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NASA's Love Triangle; Ohio Under Water

Aired August 24, 2007 - 09:00   ET

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

TONY HARRIS, CNN ANCHOR: You are in the CNN NEWSROOM.
Good morning, everyone. I'm Tony Harris.

HEIDI COLLINS, CNN ANCHOR: Hi there, everybody. I'm Heidi Collins.

Watch events come into the NEWSROOM live on Friday morning. It is August 24th.

Here's what's on the rundown.

NASA's strange love triangle. The alleged diaper-wearing, pepper-spray-wielding ex-shuttle astronaut in court this hour.

HARRIS: Wow.

Chicago struggling after it is clobbered by summer storms. Flooding still a problem across nine Midwestern states this morning.

COLLINS: And a city may ban exposed boxers, thongs and bra straps. We talk live with the fashion police.

Atlanta cover-up in the NEWSROOM.

Unfolding this morning, an ex-astronaut accused of attacking a romantic rival in court this hour. These are live pictures now inside the courtroom in Orlando.

You see Lisa Nowak. It's a hearing for her, set to begin right about now.

We will continue to watch those live pictures for you.

Meanwhile, her attorney wants evidence against her thrown out.

John Zarrella is bringing us up to speed this morning.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT (voice over): Waving an American flag, her face all smiles.

UNIDENTIFIED MALE: And here they come.

ZARRELLA: Lisa Nowak went from this exclusive club of space travelers to an accused criminal who made headlines and was fodder for late-night talk shows.

JAY LENO, "THE TONIGHT SHOW WITH JAY LENO": Houston, we have a problem. Oh my god!

ZARRELLA: Diapers changed the story from "gee whiz" to front page. Police said Nowak told them she wore diapers when she drove halfway across the country to confront another woman about a man.

Her attorney says the diaper tale is...

DONALD LYKKEBAK, NOWAK'S ATTORNEY: It's a preposterous lie.

ZARRELLA: And Donald Lykkebak blasted the media for focusing so much on it.

LYKKEBAK: It jeopardizes our ability to pick a jury. It jeopardizes our ability to have a fair trial.

ZARRELLA: Nowak was fired as an astronaut after being charged initially charged in February with attempted kidnapping, burglary and battery of that other woman, Air Force captain Colleen Shipman. It turned out, Shipman was involved with astronaut Bill Oefelein at the same time Nowak, who was married, was also romantically involved with him.

When Nowak found out, police say she drove 900 miles from Houston, confronted Shipman at the Orlando airport, and sprayed Shipman with pepper spray. In a tiny holding cell no bigger than the space shuttle's crew cabin, Nowak told police all she wanted was to talk with Shipman.

LISA NOWAK, FMR. ASTRONAUT: She said she wouldn't talk to me and walked away. I just wanted to have something, look, please, just stay here and just talk to me for a few minutes about this. But I didn't get to do that.

ZARRELLA: The video shows Nowak at times pacing, lying on the floor, and hiding her face in the corner. Her attorney says she was clearly distraught, deprived of food, water and a lawyer.

He wants her statements thrown out, along with the evidence collected -- steel mallet, buck knife, a loaded BB gun.

E-mails Nowak discovered between Shipman and Oefelein while he was piloting the shuttle Discovery may have put her over the edge. Shipman wrote, "Will have to control myself when I see you. First urge will be to rip your clothes off and throw you on the ground and love the hell out of you."

Lust in space may have caused revenge on Earth.

(END VIDEOTAPE)

COLLINS: John Zarrella joining us now to give us a little bit more information. The pretrial hearing is going on right now. We saw some live pictures from inside. But from your piece, John, I was really interested in the portion about the diapers, because, of course, these were not, you know, normal diapers, if, in fact, they really were ever worn.

These are ones that they use in space. I mean, this is something that she had, you know, in her possession.

Talking about him -- or her not being able to get a fair trial because of the way that came out in the media.

ZARRELLA: Right. And, you know, her attorneys maintained right along that there were diapers in the backseat, that she said they were her children's diapers and they had been in there a while, but the police maintained that, of course, that she told them that she wore them so she would haven't to stop so often.

COLLINS: Right.

ZARRELLA: Now...

COLLINS: Hey, John, pardon me for interrupting you. So sorry. But we do see Lisa Nowak taking the stand. I want to go ahead and go to her if we could now live just for a moment.

LYKKEBAK: Where do you currently reside? What city and state?

NOWAK: Houston, Texas.

LYKKEBAK: I'd like to invite your attention to February 6, 2007. That's a day you were released from Orange County jail.

NOWAK: Yes.

LYKKEBAK: And at that time, you had the GPS monitor applied to your ankle as a condition of your pretrial release.

NOWAK: That's correct.

LYKKEBAK: Have you had it continuously on your ankle since February 6, 2007?

NOWAK: Yes, it has been on since that time.

