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American Morning

New Concerns About Contaminated Food; Libby Verdict

Aired March 07, 2007 - 07:00   ET

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


SOLEDAD O'BRIEN, CNN ANCHOR, AMERICAN MORNING: ... of the terrifying scene from a camera crew that was onboard.
MILES O'BRIEN, CNN ANCHOR, AMERICAN MORNING: Convicted felon Scooter Libby fights for a new trial today, plus, what it all means for his former boss, the vice president.

S. O'BRIEN: Is it safe for you to eat your breakfast this morning? There are some new concerns about contaminated food and just who's watching out for all of us.

We're live from Moscow, Indonesia, Washington, D.C., and right here in New York on this AMERICAN MORNING.

Welcome back, everybody. It's Wednesday March 7. I'm Soledad O'Brien.

M. O'BRIEN: I'm Miles O'Brien. Thanks for stopping by.

S. O'BRIEN: Let's begin with that plane crash and the following fire. It was a Garuda Airlines' flight. That is Indonesia's national airline. Apparently the plane overshot the runway in Yogyakarta; skidded right into a rice field, caught fire. CNN's Kathy Kiyanyo (ph) has some of the survivor stories for us this morning.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: The Boeing 737 burst into flames within seconds of landing. Witnesses say Garuda Airlines 200 overshot the runway and stopped only after it hit the fence.

Some of the 140 people on board walked away unscathed. This video was taken by an Australian television cameraman who was on aboard the ill-fated flight. Passengers and crew looking shocked and gazed helped carry the injured away from the burning plane. Many had minor cuts and bruises. But others suffered from serious burns and other injuries.

RUTH BAMGGADAN, CRASH SURVIVOR: I think the flames started when we hit the ground for the first time. So when we stopped, it wasn't a long time. So, it's very quick, like a bomb, and then we moved forward a little bit and stopped and the fire was outside. We already smelled the smoke.

UNIDENTIFIED FEMALE: Firefighters quickly put out the fire as passengers escaped. Most of those on board were Indonesians. The injured were rushed to local hospitals for treatment, as families and friends searched for their loved ones. Garuda Airline officials say caring for those who survived and for those who were left behind is a top priority. But many questions remain. Indonesia's president ordered an investigation, appointing the country's security minister to head the probe.

Kathy Kiyanyo (ph), CNN, Jakarta.

(END VIDEOTAPE)

S. O'BRIEN: Also in Indonesia this morning rescue workers on the island of Sumatra are still searching for people trapped under the rubble after two earthquakes that happened yesterday. Thousands of people are camping out now, fearing more aftershocks. At least 52 people were killed, hundreds were injured, and thousands of buildings were damaged in those quakes.

M. O'BRIEN: From chief of staff to the vice president to convicted felon. Scooter Libby facing prison time this morning after that dramatic guilty verdict in Washington. Libby's lawyers say they will ask for a new trial and Washington is abuzz this morning with speculation the president will pardon him. CNN's Kathleen Koch live at the White House with more.

Good morning, Kathleen.

KATHLEEN KOCH, CNN CORRESPONDENT: Good morning, Miles.

Yes, that certainly is the question of the day. The White House says that such talk is not appropriate at this time, in particular, as you mentioned, with Libby's attorneys saying they're going to ask for a new trial, and if not, they'll certainly appeal this verdict.

Though, it's important to point out that the White House yesterday did not rule out the possibility of President Bush granting Scooter Libby a pardon.

Now, other than that, the White House would not comment further on the case, while White House Deputy Press Secretary Dana Perino did give a short reaction from the president.

(BEGIN VIDEO CLIP)

DANA PARINO, DEPUTY PRESS SECRETARY, WHITE HOUSE: He was in the Oval Office. He saw the verdict read on television. The chief of staff Josh Bolton and counselor Dan Bartlett were with him. He said that he respected the jury's verdict, that he was saddened for Scooter Libby and his family.

(END VIDEO CLIP)

KOCH: While the president accepted the jury's verdict, a very different response came later in the day from Vice President Dick Cheney, a more critical response and certainly not surprising because Libby was his chief of staff and a close friend.

The vice president saying, quote, "I am very disappointed with the verdict. I am saddened for Scooter and his family. As I have said before, Scooter has served our nation tirelessly and with great distinction through many years of public service."

Certainly, also, a Democratic reaction from the Hill was predictable. Democrats largely welcoming the verdict saying it was an indictment of the president's decision to go to war, and calling on President Bush to pledge, indeed, that he would not pardon Scooter Libby -- Miles.

M. O'BRIEN: Kathleen Koch at the White House, thanks. In just a few minute we'll speak with attorney and reporter Savannah Guthrie of Court TV, who has covered this case from the beginning -- Soledad.

S. O'BRIEN: Happening this morning: Former Health & Human Services Secretary Donna Shalala and the former Senator Bob Dole head to the White House today. They are going to officially take the reins of a new committee that is investigating medical care for veterans. The president formed the committee reports of neglect and terrible conditions at the Walter Reed Army Medical Center.

Jordan's King Abdullah addresses a joint meeting of Congress this morning. He is expected to talk about the Arab League-backed Middle East peace initiative.

