael Rawls was denied the chance to sing soprano for the state's all-star choir. Organizers say the high-pitched parts are reserved for female performers only.

There are clashes in the Middle East, but not between Israelis and Palestinians. This time it's between Israeli settlers and Israeli security forces. As we told you earlier, all of the Israeli settlements in Gaza have been sealed off by the Israeli military.

For more, let's head live to Jerusalem and Guy Raz.

Good morning, Guy.

GUY RAZ, CNN CORRESPONDENT: Good morning, Carol.

The Gush Katif settlement block which houses the majority of Israeli settlers in Gaza is now a closed military zone. We understand the decision was just made a short time ago.

Now, this comes just a day after Israeli soldiers clashed with ultra-nationalists, militant settlers in the Gaza Strip. An unprecedented escalation of violence.

Now, anyone who has tuned into an international broadcast over the past five years would have seen Israeli soldiers clashing with Palestinians in Gaza. For the first time, it was Israeli soldiers clashing with fellow Israelis.

Now, at one point yesterday, Israeli soldiers even shielded a Palestinian man who was attacked by a lynch mob of Israeli settlers. They threw stones at him at close range, leaving him in critical condition. Now the Israeli interior minister is going to review that video footage, try to identify those settlers who took part in the attack. They face up to 10 years in jail if they're convicted.

Meanwhile, the Israeli government and the prime minister, Ariel Sharon, have lashed out at the settlers. The government now saying it will unleash an iron fist to restore law and order in those areas.

All of this coming against a backdrop of violence, different violence, in the northern part of the country. Israeli soldiers clashing with fighters from the Lebanese militia, Hezbollah. Those incidents began yesterday afternoon, when Hezbollah fighters launched a barrage of mortars and automatic gunfire at an Israeli military outpost on the Syria-Lebanon-Israel border.

Israeli warplanes responded soon after targeting several Hezbollah positions in southern Lebanon. We understand at least one Israeli soldier was killed, one Hezbollah fighter was killed.

Now, in 2000, the Israeli Army withdrew all of its soldiers from southern Lebanon. They still occupy an area known as the Shebaa Farms, an area that Hezbollah considers part of Lebanon, but the United Nations regards that as part of Syria and not Lebanon -- Carol.

COSTELLO: Guy Raz, live in Jerusalem this morning.

Coming up on DAYBREAK, talk about on-the-job training. A national weather service office gets caught up in quite the storm. We'll tell you all about it just ahead.

And what are you doing with your summer? Well, we know what you're not doing. And Hollywood is not very happy with you.

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

(COMMERCIAL BREAK)

COSTELLO: The international markets are mixed this morning. Tokyo's Nikkei is up by six points. The London FTSE down by just one. And so is the German DAX.

Let's talk about the movies. Movie studios and theaters are trying to weather a growing slump in sales and attendance. I'm sure you've heard about this.

They are not above using gimmicks, though, to bring out moviegoers. They're desperate people.

The AMC Theater chain is offering a money-back guarantee to see Russell Crowe's movie, "Cinderella Man." You can actually get your money back if you don't like the movie. It's been a hit with the critics but has grossed fewer than $50 million during its four-week run.

And Chad, I'm going to ask you this question this morning.

MYERS: OK.

COSTELLO: I'm stretching my neck. Sorry. I thought video would be -- you ever wonder where theaters get their money?

MYERS: From sales of popcorn at $6 a box.

COSTELLO: You got that right. Let's take a look at the DAYBREAK "Data File."

Twenty to 55 percent of the ticket price goes straight to the theaters. That's it.

MYERS: OK.

COSTELLO: But they get 100 percent of the concession sales. That -- and as you said, that's why popcorn is so expensive and why they make all their money off of popcorn.

Studios pay the theaters for those previews as well.

MYERS: Really?

COSTELLO: Yes. But the price depends on how many people come to the feature presentation.

MYERS: Oh, of course.

COSTELLO: And finally, they get less than $50 for those little advertising slides on the screen.

MYERS: Those ones that say "Don't talk during the movie"?

COSTELLO: Yes. And nobody pays attention to. They only get $50.

MYERS: All right.

COSTELLO: That doesn't even take into account those commercials that run before the movie. They get paid for those, too.

In fact, according to a CNN-"USA Today"-Gallup poll, 48 percent of those surveyed say they're going to fewer movies than they did five years ago.

MYERS: And so, Carol, that leads us to the DAYBREAK e-mail "Question of the Day."

They're spending more on films, and you're spending less to go see them. Hollywood slump. Why aren't you going to the movies, or are you?

According to the national survey, 48 percent of you actually are going to less movies than you were last year. Why? The price? Inconvenience? Hey, blame it on the weather.

Maybe -- is it bad press? Blame it on the media. You blame everything else on us.

COSTELLO: That's true. I just think it's bad movies. The movies just aren't great.

MYERS: Bad stuff out there. You know, I think a part of it in my answer is that it's too easy now to rent a movie.

I have digital cable. I hit the button, I rent that movie for 24 hours. It's $3.99.

I'm not going to get any late charges. I can pause it. I can go to -- I can go pick up Grant, I can go give him a bottle.

COSTELLO: Oh, but let's face it, Chad. The last movie you saw was "The Shawshank Redemption."

MYERS: Actually, it was...

