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Anna Nicole Smith's Will Revealed; Congress Renews Push to Regulate Tobacco; Life After Work; Congress Passes Nonbinding Resolution Opposing Troop Surge in Iraq
Aired February 16, 2007 - 15:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DON LEMON, CNN ANCHOR: And coming up: revisiting a 50-year-old experiment on racial attitudes.
(BEGIN VIDEO CLIP)
KIRI DAVIS, DOCUMENTARY FILMMAKER: Can you show me the doll that is the nice doll? And why is that the nice doll?
UNIDENTIFIED MALE: She is white.
(END VIDEO CLIP)
LEMON: So, why haven't the results changed? Up next: A young filmmaker explores the damaging messages kids are still getting.
The next hour of CNN NEWSROOM starts right now.
KYRA PHILLIPS, CNN ANCHOR: Hello, everyone. I'm Kyra Phillips, live at the CNN world headquarters in Atlanta.
LEMON: And I'm Don Lemon.
There is a will, but is that the end of it? Well, no way. The saga of Anna Nicole Smith goes into extra innings.
PHILLIPS: In Kansas City, Missouri, a two-alarm fire sends five firefighters to the hospital. The blaze broke out this morning -- a bar, a bistro, and a bridal shop all up in smoke.
LEMON: And wheeling and dealing -- it turns out NASCAR is full of cheating hearts. If everybody does it, does that make it OK? We're taking your e-mails right here in the CNN NEWSROOM.
It is the top of the hour. And we start with some developing news.
The House -- we're awaiting a vote in the House for a nonbinding resolution. The role call has begun. That should take about -- probably about 15 minutes. And, as soon as that is done, we will go live to our Dana Bash on the Hill. And she is going to talk to us about exactly what happens.
We will -- we will have some results for you right here in the CNN NEWSROOM. Now back to our other developing story here -- one question answered, dozens of new ones to take its place. If you have been with us in the CNN NEWSROOM, you know Anna Nicole Smith's will was just made public in Florida. It's dated July 30, 2001.
It appoints Smith's longtime companion Howard K. Stern, to hold her estate in trust for her son, Daniel. And it specifically disinherits any future children or spouses. But Daniel Smith died last year, just days after the birth of Smith's daughter, Dannielynn.
The estate could be worth millions, depending on the outcome of a long-running fight over the estate of Smith's late husband, Texas oil tycoon J. Howard Marshall II.
OK, there's more. Smith's will was filed in Broward County, Florida, where a judge is still trying to settle custody of the body. Earlier, the judge ordered the body embalmed, even though Smith's final resting place is still undetermined.
PHILLIPS: B.J. Bernstein is a defense attorney and former prosecutor here in Atlanta. She is here to help us sort it all out.
So, you already found a couple interesting discrepancies in the will?
B.J. BERNSTEIN, CRIMINAL DEFENSE ATTORNEY: Yes, I have been reading this will.
And part of the thing that interests me that may be that this will may not be valid in court is that the will -- a will is automatically revoked if you're married or you have another child. The way to get around that is, usually, under common law, to have technical language saying, you're making this will in contemplation, knowing that you may have another child or you may get married.
I don't see that language. So, as Don just mentioned, there's specific language here saying that the estate goes to Daniel, and there is nothing mentioned about another child. But that other part of the language -- and you know lawyers, we like the technical matches -- I don't see it here. So, that may be the basis to the challenge to this will.
PHILLIPS: So, if this will is not valid, then, does it -- the bottom line, it goes to the baby, right?
BERNSTEIN: It still goes to the baby.
PHILLIPS: General inheritance law.
BERNSTEIN: General inheritance law -- in other words, she is the sole living survivor, blood survivor, child of Anna Nicole. That's what the law worries about.
You know, it's not necessarily going to go to her mother or to a cousin. It's going to be going to taking care of the child. What would differ if the -- this will sets up Howard Stern as the executor, and then the second person possibility is Ron Rale.
Now, if this were not held legal in court, then the court could appoint someone else.
PHILLIPS: Now, if the will is valid, it does appoint Stern as the guardian of Daniel, if -- if something would have happened to her and Daniel was still alive. So, even though it doesn't mention the new baby, if it is valid, automatically, does that mean that he would be the guardian of the second child?
BERNSTEIN: Not necessarily automatically.
What you're going to hear, though, from the lawyers for Stern is, this shows you how close of a loving relationship that she had with him and what her intent would be, that the man she loved, the man that she was going to entrust her dearest son, she would also trust her dearest daughter to.
So, you're going to hear that. Now, the question, though, goes back to that magic paternity test and whoever the father is. That would actually trump what is in this document.
PHILLIPS: How long could this drag out?
BERNSTEIN: I think this is going to drag out for a while.