And Bill is on the Hill, Microsoft founder Bill Gates is heading to Capitol Hill this morning. He's testifying about granting more visas to high-tech workers from overseas. Gates says the U.S. needs more skilled labor in order to stay competitive.

M. O'BRIEN: Just by virtue of the fact that you're watching me now you know that I am among the legion of losers. And since you're getting ready for another day of work, you're in the "L" club. We're talking about Mega Millions, the Mega Millions we don't have this morning.

Boo. The $370 million still up for grabs, boys. No word on whether anyone is a winner yet. A def-con 1 lottery ticket buying frenzy yesterday. They were selling a million tickets an hour at one point. In Ohio the system crashed about a hour before the drawing.

Here are the winning numbers: 42, 39, 29, 22, 16, and the Mega ball number, 20.

So, remember all those choice words you had crafted for that speech to the boss, all those things you dreamed of buying? Forget about it, until next time, at least. Maybe it will roll over and be a half billion.

S. O'BRIEN: I sure hope so. That would be nice.

M. O'BRIEN: All right, we'll all be in.

S. O'BRIEN: We were talking about the bitter cold all morning and threat of snow, too. Chad will be back to tell us where and when straight ahead this morning. And a closer look at the jury's verdict in the Lewis Scooter Libby trial. We'll talk to a reporter who has been covering the trial and find out what comes next.

And so close and yet so not there: FEMA trailers sitting empty right in the same states where they're need for homeless families who were hit by that devastating tornado. We'll show you, next on AMERICAN MORNING. The most news in the morning is right here on CNN.

(COMMERCIAL BREAK)

S. O'BRIEN: Most news in the morning is right here on CNN. Developing news out of Indonesia; 23 people dead, more than 100, though, were able to survive when a plane overshot a runway and burst right into flames.

Word just in from Afghanistan this morning a senior Taliban leader has been captured near Kandahar. It's all part of that new NATO crackdown on the Taliban -- Miles.

M. O'BRIEN: The Scooter Libby trial may be over, but we have not heard the last of this story. His defense team will ask for a new trial, failing that, an appeal. And there's always the chance of a presidential pardon. A lot of people surprised by the verdict. Many believed that the 10-day long deliberation was a sign the jury would, in fact, find him innocent.

Savannah Guthrie covered the Libby trial for Court TV. She joins us once again from Washington.

Savannah, 10 days of deliberation, all the speculation was, hmm, looks like he will get off. Were you among those people who felt that that was the case?

SAVANNAH GUTHRIE, COURT TV: Well, not exactly, no. Because I think reading between the lines of the jurors' notes you could see that this was a very attentive, detail-oriented jury. This was a jury that kept asking for more office supplies. It was clear they were digging into the evident, making charts, going through all the evidence.

I think that I felt, even though it's true the rule of thumb is a long deliberation favors the defense, it was clear to me these were jurors who were very analytical and it wasn't so long that you thought there was somebody back there putting up a fight holding up the whole jury.

M. O'BRIEN: Here's what's interesting. What might have been holding them up is they felt sorry for Scooter Libby. Let's listen to one of the jurors, Denis Collins.

(BEGIN VIDEO CLIP)

DENIS COLLINS, JUROR, LIBBY TRIAL: Some jurors commented at one point, I wish we weren't judging Libby. You know, this sucks. This is, you know, we don't like being here, doing this. But that wasn't our choice.

(END VIDEO CLIP)

M. O'BRIEN: All right. There was sympathy there, they called him a fall guy. Makes you wonder if they should have put Scooter Libby on the stand.

GUTHRIE: I think that's probably a big question the defense lawyers are probably asking themselves that today. If they had put Scooter Libby on the stand, they could have put more of that memory defense before the jurors.

I didn't remember, and I had so many more pressing things on my mind because Libby didn't testify the judge decided how far the defense could go with those arguments. I think it's easy to judge now, now that we have the verdict, in hindsight. I still think it was the right call for the defense attorneys.

If they could have put Scooter Libby on the stand and not have him cross-examined, fine. That would have been a great thing. Same thing with Vice President Cheney. But the specter of having prosecutor Fitzgerald, who is ferocious in court, cross-examining these guys, I think the defense made the absolute right call, even though they didn't get the result they wanted.

M. O'BRIEN: All right. He's convicted of lying to investigators who are trying to find out who leaked the identity of CIA agent Valerie Plame -- former CIA agent. Valerie Plame's husband, Ambassador Joe Wilson, the alleged target of the smear campaign, was on "Larry King" last night. Listen to what he had to say, it's interesting.

(BEGIN VIDEO CLIP)

JOE WILSON, VALARIE PLAME'S HUSBAND: The fact that Mr. Libby was convicted of perjury and obstruction of justice doesn't mean that he wasn't culpable of something, else any more than when Al Capone was convicted of tax evasion, it didn't mean that he wasn't a mobster.

(END VIDEO CLIP)

M. O'BRIEN: Actually, that was on the "Anderson Cooper" show. Sorry about that. Al Capone and tax evasion, is that a good analogy here?

GUTHRIE: I don't know. I mean, some people think perjury and obstruction and false statements is a technicality and that the prosecutor should have sought the more serious charge. The fact of the matter is prosecutor Patrick Fitzgerald, who most people think it totally apolitical, looked at the facts. He didn't have the facts to warrant a prosecution for the leak, but he did believe that Libby lied to him. He had to go after this case.

