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CNN Live Today

Dam Could Give Way In Massachusetts; Saddam Hussein On Trial; Struggle Over Dead Soldier's Remains

Aired October 18, 2005 - 10:00   ET

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

TONY HARRIS, CNN ANCHOR: I've made the adjustments, trust me. Have a great day guys.
And good morning, everyone, I'm Tony Harris at the CNN Center in Atlanta sitting in for Daryn Kagan this morning.

From menacing skies overhead to water-soaked ground under foot, we're following three weather-related dramas that are developing this hour. In Massachusetts, flood waters rise, a dam falters, a massive evacuation grows more urgent.

A severe weather watch blankets Southern California where vicious thunderstorms have unleashed walls of water and mud.

And from the Caribbean to the Katrina zone, all eyes are on Wilma. The latest named storm of this extraordinary season is gaining strength and stoking fear.

Let's begin this our in Taunton, Massachusetts, where officials say a dam could burst at any moment. Some 2,000 people have been urged to evacuate and the National Guard and local police are on standby if the structure fails. CNN's Dan Lothian is in Taunton with the latest on this developing situation.

Dan, good morning.

DAN LOTHIAN, CNN CORRESPONDENT: Good morning, Tony.

I'm standing right along the Mill River. And as you can see, much higher than it should be, overflowing its banking in this area here. We're about a mile-and-a-half down river from that dam that you've been talking about. It's an old wooden dam more than 100 years old. And there's a concern that if that gives way, there would be a wall of some six feet of water flowing into a community of some a hundred homes and then eventually flowing all the way here into downtown Taunton.

So, as you mentioned, some 2,000 people have been strongly advised to evacuate. In fact, this morning officials were going door to door telling folks that the situation could become critical so they need to get out now while they still can. Governor Mitt Romney, who has been criticized of late for his slow response to some other flash flooding incident in Western Massachusetts, has responded quickly to this one, was here earlier this morning meeting with emergency management officials, getting briefed on the situation. And he says there's real reason to be concerned. (BEGIN VIDEO CLIP)

GOV. MITT ROMNEY, MASSACHUSETTS: We're all looking at why this has occurred, how we can prevent circumstances like this from happening again. This is one of our high hazard dams. It's a privately-owned dam, as you know. We have some 600 dams of this nature. Fortunately it was inspected on time and repairs were requested in a timely basis, were being undertaken.

(END VIDEO CLIP)

LOTHIAN: Now there's some good news and bad news. First of all, the water is flowing through that dam, so it does shows that the integrity, obviously, is not holding that the point. So that's bad news.

The good news, though, is that because the water is flowing through, engineers say that it's relieving some of the pressure. So they still believe that it could buckle, but so far it is holding.

Some other good news. We are told that the water level in the lake that feeds into the Mill River has dropped slightly, so they're very happy about that. And also engineers have had a chance to check out a secondary dam. There was concern that if the old wooden dam would give way, the secondary dam would also give way creating a catastrophic problem. Now in daylight, they've had a chance to check that one out and they do believe that if the first dam gives way, the second one will most likely hold.

Tony.

HARRIS: And, Dan, there doesn't seem to be anything amiss with the inspection process. What, these dams are inspected every two years or so?

LOTHIAN: That's right. And the governor in his press conference earlier today said that this one had been checked out. It has been routinely inspected and any kind of repairs that need to be done are done. It is, as you probable head, it is privately owned and it is privately maintained. So he does say that that has taken place. But, obviously, there's a lot of concern from residents here who say this has been a problem for a long time. Any time you get a lot of rain, there's a threat that this dam could give way and they believe that it should have been shored up long time ago.

HARRIS: And, Dan, check me on this. We're expected to hear from the mayor of Taunton, Mayor Robert Nunez (ph), pretty soon.

LOTHIAN: That's right. He was expected to hold a press conference starting at 10:00. So it could be at any moment now, to give us an update on what the engineers have learned after going out there and inspecting the bridge again or the dam.

