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CNN Live At Daybreak

Judging Miers; Wreck of Tour Boat Raised From New York Lake; Simpson Legacy

Aired October 04, 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 Tuesday, October 4. The search to find out why a leisure day on the lake turned deadly. Raising the Ethan Allen, and raising questions about that accident on Lake George. There are new developments this morning. We'll take you live to Warren County, New York, for the latest.
Also, the president calls her a pit bull in size six shoes, but was the conservative right looking for a Supreme Court nominee with more bite?

And if it doesn't fit, you must acquit. But they did. The week and verdict that kept us riveted 10 years ago now.

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 capsized boat in just a minute.

Also ahead, deja vous for Tom DeLay of the worst kind. He's been indicted again.

And the Packers and the Panthers went head to head on "Monday Night Football." The final scores just ahead.

But first, "Now in the News."

In New Orleans, the search for bodies in the aftermath of Hurricane Katrina now officially over. The storm killed more than a thousand people, most of them in Louisiana.

Also, other are concerns today about the levees. Two canals near the 9th Ward are closed as a precaution. Engineers fear strong winds and higher tides could create problems.

The U.S. military, backed by Iraqi security forces, launched two new operations today. One is in Iraq's huge western province of Anbar. Operation River Gate is the second offensive against insurgents there. Forces are focusing on the area around Haditha. That's about 75 miles west of Baghdad. The other offensive, Operation Mountaineer, targets the southern district of Tanin (ph).

We'll take you live to Baghdad for more on all of this at the half-hour.

Today marks the beginning of a holy period for Muslims. Ramadan begins with the first sighting of the crescent moon. Muslims will fast from dawn to dusk.

To the forecast center now.

Good morning, Chad.

CHAD MYERS, CNN METEOROLOGIST: And, of course, Happy New Year to all of our other friends, Carol.

And you know what? Stan becomes a hurricane.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

She's part of President Bush's inner circle, and she's never served a day on the bench. So does Harriet Miers deserve to be a Supreme Court justice? That's a question you might be asking yourself this morning after President Bush nominated his White House counsel for the nation's highest court. And if you're asking that question, you're not alone.

Here's CNN's Senior Political Correspondent Candy Crowley.

(BEGIN VIDEOTAPE)

SEN. HARRY REID (D-NV), MINORITY LEADER: Hello, everyone. I'm happy to be here today with Harriet Miers.

CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT (voice over): Miers has never been a judge. A resume which prompted a conservative group to call her possibly the most unqualified choice since Lyndon Johnson tapped his lawyer. Meanwhile, the Senate's top Democrat sang her praises.

REID: So anyone with that background makes me feel good. Someone who has been in a courtroom, tried cases, answered interrogatories, done all those things that lawyers need to do.

CROWLEY: In the first week of a nomination, supporters are usually effusive and critics are polite, if not always by miss manner standards.

SEN. CHARLES SCHUMER (D), NEW YORK: And my first reaction is a simple one, it could have been a lot worse.

UNIDENTIFIED FEMALE: I see no negatives at this stage in Harriet Miers.

CROWLEY: But this time is different. In the yin and yang of Washington politics, if two left leaning Democrats are not unhappy, then right-leaning Republicans must be. Conservative Commentator Rush Limbaugh took the case to the vice president.

RUSH LIMBAUGH: Some acknowledge on you part that there's some disappointment out there that there's not somebody that can be immediately rallied around and you've got people saying that they're depressed and they're thinking that this is a decision that has let them down and they're frankly a little worn out having to appease the left on all of these choices.

RICHARD CHENEY, VICE PRESIDENT OF THE UNITED STATES: You'll be proud of Harriet's record, Rush, trust me.

CROWLEY: But conservatives don't want a nomination that require as leap of faith. Stung by an unexpectedly liberal Justice Souter, another choice with a short paper trail, the right wanted a well- documented judicial conservative. Some Republicans believe Miers is a copout by a president without the polls or a stomach for a fight. "Her selection," wrote conservative William Kristol, "will unavoidably be judged as reflecting a combination of cronyism and capitulation."