LYKKEBAK: OK.

Can you tell Judge Lubet (ph) what difficulties or problems arise from the use of this particular monitoring device? What issues have arisen?

NOWAK: One of the primary concerns is a safety issue when driving, driving especially on the highway. One time the device went off. When it goes off, initially there's a buzzing, a vibration to give you an initial warning, but within about a minute a loud siren goes off and an actual telephone device in the unit, a person from the monitoring station, calls and asks what the problem is and why the battery isn't there, because they're not getting the signal.

If you're on the highway or driving in any case, you have to pull over to attend to changing the battery and talking to the telephone that's on your ankle. You actually have to bring the ankle closer to your mouth to talk to it.

Obviously, you can't do this while you're driving. On the occasion that it happened on the highway, there was no safe shoulder area to pull over. So I had to pull over in an area -- it was the best I could do.

LYKKEBAK: So you have this box attached to your ankle?

NOWAK: Yes.

LYKKEBAK: All right. Can you show the judge right now what it looks like? He can just look over the railing there. And you can pull your pant leg back.

LYKKEBAK: Thank you.

LYKKEBAK: Now, if I understand, when the battery in the monitoring device starts to get low, what does it first do?

NOWAK: The first indication is a buzz and a vibration. Someone within several feet of you can probably hear that, and I can certainly feel that.

LYKKEBAK: All right. The buzz is to tell you to change the battery?

NOWAK: Yes.

LYKKEBAK: All right. So is that always possible to be done quickly as is required?

NOWAK: If you do that within about a minute and change the battery, then there's a beep that tells you you did it correctly and a green light flashes. If you don't get to it in time or if the battery doesn't seat properly, or if that battery put in is not a sufficient charge, then a loud siren will go off, followed shortly by the phone call.

LYKKEBAK: All right. So if you're out in public or if you're in a car, you're driving, whatever, you now get the siren and then you get the phone call.

Now, how does the phone call come in?

It is not on your cell phone, right?

NOWAK: No. It's actually through the device, the GPS device that's on my ankle. And to respond to it, I have to bring it up closer to where my mouth is so they can hear me talking.

LYKKEBAK: So you have to pull your foot near your face and then talk into the box?

NOWAK: Yes. That's correct.

LYKKEBAK: Let me hand you what's been previously marked as Composite A for identification.

Take a look at those photos, please. Do you recognize those photos?

NOWAK: Yes, I do.

LYKKEBAK: Were you present when those photos were taken?

NOWAK: Yes. I'm the one in the photos.

LYKKEBAK: And they were taken July of this year?

NOWAK: That's correct.

LYKKEBAK: Do they reflect the GPS device on your ankle as it appears in your uniform and in casual clothes?

NOWAK: Yes.

LYKKEBAK: Composite A is offered, Your Honor.

UNIDENTIFIED MALE: State?

UNIDENTIFIED FEMALE: No objection.

UNIDENTIFIED MALE: All right. They'll be received. What's the number on that?

(CROSSTALK)

LYKKEBAK: One, I guess.

All right. Looking now at Exhibit One, Ms. Nowak, you're on active duty in the United States Navy, correct?

NOWAK: Yes.

LYKKEBAK: And you are required to wear a uniform?

NOWAK: Yes. These boots are part of the uniform.

LYKKEBAK: All right. What difficulties, if any, do you encounter using this device and wearing that uniform?

NOWAK: As you can see from the picture, the boot will not lace up all the way, because when you bring the device to the highest possible point, given the diameter of the band, it will not come up high enough for the boot to be properly laced underneath it. So the boot sticks out, and then as the second picture shows, the pant leg cannot properly be brought all the way down over it and zipped. So it shows it protrudes somewhat. And in addition, based on what we talked about earlier, in the middle of a workday or a meeting, if it goes off, I have to quickly remove myself from that situation to change the battery.

LYKKEBAK: What discomfort is accompanied by the use of the product?

NOWAK: On the days where I have to wear the boots and bring it up to the high point, it's held very tightly against my leg, so on those days it causes abrasions. Also, if it's worn without a bandage or something to keep it in place, it causes abrasions around the ankle area. And sometimes during sleep when resting on it in one place the same thing happens.

LYKKEBAK: What are the limitations of the use of this product?

NOWAK: One limitation is that it cannot be immersed in water. So while you can shower, you cannot take a bath or go to a swimming pool, for instance, to accompany children or anything like that. You cannot immerse it in water at all.

LYKKEBAK: As a part of the U.S. military, does this interfere with your exercise regimen?

NOWAK: I primarily formally used to run as a form of exercise. I cannot do that with this device, because the way it would move up and down, even with a bandage -- I tried it -- again, it causes abrasions because it won't stay still. It's too heavy. So I cannot do that form of exercise.

Obviously, also, I cannot swim, so it limits the forms of exercise I can do.