HARRIS: CNN's Dan Lothian.

Dan, thank you. Appreciate it. Now the mudslides in Southern California. This rushing torrent of water and mud is barreling unimpeded down a Burbank mountainside, cleared by an earlier brush fire. And yesterday heavy rains knocked power out to some 140,000 homes and businesses. More storms overnight and into this afternoon are expected to add to the problem. A lot of weather to talk about. Let's get you upstairs now to the CNN weather center and Dave Hennen.

Dave, good morning.

(WEATHER REPORT)

HARRIS: The hard learned lessons of Hurricane Katrina go under the microscope this hour on Capitol Hill. We're following two hearings now getting underway. Here two House subcommittees are holding a joint hearing on rebuilding New Orleans in the wake of the devastation.

On your left here, you see the actual hearing, the hall and the hearing underway. And on the right you see Louisiana Governor Kathleen Blanco who is appearing via the video link. Also this hour, senators debate the issue of flood insurance. Only 30 percent of the Gulf Coast homes damaged by Katrina had that coverage. Some say the government shares the blame because of insufficient information on who's at risk.

A House investigation into the federal response to Katrina has revealed feuding, frustration and gaps in communications. CNN has obtained several of the e-mails exchanged during the crisis, including this one early on. FEMA's press secretary clearly bristled as her boss, Mike Brown, was put in charge of the relief effort. Quoting now, "demote the undersecretary to principal federal officer?" Sharon Worthy wrote on September 30th, "what about the precedent being set? What does this say about executive management and leadership in the agency?" Brown's one word response, "exactly."

In fact, even before Katrina came ashore, Brown's deputy chief of staff dismissed the idea of the White House creating an interagency group. In an August 28th e-mail, Brooks Altshuler wrote, "let them play their little reindeer games as long as they are not turning around and tasking us with their stupid questions."

Another matter to arise from the House probe. It appears that in those first days of the Katrina disaster, even FEMA's lead official in Mississippi wasn't quite sure where Brown was or how he could be reached. So stay with us. We'll take a closer look at more e-mail obtained by CNN in the our next hour.

FEMA's responsiveness to such disasters will be a focus of a new homeland security spending bill. President Bush in signing the measure later today is hoping to streamline FEMA by relieving it of preparedness planning. Instead, FEMA will focus only on responding to storms and other disasters. Some critics say FEMA lost direction when it was folded into the Department of Homeland Security.

In Washington, there are few topics generating as much buzz as the grand jury investigation of who leaked a CIA operate's identity. That could be a criminal offense and most certainly a scandal if the leak can be traced backed to the Bush administration. CNN White House Correspondent Suzanne Malveaux takes a closer look.

(BEGIN VIDEOTAPE)

SUZANNE MALVEAUX: Just days away from the federal grand jury deadline, Special Prosecutor Patrick Fitzgerald will decide whether he'll seek criminal charges against anyone for leaking the identity of CIA Operative Valerie Plame. Legal sources say Fitzgerald is also considering seeking lesser charges like perjury or obstruction of justice. Most of Fitzgerald's attention seems to be focused on Karl Rove, President Bush's top political adviser, who testified for the fourth time on Friday, and Scooter Libby, the vice president's chief of staff, whose testified numerous times before as well.

Rove denies leaking but has admitted to talking with reporters about the fact that former Ambassador Joe Wilson's wife worked at the CIA. According to "Time" magazine, Rove already has a contingency plan if he's indicted to resign or to go on unpaid leave, a scenario the president refused to talk about.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: We're not going to prejudge how I can prejudge the outcome of the investigation.

MALVEAUX: But Rove's attorney, Robert Luskin, said, "there is absolutely no truth whatsoever to the report that Mr. Rove has made contingency plans concerning his possible indictment."

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: Karl is here at the White House doing his duties as he always does.

MALVEAUX: Already there's speculation about who would move in as part of Mr. Bush's new team.