(LAUGHTER)
BERNSTEIN: You know, I was saying earlier, this is like a law school exam. You know, what happens when you have two countries, because we have Bahamas, Bahamian law. We have California law. We have got a judge in Florida who is quite colorful, you know, all fighting on different issues, coupled with what happens when your lawyer becomes your lover, you know, and what conflicts are created there in the decision-making?
No, it's a royal mess for a while.
PHILLIPS: So, of course, you have an estranged mother who is in the picture, too. But she really...
BERNSTEIN: Yes, Virgie in Texas. But she is really more fighting now about what happens with the body. I don't necessarily see -- and then she will try to jump in, I'm sure, in wanting to raise the child next.
PHILLIPS: The child, if, indeed, all the inheritance goes to this baby, who watches over that money, that estate, until she's old enough to have it?
BERNSTEIN: Whoever the courts deem as the executor of the estate. That will be the person that -- they can't run around and just spend the money as they wish. They have to use that money in raising the child, in providing a proper home, schooling, clothes, food. It is not for them to go have private jets or, you know, go overseas and travel. That's never going to be. And a court is going to watch that closely, I'm sure.
PHILLIPS: Lessons learned from all of this?
BERNSTEIN: Get...
PHILLIPS: What does it tell you, me?
BERNSTEIN: ... a -- in fact, we were just chatting about it.
(LAUGHTER)
BERNSTEIN: You need a will. You really need a will, no matter what age. She was 39 years old. This is the thing. So many young people, especially, think. Well, I don't really own anything or I don't have anything.
The truth is, you don't know what's going to happen. And for very -- it's not very expensive to go to a lawyer and get a basic will, get those medical rights. Remember Terri Schiavo and that tragic case, where you never gave instructions to your family about what happens, because, when we're young, it's these sudden deaths, a car accident, something that we can never contemplate.
Think of the families of 9/11. Nobody ever thought that that was their last day on Earth. And, in order to protect the people you love, you need a will.
PHILLIPS: B.J. Bernstein, top attorney here in Atlanta, we always appreciate your insight. Thanks.
BERNSTEIN: Good to see you.
LEMON: All right. We have been telling you about that nonbinding resolution that the House is voting on now. They are now counting up the votes. Or at least there is a roll call. That should be available to us in just a little bit. As soon as that happens, we will bring our Dana Bash in. And she will explain all the details on that one.
After almost four years of fighting in Iraq, hundreds of thousands of U.S. troops have rotated in and out, but today's count, 3,130 of them have died there. Deploying to Iraq means facing death every day. And everyone deals with it differently.
CNN's Arwa Damon is with the troop in -- the troops in Baquba.
(BEGIN VIDEOTAPE)
ARWA DAMON, CNN CORRESPONDENT (voice over): Any door could be booby- trapped, a sniper in any building, a roadside bomb in any pile of trash. Surviving is about controlling fear and staying alert.
UNIDENTIFIED MALE: It's always in the back of your mind, what could happen. But you try not to think of that right when you're out working.
UNIDENTIFIED MALE: Are you talking to me, sir?
UNIDENTIFIED MALE: How far down on the route?
DAMON: In a single morning, these soldiers held a brief memorial for one soldier and learned four more of their battalion had been killed. The toughest lessons of war are learned on the job.
SPECIALIST PHILLIP OLIVER, U.S. ARMY: I used to say I was ready to come over here, but, when you get here, it's different than what you think it's going to be here.
SPECIALIST CHRISTOPHER FORCE, U.S. ARMY: Before I came over here I took for granted a lot -- family, you know, luxuries of life. Then you come over here and it's -- it's crazy.
DAMON (on camera): Here on the base, a poignant reminder of those who have fallen in the battle for Diyala. While no one who fought with them will ever forget them, commanders say the toughest part is talking to their families and worrying about how they will fare.
They say the two most common questions from loved ones are, Did my son die alone and was he in pain?
UNIDENTIFIED MALE: Take a couple of shots at it. It didn't turn out to be anything.
DAMON (voice over): The troops don't like to talk about it, but they admit privately that the mission here takes a massive emotional and mental toll. They say people back home can't understand. But what they share creates a bond between soldiers unlike any other.
CW2 WILLIAM WILLIAMS, U.S. ARMY: We're like brothers. You know, we fight together, we move around together. We go through a lot of hardships together. So, that type of environment fosters, you know, that bonding between -- between the people in our unit.
DAMON: A bond strengthened with time.
PFC. CARLOS LIVINGSTON, U.S. ARMY: This is my second tour. I feel better, safe, you know, kind of been trained up a little bit, and the ones that's been here for the first time, because this ain't easy.
DAMON: It's not easy, but they do it. Even if some have doubts in the mission, they say they do it for each other.