LYKKEBAK: In the first of May of this year, did it come to your attention through the media that your wearing the device had been publicized by its manufacturer?

NOWAK: Yes. A reporter actually called my house to ask me questions. And later, I found out later that day they actually published a story using me as their advertising.

LYKKEBAK: The Associated Press...

NOWAK: Yes.

LYKKEBAK: Report written by Paul Foy (ph)?

NOWAK: That's correct.

LYKKEBAK: About the TrackerPAL manufacturer?

NOWAK: Yes. He wanted to...

LYKKEBAK: Your honor, that is attached to the motion copy of that Associated Press story.

UNIDENTIFIED MALE: I have seen it.

LYKKEBAK: What -- what does -- what are you charged? What fee are you charged for the use of the product?

NOWAK: One hundred and five dollars per week.

LYKKEBAK: So you have spent now over $3,000?

NOWAK: That's correct.

LYKKEBAK: For the six months.

Now, Ms. Nowak, the purpose of this GPS is to make sure you don't go to Brevard County, Florida. Have you gone to Brevard county, Florida, since February 6th?

NOWAK: No. No, I have not.

LYKKEBAK: Can you pledge to the court that while these proceedings are remaining and while any orders are in effect that you will not travel to Brevard County, Florida, without first getting permission?

NOWAK: Yes, I can absolutely say that I will not go to Brevard County.

LYKKEBAK: Can you pledge to the court that you will continue to abide by any condition of pretrial release which requires you to have no contact with Colleen Shipman?

NOWAK: I will abide by all the court orders that went along with wearing the unit and any additional ones that they wish to put on.

LYKKEBAK: Just a second, Your Honor.

COLLINS: All right.

We have been listening in to the beginning of the pretrial hearing that's taking place today for Lisa Nowak, a former astronaut. This is the 9th Judicial Circuit Court of Florida.

Three major things they're trying to do here today. We have been hearing them talk so much about that ankle bracelet monitor. Her attorneys are trying to get that removed.

They're also trying to get some statements that she said to police in this incident, where she allegedly attacked another woman in this love triangle that we've been telling you about back on February 5th thrown out. Didn't think that those statements were fair, and also trying to get some evidence that was collected from her car suppressed.

So, three major things going on here today. We will continue to monitor that live proceeding that's taking place right now -- pretrial. HARRIS: So, Michelle Suskauer is a defense attorney based in West Palm Beach, Florida. And she joins us now to talk about the Nowak case.

Good to talk to you. Good to see you, Michelle.

MICHELLE SUSKAUER, DEFENSE ATTORNEY: Thank you. Good morning.

HARRIS: I have to ask you, is Lisa Nowak in any way, shape or form a flight risk, in your opinion?

SUSKAUER: No, I really don't think she is a flight risk.

HARRIS: Is she likely to go and head over to Brevard County, where Colleen Shipman lives?

SUSKAUER: No, no. You know, she may have been crazy on that day, but I don't think she's stupid. So I don't think that she will. And it's really going to be a question of not the cost of this -- this unit or that it's uncomfortable, but whether or not she's a flight risk.

HARRIS: Yes. Michelle that was a little inflammatory. You can't say she was crazy like that. You can't say that on this program or in court. But...

SUSKAUER: Well, she certainly was crazy in love. That's certainly the case.

HARRIS: Yes. All right.

But so you think that the judge will ultimately decide in her favor here on this ankle bracelet? She says it's a pain and just an irritant or a lot of cost -- the money that she really doesn't have, it's an inconvenience to the job.

What do you think?

SUSKAUER: I think he's probably going to -- even though the charges are considered very serious and she is facing life, I think the judge is sort of going to split the baby here. He's going to deny the other motions, but he's going to grant this motion.

HARRIS: So, Michelle...

SUSKAUER: And let it come off.

HARRIS: You think so?

So, explain this to me. You talked about the charges just a moment ago, attempted kidnapping with intent to inflict bodily harm, battery, and burglary of a vehicle, using a weapon. If convicted, she could be sentenced to life in prison?

Can you explain that for me, please? SUSKAUER: Well, she is charged -- the charge, really, that burglary with an assault and battery. And when, you know, she is charged with a burglary, you think, well, she didn't break into someone's home.

HARRIS: Yes.

SUSKAUER: But it's really the -- you know, the entering of, like, a conveyance, the vehicle, with her arm that had the pepper spray, and she used a weapon. So that's really...

(CROSSTALK)

HARRIS: So why is she not charged -- she was initially. Why is she not charged with attempted first-degree murder here?

SUSKAUER: Well, she was -- I think she was initially arrested...

HARRIS: She was, yes.

SUSKAUER: ... for a lot more serious charges because the state overcharged her.

HARRIS: No!

SUSKAUER: She really...

HARRIS: Prosecutors don't do that.