COSTELLO: You've never gone to the movies.

MYERS: ... "Bad Santa." And it left such a bad taste in my mouth that that's why I haven't gone back.

COSTELLO: See, that's what I'm seeing.

All right. Well, send us your e-mails, DAYBREAK@CNN.com.

It has been said that lightning doesn't strike twice in the same place. Well, don't tell that to the National Weather Service Office in Johnston, Iowa. Did you hear about this, Chad?

MYERS: Yes, they got a direct lightning strike out there.

COSTELLO: Oh, they certainly did.

Chris Nagus of CNN affiliate KCCI in Des Moines has the story.

(BEGIN VIDEOTAPE)

CHRIS NAGUS, REPORTER, KCCI (voice-over): Emergency crews get the call, one full of irony. The National Weather Service is hit by lightning.

CHIEF JIM KROHSE, JOHNSTON FIRE DEPT.: It's like the fire station that catches fire. It always -- you know, it always brings up the antennas when you hear something like that.

NAGUS: It happened as meteorologists were tracking storms. It turns out they could see one out the window.

JEFF JOHNSON, METEOROLOGIST: And it happened so fast, all you see is a bright light.

NAGUS: Then an eerie feeling.

JOHNSON: And it was quite a sensation. Never had anything happen in my life before.

NAGUS: Jeff Johnson could feel tingling throughout his body. It turns out lightning hit the building, then it hit him.

UNIDENTIFIED MALE: It came up through the floor and up the side of the wall right where he was working.

JOHNSON: And it was pretty -- pretty amazing to be working for the Weather Service and get hit by lightning on the job.

NAGUS: And the irony continues. Not only does Jeff watch for severe weather, promoting lightning safety is part of his job. Think about those odds.

JOHNSON: Astronomical. Probably better odds than winning the lottery.

NAGUS: After a quick trip to the hospital, Jeff feels normal again. He's even ready to forecast the next round of Iowa storms, keeping in mind how dangerous they can be.

(END VIDEOTAPE)

COSTELLO: Again, KCCI's Chris Nagus with that report.

Still to come this morning, a follow-up to our story about a small part in as many as 16 million vehicles that could start a fire even when the vehicle is turned off. Our investigative correspondent, Drew Griffin, reports one of those vehicles may have started the fire that killed an Iowa grandmother.

You're watching DAYBREAK for Thursday.

(COMMERCIAL BREAK)

MYERS: Oh, we're getting some good e-mail answers here. Here's the "Question of the Day."

Hollywood slump: why aren't you going to see the movies? Too expensive? Bad movies? What?

You know, I'm getting a lot of guys with answers that there are just tall people sitting in front of them all the time. You don't have that problem at home -- Carol.

I don't hear you. We're going to get to "Late Night Laughs" here. David Letterman and all the boys obviously had a few things to say last night. Let's listen to a few of them.

(BEGIN VIDEO CLIP)

DAVID LETTERMAN, "THE LATE SHOW": In Bush's address last night, he said many, many improvements have been made in Iraq. He said, for example, roads have been improved, schools have been improved, medical care has improved. Now, if only that could happen here.

(APPLAUSE)

LETTERMAN: I've seen the "War of the Worlds," and for those of you who haven't seen it, I don't want to spoil the ending, but -- but Tom Cruise saves the Earth by converting the aliens to Scientology.

(END VIDEO CLIP)

MYERS: Some short ones there for you. We'll be right back after this break. Stay with us.

(COMMERCIAL BREAK)

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

COSTELLO: And good morning to you. Coming up in the next 30 minutes, we'll take you live to Rome, where the government thinks American CIA agents are involved in a kidnapping.

And could the "War of the Worlds" save this summer movie season? We'll take a look.

But first, "Now in the News."

An alleged confession from John Couey, the man who told police he raped and killed Jessica Lunsford, may never be heard by a jury. According to an audiotape of the interrogation, Couey asked for an attorney several times but was not granted one. But legal experts consulted by CNN say there is still enough evidence to convict Couey without that confession.

Most economists expect the Federal Reserve will raise interest rates at the end of today's meeting. It would make the ninth straight quarter percentage point rise by the Fed.

The Windy City is getting awfully pricey. The sales tax in Chicago is rising to 9 percent for most goods. That makes it the highest rate among major U.S. cities.

To the forecast center and Chad.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

Remember, you can view more CNN reports online. Just visit CNN.com, click on to "Watch," and check out some of the most popular stories.

In the news this morning, there are accusations that could impact already contentious relations between Tehran and Washington. Some Americans taken hostage by Iranian students who stormed the U.S. embassy back in '79 are saying this man, Mahmoud Ahmadinejad, was one of the hostage-takers.

He was elected Iran's president earlier this month. Fifty-two Americans were captured by Iranian students and held for 444 days. An aide to the Iran president-elect says he was not involved, but five former hostages tell the AP they believe he was among those hostage- takers. One of those ex-hostages, Chuck Scott, says Ahmadinejad was at several of the sessions where the Americans were questioned during that long ordeal.

It is a case of alleged kidnapping that ensnared the U.S., the CIA and international law. The Italian government is due to address parliament on the case of 13 CIA agents accused of kidnapping a suspected militant. The Egyptian-born imam, Abu Omar, two years ago.

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