Arwa Damon, CNN, Baquba, Iraq.
(END VIDEOTAPE)
PHILLIPS: And you may remember that fire that we were telling you about in Kansas City, Missouri. You may remember these pictures coming to our affiliate KSHB.
This was a couple of hours ago. You see the roof collapse there. It's a two-story building that broke out in a fire, a popular business area there in Kansas City, two-story structure, Kennedy's Bar and Grill, a bridal shop, other businesses.
Well, the worst part of this is that two of the five Kansas City firefighters that were battling this blaze and the -- and were injured in this blaze, we are told, are now in critical condition. They were fighting the fire inside the building. They were searching for victims, trying to put water on the blaze, when a flashover inside that building occurred. And that when those firefighters were injured.
We're told that one of the worst injuries to one of the firefighters is that he has got 30 percent of his body burned. They were all taken to various hospitals -- two now in critical condition.
We will update you on that as we continue throughout the hour.
Now, do you think that your kids are colorblind?
(BEGIN VIDEO CLIP)
DAVIS: And why do you think that's a nice doll?
UNIDENTIFIED FEMALE: Because she's white.
DAVIS: And can you give me the doll that looks like you?
(END VIDEO CLIP)
PHILLIPS: Up next in the NEWSROOM: an experiment that is both telling and heartbreaking.
LEMON: It's a gut-wrenching video you can't stop watching, a tractor-trailer slamming into a police car, captured on the cruiser's dashboard cam. We will talk to the hero cops and the woman they saved -- in the NEWSROOM.
(COMMERCIAL BREAK)
PHILLIPS: And this just coming in to CNN. We're being told another bomb exploding in southeastern Iran.
We're told, just minutes ago, the sounds of a bomb explosion were heard in Zahedan. Apparently, a booby-trapped car blew up a bus that was owned by Iran's elite Revolutionary Guards, killing at least 11 people.
This is the second attack that has happened within the last week. We actually were talking about this a couple of days ago with our expert on Iranian politics. And that is that these bombs are being claimed to be tied to a Sunni militant group operating there in Iran, a group tied to Osama bin Laden and the al Qaeda network.
So, it's an interesting dynamic to see the activity of al Qaeda inside Iran -- meanwhile, the controversy lingering on about Iran supporting the insurgency in Iraq and supplying weapons in that area, second bomb attack -- al Qaeda claiming responsibility there in Iran.
We will continue to follow it as we get more information.
LEMON: All right, Kyra.
A child's simple choice reveals some heartrending truths about race and self-image. High school student Kiri Davis wondered, what would happen if she asked young black children to choose between a white doll and a black doll? Well, she turned the experiment into a documentary film.
(BEGIN VIDEO CLIP, "A GIRL LIKE ME")
DAVIS: Can you show me the doll you like best or that you would like to play with?
UNIDENTIFIED FEMALE: This one.
UNIDENTIFIED FEMALE: I like that one.
(END VIDEO CLIP)
LEMON: Well, 15 of the 21 children chose the white doll. The film has won awards, as well as a scholarship for Kiri Davis.
And Kiri Davis joins us now.
That is a very mature effort for -- for you to do.
DAVIS: Oh, thank you so much.
(LAUGHTER)
LEMON: How did you come up with this idea?
DAVIS: Basically, it was things me and my friends had gone through and experienced. And I had heard about the doll test when I was in middle school, a sentence. I was surprised I even heard about it, about Dr. Clark conducting it with the Brown vs. Board of Education case, the segregation.
LEMON: Mm-hmm.
DAVIS: And I always kind of wondered, what if we were to do that 50 years from now, because you can tell people certain standards and how it affects self-image and self-esteem all you want. But, until you figure out a way to show them...
LEMON: Right.
DAVIS: ... that's when people get it.
LEMON: And we say 50 years. That was 50 years Brown vs. the Board of Education.
DAVIS: Yes. That was with the case.
LEMON: Right, but, then, 70 years since Dr. Clark and his wife really started to do -- to do that test. You're a student in New York City, a high school student.
DAVIS: Yes.
LEMON: But we have to say that Kiri is in town now because you're getting an award from a black woman's filmmaking organization.
It's just stunning to me. Let's take a look at -- there are other kids and responses that -- on this doll test. Let's take a look at a little bit more.
(BEGIN VIDEO CLIP, "A GIRL LIKE ME")
DAVIS: Can you show me the doll that is the nice doll? And why is that the nice doll?
UNIDENTIFIED MALE: She's white.
DAVIS: And can you show me the doll that looks bad? OK. And can you just -- and why does that look bad?
UNIDENTIFIED FEMALE: Because it's black.
DAVIS: And why do you think that's the nice doll?