He felt that any prosecutor in his shoes wouldn't have given a pass when confronted with these facts. So, I don't think it's necessarily a technicality. The Wilsons have a civil suit, they can press that, that case goes forward, but totally different than a criminal case.

M. O'BRIEN: He could face 25 years in prison. Is he going to get that, one-word answer, yes or no?

GUTHRIE: No way, two words.

M. O'BRIEN: OK, Court TV's Savannah Guthrie. Thanks very much.

Soledad.

S. O'BRIEN: For once it seems FEMA is at the right place, at the right time, and yet families who need a place to stay are still without a home today. CNN's Jean Meserve shows us FEMA trailers sitting empty in the same state where a tornado wiped out so many homes.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice over): Ten days ago this was a neighborhood. Today, it's a ruin. Residents are asking a familiar question, where's federal help? Where's FEMA? On February 24th the severe tornado churned through southeastern Arkansas, chewing apart 150 homes.

TERRY EDWARDS, HOME DESTROYED BY TORNADO: Well, you can see there was a house here at one time, but no longer. We lost, lost it to the storm.

MESERVE: But Hope, literally Hope, Arkansas, is only a three- hour drive away. You may remember that's where all those FEMA mobile homes sit. Those 8,000 fully furnished mobile homes purchased for Hurricane Katrina victims. They became an embarrassment because they're still here, unused.

Now, another disaster, the trailers would appear to be a perfect solution for housing the tornado victims only 160 miles away, but after 10 days, still, no hope from Hope.

REP. MIKE ROSS (D-AR): It's unacceptable. It is reprehensible. And it's a symbol of what's wrong with FEMA.

MESERVE: FEMA says they can't send the mobile homes unless the tornado ravaged area is declared a federal disaster area. It hasn't been, so, FEMA's trailers still just sit there.

JUDGE MARK MCELROY, DESHA COUNTY, ARKANSAS: I took for granted that help was on the way. You know, that's what our government's there for, Federal Emergency Management. If this is not an emergency, there's not a cow in Texas.

MESERVE: FEMA is still assessing whether state and local governments really need federal help. One FEMA official points out that Arkansas currently has an $850 million budget surplus. The governor has a different view.

GOV. MIKE BEEBE, (D) ARKANSAS: We're using all our resources that are set aside for this. All our resources that are designed for disaster relief from the state level and all our personnel. So, it's time the federal government did their part.

MESERVE: The anger in Arkansas is tinged with suspicions of political games. Less than 48 hours after tornadoes hit Alabama and Georgia, President Bush and FEMA Director David Paulison were on the ground with assurances of federal help. Those states have Republican governors. Arkansas does not. FEMA says that isn't a factor, but some locals aren't buying it.

EDWARDS: I think the Republicans got their butts kicked in the state of Arkansas by the Democrats this year, and I don't think they're liking it too well.

MESERVE: Today, most people here have found some kind of shelter, but not a home. Having the FEMA mobile homes so close, so empty, so available, and yet so inaccessible is a bitter pill. Jean Meserve, CNN, Washington.

(END VIDEOTAPE)

S. O'BRIEN: Arkansas' governor asked the White House to send some of those 8,000 trailers from Hope to Dumas. We'll let you know what comes of that request.

A little after quarter past the hour. Chad Myers is at the CNN Weather Center.

(WEATHER REPORT)

M. O'BRIEN: You wear contacts? There is another contact lens solution recall you need to know about. That is not the only problem facing Bausch & Lomb. Our visionary business guy, Ali Velshi, with that.

Plus:

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It is not in the meat or poultry that might be undercooked or mishandled, it could be in the salad.

(END VIDEO CLIP)

M. O'BRIEN: Better take Popeye's advice with a grain of salt. The government may not be minding the produce store. We'll explore ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

M. O'BRIEN: The most news in the morning here on CNN. A crash investigation under way in Indonesia. A 737 overshooting a runway in Yogyakarta; 23 killed more than 100 survived. The cause unknown, but pilot error is suspected.

At least seven Shiite pilgrims killed in an attack south of Baghdad overnight. The victims all headed to a Shiite religious festival.

Soledad.

S. O'BRIEN: There's e. Coli in your spinach. There's salmonella in your peanut butter. There's listeria in your chicken. So, you have to wonder just what's going on in the food supply, and just what is safe to eat. You might be surprised that while we're hearing more about contamination, federal funding for food inspection is actually down. AMERICAN MORNING's Greg Hunter has been doing a little fact checking on this story for us. He's with us.

Good morning.

GREG HUNTER, CNN CORRESPONDENT: Good morning, Soledad.

General Accounting Office says food safety is now designated as high risk, because of ineffective and inconsistent oversight by federal agencies. Here's how consumers are getting left holding a bag.

(BEGIN VIDEOTAPE)

HUNTER (voice over): The Food and Drug Administration's food safety budget has been cut almost in half in the last three years. Consumer advocates say more people get sick from eating bad produce than seafood, beef and poultry combined. That's not a coincidence.

