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American Morning

Turning Point in Iraq; Final Appeals for Stanley "Tookie" Williams; Safety in the Skies

Aired December 12, 2005 - 9:00   ET

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

MILES O'BRIEN, CNN ANCHOR: Good morning. I'm Miles O'Brien.
The death row case that's dominating headlines California. Eighteen hours remain until Stanley "Tookie" Williams is scheduled to die. Will Governor Schwarzenegger step in? We'll have a look.

SOLEDAD O'BRIEN, CNN ANCHOR: I'm Soledad O'Brien.

Just hours from now, President Bush will try once again to build support for his Iraq strategy. Has it been paying off? We're going to take you live to the White House just ahead

M. O'BRIEN: And airline safety up in the air, so to speak. The Senate considers new security rules. What will it mean for you?

Ahead on AMERICAN MORNING.

S. O'BRIEN: Good morning. Welcome, everybody.

M. O'BRIEN: Good morning.

The president is on his way to Philadelphia, where our Constitution was crafted. And that is no coincidence. The president's agenda today: selling the war in Iraq as that country heads towards parliament elections and ultimately a constitution that will work for it. He is symbolically linking Iraq's quest for freedom to revolutionary America, as you can tell.

Suzanne Malveaux live at the White House.

Suzanne, we know the president will talk about elections in Iraq that are under way even now. What else will he be saying to make his case today?

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, Miles, the president will talk about how it's a messy process. He'll even, White House aides say, that, look, the conditions in the United States were favorable, much more favorable for setting up democracy back in the time of the conventional -- the constitutional convention, rather, and that this is symbolically important. But also, he's really trying to set the tone, not only for this week, but also for the rest of the year.

He's saying that this is going to be an important transition for the Iraqi people. A political transition here would allow at least to undercut this insurgency, allow U.S. troops to come home sooner as opposed to later.

Now, this is the third of four speeches that he has been delivering, this kind of P.R. campaign style. There are already some who are hopeful. They think that the latest polls showing that perhaps it has provided somewhat of a political boost for the president over the last couple of weeks.

You take a look at the latest AP poll. One of them showing his job approval rating has gone up recently, about 6 percent or so from November until now. You take another look at the question of how the president is handling Iraq, from 37 percent who approved of how he was handling it in November, up to 41 percent now.

But Miles, of course it is a little too soon to say just how significant those numbers are. It could be gas prices stabilizing. The administration certainly hoping, however, that they have at least some momentum that they can build on to at least get the American people's attention, make the case and say that they believe that progress and ultimately optimism for the Iraqi people is ahead -- Miles.

M. O'BRIEN: Well, you know things are dark when a four looks like a good number.

Let's talk about Democrats. They're champing at the bit to respond already, aren't they?

MALVEAUX: Well, absolutely. And as you know, Pennsylvania, it's the home state to Congressman John Murtha. This is the Democrat, of course, the hawk who has -- who has been very outspoken, a war critic, very well respected veteran who has called for the immediate withdrawal of U.S. troops.

He is going to be there in Philadelphia. He's going to be making some comments just a couple hours after the president's speaks.

His aides say that he already had something scheduled previously weeks before, but he found out the president was going to be speaking, so he decided, of course, that he is going to jump into the fight as well.

M. O'BRIEN: Suzanne Malveaux at the White House.

Thank you very much.

CNN, of course, planning live coverage of the president's speech. It begins 11:15 a.m. Eastern Time right here on CNN -- Soledad.

S. O'BRIEN: Well, Stanley "Tookie" Williams is running out of time. Last night's California Supreme Court denied his appeal to delay the execution. Now it's up to either the federal courts or Governor Arnold Schwarzenegger to stop tonight's lethal injection.

CNN's Kareen Wynter has more.

(BEGIN VIDEOTAPE) KAREEN WYNTER, CNN CORRESPONDENT (voice over): An unexpected announcement late Sunday. Not from the governor's office, but instead from Tookie Williams confident, Barbara Becknell, NB (ph) ACLU. In a conference call to reporters, they said evidence was just presented to Governor Schwarzenegger that could spare Williams' life.