UNIDENTIFIED FEMALE: Because she's white.
DAVIS: And can you give me the doll that looks like you?
(END VIDEO CLIP)
LEMON: It's heartbreaking.
DAVIS: Yes.
LEMON: Was this hard for you to sit there and do this?
DAVIS: Yes, with, like, 4- and 5-year-olds, and just kind of seeing what they have been exposed to and what they have internalized already. Even at that young age, they still get it.
LEMON: Yes.
Watching this, everyone in the NEWSROOM and everyone who has seen it just did not know what to say. It says a lot about how much we put on image. And, really, that is sort of the crux of it, images, in the media...
DAVIS: Yes...
(CROSSTALK)
DAVIS: ... the media.
LEMON: ... what we make of ourselves, and what have you.
But you said here, sitting here, looking at you and talking to you, you are reminding me of that song, in thinking about this, that India Arie song "I'm Not My Hair."
DAVIS: Yes.
LEMON: And that was sort of an impetus, not necessarily that song, but why you did it, because a lot of your friends were talking about using -- they saw their parents using bleaching creams...
(CROSSTALK)
DAVIS: Yes.
(CROSSTALK)
DAVIS: It's the whole good hair vs. bad hair thing, or the light-skinned vs. dark-skinned thing, and just kind of -- I wanted the film to kind of be a vehicle to just put it all out there, and let people discuss it, so it's not so taboo to kind of bring up and to just kind of discuss in an open manner.
LEMON: A lot of the criticism, some -- mostly good -- but they say that, really, you can't blame white America for this. Black -- black America is responsible, as well, with the types of images -- you're a young person -- especially with videos and that sort of thing. What do you make of that?
DAVIS: I think it's different things.
Like, we have got to look at the families. We have to look at the community. We have to look at schools. But we also have to look at the media. You know, are we reflected on magazine covers and stuff? Or even in -- like, in our communities, are we embraced? Are we -- is our beauty and stuff celebrated?
And I think, at some point, we can't let others define us. We have to be able to define ourselves.
LEMON: How do you do that? What do you think, because you're -- like I said, you're young.
DAVIS: Yes.
LEMON: But you seem to be a very smart woman. How do you think -- teach me something. What should we do?
DAVIS: I think just celebrating ourselves, defining ourselves, and not letting certain aspects of media or other -- kind of put us in a category.
And I think we just need to be more selective of what kind of things we allow our children to watch, and even when we are -- just in certain media aspects, in terms of what celebrities we embrace. Sometimes, you know, you see more black celebrities who are light- skinned...
LEMON: Right.
DAVIS: ... or with more European features who are kind of put on pedestals.
And I think we just have to -- which can kind of send mixed messages.
LEMON: Yes.
DAVIS: And we internalize this. And...
LEMON: Yes.
DAVIS: And I think, you know, just kind of being more selective and just kind of looking at stuff with a grain of salt.
(LAUGHTER)
LEMON: Well, thank you.
As someone who has kinky hair, I like your hair.
DAVIS: Thank you.
(LAUGHTER)
LEMON: I like my hair as well.
(LAUGHTER)
LEMON: So, thank you very much. And I wish you continued success.
DAVIS: Well, thank you.
LEMON: Thanks for bringing this to us...
DAVIS: OK.
LEMON: ... Kiri Davis.
PHILLIPS: Well, the vote is in.
Let's take a live picture now from the House floor. You can see the final numbers there, 243-182. Time is out. What is that telling us now? That the House has approved that resolution slamming Bush's plan for Iraq -- House of Representatives passing this nonbinding -- nonbinding resolution, rejecting President Bush's plan to send more troops into Iraq.
Republicans feel it's a threat to national security.
We will continue to talk more about this right after the break.
You're watching CNN, the most trusted name in news.
(COMMERCIAL BREAK)
PHILLIPS: A bipartisan group of lawmakers is proposing legislation that could shake up the tobacco industry.
Susan Lisovicz at the New York Stock Exchange with the details.
Hey, Susan.
SUSAN LISOVICZ, CNN CORRESPONDENT: Hey, Kyra.
Well, I know you are going to be talking a lot about that congressional resolution on Iraq. But here is another subject that certainly generates a lot of debate. And that is tobacco -- Congress renewing a push for cigarettes to be regulated as a drug. That would put cigarettes under the authority of the FDA.
If passed, the agency would gain the power to restrict tobacco sales and advertising to children, mandate reductions in nicotine, and enforce stronger warnings on products. The bill is co-sponsored by Senator Ted Kennedy.
(BEGIN VIDEO CLIP)
SEN. EDWARD KENNEDY (D), MASSACHUSETTS: Congress cannot, in good conscience, allow the federal agency most responsible for protecting the public health to remain powerless to deal with the enormous risks of tobacco, the most deadly of all consumer products.