SUSKAUER: I know, that never happens. But what happened here was this -- she sprayed someone with pepper spray.

She didn't -- look, what they're going to argue on her behalf is this is completely blown out of proportion. Yes, she did sprayed her with pepper spray. She really should just be convicted with assault here, maybe with aggravated assault or just a misdemeanor battery, that they're overcharging her. She didn't -- she wasn't going to use the mallet and all of these other things.

HARRIS: Right.

So, Nowak wants her statement to police and all the evidence collected from her and from her car thrown out. Is that going to happen?

SUSKAUER: No. I don't think it's going to happen.

First of all, we've got two different motions. The first motion is her statements. And what they're going to argue is she was asking for an attorney. But really, the law in Florida is pretty clear.

She didn't directly ask for an attorney. She was equivocal. She said, "Should I have an attorney?" And in Florida, that is not enough.

HARRIS: Yes. SUSKAUER: It's not going to be thrown out.

And the second case is really a question about whether she gave permission to search her vehicle. And it's going to be a swearing match between her and law enforcement. And they're going to believe law enforcement and say that she did give permission.

HARRIS: So, Michelle, bottom-line this for me. What are the chances of Nowak entering some kind of a plea deal to get this to go away as quickly as possible?

SUSKAUER: You know, I'm sure they're trying to get some sort of a plea deal, but it's such a high profile case. She also has a lot to lose.

Not only does she lose her job as an astronaut, but, of course, being dishonorably discharged, facing some prison time. I mean, I don't know. I don't know which direction this is going to go. I am sure they're desperately trying to get a plea deal here.

HARRIS: Michelle Suskauer with us, a defense attorney in Florida.

Appreciate it. Thank you.

SUSKAUER: Thank you.

HARRIS: We will continue to monitor the situation, the hearing right now. And you can also go to CNN.com and check out the hearing as it proceeds live right here, right now.

But there she is, Lisa Nowak, in court in Florida. A pretrial motion's hearing.

We're following it for you in the NEWSROOM.

DAVID MATTINGLY, CNN CORRESPONDENT: I'm David Mattingly in Ottawa, Ohio. If you want to get around in this town today, you better bring a boat.

I'll have that story.

COLLINS: U.S. troop levels in Iraq -- a high-ranking Republican pushes for a slow pullout and top generals prepare to weigh in.

HARRIS: Nobody wants to see your underwear. OK? That from an Atlanta city councilman. He is trying to make it illegal. We'll talk with him one on one.

(COMMERCIAL BREAK)

COLLINS: Heat and parked cars, a deadly combination for two young children in two different states.

A 7-month-old baby found dead in a parked car in St. Louis. It happened near Washington University Medical School. The baby girl's father is a research analyst at the medical school. Her mother, a physician. Authorities say the mother apparently left the baby in the backseat of the father's car while the father thought the mother had taken the child.

And in Ohio, a 2-year-old girl was found dead in her mother's SUV outside Cincinnati. The car was in the parking lot of the middle school where the mother is assistant principal. One expert says more than 20 children have died this year after being left in sweltering vehicles.

HARRIS: Severe storms with high winds in the Windy City. Lots of lightning and rain. Chicago recovering this morning. Look at these shots.

A transportation nightmare is what we're talking about here. More than 500 flights were canceled out of the city's two airports yesterday.

Right now, airlines are trying to get back on track, but it will be tough. Another round of storms later today could cause more problems.

Driving was no picnic, either. Roads littered with downed trees and power lines. Hundreds of thousands of people are still without power this morning, and officials say it may take days to repair all of the lines.

Now take a look at some of the pictures from I-Reporter Albert Cansino. He is a police officer in Aurora, Illinois, and was called to this scene during the storms. Luckily, man, no one was in that car when the tree demolished it.

In Ohio, hundreds of people still homeless after flooding there.

CNN's David Mattingly standing by in Ottawa, Ohio.

David, good morning to you.

Get us oriented here. Where is Ottawa, Ohio?

MATTINGLY: Well, the best way to put it on the map is to say it's directly downstream from Findlay, Ohio, that place we have been watching where the devastating floods have been the last couple of days. Well, guess what? All that flooding draining out of Findlay, coming right here.

And when it comes in, there's nothing you can do except sit, watch and wait, which is what the people here are doing, waiting to get back on with their lives.

(BEGIN VIDEOTAPE)

MATTINGLY (voice over): Like most of their neighbors in Findlay, Ohio, Tate Met (ph) and his family are drying out.

(on camera): Once the basement was filling up, the street was flooding, what was going through your mind?

UNIDENTIFIED FEMALE: Panic. Just wanted to get out.

MATTINGLY (voice over): The speed of the flood from the raging Blanchard River caught them by surprise. The streets were impassable, and with baby twins and a 3-year-old in tow, they had to call for help.