Hours after last Thursday's clemency hearing, Becknell says a former prison cellmate of Williams came forward claiming he has proof the former Crips leader was framed. According to Becknell, the cell mate said evidence given by another cell mate, one of the key prosecution witnesses, was tainted in that the witness was allegedly coached by law enforcement. This testimony helped convict Williams.

CNN has called the governor's office and prosecutor's office to get confirmation on these allegations. So far, no one has gotten back to us.

Political analyst Earl Ofari Hutchison spoke with Williams by phone in a recent prison interview, offering a rare look inside the mind of a condemned killer.

STANLEY "TOOKIE" WILLIAMS, SCHEDULED TO DIE: I believe redemption is tailor made for the wretched. And therefore, I have redeemed myself. I am a redeemed man. And I believe that they should not hold my past against me. I believe that they should look and delve into what I am doing today.

EARL OFARI HUTCHISON, POLITICAL ANALYST: I didn't sense any fear. So the impression I got was this guy was really either the great con man in the world or he really is at peace with himself.

WYNTER: Williams could be in the final hours of his life. The stepmother of one of Williams' victims said she wants to be there when he takes his last breath.

LORA OWENS, VICTIM'S STEPMOTHER: I will be standing there in the name of Albert and his father watching that execution.

WYNTER: Kareen Wynter, CNN, San Quentin, California.

(END VIDEOTAPE)

S. O'BRIEN: Just one of our top stories this morning.

Other news as well. Carol has got that.

Carol, good morning.

CAROL COSTELLO, CNN ANCHOR: Good morning.

Good morning to all you.

New signs of prisoner abuse, this time at the hands of Iraqis. The Iraqi Ministry of Human Rights confirms overcrowding and medical problems, but "The Washington Post" and "The New York Times" cite much harsher treatment of prisoners in articles today. In the meantime, early ballots are being cast in the country's parliamentary elections. These pictures just coming into us now. Those are Iraqi soldiers who are showing off their inked-stamped fingers after voting. The official voting day for the rest of the population is Thursday.

Take a look at this: firefighters north of London pumping water and foam on a massive fire at an oil depot. It all started with a series of explosions on Sunday, but as you can see, it is still smoldering. Forty-three people hurt in this. British officials say the explosions do not seem to be terror-related.

"Time" magazine reporter Viveca Novak is giving her account of the CIA leak investigation story. Novak reports that Bush's top political adviser did not correct his grand jury testimony until "Time" reporter Matt Cooper was pressured by investigators to reveal his source. Novak says Rove's attorney knew during much of last year that Rove might have disclosed Valerie Plame's status as a CIA operative to a "Time" reporter.

A New York City police officer is dead, and an actor, sometimes acted in "The Sopranos," he's facing charges linked to that officer's murder. The off-duty officer was shot in an exchange of gunfire when he confronted two men at a vacant apartment in the Bronx.

Lillo Brancato Jr. is one of those facing charges, and the killer. Brancato appeared in the HBO series "The Sopranos." He was also in the movie "A Bronx Tale" with Robert De Niro. Brancato and the other suspect are said to be in critical condition because that off-duty officer, he fired, then there was return fire.

How's this for a love story: a guy donates his kidney to a woman he never met, they fall in love, and, wham, wedding bells. Disher Red (ph) and Tamika Dovans (ph) walked down the aisle on Sunday. Red (ph) worked at a kidney dialysis center in Memphis when he noticed Tamika (ph) struggling with her illness and her dialysis. So he went to her mom and he offered to be tested for a transplant. And it seems he was the perfect match in more ways than one.

That's a nice story, isn't it?

S. O'BRIEN: Yes. That's a good story.

COSTELLO: See?

Smiles on your face right now, I bet, Bonnie Schneider.

BONNIE SCHNEIDER, CNN METEOROLOGIST: A big smile. You never know where you will find true love. There you go.

COSTELLO: That's true.