CAROLINE SMITH DEWAAL, CSPI: Right now, that agency is more like a fire department running and responding to emergencies, rather than a public health agency charged with preventing these emergencies.

HUNTER: Smith-Dewaal says without more oversight consumers can expect more large outbreaks nationwide.

(On camera): Guaranteed?

DEWAAL: Yeah, unless something changes and that change has to be more money and more inspectors to manage the risk in FDA regulated food.

HUNTER (voice over): On top of that, there are no mandatory rules for handling produce, only voluntary guidelines.

REP. BART STUPAK (D-MI) OVERSIGHT & INVEST. CMTE.: There should be mandatory guidelines with mandatory fines and costs. Then the fines and costs are put back in the system to help ensure compliance.

HUNTER: The expert on food safety at one think tank says the only way to kill bacteria in produce is by irradiating it, zapping it with radiation. And that consumer advocates are wrong to think that more inspections is the answer.

ALEX AVERY, HUDSON INST. CTR. FOR GLOBAL FOOD ISSUES: They're not educating people, they're just demonizing the technology, and demanding more inspectors, which is completely counterproductive.

HUNTER: Meanwhile, the FDA declined to speak to CNN about the 39 percent decline in inspections since 2003. Smith-Dewaal says that's a recipe for future disaster.

DEWAAL: I think the outbreaks are going to continue to be large, and to impact consumers nationwide.

(END VIDEOTAPE)

HUNTER: The 2008 federal budget calls for just over a $10 million increase for the FDA's food safety program. Now, keep in mind, they oversee 80 percent of the food supply, compare that the USDA's increase in the 2008 budget, $148 million. The USDA inspects meat and poultry, about 20 percent of the food supply.

S. O'BRIEN: Yes, so people doing more of the work are getting less of the dough is kind of the question at the end of the day. Any good news in any of this?

HUNTER: The good news in all of this is that GAO says our food supply is generally safe. The GAO says that. And also Carolyn Smith Dewaal, at the Center for -- you know, CSPI, says that beef is trending down. Down, down, down. It is partly because consumers are handling it better and the meat packers are handling the beefs better. So, beef outbreaks have come way down.

On the other hand, then you have the whole produce thing. They're higher than all three. Beef, poultry and fish combine the amount of people getting sick.

S. O'BRIEN: It feels like we're just talking about it all the time now. Almost every other week.

HUNTER: We're having a lot of outbreaks.

S. O'BRIEN: Greg Hunter, thank you.

Coming up in our next hour, we're going to talk about the medical, and also the personal side of all this, when Dr. Sanjay Gupta joins us. He talks to a family where they're still trying to recover after they ate contaminated spinach -- Miles.

M. O'BRIEN: Thank you, Soledad.

A big contact lens solution recall and it has a familiar ring to it, the company, once again, is Bausch & Lomb. It's 25 minutes past the hour. Ali Velshi with that.

Good morning, Ali.

ALI VELSHI, CNN FINANCIAL CORRESPONDENT: Good morning.

I gave up wearing contact lenses years ago, which means it's one less thing to do on my list today.

Bausch & Lomb is issuing a voluntary recall of a million bottles of contact lens solutions. This is Renu Multi-Plus. Because of elevated levels of trace iron, which cause discoloration and shortened shelf life. Now, it says there are no adverse effects to consumers. This affects the product sold in the United States, Canada, Latin America, Korea and Taiwan. This is Multi-Plus. This is different from last year's recall, which was issued in May, and that was for Renu with Moisture Lock.

A very different situation. That one was reported to cause actual eye infections and they pulled that. The company is saying that it doesn't expect any significant financial impact from this latest recall. And, in fact, the stock was up on news that these guys are acting on it pretty fast and calling it in.

M. O'BRIEN: Interesting, the market likes --

VELSHI: Last year the last one took a little long for Bausch & Lomb to deal with.

M. O'BRIEN: And the earnings are down though, right?

VELSHI: The earnings are down partially because they had to pull the last one last year.

Ali Velshi, thank you.

M. O'BRIEN: Top stories of the morning are coming up next. Crash landing, fire and smoke after a jet crashes in Indonesia. And, yet, more than 100 passengers managed to survive that.

Cold War intrigue happening right now. A friend of the poisoned Russian spy gunned down in Washington. Americans poisoned in Moscow? What is going on?

Plus, one study after another about aspirin. Is it good for you? Is it bad for you? It's enough to give you a headache. Dr. Sanjay Gupta will help sort it out for us. You're watching AMERICAN MORNING. The most news in the morning right here.

(COMMERCIAL BREAK)

M. O'BRIEN: Good morning to you, Wednesday March 7. I'm Miles O'Brien.

S. O'BRIEN: I'm Soledad O'Brien. Thanks for being with us.

We begin with some news from the Mega Millions lottery. The Ohio Lottery spokesperson says that there were two winning Mega Million tickets sold, one in New Jersey and one in Georgia.

It looks as if their website may have crashed, assuming maybe that people are waking up and logging on trying to figure out if they were the winners, or not. If they missed the drawing last night.

Obviously, this is all we know at this point, two tickets apparently sold, and we'll update you on the situation as soon as we get more information.