Yikes. When the friendly fire is that loud, what must the president's most reliable critics be saying? Pretty much the same thing.

TOM MATZZIE, MOVEON.ORG PAC: What we know about her is that she's a friend of the presidents. And when the president is choosing a friend, that wreaks of cronyism.

CROWLEY: The White House is busy reaching out and reassuring wounded conservatives while Democrats sit back and enjoy the show. The noise was so loud from the right that the Democratic National Committee decided it could wait a day or two before adding its voice to the mix.

Candy Crowley, CNN, Washington.

(END VIDEOTAPE)

COSTELLO: In case you're keeping score, it's now two indictments for Tom DeLay in less than a week. A Texas grand jury re-indicted the Republican representative. But this time he's been charged with money laundering.

Here's what DeLay had to say about the indictments during a radio interview.

(BEGIN AUDIO CLIP)

REP. TOM DELAY (R), TEXAS: Another wonderful day in the life of Tom DeLay. I've got to tell you, it's been quite a day.

Well, Dick DeGuerin found that I had been indicted last week on a crime that doesn't exist. And can you imagine that?

UNIDENTIFIED MALE: And how could that be?

DELAY: Because the law that connected conspiracy to the election code was passed in 2003. This event happened in 2002. So this crime didn't even exist. And -- I'm sorry for laughing. This is -- this is beyond -- it's just unbelievable.

I mean, he's making the Keystone Cops look good. (END AUDIO CLIP)

COSTELLO: The charges stem from a campaign finance case. DeLay allegedly helped funnel money from corporations to candidates in local Texas campaigns. DeLay's attorney filed a motion to dismiss the original indictment, which then led to indictment number two.

(BEGIN VIDEO CLIP)

DICK DEGUERIN, TOM DELAY'S ATTORNEY: I thought that this would be resolved quickly and Congressman DeLay could get back to Washington and resume his post. But obviously the game here is to keep Congressman DeLay out of his leadership post in the Congress.

(END VIDEO CLIP)

COSTELLO: Under congressional rules, DeLay had to give up his post as House Majority Leader while under indictment, but he still serves on Congress.

Authorities are taking some action in the wake of Sunday's tour boat accident in upstate New York. The wreck of the Ethan Allen has been raised from the waters of Lake George. You see it there. It capsized while carrying a group of senior citizens. Twenty were killed.

Nina Bouphasavanh, from our Albany affiliate, WTEN, has the latest.

And I probably butchered your last name, so say it correctly for our audience.

NINA BOUPHASAVANH, REPORTER, WTEN: It is . But that was very close, so it's OK.

COSTELLO: Give us the latest. Thanks for joining us.

BOUPHASAVANH: Well, later this morning, at about 10:00, there will be a press conference here at the Warren County Sheriff's Office. Now, for the next two days, investigators will focus their time in collecting preliminary evidence.

Now, we spoke with the lead investigator last night, and he tells us they're not handling this investigation as a criminal case, but because 20 people died, they're definitely concerned about how many people were aboard -- the crew members that were aboard on the ship. They're frequently afraid that there may be some problems in that they couldn't handle what exactly happened because there weren't enough crewmembers aboard, and that's one of the questions that they'll be answering later today.

COSTELLO: How many crewmembers are they required to have on board?

BOUPHASAVANH: Well, New York State says one of the requirements for a vessel carrying 21 to 50 people is that there should be two crewmembers aboard the ship. And there were about 48 people on this ship. So far, they've only found out that there's -- the ship only had one crewmember aboard.

COSTELLO: And, of course, that was the captain. He hasn't been tested...

BOUPHASAVANH: The captain.

COSTELLO: He hasn't been tested for drugs or alcohol. Is that normal in a case like this?

BOUPHASAVANH: Yes. Well, when we spoke with the lead investigator, we asked if he was tested for drugs or alcohol, and he believes there is no reason to actually test him for those. You would think it would be standard, but he has not been tested, he has not spoken to us. The captain, Richard -- Richard Paris, has not talked to the media about being suspended, having his license suspended.