SCHNEIDER: That's wonderful.

(WEATHER REPORT) On Capitol Hill today, hearings on those controversial airport security rules, the change which would include allowing small scissors onto airplanes.

CNN Homeland Security Correspondent Jeanne Meserve joining us live now from Washington.

Jeanne, what can we expect to hear today?

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: Well, Miles, always a little hard to predict, but some members of Congress are livid over the TSA decision to allow some small, sharp objects back on airplanes, asking, don't they remember what box cutters accomplished on 9/11?

The TSA says it wants to focus on a bigger threat, explosives. And some wonder, if the TSA had more screeners, would it be able to look for both, explosives and small objects?

This morning, TSA administrator Kip Hawley was asked by a business group if the congressionally mandated cap of 43,000 screeners was enough.

(BEGIN VIDEO CLIP)

KIP HAWLEY, TSA DIRECTOR: The cap stands at 43. I believe that's enough for us to do our job. And the way I start at it is looking at injuries. Our injury rates are way high, and that represents a very large failure cost that we pay for every day. And driving injuries down is going to generate working screeners.

(END VIDEO CLIP)

MESERVE: This afternoon, some committee members may well point out that, despite all the attention being given to checking passengers and luggage for explosives, most air cargo is unscreened -- Miles.

M. O'BRIEN: Well, that's a good point, Jeanne. You know, recent incidents raise some questions about these scissors and whether they really -- you know, something like box cutters or scissors could bring down an airplane.

Over the weekend, in Honolulu -- as a matter of fact, there's a person in custody now after he stormed -- attempted to storm the cockpit after threatening to kill a baby. All kinds of weird things going on. But the net of this is that the passengers didn't allow it to happen. They sort of took matters into their own hands, and that would sort of lend credence to the whole notion that you can allow, you know, scissors on and those wouldn't be a real threat.

MESERVE: Well, don't tell the flight attendants that. They, of course, are back in that cabin. They're very unhappy with this decision to move ahead to allow some small objects in.

But you're right, I mean, the aviation experts and some other segments of the airline community that are supporting this move, say, you do have empowered passengers, as it were, and you do have those reinforced cockpit doors, which mean that even though someone might be able to create some disturbance in the -- in the passenger cabin, they're not going to be able to take over the aircraft the way they did on 9/11 -- Miles.

M. O'BRIEN: Jeanne Meserve in Washington. Thank you very much -- Soledad.

S. O'BRIEN: Ahead this morning, much more on death row inmate Stanley "Tookie" Williams. He's scheduled to die in 18 hours. This morning we talk to one of his lawyers about their options right now.

M. O'BRIEN: Also, training day with Lieutenant General Russel Honore. We'll go behind the scenes to see how he's preparing troops for Iraq -- over.

S. O'BRIEN: And then later, after seeing what happened to New Orleans, will America be ready the next time disaster strikes? We're going to ask the former number two man at Homeland Security just ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

S. O'BRIEN: California's governor, Arnold Schwarzenegger, may be the last hope for Stanley "Tookie" Williams. We are still awaiting the governor's decision on any clemency.

Jan Handzlik is part of the legal team that's trying to keep Tookie Williams alive, and he joins us this morning from Los Angeles.

It's nice to see you. Thank you for talking with us.

JAN HANDZLIK, ATTNY. FOR STANLEY "TOOKIE" WILLIAMS: Good morning. Thank you for asking me.

S. O'BRIEN: You must be very disappointed by the ruling by the state Supreme Court. Have you talked to the client -- your client since that ruling came in?

HANDZLIK: Not since then. And yes, we are disappointed by that ruling. Not -- not completely surprised, but we are disappointed. And we looking forward to the 9th Circuit and the federal courts.

S. O'BRIEN: What exactly is -- are these requests based on? A new witness has come forward, is that right?

HANDZLIK: That is correct. And that information has actually been forwarded to the governor's office. So there are really two tracks that are under way this morning.