M. O'BRIEN: Absolutely.

S. O'BRIEN: We're also covering other stories around the globe for you this morning. We're going to take you live to Indonesia, 23 people dead after that passenger plane explode into to flames. There is late word that pilot error might be to blame. Plus some dramatic pictures from a news crew that was on board, and able to escape the plane.

M. O'BRIEN: Here at home, Scooter Libby's conviction in the CIA leak case still the talk of Washington, of course. So, too, is a possible pardon from President Bush. We'll tell you what the White House is saying about that.

S. O'BRIEN: Health alert for you this morning. Dr. Sanjay Gupta is going to drop by. He has important news for millions of Americans who take aspirin every day. We'll look at that.

And a presidential pardon, could that be on the way in Washington, D.C.? Lewis Scooter Libby now a convicted felon. He is facing prison time this morning after that dramatic guilty verdict. Libby's lawyers say they will ask for a new trial and DC is abuzz this morning with speculation that maybe President Bush is going to pardon him. More now from CNN's John King.

(BEGIN VIDEOTAPE)

JOHN KING, CNN CORRESPONDENT (voice-over): Guilty on four of five counts is the legal verdict against former top White House aide "Scooter" Libby.

TED WELLS, LIBBY'S ATTORNEY: We are very disappointed in the verdict of the jurors.

KING: But this case is as much about politics as it is the law and the debate turned immediately to the impact on the president and the vice president. The question of whether Libby might be spared jail time through a presidential pardon.

DANA PERINO, DEP. WHITE HOUSE PRESS SECY: I don't think that speculating on a wildly hypothetical situation at this time is appropriate.

KING: Senate Majority Leader Harry Reid, though, was among the senior Democrats who moved immediately to pressure the president to publicly rule out a Libby pardon.

SEN. HARRY REID (D) MAJORITY LEADER: For the first time in 135 years, somebody working in the White House is indicted and now convicted. I think that says it all.

KING: Another Democratic goal, cast the Libby verdict as a reflection of more than one man's guilt. House Speaker Nancy Pelosi said testimony in the case unmistakably revealed at the highest level of the Bush administration a callus disregard in handling sensitive national security information and a disposition to smear critics of the war in Iraq. The nuts and bolts of the case are confusing and Libby is hardly a household name outside official Washington. Still, the conviction of Mr. Cheney's long-time confidante on perjury and obstruction of justice counts is the latest political blow to a beleaguered White House.

PATRICK FITZGERALD, SPECIAL COUNSEL: It's sad that we had a situation where a high-level official, a person who worked in the office of vice president, obstructed justice and lied under oath.

KING: The president's approval rating stands at an anemic 33 percent. Six in 10 Americans view the Iraq war as a mistake and now guilty verdicts in a case that stirs up the debate about prewar intelligence.

(on-camera): If there is any silver lining in the verdict for the White House, it is this. The defense decided against calling the vice president to the stand, something that would have elevated the political stakes and prosecutor Fitzgerald says his investigation is dormant, unless some new evidence comes to light. John King, CNN, Washington.

(END VIDEOTAPE)

MILES O'BRIEN, CNN ANCHOR, AMERICAN MORNING: Happening this morning, Shiite pilgrims under attack in Iraq again today. At least seven killed in southern Baghdad. Insurgents first set off a bomb and then opened fire on the crowd that gathered around. More than 150 were killed in the last three days alone, as Shiites make a holiday pilgrimage to Karbala. That's 50 miles south of Baghdad.

Former Health and Human Services Secretary Donna Shalala and former Senator Bob Dole head to the White House today. They'll officially take the reins of a new bipartisan committee investigating medical care for veterans. The president formed the committee after reports of neglect and shabby conditions at Walter Reed army medical center.

Historic talks between the U.S. and North Korea ending on an optimistic note. U.S. diplomats still warning though they want Pyongyang to come clean about its uranium enrichment program. They also want any nuclear weapons destroyed before relations between the two countries could be normalized.

And Bill comes to the Hill. Microsoft founder Bill Gates heading to Capitol Hill this morning to testify before the Senate Labor Committee. He'll talk about granting more visas to foreign high-tech workers, which he says the U.S. needs to do if it wants to stay competitive.

S. O'BRIEN: More now on that crash and then fire of a Garuda airlines flight. That's Indonesia's national airline. It apparently, a plane overshot the runway in Jakarta and skidded right into a rice field and then caught fire. CNN's Kathy Kiana (ph) has some of the survivors' stories for us this morning.

(BEGIN VIDEOTAPE) KATHY KIANA, CNN CORRESPONDENT (voice-over): The Boeing 737 burst into flames within seconds of landing. Witnesses say Garuda Airlines flight 200 overshot the runway and stopped only after it hit the fence. Some of the 140 people onboard walked away unscathed. This video was taken by an Australian television cameraman who was on board the ill-fated flight. Passengers and crew looking shocked and dazed helped carry the injured away from the burning plane. Many had minor cuts and bruises, but others suffered from serious burns and other injuries.

VOICE OF RUTH BAMGGADAN, CRASH SURVIVOR: I think the plane started when we hit the ground for the first time. So, when we stopped, it felt really, it wasn't a long time. So it was quick like a bomb and then we moved forward a bit and then it stopped and then the fire is outside (INAUDIBLE).