COSTELLO: And as for the wake of another boat causing this accident, there are some reports that boat was two miles away from the boat that capsized. What are investigators saying about that?

BOUPHASAVANH: Investigators say it's too early to determine what exactly is going on. When we spoke with them yesterday, they said they don't want to jump to any conclusions.

That is why the vessel was taken into a secured building. It's somewhere that they're not telling the media or anybody, because they want to further examine it and study it. They have analysts and experts of all varying levels taking a look at it. And until they take a look at the boat and doing some more collecting of evidence, talking to the people on the boat, then they will not release any other details about that.

COSTELLO: Nina Bouphasavanh, from our affiliate WTEN, reporting for us live this morning.

Thank you very much, Nina.

Still to come on DAYBREAK, can you believe it's been a decade since the O.J. Simpson trial? We'll take a look back at a story that grabbed the world's attention.

Also, they took a big hit from Hurricane Katrina. Now Mississippi's casinos are moving to safer ground.

And behave yourself. His daddy may be chief justice, but little Jack is the one holding the cards.

Is he not the cutest kid?

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

(COMMERCIAL BREAK) COSTELLO: International markets mixed this morning. Tokyo's Nikkei is up -- can it be -- 213 points. The London FTSE down 20. The German DAX is 14 points lower.

Let's take a check under the hood now. In futures trading, oil is down 45 cents at $65 a barrel this morning. But as you know, gas prices are still high.

Your news, money, weather and sports. It is 5:14 Eastern. Here's what's all new this morning.

President Bush is hoping for a quick confirmation of his Supreme Court nominee Harriet Miers. But some senators are vowing to grill the White House counsel because she's never had any experience as a judge.

The comedian Nipsey Russell has died. Russell was on such shows as "Laugh-In," "Jackie Gleason" and Johnny Carson's "Tonight Show." In 1978, he was the tin man in "The Wiz" with Diana Ross and Michael Jackson. Nipsey Russell was 80 years old.

In money news, life insurance rates are dropping for women with breast cancer. The Hartford Insurance Company cites better research and treatment as the reason to lower rates. By the way, October is Breast Cancer Awareness Month.

In culture, back problems caused by a long flight landed Jane Fonda in a Paris hospital. Fonda traveled to France to attend the premier of a movie about her former husband, Roger Vadim. Vadim directed Fonda in the cult classic "Barbarella." She's reportedly now resting in her hotel room.

In sports, baseball's post season begins today with all eight teams in action. The St. Louis Cardinals come in with baseball's best record, but the marquee match-up may be the New York Yankees against the Los Angeles Angels.

What an exciting post season it has been. It hasn't even begun yet, Chad.

MYERS: I know. And then to see all these wildcards in there, and then all those last late games. They all didn't matter because they're going to have to play them all again anyway.

Anyway, good morning, everybody.

(WEATHER REPORT)

COSTELLO: Hey, Chad, do you believe it's been 10 years since the O.J. Simpson trial?

MYERS: Is that all? It seems like 20.

COSTELLO: Really?

MYERS: Yes. COSTELLO: It seems like it was yesterday to me. It was such a fascinating thing to watch. Of course, you know, they called it the trial of the century. And you know that O.J. Simpson was acquitted of double murder.

Simpson actually spent the days before this 10th anniversary signing autographs in Los Angeles. He was joined at the show by Al Cowlings. Remember him?

But the event's organizer says Simpson was not paid for his appearance, even though he autographed memorabilia that went for as much as $125 a piece.

CNN's Anderson Cooper takes a look back at the case that captured the nation's attention.

(BEGIN VIDEOTAPE)

JUDGE LANCE ITO, O.J. SIMPSON TRIAL: The defendant, having been acquitted of both charges, he is ordered transported to an appropriate Sheriff's facility and released forthwith.