(END VIDEO CLIP)
LISOVICZ: The American Cancer Society says tobacco kills nearly 500,000 Americans each and every year, and that we all end up paying via higher health care costs, because of all of the other ailments associated with tobacco.
Also supporting the bill, interestingly enough, Altria, the parent of Philip Morris, which is largest cigarette producer in the world. The company says clearer standards are needed. But critics say that, since the bill limits marketing, Altria is just trying to hang on to its big market share -- Kyra.
PHILLIPS: Well, haven't we heard about similar bills before?
LISOVICZ: We sure have, but the House didn't pass them. And a recent ruling from the Supreme Court says that, in order to give the FDA authority to regulate nicotine, Congress must sign off on it.
With Congress -- with Democrats now in charge of both houses, and Altria supporting the bill, it could win passage this year.
On Wall Street, a slow end to a busy week -- the major averages are just slightly lower, but we have had some nice gains for three days running, the three prior days, obviously -- the Dow Jones industrials right now down eight points, at 12757, retreating from yesterday's record-high close. The Nasdaq composite, meanwhile, is down just slightly, too.
That's the latest from Wall Street. We now turn to a story of one man in retirement who has taken on an interesting challenge, preparing high school students with disabilities for the real world.
Here is Ali Velshi with "Life After Work."
(BEGIN VIDEOTAPE)
ALI VELSHI, CNN CORRESPONDENT (voice over): For many students with disabilities, both mental and physical, their options dry up after high school.
CHARLES DEY, FOUNDER, START ON SUCCESS: Most of them stay at home, watch television. Their family waits for the welfare check, or they do as they become adults, possibly get into trouble. Only 30 percent of the students in this category do anything beyond high school.
VELSHI: Charles Dey is trying to tackle that problem with Start on Success, a job-training program.
DEY: Start on Success is 12 years old. We serve approximately 300 high school students with disabilities each year, preparing them for competitive employment. And we're in some 24 sites in five states, this program. Ninety percent of those youngsters complete the program. And, of that group, 85 to 90 percent go on to full-time employment or further education training.
VELSHI: It begins with a paid internship set up by Start on Success at a local university or hospital.
DEY: The youngsters are learning specifics about a job site, whether it's how to buff a floor or how to do staff work in an office setting.
VELSHI: As a retired headmaster of a private school, Dey has a lifetime of experience dealing with kids. His former college roommate, who ran the National Organization on Disability, recruited him to the cause, asking for an initiative that would deliver results.
DEY: This is a very serious program to prepare these young people for competitive employment. If they don't meet the standards on the job site, they don't continue in the program. My hope is that ever-increasing numbers of young people with disabilities will have this kind of an opportunity in the future.
VELSHI: Ali Velshi, CNN, New York.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
REP. NANCY PELOSI, (D-CA) SPEAKER OF THE HOUSE: ... 146. The nays are 182. The concurrent resolution is accepted without objection. A motion to reconsider is laid upon the table.
(END VIDEO CLIP)
PHILLIPS: The House passes that nonbinding resolution, rejecting President Bush's plan to send more troops to Iraq, a win for Democrats. It's going to be interesting to see what happens tomorrow within the Senate.
Dana Bash on the Hill with more -- Dana.
BASH: Well, Kyra, if Americans and voters in particular are looking to Congress to see what their actions in November, what kind of a product that gave here, all they had to do is look and see what happened on the House floor just moments ago. It was the very first vote that we have seen by the new Democratic-controlled Congress and by Congress at all since the war started four years ago, making clear that they oppose, in fact -- many people are looking at this as outright rebuking the president's plan in Iraq, specifically, this resolution said that the Congress is opposed to his plan to send 21,000 additional troops to Iraq.
While it did say it supports the troops, Republicans came onto the House floor, many of them to say that this simply is a political statement and nothing more. And already, we are seeing the House Democrats say that this is just a first step. The next step is going to be something that they can do which has the force of law. And that is to try to figure out how to restrict funding for forces in Iraq to try to force the president to switch course.
And one more thing that is noteworthy in this vote. You heard Nancy Pelosi announcing that this is 246 to 182. That's the vote total. Seventeen Republicans voted with the Democrats. And, you know, there were -- it was really unclear before this vote, Kyra, how many Republicans would go with the Democrats and vote to repudiate the president, essentially. Seventeen did, not as many as some predicted but certainly more than we probably, would have seen -- definitely would of seen before November's election -- Kyra.
PHILLIPS: All right. We'll track the special session tomorrow.
Dana, Bash, thanks.
LEMON: All right. Let's get the perspective from the White House. Elaine Quijano standing there for us live now.