KIANA: Firefighters quickly put out the fire, as passengers escaped. Most of those onboard were Indonesians. The injured were rushed to local hospitals for treatment as families and friends searched for their loved ones. Garuda Airline officials say caring for those who survived and for those who were left behind is a top priority but many questions remain. Indonesia's president ordered an investigation appointing the country's security minister to head the probe. Kathy Kiana, CNN, Jakarta.

(END VIDEOTAPE)

S. O'BRIEN: Has a deadly game of Russian espionage now come to the United States? An American critic of the Kremlin was gunned down in Washington, DC, and his relation to a dead spy has questions about just who was behind that attack. Lots of intrigue and we've got the details coming up, next.

Plus one report after another tells us something different about aspirin. Is it good for you? Is it not good for you? Dr. Sanjay Gupta will help us sort it all out coming up next. You're watching AMERICAN MORNING. The most news in the morning is right here on CNN.

(COMMERCIAL BREAK)

M. O'BRIEN: Most news in the morning right here on AMERICAN MORNING, breaking news this morning on that $375 million mega millions jackpot. Ohio lottery officials reporting there are two winning tickets out there, one in New Jersey, one in Georgia. Stay tuned.

And in Washington, DC, King Abdullah of Jordan is set to address a joint meeting of Congress today. He's expected to talk about Middle East peace. Soledad?

S. O'BRIEN: There's new word from Russia this morning on a story we told you about yesterday. Two Americans women, a mother and daughter poisoned with thallium while they were in Moscow. They're now out of the hospital. CNN has learned that they're back on a plane to California. In suburban Washington, DC, there are now questions about the shooting of an American who criticized the Russian government. Jill Dougherty is live in Washington, DC, covering both of these stories for us this morning. Jill, good morning.

JILL DOUGHERTY, CNN CORRESPONDENT: Morning, Soledad. This latest incident happened in suburban Washington, DC last week. A U.S.-Russia expert shot and wounded just outside the door to his house. He's still in the hospital and police haven't been able to question him yet. Those local police assisted by the FBI are looking for answers.

(BEGIN VIDEOTAPE)

DOUGHERTY (voice-over): Paul Joel (ph) an American expert on Russia is a long-time critic of Russian President Vladimir Putin and a friend of Alexander Litvenenko, the former Russian intelligence officer poisoned to death last November in London. When NBC interviewed Joel in February about Litvenenko's death, he pointed the finger of blame straight at the Kremlin.

UNIDENTIFIED MALE: The benefit from their standpoint is we are letting everyone know that we will inflict a horrible death, a public, horrible death on those that speak out against us.

DOUGHERTY: Last week Joel himself was shot outside his house in suburban Washington, DC. He survived, but is sedated and cannot talk with police. It happened just a few hours after he had drinks with Oleg Calugan (ph) former senior KGB officer and a former business partner of his now living in the U.S. Ironically, they met near the international spy museum in downtown Washington, DC. Joel's wife, Elizabeth, tells CNN her husband told her he was accosted by two black men. She says they didn't demand his wallet. One of them said, quote, just shoot him. Mrs. Joel says she doesn't want to speculate on whether it was a street crime like an attempted car jacking or something more sinister. Police aren't speculating on a motive either as the investigation continues.

So, the Kremlin consistently has denied it has any role in reprisals against critics but U.S./Russia relations right now are tense and some observers are attempted to interpret this incident and others as a kind of plot for a cold war spy novel, but so far, there's no concrete proof the Kremlin or Vladimir Putin is behind this and even the spies don't know for sure, Soledad.

S. O'BRIEN: I'll tell you, it does sound like a novel though, doesn't it? Is there a sense that this was random violence? Do they even know at this point?

DOUGHERTY: They're doing the investigation. In fact, I just a few minutes ago got off the phone with the police in suburban Maryland and what they're saying is they don't know. They're looking at a lot of possibilities. Some people behind the scenes have been saying there were a couple of factors. Number one, he wasn't killed. He was shot and wound and if this were a professional hit, you would tend to think that they want to kill him. Also, he was driving a car that is a pretty nice car, some car jackers might like that. That's another theory. So, there are many, but we will, I am sure, soon find out what happened with this, Soledad.

S. O'BRIEN: Twists and turns, all right, Jill Dougherty for us this morning. Thanks Jill. Miles.

M. O'BRIEN: It's about quarter of the house now. Chad Myers at the CNN weather center watching some very cold weather. You're watching it. We're feeling it just a little while ago.

CHAD MYERS, CNN METEOROLOGIST: It's going to be 70 in Atlanta today. There's this front that --

M. O'BRIEN: You're rubbing it in aren't you?

MYERS: I'm going boating with my friend that has a boat. I'm going ice fishing in the Hudson. Be careful, it's moving. That's called trolling. 13 in New York right now. That's the air temperature, four in Albany and eight below zero the air temperature in Montreal. But the cold spot right now is Saranac Lake, New York, 35 degrees below zero, the high yesterday was four below. They never made it above zero and that's Fahrenheit. Not making it above four Celsius isn't so bad because that's about 26 or so, 22 degrees below zero is what it feels like in Montreal, five below in Portland and 10 below in Boston.