ANDERSON COOPER, CNN CORRESPONDENT (voice-over): Ten years ago, a relieved and happy O.J. Simpson walked out of a California courtroom. He was a free man.

UNIDENTIFIED FEMALE: It is still the story of the hour, the Simpson murder case...

COOPER: His trial, which took nearly a year, provided much fodder for tabloids and countless hours of programming for television networks. Some called it the trial of the 20th century. It would most certainly change the way many Americans viewed our justice system.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: People know a lot more about how a criminal trial works, because everyone followed the Simpson case.

COOPER: The crime that sparked the Simpson trial was gruesome. The night of June 12, 1994, the bodies of Simpson's estranged wife, Nicole Brown Simpson, and her friend, Ron Goldman, were found in her front yard, stabbed to death; she nearly decapitated. Even if you weren't watching the constant news coverage of the case, some moments will no doubt still stand out. This is one of them. Five days after the murders, O.J. Simpson, about to be arrested and with police in pursuit, takes to the highway, driving slowly in his white Ford Bronco, with a gun and a friend at the wheel.

TOOBIN: There we had on live television the entire country, even more than a Super Bowl audience, following this car, wondering where he's going, what's going to happen? Is he going to kill himself on live television?

COOPER: When the chase ends, O.J. was arrested, and the pieces were in place for the trial to begin. O.J. SIMPSON, DEFENDANT: Absolutely 100 percent not guilty.

COOPER: It looked for many who were watching like a slam dunk case. There was testimony from Nicole's family about the couple's abusive relationship, supported by tense 911 tapes.

UNIDENTIFIED FEMALE: 911 emergency.

NICOLE BROWN SIMPSON: Can you get someone over here now, to 325 Gretna Green? He's back. Please.

UNIDENTIFIED FEMALE: OK. What does he look like?

N. BROWN SIMPSON: He's O.J. Simpson. I think you know his record. Could you just send somebody over here?

COOPER: There were the blood droppings on Simpson's driveway, smudges in his SUV, bloody socks and one bloody glove. O.J. seemingly unaccounted for time when the murders were being committed, and there were the characters in this macabre drama. Perennial house guest Kato Kaelin.

Nicole's friend Faye Resnick accused by the defense of dealing drugs. The much maligned judge, Lance Ito. O.J.'s maid Rosa Lopez, and a parade of police and scientists, faces and names burned into the memories of just about anyone who followed the trial.

But the man who would stand out above the others as he attempted to dismantle the state's case piece by piece was Johnnie Cochran, lead lawyer on O.J.'s prestigious and pricey dream team.

TOOBIN: What being in that courtroom every day taught you was that Johnnie Cochran owned that room.

COOPER: Cochran exposed now infamous police investigator Mark Fuhrman for his use of racist language. He took the L.A. crime lab to task for its sloppy procedures, and in one show-stopping moment pointed to a bloody glove to plant reasonable doubt in the minds of the jury.

JOHNNIE COCHRAN, DEFENSE ATTORNEY: If it doesn't fit, you must acquit.

COOPER: And that is just what the jury did. After eight months of testimony, with hundreds of pieces of evidence, as an estimated 150 million people watched, they reached their verdict in under four hours.

UNIDENTIFIED FEMALE: We the jury in the above-entitled action find the defendant, Orenthal James Simpson, not guilty...

COOPER: One criminal trial, two murders, and 10 years later we're still talking about the profound effect it had on our perception of justice.

TOOBIN: The important legacy of the Simpson case is that racial divisions still exist, and even a bizarre celebrity murder trial can bring out some very important differences in realities about American life.

(END VIDEOTAPE)

COSTELLO: And you know, Chad, we've seen it repeated in the Robert Blake trial. We've seen it repeated in the Michael Jackson trial.

I mean, has anything really changed?

MYERS: Well, maybe that's our "Question of the Day," Carol.

COSTELLO: I believe it is.

MYERS: Well, there we go. Hey. You know what? I love when a plan comes together.

What did we learn from the O.J. Simpson trial? And you have to write me things that I can read on the air, because I suspect there'll be plenty of things that I can't.