UNIDENTIFIED MALE: So they sent a rescue boat for us. And there were about three or four firemen that helped load the boat up. And then we got out of here. We're just waiting for the water to rise so we can come down and clean it up.

MATTINGLY: They came back to find their basement and everything in it awash in floodwater and sewage. Many of their belongings won't be salvaged.

UNIDENTIFIED MALE: Probably 50 percent of the stuff will be -- will be trashed.

MATTINGLY: It is now a familiar story of loss and nature, with floods menacing thousands across the upper Midwest, all the result of torrential summer rains. And as one town dries out, another is drenched.

Down river from Findlay, the city streets of Ottawa, Ohio, have disappeared. And the water didn't stop rising until it was just short of a 94-year-old record.

With flooding five feet or deeper in some parts of town, front- end loaders have become the newest form of mass transit. We hitched a ride for a look at a town that is paralyzed and soaked to the bone.

Homes have become islands. Intersections look like rushing rivers.

(on camera): You can get a really good idea how fast the water is moving right here. These are the railroad tracks that run right through the middle of town. Of course you can't see them under the water, but they're causing just enough of a bump to make the water churn.

UNIDENTIFIED MALE: All right. We're good.

MATTINGLY (voice over): Fire and police travel by boat, responding to emergency calls from people who can't leave their homes.

Some people, you know, we talked to, told them what was going on. And they tried to come on out. Some people said, no, they still wanted to stay with their house.

MATTINGLY (on camera): And now they're getting tired of staying in the houses?

UNIDENTIFIED MALE: Yes. Some of them are.

MATTINGLY: And now you have to come get them?

UNIDENTIFIED MALE: Right.

MATTINGLY (voice over): This house even caught on fire.

Responding was difficult. When water got too deep for the engines, front-end loaders had to carry the firemen to the scene.

A note of urgency in a town waiting for its turn to watch the waters recede.

(END VIDEOTAPE)

MATTINGLY: And the water is going down. Yesterday, or late last night, this intersection probably would have been close to up to my knees. So you can see how much the water is dropping right now.

Everyone hopes that is continuing today, but rain is in the forecast. They're looking at thundershowers with a half inch to an inch of rain possibly in this area, and that's going to wipe out progress that they've made so far -- Tony.

HARRIS: Hey, David, people there still have their power, electricity on?

MATTINGLY: That's one of the unusual things about this flood. A lot of the areas still have their power. They still have their plumbing.

HARRIS: OK.

MATTINGLY: That has been a very survivable, very comfortable flood. In fact, a lot of those 911 calls who were people calling in who said, hey, can you come get me out of my house?

HARRIS: Yes?

MATTINGLY: They pretty much slowed down and stopped. That was all going on yesterday. Today, everybody that wants to get out is pretty much out, and they're just waiting for this water to go away.

HARRIS: Yes.

David Mattingly for us in Ottawa, Ohio.

David, appreciate it. Thank you.

(WEATHER REPORT)

(WEATHER REPORT)

COLLINS: And just remember, when weather does become the news, count on CNN to bring it to you first. If you see severe weather happening in your area, send us an I-Report. Just go to CNN.com and click on I-Report or type ireport@CNN.com into your cell phone. Share those photos or videos that way. HARRIS: A former astronaut in court right now. Lisa Nowak fighting charges she attacked her romantic rival. We follow the case for you live in the CNN NEWSROOM.

COLLINS: They were a band of brothers, now broken up by war.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It's happened once. That's hard. That doesn't help you for it happening again.

(END VIDEO CLIP)

COLLINS: A family mourns for a second time.

(COMMERCIAL BREAK

HARRIS: Good Friday to you -- get away day. Welcome back, everyone, to the CNN NEWSROOM.

I'm Tony Harris.

COLLINS: And I'm Heidi Collins.

Good morning to everybody.

New information now this morning. A suspected friendly fire incident in Afghanistan. Three British soldiers with NATO killed in an air strike by U.S. war planes. It happened in the southern part of the community, in Helmand Province.

The British Ministry of Defense says a NATO patrol attacked by Taliban insurgents. Close air support called in and two U.S. F-15s responded. The Ministry says one of the planes dropped a bomb, killing the British soldiers and injuring two others.

HARRIS: Battle in Baghdad -- U.S. troops in a lengthy firefight. Conflicting reports on the outcome. U.S. ground troops and helicopters going after suspects in a Baghdad neighborhood. The Iraqi government said the fighting left at least 10 civilians dead and 15 wounded. Women and children among the casualties, but the U.S. military does not report any civilian deaths.

It says an American patrol was engaged by small arms fire, resulting in eight enemy deaths.

A problem for the White House this morning -- how to respond to a powerful Republican voice. Senator John Warner leading a new call to bring troops home from Iraq. He is recommending the president announce the start of a withdrawal next month.

