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American Morning

Jurors to Hear 9/11 Families' Testimony Today in Moussaoui Trial; DNA Results Show No Match in Duke Rape Charges

Aired April 11, 2006 - 08:00   ET

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

JASON CARROLL, CNN CORRESPONDENT: I'm Jason Carroll in Durham, North Carolina, where defense attorneys say DNA test results showed no match between Duke lacrosse players and a woman who accused them of rape.
I'll have the complete story, coming up.

KELLI ARENA, CNN JUSTICE CORRESPONDENT: I'm Kelli Arena in Alexandria, Virginia, where jurors in the Moussaoui case will be hearing more gut wrenching testimony from the families of 9/11 victims.

That story coming up.

MILES O'BRIEN, CNN ANCHOR: The end of an era in Israel. Ariel Sharon, stricken by a stroke, is officially removed from office.

SOLEDAD O'BRIEN, CNN ANCHOR: And a health alert this morning about a mystery fungus that could cost you your eyesight. Investigators wonder if they've found the solution -- an eye solution, that is.

And everybody loves a bargain. But are outlet malls all that they're cracked up to be? we'll take a look at that just ahead on this AMERICAN MORNING.

Good morning.

Welcome, everybody.

I'm Soledad O'Brien.

M. O'BRIEN: And I'm Miles O'Brien.

We're glad you're with us this morning.

S. O'BRIEN: Let's begin with a CNN Security Watch.

Prosecutors seeking to have al Qaeda conspirator Zacarias Moussaoui executed are presenting more emotional testimony today about the horrors of 9/11.

CNN's Kelli Arena is live for us in Alexandria, Virginia with more on the trial -- hey, Kelli, good morning.

ARENA: Good morning, Soledad. You know, it's been very difficult to be inside that courtroom. One after another, victim family members tell their stories of loss, of suffering. And when they're done, there isn't a dry eye in that room.

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE: Oh, please, lady.

ARENA (voice-over): The jury heard gut wrenching 911 calls from people trapped inside the burning World Trade Center.

Melissa Doi was on the 83rd floor of the South Tower, pleading with the operator to send help.

MELISSA DOI: I'm going to die, aren't I?

UNIDENTIFIED 911 OPERATOR: No, no, no, no, no.

DOI: I'm going to die.

ARENA: Help never arrived.

Tax lawyer Harry Waizer told jurors how he was riding the elevator up to his office at Cantor Fitzgerald, a financial securities firm, when the first plane struck. Flaming jet fuel burned his face, legs and arms, and damaged his lungs and throat. His story was as horrific as when he told it to the 9/11 Commission.

HARRY WAIZER, 9/11 SURVIVOR: The elevator was ascending when suddenly I felt it rocked by an explosion and then felt it plummeting. Orange streaming sparks were apparent through gaps in the doors at the side of the elevator. As the elevator scraped the walls of the shaft, the elevator biff.

I began to beat at the flames, burning my hands, arms and legs in the process.

ARENA: Cantor Fitzgerald lost 658 staffers on 9/11.

Yesterday, one by one, victim family members cried or fought back tears as they testified in the Zacarias Moussaoui death penalty trial.

Lee Hanson described how his son, Peter, his daughter-in-law and their child Christine died aboard United Airlines Flight 175. Christine, just 2-1/2, was the youngest victim on 9/11. Peter had called his father from the plane. After hearing him whisper, "Oh my god," three times, Lee Hanson watched on television as that plane struck the tower and burst into flames.

Incredibly, seven of the 15 witnesses lost two or more relatives.

Most did not look at Moussaoui, except for one.

Sharif Chowdhury, a Muslim from Bangladesh, glared at Moussaoui after testifying that in Islam, a man is not allowed to kill another innocent man. Chowdhury lost his daughter and his son-in-law.

(END VIDEO TAPE)

ARENA: The victims' families' testimony will continue today, despite a warning from the judge that if things get too emotional, it could be grounds for an appeal.

And, Soledad, I don't know if you can see behind me, but the line is already going around the block to get into this courtroom. That's because we expect to hear from Pentagon family members today, moving on from the World Trade Center -- back to you.