There is some light snow with this, but light at best because the air is so cold it can't hold a lot of moisture, two to four inches though of snow east of Pittsburgh. Right in Pittsburgh, it is getting very slick. Those hills are - they're treacherous around Pittsburgh trying to get so many cars in and out of there. The salt trucks are out working their best this morning. But that's the big story of the day is where this cold is bottled up, up across the northeast and that's it. The rest of the country, actually, in pretty good shape. New York City you do warm up. Saturday and Sunday you're back up into the 40s. The place to be is on the left coast. The west coast is so beautiful here. Look at Phoenix, all the way up to 90 by Sunday. Miles, back to you.

M. O'BRIEN: Happy boating Chad.

MYERS: Thank you.

M. O'BRIEN: Coming up, aspirin, much more than a pain killer but it may not be the silver bullet for your heart or for cancer. Sanjay Gupta is here to help us sort all this out.

Plus, women across the country thought this guy was Mr. Right, until police discovered his big secret. We have it for you, ahead on AMERICAN MORNING.

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S. O'BRIEN: Most news in the morning is right here on CNN. Breaking news about that $370 million mega millions jackpot. Turns out there are at least two winning tickets out there, one in Georgia and one in New Jersey. I think they're still waiting for California to report.

And what to do about nothing. That's what is being said about a new study out of Stanford University. It found that 300 women, found that low carb, high protein Atkins' diet is the best bet for losing weight. Plus it lowers your blood pressure and your cholesterol, sound good, right? But the truth is, nobody lost much weight over a year and they really weren't able to keep it off.

M. O'BRIEN: So I should get off it now. I'm on South Beach. It's the same thing.

S. O'BRIEN: Good luck to you.

M. O'BRIEN: This morning I took an aspirin just like I do every morning. I thought it was supposed to be good for me, my heart, in particular. I was also under the impression it helps fight colon cancer. Sound too good to be true? It just might be. A new study says aspirin in some cases may do more harm than good. Help. Dr. Sanjay Gupta, bail me out of this. What do we do? Who should be taking aspirin and am I among them?

DR. SANJAY GUPTA, CNN CORRESPONDENT: Miles, did you take two aspirin and call me in the morning or just one?

M. O'BRIEN: That's right.

GUPTA: It is a pain killer. A lot of people have known about aspirin's pain killing qualities for some time but you're absolutely right, over the years we started to gather more information about this medication and talk about breast cancer, and talk about Alzheimer's, colon cancer and heart disease. In fact, a lot of people do take it to try to take and ward off cardiovascular diseases, as well. A couple of interesting things about that, in men it seems to be best in terms of warding off heart attacks whereas, women, it seems better in warding off strokes.

That was sort of interesting, actually prompting some new guidelines most recently with women and aspirin saying, yes, you know what, stratify that even more saying women 65 and older seem to get benefit from both in terms of heart attacks and strokes. Anyone 65 and older, even a healthy woman, should be taking an aspirin a day to try to prevent that. Women under 65, if you do have some risk factors, be taking it to prevent stroke. So, again, those qualities have been out there for some time and a lot of doctors prescribe aspirin to try and ward off those diseases, Miles.

M. O'BRIEN: What about colon cancer? We saw that study yesterday, which was interesting. They said the downside of aspirin may actually outweigh the potential benefits.

GUPTA: Yeah, this has been a really interesting study, just to give you a quick history here. Years ago it was found that aspirin seemed to prevent colon cancer in animals. People said, that's interesting, something unexpected. Let's trial it in humans and they started to do that and found that, in fact, in certain populations, colon cancer risks did seem to decrease in humans, as well just by taking an aspirin a day. What they're now finding is that people who don't have any family history or any reason to believe that they would necessarily develop colon cancer, the risks of taking an aspirin a day do seem to outweigh the benefits. If you're watching this and you're saying well, there is no colon cancer history in my family and I never had a problem with this, probably don't take aspirin just to try and prevent that cancer from happening Miles.

M. O'BRIEN: OK. So you got to know your family history. It's important and probably consult with your doctor on this one, as well. So I'm still unclear then, given all the side effects out there, should I be taking an aspirin or not?

GUPTA: Well, not for colon cancer. I don't know your particular family history, but again for people who just heard the news reports from a few years ago saying that aspirin could prevent colon cancer. If you don't have any reason to believe you're going to develop colon cancer, stop the aspirin. Talk to your doctor about the heart disease and stroke depending on...

M. O'BRIEN: There is a lot of that in my family, so I guess I should stick with it. What kind of side effects will we be worried about?

GUPTA: That's the interesting thing. A lot of people say, well, it's just an aspirin. There are potential side effects from aspirin. In fact, there's about 16,000 people who die related to aspirin complications every year, sort of surprising. Typically it's because of bleeding. Typically it's because of peptic ulcer disease or other gastro-intestinal complications. There are people -- the reverse of your question, there are people who should not take it. If you have a history of bleeding, you should not mix it with alcohol or medications and certainly if you have an aspirin allergy. And it's also worth pointing out there's a certain percentage of people who get no benefit from aspirin. It just doesn't work for them. You talk to your doctor about how to test for that as well, Miles.

M. O'BRIEN: Sanjay Gupta, thanks for clearing that up for us.

GUPTA: Tried to, thanks.