DAVID GERGEN, FORMER PRESIDENTIAL ADVISER: I would imagine that the president would ask Ed Gillespie to step in and take that role. He's a very senior person who's experienced. The president likes him, relied on him.

MALVEAUX: But Republican sources say, until Fitzgerald makes his next move, everyone is just holding their breath.

Suzanne Malveaux, CNN, the White House.

(END VIDEOTAPE)

HARRIS: And now on to Congress and President Bush's Supreme Court nominee. Many senators have been withholding judgment on Harriet Miers, saying they need to learn more about her. That may happen today. Miers is scheduled to return a 12-page questionnaire to the Senate Judiciary Committee. Among the questions on that document, has Miers offered private assurances to anyone about how she would vote on any Supreme Court case. The committee is expected to announce soon the November date for Miers' confirmation hearings. The Bush administration continues to push the Miers nomination, but at least some Americans think that's a mistake. Thirty-six percent of the participants and a CNN/"USA Today"/Gallup Poll conducted over the weekend said President Bush should withdraw the nomination. Forty-six percent said the nomination should not be withdrawn.

As the president pushes his Supreme Court nominee and deals with other major issues, his poll numbers continue to slide. Only 39 percent of those questioned over the weekend said they approve of the way Mr. Bush is handling his job. That's down from 45 percent in late September. Fifty-eight percent voiced disapproval in the latest survey. That's up from 50 percent previously.

The poll numbers may be the lowest of Mr. Bush's presidency, but we were wondering, how many other recent presidents have had approval ratings so low. Here's what we found.

(BEGIN VIDEOTAPE)

HARRIS, (voice over): Every single president since John F. Kennedy has seen approval ratings lower than President Bush has right now. President Johnson's numbers dipped down to 35 percent in 1968, pressuring him into withdrawing his bid for reelection. Richard Nixon's approval rating was down to 24 percent during Watergate. He, of course, resigned.

Gerald Ford was down to 37 percent in 1976 during his ill-fated election campaign. Jimmy Carter's numbers dropped as low as 28 percent during the late '70s and even the beloved Ronald Reagan saw approval ratings as low as 35 percent in 1983 when unemployment numbers were soaring. Reagan, of course, came back quickly and never dropped below 40 again.

The elder George Bush had his ratings down to 29 percent at one point in 1992. And more recently, President Clinton had his approval rating drop to 37 percent during his first two years in office. They never dropped that low again, even during the Lewinsky scandal. So while President Bush's numbers may be at an all-time low, they're not setting any records and there's still plenty of precedent to suggest they could come back up.

(END VIDEOTAPE)

HARRIS: And we are continuing to follow a developing story out of Massachusetts. The Whittendon Pond Dam on the brink of collapse and a town that would be in the path of the rushing water. More on this story throughout the morning.

Also, Saddam Hussein just hour away from trial and accused of a massacre of scores of people. We'll look back at the day that led to all those deaths.

And many families are divided over the war in Iraq, but not like this. The parents of one soldier battling in court over where to bury him. We'll be right back. (COMMERCIAL BREAK)

HARRIS: Two and a half years after his ouster from power, nearly two years since his capture near his hometown of Tikrit, former Iraqi President Saddam Hussein goes on trial tomorrow, charged with crimes against humanity.

CNN's Aneesh Raman joins us with a look at the accusations.

Aneesh, good morning.

ANEESH RAMAN, CNN CORRESPONDENT: Tony, good morning to you.

It's the first of perhaps some 12 trials that Saddam Hussein could face. We've got a look at the courtroom today. This is video from inside where Saddam likely tomorrow, along with seven other defendants, will appear.

It is expected that the charges against him, which include crimes against humanity, will be read. It is also expected that the defense team will request an adjournment for a number of days, if not weeks, for further review of evidence. But again, no one quite sure exactly what will take place.

Now, this first case stems from what took place in 1982 in a northern Iraqi village.