S. O'BRIEN: Yes, Kelli, we can certainly see it.

Kelli Arena this morning with our report.

Thanks, Kelli.

And you want to stay with CNN day and night for the most reliable news about your security -- Miles.

M. O'BRIEN: Well, the season is over prematurely, the coach is gone, but the Duke University lacrosse players facing rape charges may have dodged an evidentiary bullet.

Defense attorneys claim DNA tests do not link their clients to the woman who claimed she was assaulted at a team party.

Jason Carroll live now from Durham, North Carolina with more on this story -- Jason, is this a dead issue now as far as the prosecutor is concerned?

CARROLL: Not at all. Not at all. I mean, remember, police still very much have an active investigation, ongoing in terms of this case. The district attorney said last week that even if the DNA test results came back without a match he could still pursue his case, even without the DNA evidence on his side.

He has not been commenting on the DNA test results that came back, but the defense attorneys are talking and they're saying the DNA test results show no rape took place.

JOE CHESHIRE, DEFENSE ATTORNEY: When you know you haven't done anything wrong, you're not surprised that the evidence shows you haven't done anything wrong.

Now, let me make this clear, too. None of us standing up here are saying that there aren't proper social and moral issues that have come out of this whole discussion that aren't appropriate for discussion. There are.

(END VIDEO CLIP)

CARROLL: You heard Joe Chesire talk about the social and moral issues involved here. Of course, Miles, what he's talking about is the underage drinking that allegedly took place during this party, the hiring of the exotic dancer.

The accuser, of course, is the exotic dancer, a mother of two, also a university student. Also talking about the use of racial slurs. Some of the defense attorneys saying that perhaps racial slurs were used at some point during the course of the evening.

They're making the point that these are issues that can be discussed, should be discussed. But, again, they're also making the point that the DNA test results, in their opinion, at this point, show no match between the accuser and the Duke lacrosse players -- Miles.

M. O'BRIEN: Well, and those issues have been discussed widely and very emotionally all across that campus.

I'm curious what the reaction is to this latest development there.

Have you had much of a chance to talk to people about it?

CARROLL: Well, I can tell you that a number of the Duke students and a number of people in the surrounding community, as well, here in Durham, have been anxiously awaiting the results of the DNA test results. And many of them are saying that those results would hopefully put this issue to rest. We're going to have to see how the day develops to see how people are feeling about them -- Miles.

M. O'BRIEN: Jason Carroll in Durham.

Thank you -- Soledad.

S. O'BRIEN: Protesters across the country are keeping the pressure up on Washington, D.C.

In Arizona an estimated 100, 000 people took the streets in Phoenix. The mayor is calling it the largest demonstration in the state's history. Rallies were held Monday in many other cities, too. And some of those demonstrators say they want a better life.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: They don't want us here. They want us to go back. They're treating us like criminals, but they say that we're stealing their jobs. How are we stealing their jobs? They don't want to do them.

UNIDENTIFIED MALE: We come to this country to work, to make a better living, to help our family. We're not a criminal. We're not here to live by the government. We pay a lot of taxes to the government.

(END VIDEO CLIP)

S. O'BRIEN: Immigration reform stalled last week in the Senate -- Miles.

M. O'BRIEN: Israeli Prime Minister Ariel Sharon declared permanently incapacitated today, clearing the way for newly elected Ehud Olmert to take over officially.

John Vause in Jerusalem following the story for us.

JOHN VAUSE, CNN CORRESPONDENT: The government here has finally made it official, declaring what almost every Israeli has come to accept over the last three months. Ariel Sharon is permanently incapacitated and will not be returning to public office.

Back in January, he suffered a major stroke and to stabilize his condition, doctors induced a coma. At the time, Sharon was declared temporarily incapacitated and his deputy, Ehud Olmert, was made the acting prime minister.

Under Israeli law, Sharon had 100 days to recover before being officially replaced. The deadline is actually this coming Friday, but the announcement was brought forward because of the week-long Jewish holidays for Passover.

There is one condition on this. If Sharon somehow miraculously recovers between now and Friday, this decision will be revoked.