M. O'BRIEN: Soledad.

S. O'BRIEN: Ahead this morning, the northeast is waking up to another bitterly cold morning. Chad Myers is going to tell us about the lows today.

Plus, a Boeing 737 crashes and burns in Indonesia. We're live from the scene and hearing from some of the survivors, too.

And Lewis "Scooter" Libby is now a convicted felon, but is a presidential pardon on the way? You're watching AMERICAN MORNING. The most news in the morning is right here on CNN.

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S. O'BRIEN: Welcome back, everybody. Breaking news, wake up and check your mega millions ticket number, but only if you bought it in Georgia or in New Jersey. There are apparently at least two winners. Mardele Cohen is with the Ohio lottery and she joins us by phone. Mardele, good morning to you. Thanks for talking with us. Did I get that right, Jersey and Georgia. It looks like those are the places where the tickets were bought, right?

MARDELE COHEN, OHIO LOTTERY SPOKESWOMAN: That's correct.

S. O'BRIEN: That's good news for at least two people. I know everybody reports through the Ohio lottery and you're the spokesperson for the Ohio lottery. Have all the states reported now? Is this it, two winners?

COHEN: Actually Soledad, no, we're still waiting for the state of California to report in. They seem to have some difficulties in closing down last night after the drawing. So we can confirm there is a winning ticket in the state of Georgia and there was a winning ticket sold in New Jersey. We're just waiting to hear if California had any winners. So, as it stands now, you have two tickets that will be sharing advertised jackpot of at least $370 million and I say at least $370 million, because sales were so brisk yesterday that it's possible that that jackpot was even higher than $370 million.

S. O'BRIEN: Let's just round up to $400 million, more or less. Why not? I got to tell you, since I didn't buy my ticket in New Jersey, I guess I'm out of luck. But this of course is just where you bought it, it doesn't mean necessarily the winners are in Jersey or in Georgia.

COHEN: That's correct. It's very possible that somebody could be driving through and live in another state. However whatever state you buy your ticket in, that is where you need to claim. So if in fact somebody was visiting one of the other states, they will be claiming in the states they bought their ticket.

S. O'BRIEN: But this time they won't drive there. This time they'll have their driver take them there if you know what I mean. Listen, final question for you, how does it work? Let's say you're the big winner. You look at your ticket, those winning numbers and you bought it in Jersey and now you're the winner. What do you do? They call in and say, I want my money. How does it work?

COHEN: Well, how it works is, hopefully the person would go look in the mirror and see that great big smile on their face. Then what would be a great thing for them to do, the winner or winners is just take a moment and think about what's just happened to them. I think the best thing a winner can do is start talking with some tax experts and some estate planners, get a handle on what they want to do with their money, make contact. Usually in Ohio, a winner is either going to contact the legal department or they're going to contact communications, either or. And I'm sure it works that way in the other states and you would call and say, I have the winning ticket, what's next?

S. O'BRIEN: I like you advise, call your lawyer and call your accountant before you even get on the phone with folks at mega millions. All right, well, I hope I don't sound bitter today, Mardele, it's always a pleasure talking to you and it's good to know that final tip in case I ever win.

COHEN: And Soledad, if you do win, you'll do a press conference for us, won't you?

S. O'BRIEN: Girl, you know I will. I'd be so happy, I won't stop talking, holding that check like this.

M. O'BRIEN: She's been practicing with the big check all morning.

S. O'BRIEN: I have been practicing all my life.

M. O'BRIEN: A big cardboard check, just in case.

S. O'BRIEN: All right, Mardele Cohen with the Ohio lottery joining us by phone this morning.

M. O'BRIEN: And so it goes. Soledad. There's always the next drawing.

It is the end of an era in California's wine country. Earnest Gallo, who with his late brother, Julie, founded the Gallo winery, great American success story, really changed the way we drink wine in this country. A couple minutes before the hour, Ali Velshi telling about his passing this morning. Ali, good morning.

ALI VELSHI, CNN CORRESPONDENT: Good morning. Yesterday I said if I won the power ball, I wouldn't come back to work. I was just kidding. I am enjoying being back. Ernest Gallo passed away at the age of 97. You can't win if you don't play, they say in the lottery and it could have been said by Ernest Gallo. These two brothers, Ernest and Julio, founded the winery in 1933, just as prohibition was coming to an end. Gallo now sells one out of every four bottles of wine consumed in America. Can you believe this? They own the world's largest vineyard in Livingston, California. Julio as you mentioned Miles died in 1993.

Now, Ernest was the front end of the business. He was the marketing and distribution. Julio was the back end. He was the wine maker even though back in 1933, other than the fact they had winemaking in the blood from Italy, these two kids didn't know anything about winemaking, turned it into a company that as of 2006 was selling an estimated 70 million cases of wine a year. That's almost a quarter million cases a day or about 2.5 million bottles a day. Last year Ernest Gallo was number 283 on Forbes' list of 400 richest Americans. He didn't need to play power ball, his estimated net worth was $1.2 billion. Ernest Gallo has died at the age of 97. Folks?

M. O'BRIEN: Ali Velshi, thank you very much.

Coming up on the top of the hour now, Chad Myers at the CNN weather center. What is the big weather story Chad?

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