(BEGIN VIDEOTAPE)

RAMAN, (voice-over): On July 8, 1982, Saddam Hussein drove into Dujail. Crowds running alongside his convoy. Women rushing to kiss his hand, bellowing in forced joy. It was the sort of visit Saddam often orchestrated, showing he was a man of the people, but when offered a glass of water in one home, he declined, always fearful of attempts to poison him.

Saddam then spoke to a crowd from atop the local party headquarters about the war with Iran.

He was about to find out just how courageous. On this road, six young men were preparing to ambush the dictator. Mohammed Ali drove one of the shooters to the scene.

MOHAMMED ALI, DRIVER, (through translator): Hassan (ph) came to me. I took him on my motorcycle. I remember he was carrying two pistols. We drove through orchards looking for other men but we only saw two. Hassan shot with his pistol to give the group a sign to start shooting at Saddam.

UNIDENTIFIED MALE, (through translator): When the convoy reached the orchards, three gunmen started shooting at his convoy from the left side. Saddam's guards started shooting back.

RAMAN: Saddam escaped unhurt and moments later villagers desperately tried to prove their loyalty. But Dujail knew its fate. Immediately a dictator's vengeance descended upon the village. With icy calm, Saddam himself started interrogating terrified locals.

No one's loyalty is taken for granted.

And in the ensuing weeks, thousands of innocent villagers like Ali, who was 14 at the time, were thrown in jail, tortured and many others executed. Dujail was destroyed. Villagers show us barren lands that once blossomed with orchards where the rebel gunman hid that fateful day.

Ali lucky. He survived four years in prison. But he never knew what happened to his brothers. They were also in prison that day. And it was only after Saddam's fall that he learned the worst.

ALI: (through translator): I found a document signed by Saddam in 1985 to execute some of the Dujail people with us in the prison. One hundred forty nine people, including seven of my brothers, 34 of my relatives and 118 people of my town. They are now forgot. To God they have returned.

RAMAN: Photos of his brothers proudly hang on Ali's living room wall, casualties of state terror. In sheer numbers, Dujail was not nearly the worst of Saddam's atrocities, but that is of no consequence to the villagers.

UNIDENTIFIED MALE, (through translator): Saddam should be executed immediately for this because he killed and executed to many.

RAMAN: And now justice may finally come to Dujail, 23 years too late, but sooner than anyone here could have imagined.

(END VIDEOTAPE)

RAMAN: And, Tony, when I traveled to Dujail, it was clear residents there were eager to see this trial get underway as is all of Iraq. Iraqis will be watching tomorrow.

Tony.

HARRIS: And, Aneesh, what's an election what's a referendum vote without some claims of irregularities. What's the latest on the referendum vote from over the weekend?

RAMAN: Well, the allegations are that voter fraud was committed by Shia and Kurd in the areas that voted for the constitution, that people voted multiple times in favor of the draft document. The Iraqi electoral commission is now auditing ballot boxes. They say they do that any time a ballot question get a vote above 90 percent. So it's mechanical that they would proceed this way.

But the ramifications are substantive. If the Sunni minorities who turned out to vote, attempted to reject this document, not only are living under a constitution they don't approve, but they deem the process by which it was ratified illegal, it could definitely further distance them from the political process.

Tony.

HARRIS: Aneesh Raman for us in Baghdad.

Aneesh, thank you.

Two U.S. Marines are the latest American troops to die in the Iraq conflict. A U.S. military spokesman say the two belonged to the second Marine expeditionary force. Both were killed yesterday in a fire fight with insurgents in the Iraqi city of Rutba. In all, 1,981 U.S. troops have died in Iraq.

A U.S. soldier who died in battle months ago is still not resting in piece. That's because his divided parents can't agree on where to bury him. Now it's up to a judge to decide. That story just ahead.

Also, a first since 9/11 today in Washington. Private planes returned to Reagan National Airport. We're live with the question, why now.