Ehud Olmert is now officially the Israeli prime minister, but his Kadima Party, the party founded by Ariel Sharon, won the most number of seats in parliamentary elections last month. And so the president has asked Mr. Olmert to form a coalition government. He has six weeks to do that and is set to become prime minister in his own right.

John Vause, CNN, Jerusalem.

M. O'BRIEN: And uncertain outcome in Italian elections. Opposition leader Romano Prodi is claiming victory for his center-left coalition. But vote sampling is showing that Prime Minister Silvio Berlusconi has the lead by one seat.

Both sides will hold off popping the champagne corks until all the votes are counted, including expatriate votes. As close as it was here in this country in 2000 -- Soledad.

S. O'BRIEN: Here's a look at what's happening in America today.

Charges have been dropped against the man whose beating at the hands of New Orleans police was caught on tape. This is the tape from the October 8th incident. Robert Davis faced resisting arrest, public intoxication and battery charges. Two of the officers in the incident now face felony battery charges.

In New York City, jail time for the head of the city's transit union workers. Roger Toussaint led the union's three day strike that crippled the city right before Christmas. Well, he's going to spend 10 days behind bars, pay a $1, 000 fine. Toussaint plans to appeal.

In Utah, an entire neighborhood forced to evacuate after a huge mudslide. Take a look at this. The mud was described as 50 feet high, 75 feet wide. It barreled right into a home. A 4-year-old girl was thrown against a wall and broke her leg. And in California, Governor Arnold Schwarzenegger declaring a state of emergency for seven counties. Torrential rains have put extreme stress on the region's levee systems. Much more rain, unfortunately, in the forecast.

That brings us right to Chad -- Chad, that is bad news for the folks there, isn't it?

CHAD MYERS, CNN METEOROLOGIST: Yes. The next 60 hours look like that will be the heaviest rain. And then there will be a little bit of a break in the end of the week and then a break for the entire weekend, but then another storm slams in for Monday and Tuesday.

Here's the rain here, from Sacramento down to San Francisco. And this central coast area -- Napa Valley, the Sonoma Valley and all these wine countries -- wine areas that you hear about so much, that's the area that's actually going to be the center of attention for the heaviest rainfall. And especially along the coastal sections here, that rain is really going to pile up and then probably try to run back into the ocean.

And sometimes mud kind of runs back into the ocean, as well. So folks there are going to have to be very careful for the next couple of days as that heavy rain comes back in.

When the break comes in, the ground firms back up, but now the ground is so saturated, there's no real place for that water to go.

(WEATHER REPORT)

M. O'BRIEN: If you wear contact lenses listen up. A serious infection that could make you blind may be linked to contact lens solution. Bausch & Lomb has suspended shipment of its ReNu brand solution. The government does not say that the solution causes a fungal infection, but a high number of people have been infected who were using it.

S. O'BRIEN: Interesting.

That's an update on a story we told you about a little bit earlier.

M. O'BRIEN: Yes.

S. O'BRIEN: Ahead this morning, we're going to meet a Louisiana family hit truly by a double whammy. Hurricane Katrina first flooded their home and then a tornado has now left them utterly homeless.

M. O'BRIEN: Wow!

S. O'BRIEN: They say the Red Cross is telling them we can't help u. We take a look at what they're going to do next.

M. O'BRIEN: Also, Jeff Skilling testifies in the Enron trial at last. A look at whether the former Enron CEO helped or hurt his case. S. O'BRIEN: And how do you know if you're getting a bargain at an outlet store? We're going to have some tips from "Consumer Reports," just ahead on this AMERICAN MORNING.

(COMMERCIAL BREAK)

S. O'BRIEN: Twenty-nine people have been indicted this morning in the Madrid terror bombings. One hundred ninety-one people died in those attacks two years ago, when 10 bombs exploded on four rush hour trains. The suspects are all Islamic radicals and many of them are from Morocco.

Six schoolchildren were killed in Afghanistan today. An insurgent rocket slammed into their school in the eastern part of the country. Fourteen people are injured. Coalition forces helped evacuate the injured.

And a bomb went off in a Shiite neighborhood of Baghdad today. Twelve people wounded when a minivan exploded in Sadr City -- Miles.