The first would obviously be with the governor, which is the request for clemency. And that is augmented by a new witness. And then we have filed papers in the U.S. Court of Appeals for the 9th Circuit seeking a stay and a seeking writ of habeas corpus.

S. O'BRIEN: Tell me about this new witness. These murders took place back in 1979. Where has this new witness been all these years?

HANDZLIK: Well, that's something that unfortunately other members of the defense team are going to have to talk about that. I know the matter has been filed with the governor, and so far it's being kept confidential.

S. O'BRIEN: So you basically have three options, then, that you're counting at this point. How confident are you feeling in any of these options? Have you had discussions with the governor's office? Do you feel hopeful that he's going to grant clemency?

HANDZLIK: First of all, we were very grateful and are very grateful that the governor held a private hearing and allowed us to fully and completely state our position, allowed both sides to do so. We feel optimistic, we feel confidence because we believe the governor will recognize that Mr. Williams, quite simply, is worth much more alive than dead.

S. O'BRIEN: Is that the essential question, or do you think that there's the question of punishing someone once they have been convicted of a crime, as opposed whether or not they have turned their life around in prison? Which obviously one of the reasons why this has become a compelling media story, is sort of the change that Tookie Williams has undergone since being in prison.

HANDZLIK: Well, of course you have to be convicted in order to be eligible for clemency. The D.A. argues that, because Mr. Williams was convicted, he shouldn't get clemency, which seems to stand the whole argument on its head.

In fact, the clemency proceeding is outside of the judicial process. The courts have found Mr. Williams guilty. And that is acknowledged and accepted. This is in addition to that, and the governor is free to consider anything that he chooses to consider in ruling on clemency.

S. O'BRIEN: Many people will say he never apologized to the family members of the victims. There's never been a sense of sorrow or regret from Tookie Williams. And, in fact, his other attorneys have said he's always maintained that, in fact, he's the wrong guy, he didn't do it.

Do you think that you would have an easier time with clemency, ironically, if he sort of said, yes, I'm so sorry, look at the changed man I've become? Do you think people, the governor and other people, would be more willing to say, let's grant clemency, he's a changed man?

HANDZLIK: Well, I think the governor, as well as the lawyers, have to take the facts as we find them. Mr. Williams has stated that he didn't do it and that he's innocent. He has said that for the past 25, 26 years.

For him to undergo some sort of clemency conversion at the last minute and say, I did it, I've been kidding all these years, would, I think, demonstrate a tremendous lack of character on his part. On the other hand, the fact that he knows or he has known that many people would reward him for confessing to these crimes, and yet he still hasn't done it, indicates to me a man who's going to stick by his principles and who says he's not guilty.

S. O'BRIEN: If clemency is denied, he will be put to death 3:01 a.m. East Coast time here in New York, and obviously just after midnight your time in California. Have you had specific discussions with your client about that?

HANDZLIK: No, I have not. And I wouldn't characterize his comments, even if I had. But I do know that he's cautiously optimistic that the governor will find a reason to grant a stay or to grant clemency.

It's important to note that in January, there's a bill that's going to be considered by the California legislature that would stop all executions in the state of California for a period of time while the fairness of the death penalty is considered. It would be terribly ironic, bitterly ironic if Mr. Williams were to be the last person executed before that happened.

S. O'BRIEN: Jan Handzlik is one of Tookie Williams' attorneys.

Thank you for talking with us this morning.

HANDZLIK: Thank you.

S. O'BRIEN: Miles.

Oh, I'm sorry. Let me continue here.

Ahead this morning, we're going to talk about Hurricane Katrina. Critical flaws obviously were exposed at FEMA. So what does the U.S. have to do to be ready for the next disaster? We're going to take a closer look at that ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

S. O'BRIEN: Are you throwing a holiday party? Do you need a little bit of background music? We've got a list of what's the good stuff for your CD collection.

Christopher John Farley with "Time" magazine drops by to help us out and help you out, as well.

Good morning.

CHRISTOPHER JOHN FARLEY, "TIME" MAGAZINE: Thanks for having me. Appreciate it.