(BEGIN VIDEO CLIP)

SEN. JOHN WARNER (R-VA), ARMED SERVICES COMMITTEE: Certainly, in the 160,000 plus, say 5,000 could begin to redeploy and be home to their families and loved ones no later than Christmas of this year. We simply cannot, as a nation, stand and put our troops at continuous risk of loss of life and limb without beginning to take some decisive action which will get everybody's attention.

(END VIDEO CLIP)

HARRIS: President Bush has repeatedly rejected calls to set a date to withdraw troops from Iraq. The White House insists no decisions will be made until next month's Iraq progress report is in.

COLLINS: The departing chairman of the Joint Chiefs of Staff reportedly wants to reduce the U.S. force in Iraq. The "L.A. Times" reporting General Peter Pace's expected advice to President Bush -- cut the number of troops in Iraq by almost half next year.

The concern?

Keeping more than 100,000 troops there will strain the military. If that happens, that recommendation may contradict the U.S. commander in Iraq. Congress hears from General David Petraeus next month. He is expected to back the White House troop build-up plan. That calls for high U.S. troop levels until Iraq's government and forces can take control.

HARRIS: A former astronaut in court right now. Lisa Nowak fighting charges she attacked her romantic rival. We will follow the case for you right here in THE NEWSROOM.

COLLINS: Nobody wants to see your underwear -- that from an Atlanta city councilman. He's trying to make it illegal. We'll talk with him one-on-one.

(COMMERCIAL BREAK)

COLLINS: Truly making their mark this week, the deadly forces of Mother Nature. Floods in the Midwest, swamp homes and kill at least 26 people. A heat wave in several states. At least 50 people dead from sweltering temperatures. A hurricane roars ashore in Mexico as a category five. And the weather troubles just keep coming.

The latest -- a wave of thunderstorms in Chicago and Atlanta. Trees toppled over. Power knocked out. Mother Nature making across the country.

HARRIS: Well, the latest chapter in NASA's bizarre love triangle playing out right now in an Orlando courtroom. A pretrial hearing underway for ex-astronaut Lisa Nowak.

She is accused of attacking a romantic rival after driving cross- country from Houston to Orlando. Police say she was wearing an adult diapers.

A live look in the courtroom right now. Her attorney denies that whole adult diapers claim. He wants evidence against her and statements she made to police thrown out. He also wants her ankle bracelet monitor removed.

Nowak faces attempting kidnapping, battery and burglary charges. She has pleaded not guilty to the charges.

COLLINS: Don't show your skivvies, not in Atlanta. The city council considering an ordinance that would ban the public display of boxers, thongs, sports bras and other undergarments. It is aimed mostly at young men who wear baggy pants.

The man behind the ordinance is Atlanta City Councilman C.T. Martin.

Thank you for being here, Councilman.

C.T. MARTIN, ATLANTA CITY COUNCIL: Thank you for having me.

COLLINS: I just want to start at the beginning here, if we could.

What is it that made you come up with this type of legislation?

MARTIN: A lot of people in the district that I represent -- and as I moved around, it's a topic of discussion and people are discussing it below the belt rather than, you know, having a medium. Well, it's a public issue. And so that's what we do in the legislative process. We take ordinances, we receive input, ask people what they think, frame it and shape it at that point.

COLLINS: Do you think it's going to become law?

MARTIN: I really don't know. With what is most important is that we are getting some dialogue about it out in the open. People are sharing their feelings, pro and con. And I'm open to hear it all. And we will, you know, perhaps, shape something or we'll put it away. But at least we're going to have conversations at the school level and in the community.

COLLINS: So this is something that has come to you from people in your district and they're very concerned about exactly what?

What is it that they are telling you offends them?

MARTIN: The message and the indecency of the look and how this will impact the middle school young people, having an influence on the elementary school and then it, you know, starts just a snowball rolling in what we consider the wrong direction.

COLLINS: What is the message?

MARTIN: The message, I don't think they even know themselves, because as we understand it from the research, the message came out of the prison system. And, therefore, you know, we don't think that this is a message that should keep going out there.

Now the people are saying, well, it's a code issue of dress.

COLLINS: Are we talking about gang activity here or what exactly?

MARTIN: I don't -- we haven't heard too much evidence that there's identification of this dress with gangs, but more of a fad, more of, well, everybody else is doing it so I am doing it. And what I want to do is not make it, you know, and put it in the perspective that we are attacking anyone. I don't want anyone to go to jail. It may end up being some fines, but, again, the way you start the legislative process is you introduce an ordinance. Then you start hearings and you begin to hear what the public has to say about it.

COLLINS: So you're saying that this dress sort of emulates what is being worn in prison?

MARTIN: Yes.

COLLINS: And then it makes our way to -- or makes its way to our middle schools?

MARTIN: Right. And into the public.

COLLINS: OK.