M. O'BRIEN: Well, was it a kinder, gentler Jeff Skilling yesterday? The fiery, combative former CEO of Enron took the witness stand in that big trial where he is the defendant in Houston yesterday.

Peter Elkind is covering the trial for "Fortune" magazine.

He is also coauthor of the book "The Smartest Guys In the Room," about Enron's collapse.

He joins us now from Houston.

Peter, good to have you with us.

PETER ELKIND, "FORTUNE" MAGAZINE: Good to be with you.

M. O'BRIEN: When last we saw Jeff Skilling, actually, the only time we've really seen him talk about all of this was back in February 2002. I have a brief excerpt. It was before Congress. He was speaking to Representative Cliff Sterns, a Republican of Florida.

Let's just share that with viewers for just a moment.

(BEGIN VIDEO CLIP)

JEFFREY SKILLING, FORMER CEO, ENRON: I have nothing to hide. When you give me time...

REP. CLIFF STERNS (R), FLORIDA: Are you saying Sherron Watkins is not telling the truth? Are you telling me that today?

SKILLING: You give me -- this is serious stuff, sir.

(END VIDEO CLIP)

M. O'BRIEN: Just a little flavor of that kind of combative nature of Mr. Skilling.

Did you see that -- well, of course, the difference here is that he was being questioned by his own attorneys...

ELKIND: Yes.

M. O'BRIEN: ... therefore not exactly cross-examined yet.

ELKIND: Yes.

M. O'BRIEN: Did he do much to change his image before the jury?

ELKIND: Well, it's going to be -- he's going to be on the stand for three days, probably, just with his own attorney. So it's a little hard to judge that. But certainly he tried to come across as a softer, gentler person without the kind of prickly personality that he's exhibited not only before Congress, when he was testifying, when he was questioned, but also when he was CEO of Enron.

M. O'BRIEN: Yes, he talked -- there was a lot of personal information given about how depressed he was, how he took to drinking quite a bit, clearly trying to paint a sympathetic picture.

But one of the issues that he has to get over is the sale of his Enron stock right before the collapse. I want to share with our viewers one of his comments to the jury.

He said, trying to explain why he sold this stock: "I was very concerned about the economy. I didn't know if we were going to get into a freefall at the time. It was not a good time."

That second sentence gets -- sort of strikes me as a little bit of self-incriminating evidence.

ELKIND: Well, the problem is that he's -- he told this story to the SEC, specifically, that he had -- the only reason he had sold his Enron stock was because of 9/11.

The government in the trial has already first discovered and then played for the jury an audiotape of him calling up his broker before 9/11 and trying to sell 200,000 shares of Enron's stock. The sale didn't go through, but obviously that raises the question of why he told one story to the SEC and did something else.

M. O'BRIEN: Yes. And that has already been brought before the jurors, so they clearly can make their own decisions on that.

I...

ELKIND: But, that's right. And the other thing is that yesterday he did try to address that issue, but it was a very feeble attempt, really.

M. O'BRIEN: Yes.

ELKIND: He basically said I don't recall having made that sale. And it's a hard one to explain.

M. O'BRIEN: Yes. And the prosecutors, of course...

ELKIND: I don't recall, I mean, trying to make that sale, right?

M. O'BRIEN: Yes. Prosecutors, of course, will bring that up on cross-examination when that occurs.

ELKIND: Absolutely.

M. O'BRIEN: Here's another little snippet. He was asked about some of the people who have cut deals with the prosecutors, in other words, his former colleagues, who are now helping the prosecutors in the case against him. And this is -- I thought this was very interesting because you can only wonder what he really thinks about these people.

He says: "I would say the vast majority who testified here are, in my opinion, not guilty." Trying to offer up, I guess, a kinder, gentler Skilling.

Is that what that's all about?

ELKIND: Well, what it's about is the defense theme is that there was no crime committed at Enron, not that Jeff Skilling and Ken Lay just are innocent, but that there were no crimes committed then at Enron. So we have this very strange spectacle of Jeff Skilling's closest friends at Enron, and former deputies, coming into court and saying I'm guilty of fraud, I'm guilty of committed crimes, and Jeff Skilling and his lawyers saying no, you're not. You didn't do anything wrong. You were pressured into it by the government.