And live pictures now of the Whittenton Pond Dam. This is in Taunton, Massachusetts, which is about 30 miles south of Boston. About 2,000 of the residences of Taunton have been evacuated and they were evacuated yesterday because that wooden dam there that you see is threatening to give way. And if that dam does go, there would be obvious flooding in neighborhoods downstream, including the cities downtown. We are following this developing story. We'll have updates throughout the morning. We'll be right back.

(COMMERCIAL BREAK)

HARRIS: Now a story of two tragic events. The first one took place in Iraq, where an American soldier died. The second one is underway in California, where the soldier's divorced mother and father are fighting over his remains.

CNN's Heidi Collins has details.

(BEGIN VIDEOTAPE)

HEIDI COLLINS, CNN CORRESPONDENT, (voice over): Renee Amick and Russell Hendrix are no strangers to courtroom battles. Their bitter divorce 14 years ago took three years to resolve. Ugly allegations flying from both sides.

This week, they took it to the bitter end, taking it to a Santa Cruz, California, courtroom the question of where their oldest child should be buried. Jason Hendrix, 28, died in Iraq last February.

RUSSELL HENDRIX, JASON HENDRIX'S DAD: Dad, when I see this card, it reminds me of you. Despite the fact that you and I have never really had that close of a father-son relationship. You did teach me a lot when I was younger about responsibility. Despite the fact that you and I have never really had aye that close of a father-son relationship. You did teach me a lot when I was younger about responsibility.

COLLINS: If a soldier dies without a spouse or children of his own, the Army regulations give custody of the body to the older parent. His father buried him in Oklahoma next to his grandfather. His mother went to court. She wants Jason buried in California and claims in a phone call from Iraq he told her that's what he wanted, too.

RENEE AMICK, JASON HENDRIX'S MOTHER: This is what he considered his home. He came home on all of his leaves here and all of his friends that he grew up with, you know, grade school, high school, junior high, and then, of course, his family was here, too.

COLLINS: During the five-day trial, even Judge Robert Young (ph) said he wished the family had been able to resolve this on their own. But all effort of compromise have failed. The Pentagon offered to bury Jason in Arlington National Cemetery. But while that was fine with his mom, it was not went his dad. Cremating the body and sharing the ashes between the parents was also rejected. Omar James is Russell Hendrix's lawyer.

OMAR JAMES, RUSSELL HENDRIX'S ATTORNEY: He finds the concept of disinterment absolutely immoral and desecration of the body of his son. And it's inconceivable to him why in the world his ex-wife is motivated to do this. It really doesn't it's incomprehensible.

AMICK: It's hard. It's hard. But we're just taking it one day at a time and just waiting, you know, for the decision to come in.

COLLINS: The judge's ruling in this case is expected some time next week. The Pentagon is rewriting the forms soldiers will fill out before they're deployed to eliminate painful confrontations like this on top of the sorrow of losing a child.

(END VIDEOTAPE)

HARRIS: That was CNN's Heidi Collins. We'll bring you an update when a judge issues a ruling.

A check now of stories making headlines.

European Union foreign ministers are discussing how to deal with the potential outbreak of bird flu, this after the possible discovery of the feared virus on a Greek island. In Romania, tests have already confirmed the deadly strain. More than 60 people have died of the disease in Asia.

A potential bird flu pandemic has the Swiss-based maker of Tamiflu making plans to increase production of the drug. The FDA has approved an additional capsule manufacturing site for Roche Pharmaceuticals within the U.S. Additionally, Roche is willing to discuss sub licensing the drug's production in other countries. Tamiflu is one of the few drugs considered effective across a wide range of flu viruses.

In Pakistan the earthquake relief effort is a race against time that the U.N. fears may be lost. With winter weather on its way, the U.N. World Food Program says as many as half a million people still haven't received any help. The quake hit the Himalayan region October 8th, killing an estimated 54,000 people.

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