Elaine, what do you know?
ELAINE QUIJANO, CNN CORRESPONDENT: Good afternoon to you, Don.
Well, certainly this was not a surprise to the White House. In fact, we do expect some sort of statement from the White House perhaps within the hour.
The message, though, really from the administration in recent days has been that while officials certainly understand lawmakers have the right to express their opinions, that the president himself is more interested in binding resolutions that deal with funding for the troops. The White House clearly trying to downplay the impact of this particular resolution in the House, making clear that President Bush does intend to move forward with his plan to have some 21,000 additional U.S. troops help pacify Baghdad and the Al Anbar Province.
In fact, today, President Bush sat down with the man he has chosen to be his new ambassador to Iraq, Ryan Crocker, and try to make the case that already his plan is yielding results. He said that he had a conversation today via secure video conference with the prime minister of Iraq, Nouri al-Maliki, and that Maliki told him he is, in fact, meeting benchmarks, benchmarks that include delivering Iraqi troops as promised and also working on an oil revenue sharing law.
So, Don, as the president sees this skepticism continuing, this outright opposition continuing on Capitol Hill, he continues to try to make the case that lawmakers should give his plan a chance.
And today the president essentially saying, "Look, this is already yielding some results" -- Don.
LEMON: Elaine Quijano, thank you.
PHILLIPS: One question answered, dozens of new ones to take its place. As you know if you've been with us in the NEWSROOM, Anna Nicole Smith's will was just made public in Florida. It's dated July 30, 2001.
It appoints Smith's longtime companion Howard K. Stern to hold her estate in trust for her son Daniel. And it specifically disinherits any future children or spouses.
Daniel Smith died last year just days after the birth of Smith's daughter Dannielynn. The estate could be worth millions, depending on the outcome of a long-running fight over the estate of Smith's late husband Texas oil tycoon J. Howard Marshall, II.
Smith's will was filed in Broward County, Florida, where a judge is still trying to settle custody of the body. Earlier, the judge ordered the body embalmed, even though Smith's final resting place is still undetermined.
LEMON: OK. Setting a record is one thing. Being snowed under till Easter, that's quite another. And that looks like the fate of communities such as Mexico, New York.
CNN's Reggie Aqui is trying to stay on top of it all.
REGGIE AQUI, CNN CORRESPONDENT: You'll see scenes like this all over this part of upstate New York, doors that are completely blocked by the snow. They've had to deal with this mess now for two weeks. And I can tell you, some of the residents are staying this is getting a little old, even for an area that's used to having a lot of snow fall each year. And as you can see, it keeps on coming down.
And this is what they have to do, dig out these tunnels so they can get to work and get to school. (BEGIN VIDEOTAPE)
AQUI (voice-over): The worst of this week's snowfall may be over.
UNIDENTIFIED FEMALE: There's a lot of snow, and it's definitely more snow than I've seen here.
AQUI: But it appears Mother Nature isn't quite through with the northeast yet. In upstate New York, Oswego County already covered in more than 11 feet of snow, is bracing for up to a foot more Friday, thanks to another blast of arctic air moving over Lake Ontario. That means extra work for the many snow crews working overtime to clear roads in the area.
In Mexico, a small town in Oswego County, the National Guard has joined the cleanup effort, a task so big New York's governor has asked that a federal emergency be declared in the county.
For the residents of upstate New York, the storm can't pass through soon enough. Near whiteout conditions, bitter cold temperatures and gusty winds have made for a winter nightmare.
Fears of snow bringing down the roof on this Oswego County Wal- Mart forced officials to close the store, literally leaving customers out in the cold.
UNIDENTIFIED MALE: It's an inconvenience, especially out here in the remote area of Central Square, you know? It's about the only thing next to the convenience store.
AQUI: And move it or pay. That's the attitude of tow truck companies in Syracuse, taking no mercy on snowed in motorists.
LT. JOE CECILE, SYRACUSE POLICE: If a car is illegally parked and it's prohibiting emergency vehicles or DPW from cleaning that road, then it's being ticketed and towed.
AQUI (on camera): It's the sort of place where even very small children can today make an easy dunk at the basketball net.
It's also the sort of day where you can climb up onto the roof just by jumping a little bit.
And guess what? The snow isn't over any time soon. We're talking about snow in the forecast the next several days.
Reggie Aqui, CNN, Mexico, New York.
(END VIDEOTAPE)
LEMON: Thanks, Reggie.
(WEATHER REPORT)
PHILLIPS: The wheels come off at Daytona. Now six teams in trouble for alleged violations. Coming up: what are fans saying about this car ruffle?
Keep both hands on the wheel. We're reading your e-mails straight ahead from the CNN NEWSROOM.