Skilling also testified yesterday that these men were trustworthy, honest men. And, of course, that's an issue that cuts both ways. Well, if they're trustworthy and honest, are they lying now about everything they've said in court?

M. O'BRIEN: Well, yes, I guess they're either all innocent together or they're all guilty together, in a sense. And that's probably why he was saying that.

Finally, that whole discussion about his depression and drinking and all of that.

Do you think that played well with the jury?

ELKIND: I think it humanizes him and certainly that's the goal. And, again, at the beginning of court it was a very slow, kind of halting, Jeff Skilling discussing his early life, what -- how devastated he was by the collapse of Enron. And that's certainly the goal, is to humanize him and play well.

M. O'BRIEN: All right, a couple more days of direct and then cross-examination after that, right?

ELKIND: And that's when the fireworks will really begin. M. O'BRIEN: All right.

We'll have you back then.

Peter Elkind from "Fortune" magazine, also, "The Smartest Guys In the Room" is his book.

Thanks for your time.

ELKIND: Good to be with you.

M. O'BRIEN: Soledad.

S. O'BRIEN: Everybody loves a bargain. Outlet malls, though, won't always get you the very biggest bang for your buck. We're going to have some tips on how you can find the best deals this morning.

Also, as the immigration battle is playing out in America's streets for weeks now, we'll take a look at what protests could spell some big trouble for Republicans come election time.

Those stories are ahead.

Stay with us.

(COMMERCIAL BREAK)

S. O'BRIEN: Well you know shopping never goes out of season and you can find some of the best buys at outlet malls if -- and that's a pretty big if -- you know what to look for.

The new issue of "Consumer Reports" gives bargain hunters the inside track on outlet savings.

"Consumer Reports'" senior editor, Tod Marks, joins us.

Nice to see you.

Thanks for talking with us.

TOD MARKS, "CONSUMER REPORTS": It's nice to see you.

S. O'BRIEN: You know, when you consider the Internet and also department stores that sometimes have amazing sales...

MARKS: Sure.

S. O'BRIEN: ... are outlet stores really worth the schlep?

MARKS: They are, because outlet stores, you don't have to wait for a sale. Everything is on sale every day. The department store might have a better price on any given day on a particular item, but it's isolated. With the outlets, you don't have to wait for President's Day or the 4th of July. It's always on.

S. O'BRIEN: How much money can you save? MARKS: You can save -- we did a little market basket purchasing test and we found you could save, on average, about 26 percent. But the discounts can go to be 50 percent or more.

S. O'BRIEN: I'm always wondering if you're getting the same thing.

Is the merchandise the same in the outlet store as if you went to the regular version that was in a department store or in the actual store itself?

MARKS: That's the hook. No, it's not in most cases.

S. O'BRIEN: Is it worse?

MARKS: No. Well, it's -- it depends on what the company wants to achieve. It can be last season's merchandise. It could be overstock, excess inventory, things that never sold. But it can also be -- and an increasing amount of goods are -- good made exclusively for the outlet stores.

S. O'BRIEN: In other words, cheaper.

MARKS: They're very good, but they do cut corners in little ways to compromise in order to sell for a heck of a lot less. But we found the quality universally good.

S. O'BRIEN: All right, let's talk about some of the examples you brought in.

MARKS: Sure.

S. O'BRIEN: What do you have there?

MARKS: Yes, we have a little fun here. We have the Tommy Hilfiger classic women's polo shirt. At first glance, they look identical.

S. O'BRIEN: Right. Two different colors, but they look the same.

MARKS: Exactly, but they look the same.

S. O'BRIEN: Which one did you get at the outlet store?

MARKS: The outlet store here, about $30, versus the retail version, about $40. What's the difference? It doesn't look like anything. But...

S. O'BRIEN: Let's feel them.

MARKS: It's not in that.

S. O'BRIEN: Oh, you're right.

MARKS: What you're going to find is that the placket up here in the front with the buttons is wider. It's two pieces of material stitched together. But because it's wider, it's less likely to pucker than this.