S. O'BRIEN: It's our pleasure.

M. O'BRIEN: Can we ask you one thing?

FARLEY: Yes.

M. O'BRIEN: No chipmunks during this whole thing, right?

FARLEY: No chipmunks.

M. O'BRIEN: All right. OK. Good. All right. Excellent.

(CROSSTALK)

S. O'BRIEN: Yes, it's really about the things you like, not so much the things you don't like. What is your number one favorite holiday song, Christmas song?

FARLEY: I've got to go with Nat King Cole. Nat King Cole, "The Christmas Song." Now, there are a lot of Nat King Cole compilations out there. You want to get the right one.

"The Christmas Song' is the one to get. That has all your favorites.

It has "Silent Night," of course it has "The Christmas Song" on there, his classic rendition of the Mel Torme-written Christmas classic. It's just a terrific -- a terrific album. It's like comfort food for Christmastime.

S. O'BRIEN: It's very romantic, too. I mean, depending on what kind of party you're having.

Another classic is the "Charlie Brown Christmas" album.

M. O'BRIEN: Yes, these are my two favorites, by the way, Nat King Cole and Charlie Brown. It's great taste.

FARLEY: It's a great album because Vince Guaraldi is a terrific jazz pianist. And when they asked him to create music for the Christmas for the Charlie Brown Christmas specials, he didn't just create cartoon music, he created classic jazz that endures 40 years after he composed it.

M. O'BRIEN: Can you believe it's been 40 years since that cartoon came out?

S. O'BRIEN: Hard to believe.

FARLEY: No. And they still look like little kids. It's amazing.

(LAUGHTER)

S. O'BRIEN: They haven't changed at all.

Motown, you've got to own Motown. What do you recommend in all the Christmas songs by every Motown artist there's ever been? What do you like?

FARLEY: I would say "A Motown Christmas" is a compilation. Stevie Wonder is on there, The Jackson Five are on there. They're all doing Christmas classics. It was released in '73. It came out on CD. They keep re- releasing it.

M. O'BRIEN: It's a good one.

FARLEY: It's a really good take on Christmas music.

M. O'BRIEN: I'm -- I'm liking your taste here. I'm liking your taste.

Now, there are a lot of current artists who, you know, release these Christmas albums. And, you know, a lot of times, it's like they almost kind of phone it in.

FARLEY: Are you talking about Celine Dion. Is that it?

M. O'BRIEN: Did I say that? You are on record, yes.

FARLEY: Celine Dion? You didn't want to say the name?

M. O'BRIEN: All right.

FARLEY: "These Are Special Times." It's Celine Dion's sort of holiday album. You know, avoid that.

M. O'BRIEN: Yes.

FARLEY: It's not really good for Christmas. Maybe for Groundhog Day or Arbor Day, but not for Christmas. That's too special a holiday.

S. O'BRIEN: Let's wrap up with one that you love. There's always sort of the group of artists who get together to do their Christmas album. You know, and it's sometimes -- it's like 30 people that get together for that.

What do you like in sort of that genre?

FARLEY: "A Very Special Christmas," that series of CDs. There are a bunch of them that come out. They have been releasing them since 1987.

The profits go to the Special Olympics. And these really are special albums.

Bruce Springsteen is on there, Aretha Franklin is on there. Mary J. Blige is on there. Run DMC is on one of the early ones doing "Christmas in Hollis," which is a great rap take on -- on the holidays.

So these are albums you'll want to get if you want to have a compilation, you want to have some modern artists taking on Christmas classics.

S. O'BRIEN: A look at what you like.

Christopher John Farley from "Time" magazine, thank you. Always nice to have you.

FARLEY: Thank you.

M. O'BRIEN: Good choices.

Speaking of Christmas parties, there's bound to be a lot of food wherever you go this time of year, but how do you enjoy yourself without gaining 15 or 20 pounds? We have got some tips in the "House Call" which is ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

M. O'BRIEN: Let's head down to Wall Street, shall we?

(STOCK MARKET REPORT)

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