(COMMERCIAL BREAK)
PHILLIPS: It's the video everybody is talking about. A FedEx tractor trailer swerves, slides, and smashes into a police car on an icy interstate in northern Kentucky. But believe it or not, everybody walked away. And today they talked to CNN's Miles O'Brien on "AMERICAN MORNING."
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ASHLEY WALKER, RESCUED FROM CRASH: I had seen the police officer's car on the left-hand side, and as soon as I had seen it, I tried to get over in the other lane to pass up the police cruiser. I pressed on my brake, and I lost control of my car.
I almost hit the median, and I swerved out of the median and I hit the police cruiser. As soon as I hit that, the police officer ran over to me and said, "Get out, get out!" He took me out of my car, threw me to a median and threw himself over top of me. And after that, a semi had totaled my car.
MILES O'BRIEN, CNN ANCHOR: Just imagine if you were in that car. I'll tell you what, to tell people understand what was going on here, we're going to slow this down. And let's play it -- we'll go through it very quickly so they can see what was happening.
Your car is the kind of reddish car that is slamming in. You're not in it. And if you can see in it, there was some damage there from the previous wreck. As a matter of fact, let's go to -- if we can get a freeze in here, we can show you what was going on.
This car was obviously disabled. There you see the damage from the wreck with the police officer. And the truck obviously unable to get out of the way in time.
I've got to tell you, to both officers, you had such a little amount of time to react. Was it pure instinct?
Officer Eagler, you take it away.
OFFICER DOUG EAGLER, ERLANGER POLICE: Yes, it was. There wasn't time to do anything. But we saw a truck coming, we started yelling to each other, myself and Officer Allen, that there was a semi coming.
And we knew that Ashley -- and there was another car out there with our cruiser, and we had to get her out of the -- out of the way. She got her seatbelt off, and somehow, she got herself out, opened the door, and then we got to her and pulled her. And I just threw her down in the median, against the wall.
O'BRIEN: Wow. And Officer Allen, did you -- was it pure reaction like that? And at any point, did you think, oh my gosh, I've got to run for my own life?
OFFICER BILL ALLEN, ERLANGER POLICE: I don't think we had any time to think really at all. We just kind of reacted and worked as a team to save the three of us. And between all officers and I, we just took over and reacted.
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PHILLIPS: Well, the man in the blue car is also OK.
LEMON: Well State Farm says the best policy is no policies, new ones anyway in Mississippi. But it's not the only insurance company to get out and Mississippi is not the only state to be shunned. Details straight ahead with Gerri Willis.
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LEMON: Knees hurt? Well it turns out for millions of us, a knee bone's connected to the jaw bone. And you may avoid the surgeon's knife by resting that fork. Dr. Sanjay Gupta has a "Fit Nation" report.
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DR. ARTHUR RAINES, ORTHOPEDIC SURGEON: This is bone on bone. There's no space here compared to here. There's bone on bone here.
DR. SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT (voice-over): Joseph Harris had both knees replaced two years ago when he was 53. He blames it on playing football when he was younger and gaining weight when he was older.
JOSEPH HARRIS, KNEE REPLACEMENT PATIENT: I said if I slow down, maybe it will slow down the degenerative process of the knees. Of course, slowing it down at the same time, I gained 35 pounds.
GUPTA: Every extra pound of weight you carry is an extra four pounds of pressure on your knees.
RAINES: And multiply that by the thousands of steps an average human being takes each day. That's a significant amount of force.
GUPTA: And a recent study found more than 400,000 Americans have knee replacements every year. Experts say that number could increase by eight times by the year 2030, in many cases because of extra weight.
RAINES: Over the past 15 years, I mean, we're doing knee replacements in pains with arthritis in their 40s now, in their 50s. Sixty is a young patient to me.
GUPTA: Added to which, knees only last 15 to 20 years. So having surgery younger means patients may have to go for more replacements. At $31,000 a pop, knee surgery could end up costing Americans tens of billions of dollars. But some of that could be avoided by dropping that extra weight.
RAINES: Just a few pounds of weight loss can give you a significant relief in knee pain. And that might be one of the first steps in treating your knee problem.
GUPTA: Dr. Sanjay Gupta, CNN, reporting.
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PHILLIPS: Well as of today, if you need homeowners insurance in Mississippi, State Farm doesn't want to be your neighbor. It's refusing to write any new policies there, further complicating the post-Katrina recovery.
CNN's Gerri Willis joins us now.
Gerri, what's the latest on this?
GERRI WILLIS, CNN CORRESPONDENT: Hi, Kyra.