And, also, a really interesting thing, it's got a broadcloth overlay under the collar.

S. O'BRIEN: The collar. This one doesn't.

MARKS: Versus not. And that's going to help that wear longer over the long haul and endure probably some more washings.

Also, the hem at the bottom is wide versus a narrow hem here on the outlet shirt. And you know what that's going to do? It's going to make the shirt sit a little bit better on you.

S. O'BRIEN: Sit a little bit better.

So you're talking about, what, 25 percent of the cost, though?

MARKS: About $10. Yes, not bad on a shirt that expensive.

S. O'BRIEN: All right.

What else do you have?

MARKS: We have seconds. You know, irregulars, what they call cosmetic blemished items used to account for a real large percentage of what was sold at outlets. Not anymore. Manufacturers don't want to have their name associated with shoddy goods.

S. O'BRIEN: Right.

MARKS: So you'll see a very small percentage of slightly blemished items. We had to go deep sea diving, in fact, to find one that was really bad in these sneakers, because most of them have a sloppy glue job or maybe a stripe doesn't run out.

S. O'BRIEN: Right.

What's wrong with the sneakers?

MARKS: This was really bad because if you see in the back here...

S. O'BRIEN: Oh, the seam.

MARKS: ... it's a split seam. This is bad, as opposed to being just strictly cosmetic, because eventually water could penetrate that, get in, you've got a seam that splits and it's no fun to wear.

S. O'BRIEN: OK. So you wouldn't want to buy irregulars?

MARKS: No.

But, again, we had to go out of our way to find them. Most of them weren't that bad. S. O'BRIEN: OK.

What's with the teacup?

MARKS: Finally, we've got some fine Lenox china here.

S. O'BRIEN: It's beautiful.

MARKS: If we bought this -- it's a cup and saucer.

S. O'BRIEN: Right.

MARKS: If you bought these things at the outlet first quality, $42 for the two of them together.

S. O'BRIEN: Expensive.

MARKS: Yes.

S. O'BRIEN: Lovely and expensive.

MARKS: But we looked for a second and we found that this was $5 and this was $5.

S. O'BRIEN: Really?

MARKS: A total of $10.

S. O'BRIEN: Can I see?

MARKS: It has a slight blemish in the glaze that you'd be hard- pressed to find. It's very slight. I see you looking hard.

S. O'BRIEN: I don't see it.

MARKS: No, well, it's -- the test is right there. It's a slight imperfection.

S. O'BRIEN: Oh, that little thing?

MARKS: The first time you wash it, you'd never know the difference.

S. O'BRIEN: How about the plate?

MARKS: The plate, it's got a little kind of blip in the glaze. There's a little miniscule...

S. O'BRIEN: Wow!

MARKS: ... less than a centimeter...

S. O'BRIEN: So $10 for this set?

MARKS: Right, as opposed to $42.

S. O'BRIEN: It's worth it.

MARKS: Pretty good savings.

S. O'BRIEN: What should you never, ever buy at an outlet store?

MARKS: Well, I never found anything that you should never ever buy. But clothing is really the most popular item. About 80 percent clothing and footwear. And -- but you can get everything from foods, electronics equipment, power tools -- everything is out there that you could possibly want to buy online or in a store is at an outlet. And most of them are pretty good buys.

S. O'BRIEN: Tod Marks, senior editor for "Consumer Reports."

Nice to see you.

MARKS: It's nice to see you, too.

S. O'BRIEN: Thanks for coming in.

MARKS: Thank you.

S. O'BRIEN: Do I get to keep the teacup?

MARKS: That's got to go back to "Consumer Reports."

S. O'BRIEN: I knew you were going to say that.

Thanks -- Miles.

M. O'BRIEN: You can't take that.

S. O'BRIEN: I'm not.

M. O'BRIEN: Come on now.

S. O'BRIEN: No.

M. O'BRIEN: We'll get you one.

Still to come, immigration politics and their election year impact. We'll look at why Republicans may have a whole lot to worry about come November.

And plan on taking the car for your summer vacation? Of course you are. We'll find out how fast the money will be pumped out of your wallet, ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

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