There have been people who will tell you that this is a race issue. In fact, I want to go ahead and read something to you that was in the "Atlanta Journal-Constitution". It's from hip-hop artist Young Jock. It says this: "This is targeting a certain group -- young black males. And this will only give them more of a reason to pull them over, more of a reason to detain them."

You are an African American male.

How do you respond to that?

Is this a race issue?

MARTIN: My response to it is that everybody have a right to interpret this and that's why you have open hearings. I would like for that person to come forward and let's have a conversation about, you know, clarity, what we really intend, you know, to discuss in this matter.

COLLINS: We're looking at the video now. I mean I have seen all kinds of kids out in the real world...

MARTIN: Right.

COLLINS: ...white, black, yellow, purple...

MARTIN: Right.

COLLINS: ...wearing the baggy jeans. I guess it depends, I don't know, where you are or what you see, obviously, yourself.

But I do want to ask you also about another thing that we found, an HSC blog. We've got a graphic on this to show, as well.

It says from a woman -- or, excuse me -- from a man named Vince: "I'm glad to see the city's tax dollars going toward fighting this hideous display of bad attire as opposed to fixing the infrastructure of the city, addressing the homeless creating new jobs and helping out with traffic issues."

Is this the most important issue for Atlanta right now?

MARTIN: Well, all issues that are affecting the public are important. We are addressing the sore issue, you know, by way of the consent decree that was passed down by the courts. We are addressing public safety issues, not as I would like for them to be addressed, particularly the drug activities that are going on. But you have to be comprehensive when you're in the political process.

And, you know, again, I respect everybody's opinion. I understand where the individual is coming from. I, too, would like for that individual to come forward, come to the hearings and let's have a full discussion rather than just being a response, you know, by way of a sound bite.

COLLINS: You might get a lot of women showing up in their sports bras, too. I don't know.

MARTIN: That's really not my issue. I didn't put that one on the table.

COLLINS: OK.

MARTIN: That really came from someone else -- the thongs and the sports bras. I'm a health nut myself, so...

COLLINS: Got it.

MARTIN: ...I wouldn't have gotten, you know, into that.

I'm very clear that this is about education. This is about getting our young people to make better choices about their life decisions.

COLLINS: All right.

Well, C.T. Martin, we appreciate your time here today.

We'll follow this one.

MARTIN: Thank you.

COLLINS: Thanks so much.

MARTIN: Thank you.

So pardon me. We want to find out what you think about this -- Atlanta's proposal to ban exposed underwear.

What do you think?

Tell us in an e-mail. You can send it to this address -- CNNnewsroom@CNN.com.

HARRIS: And let's take you back to Florida now and the hearing that is underway there for Lisa Nowak.

Colleen Shipman on the stand right now.

Let's listen in.

UNIDENTIFIED MALE: And we heard your lawyer just a moment say that you're given some comfort by the fact that the GPS restriction keeps -- and the monitoring device which Miss. Nowak is wearing -- keeps her from coming to Brevard County, Florida.

COLLEEN SHIPMAN: It gives me a comfort, that's correct. Yes.

UNIDENTIFIED MALE: Now, you have known since February that Miss. Nowak lives in the State of Texas. Correct?

SHIPMAN: Yes.

UNIDENTIFIED MALE: And the city -- Houston, Texas, correct?

SHIPMAN: Yes, although I didn't know if it was in the city or around the area.

UNIDENTIFIED MALE: All right.

Tell the judge, please, if since February 6th you have traveled to Houston, Texas.

SHIPMAN: Yes, I have.

UNIDENTIFIED MALE: How many times have you, since February 6th, gone to Texas?

UNIDENTIFIED FEMALE: Objection. Relevance.

UNIDENTIFIED MALE: Overruled.

SHIPMAN: I've traveled, I believe, three or four times maybe.

UNIDENTIFIED MALE: Four times you left the comfort of that GPS monitor, which you believed kept her away from you in Brevard County, to travel exactly to the state and the city where you knew she lived.

UNIDENTIFIED FEMALE: Objection. Double negative, Your Honor.

UNIDENTIFIED MALE: Is that right?

UNIDENTIFIED MALE: Overruled.

SHIPMAN: I traveled to Texas to visit my boyfriend, where I do feel comfortable and I do feel protected.

UNIDENTIFIED MALE: On those four trips, how long did you stay in Houston, Texas?

SHIPMAN: It varied.

UNIDENTIFIED MALE: And tell us, did you stay as long as a week?

SHIPMAN: I -- actually I don't recall.

(CROSSTALK)

SHIPMAN: I don't recall, Your Honor.

UNIDENTIFIED MALE: OK.

UNIDENTIFIED MALE: Well, did you stay four or five days each trip?

SHIPMAN: I believe it was just a -- a couple of days.

UNIDENTIFIED MALE: No further questions.

UNIDENTIFIED MALE: The state?