Go to DAYBREAK@CNN.com and let us know what you think. What did we learn? And what did we learn from the Blake trial?

What did we learn from other things, too, Carol?

Let me know.

Back to you.

COSTELLO: DAYBREAK@CNN.com.

Still to come this morning, Operation River Gate. The U.S. military launches another major offensive in Iraq. We'll have a live report on who they're targeting.

Also ahead, driving down energy prices. It's not only about what you pay at the pump, but how you conserve at home. We will have some money-saving tips.

You're watching DAYBREAK for a Tuesday.

(COMMERCIAL BREAK)

COSTELLO: Time for our DAYBREAK "Eye Openers."

Researchers in Japan have invented a bike-riding robot. It involves gyroscopes and balance and all of that. As you can see, the robot rides pretty much in a straight line. We're sure this will take us somewhere, we're just not exactly sure where. And we doubt Lance Armstrong has anything to worry about.

In northern Italy's Tuscany region music soothes the savage beast. But what about the savage vine? One winemaker decided music would help his crop. Mozart, Bach, from sunup to sundown. The owner says the music makes the grapes grow faster and also scares away birds that eat his grapes.

In Moscow, it's kind of difficult to paint a masterpiece when your canvas is breathing. It's a body art festival. More than 20 artists took part. The theme of the festival was the music of the world.

We all know small children can be rambunctious and unpredictable. Little Jack Roberts showed us that. He was revved up and ready for mischief when his dad, John Roberts, was nominated to the Supreme Court, but he settled down a bit the last time his family was in the spotlight.

Here's more from CNN's Jeanne Moos.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice over): Before you even see him, you hear him. He's back. Four-year-old Jack Roberts was in the spotlight again, and parents everywhere much have shuddered in sympathy when they heard the words...

UNIDENTIFIED FEMALE: Can you bring the kids up? The kids?

MOOS: He was dubbed the "Court Jester" back when his dad was first introduced. Remember how he eluded his mom and ended up crawling on the floor on national TV. But it was his dance step that got him on "The Daily Show."

Since then, Jack's every gesture has been scrutinized, flexing his muscles at the Judiciary Committee hearing, yawning, shaking hands with politicians like he was running for something. This is a kid who has a nose for news, pressed up against the window pane, eyeing the press.

(on camera): Jack was so renowned for his antics that all it took was the mere mention of his name to get laughs.

(voice over): Witness President Bush welcoming Roberts' family.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: And son Jack...

(LAUGHTER)

BUSH: ... the fellow who's comfortable with the cameras.

MOOS: Comfortable, yet wiggling in his seat at his father's swearing in, where dad thanked the committee that confirmed him.

CHIEF JUSTICE JOHN ROBERTS, U.S. SUPREME COURT: With this nomination, the committee faced a very special challenge. We found a way to get Jack into the committee room without any serious crisis.

(LAUGHTER)

MOOS: Jack's even starting to resemble a Supreme Court justice. Notice Justice Stevens' bow tie. And check out Jack's neckwear. But the headline for Monday's series of photo-ops was "Ain't Misbehavin'." When there was applause, Jack waved appropriately. He got up like a young gentleman on his dad's lap, with only a single pointed finger admonishing him.

He allowed his jacket to be straightened. He smiled on command.

Sure, his dad's eyes kept darting in his direction. At one point he cleaned his ears on camera. And there was that one moment when his legs started to move.

Would Jack dance? Would Jack fall? Saved by the firm hand of grandma.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

COSTELLO: And we never talk about Josie, the little girl, who's very well behaved.

So good for you, Josie.

Still to come on DAYBREAK, energy saving tips for your home.

And a reminder. Our "Question of the Day," what did we learn from the O.J. Simpson trial? It's been 10 years since America was captivated by this trial.

We want to hear from you this morning. E-mail us at DAYBREAK@CNN.com. That's DAYBREAK@CNN.com.

(COMMERCIAL BREAK)

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