It was just Wednesday that State Farm announced it would no longer write new policies. And just a few hours ago, Mississippi's attorney general responded. He says he will seek legislation that would force State Farm to continue writing those policies in the state. It would require any insurance company that writes auto policies to also write homeowner policies. We'll have to wait and see whether he'll get that legislation. State Farm, of course, is in the business to make money and it's not a not for profit. They were losing money in Mississippi and they are cutting their risk.
PHILLIPS: All right. What's on "OPEN HOUSE" this weekend?
WILLIS: Well, Kyra, this weekend we have a special "OPEN HOUSE" uncovering America. We'll look at one woman who says she was a victim of discrimination in mortgage lending and fought back. That's "OPEN HOUSE" this Saturday at 9: 30 a.m. right here on CNN.
PHILLIPS: Gerri Willis, thanks so much.
WILLIS: Thank you.
LEMON: Big scandal at Nascar's biggest race. A crew chief and the team director for driver Michael Waltrip have been kicked out of Sunday's Daytona 500. Five other teams have also been disciplined for other rules violations. But some people, including some drivers, say cheating is not unusual.
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KYLE PETTY, NASCAR DRIVER: I'm not throwing rocks. I live in that glass house. I've cheated ten million times and I'll admit it straight up, dude. I've done it ten million times. Lived to pay for it and lived to walked away from it. So we've all been there.
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PHILLIPS: All right. So we wanted to know what you think about cheating. We asked you to e-mail us your answer to this question: is it ever OK to cheat?
LEMON: Well, here are some of your responses.
Jack think Nascar is being too hard on the race crews. He writes: "If it's a safety issue, that's different than if it's a bending of the gray areas for a speed in crease" -- whatever that means -- "So cheating is wrong, but creative thinking should be applauded."
PHILLIPS: Now, some you got down right philosophical.
Olive had this to say: "No matter what you've done, even if no one else ever finds out, you'll always have to live with your truth. No, it's not OK."
LEMON: MD says, "I don't think any of us can say we've never cheated. however, there is a big difference in cheating your sister at Monopoly and cheating for profit at the expense of the public, or an election, or a spouse. We need to establish standards in our society."
PHILLIPS: And some of you had a little fun with this.
Scott writes, "Yes it's OK to cheat if you cheat death?"
Keep your e-mails coming. We're going to keep reading them later in the NEWSROOM.
LEMON: Well, here's a man that never cheats, Wolf Blitzer.
PHILLIPS: A man of all upstanding ethics.
What's up in the "SIT ROOM" on the road in Vegas?
WOLF BLITZER, CNN ANCHOR: We're in Vegas, guys. Too bad you're still in Atlanta. But we'll have a good show here in Vegas.
We're live in Las Vegas this hour. We're following all of the latest political developments. Nevada, an important state in this political cycle. We're going to tell you what's going on in this key state as far as the race for the White House is concerned.
Also, the House votes on the controversial resolution opposing more U.S. troops in Iraq. Will it lead to a constitutional showdown between lawmakers and President Bush?
And many say he was the spoiler in 2000, costing Al Gore the election. Now Ralph Nader is eying another potential presidential bid. Find out why he says it depends in large measure on one particular candidate.
All of that, guys, coming up here in the "SITUATION ROOM" in Las Vegas. Back to you.
PHILLIPS: Who's your tee, Wolf?
BLITZER: So far, I saw a bunch of tall guys who play in the NBA.
PHILLIPS: Yes. Because you have absolutely no interest in basketball, right, Wolf?
BLITZER: There's a huge All-Star game. I don't know if you heard, Sunday, here in Las Vegas. It's going to be on our sister network TNT. It's going to be a game with a lot of really talented athletes.
PHILLIPS: You'll be watching everything they say, too.
Thanks, Wolf.
LEMON: Don't lose too much money. Then you won't be able to spend it on this.
Closing bell and a wrap of all of the action on Wall Street straight ahead.
PHILLIPS: And we'll have video of the day: a very upset elephant and a very unlucky minivan. That's coming up straight ahead in the NEWSROOM.
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LEMON: Oh, my goodness! Somebody is having a bad day. This four-ton elephant was supposed to be playing polo in Sri Lanka. Yes, polo. He was trained for it. Trouble was, he didn't much like it and he took out his frustration on the minivan. Luckily, no one was hurt. But imagine trying to explain this one to your insurance company.
"It was an elephant. You know, he broke it."
PHILLIPS: All right here's a wedding gown you won't find at Filene's Basement. and if you have to ask how much it is, well, you can't afford it. Most brides are happy to get one diamond. This sucker is covered with them, $19 million worth of gems.
I tell you what, Susan Lisovicz, the groom better be well worth it!
SUSAN LISOVICZ, CNN CORRESPONDENT: He better pay for it, as far as I'm concerned.
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LISOVICZ: Now let's go to "THE SITUATION ROOM" and Wolf Blitzer in Las Vegas.
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