UNIDENTIFIED FEMALE: Miss Shipman, did it still make you feel better that you knew that she couldn't come near you or be around you?

SHIPMAN: Absolutely. When I'm home alone and there's nobody there with me, it is a comfort.

UNIDENTIFIED FEMALE: OK.

And when you were in Texas -- Houston, were you alone or were you with your boyfriend?

SHIPMAN: I was always with either my boyfriend or one of his close friends, or several of his close friends.

UNIDENTIFIED FEMALE: OK.

Are you still afraid of Miss. Nowak?

SHIPMAN: Yes.

UNIDENTIFIED FEMALE: Do you want her taken off the ankle monitor?

SHIPMAN: Absolutely not.

UNIDENTIFIED FEMALE: Thank you.

UNIDENTIFIED MALE: Anything further of this witness?

UNIDENTIFIED MALE: No, Your Honor.

UNIDENTIFIED MALE: The state, anything further of this witness?

UNIDENTIFIED FEMALE: No, Your Honor.

UNIDENTIFIED MALE: OK.

You may step ma'am -- step down, ma'am.

HARRIS: OK, let's -- John Zarrella, are you there?

JOHN ZARRELLA, CNN CORRESPONDENT: Yes, I'm here, Tony.

HARRIS: John Zarrella is with us -- John, this is the moment, I suppose. One of perhaps more moments to come. But here you have Lisa Nowak and Colleen Shipman -- the only one missing is Bill Oefelein -- in the court together there. And this is cutting to that issue of whether or not the ankle bracelet should be removed from Lisa Nowak's leg here.

And talk us through some of this testimony here.

ZARRELLA: Right. And you mentioned Bill Oefelein, of course.

He is the male astronaut involved in this alleged love triangle between the three of them that led to Lisa Nowak's cross-country sprint to the Orlando airport.

It's very interesting that we saw Shipman up there testifying, but initially her attorney got up and read a statement from her. And then Donald Lykkebak, the attorney representing Nowak, said, "Wait a minute. She's here. I want her to testify. I have the right to call her to the stand. And the judge agreed.

They took a five minute recess so that Miss. Shipman's attorney could talk to her, to brief her. And then she got up on the stand. And, of course, we heard her testimony saying that, you know, she's concerned, she's fearful for her life.

But yet, at the same time, she made three or four trips to Houston, Texas to visit her boyfriend, though, since February.

So some pretty interesting testimony has come out already this morning. And you're right, Tony, we've only just begun. At least two other issues here to decide later in the day -- Tony.

HARRIS: OK.

John Zarrella following this hearing in Florida for us.

Appreciate it, John.

Thank you.

COLLINS: Washed out and worn out in the Midwest. Floodwaters devastate hundreds of homes and lives. A live report from one of the hardest hit towns in JUST a moment.

HARRIS: U.S. troop levels in Iraq -- a high ranking Republican pushes for a slow pullout and top generals prepare to weigh in.

COLLINS: Horrific attack -- masked men set a 5-year-old Iraqi boy on fire. Now the world responds.

(COMMERCIAL BREAK) COLLINS: Hoping for a miracle in Utah -- families and supporters of those six trapped coal miners plan a benefit tonight. They're trying to raise money to drill a hole large enough for a rescue capsule to be lowered into the mine.

Mine officials have ruled out such an option unless they see signs of life. Instead, they're drilling a sixth and final hole not large enough for a rescue capsule. It's an effort to locate the missing miners.

Meanwhile in Washington, lawmakers are planning to look into the mine collapse.

HARRIS: He was convicted of kidnapping and raping a 9-year-old girl, then burying her alive. Today, John Couey faces sentencing for the murder of Jessica Lunsford. A Miami jury recommended that Couey be put to death. The vote was 10-2. The judge has the final say.

Couey's aunt tells "The St. Petersburg Times" he expects the death penalty.

COLLINS: The Windy City living up to its name big time. Look at that. A brutal storm makes a mess of things in Chicago.

HARRIS: And a former astronaut in court right now. Lisa Nowak fighting charges she attacked her romantic rival. We are following the case right here in THE NEWSROOM.

(BEGIN VIDEO TAPE)

ALI VELSHI, CNN CORRESPONDENT (voice-over): Chocolate -- to Robert Steinberg it's more about the science than the taste.

ROBERT STEINBERG, CHOCOLATE COMPANY OWNER: This is what we make chocolate from.

VELSHI: Steinberg is cofounder of a gourmet chocolate company in Berkeley, California.

STEINBERG: My profession was as a family doctor.

VELSHI: But in 1990, Steinberg was diagnosed with leukemia.

STEINBERG: When I started reading about chocolate in a technical book, that I became fascinated by it.

VELSHI: Steinberg decided to take this fascination and turn it into a business.

(END VIDEO TAPE)

(COMMERCIAL BREAK)

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