Return to Transcripts main page

Anderson Cooper 360 Degrees

Martha Stewart Trial: Key Witness Testimony; Same-Sex Marriage Ruling

Aired February 04, 2004 - 19:00   ET

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

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


(BEGIN VIDEOTAPE)
ANNOUNCER: Poison in the nation's capital. Is the ricin scare connected to a threat against the White House?

John Kerry marches on to the next round. Can any of the Democrats stop the front-runner?

An exclusive interview with the president of Haiti, Jean-Bertrand Aristide.

The hunt for a missing girl. NASA is enhancing the videotape. Can they I.D. the suspect?

The star witness back on the stand. What did Martha say on that phone call?

And what's next for the Super Bowl's infamous duo?

(END VIDEOTAPE)

ANNOUNCER: Live from the CNN Broadcast Center in New York, ANDERSON COOPER 360.

COOPER: Good evening. Welcome to 360.

Tonight, crisis in Haiti, my exclusive interview with Haiti's beleaguered president, Jean-Bertrand Aristide. Should he step down? That ahead.

But first, our top story: Martha Stewart on trial. Potentially damaging testimony today. A key witness says Stewart told him to sell her ImClone stock after she learned the company's co-founder was selling his.

CNN's Allan Chernoff was at the courtroom today.

(BEGIN VIDEOTAPE)

ALLAN CHERNOFF, CNN BUSINESS CORRESPONDENT (voice-over): A direct contradiction of Martha Stewart's explanation for her sale of ImClone stock. Douglas Faneuil, a former assistant to Stewart's stockbroker, told the jury he passed an insider tip to Stewart on orders from his boss, Peter Bacanovic. Bacanovic was on vacation that day in late December, 2001, and had already left a message for Stewart. Faneuil recounted the call from Stewart. "This is Martha. What's going on with Sam?" referring to her friend, Sam Waksal, at the time, chief executive of ImClone Systems. "Peter thought you might like to act on the information that Sam is trying to sell all of his shares."

"All of his shares?" Stewart responded. "What he has here he's trying to sell." "Well, I want to sell all my shares," Stewart said.

When Merrill Lynch began investigating ImClone stock trading, Faneuil testified his boss told him the sale was part of Stewart's tax planning. Several days later, Faneuil said Bacanovic gave him a different story. Stewart had an order to sell the stock if it fell below a certain price, known as a stop loss order.

Faneuil said he got further instructions from Bacanovic after the broker spoke with Stewart. "I've met with her and everybody is telling the same story," Faneuil quoted Bacanovic. "It was a $60 stop loss order. Everybody's on the same page. It's the truth."

The stockbroker's defense attorney, David Alfel (ph), then began his assault on Faneuil. The 28-year-old admitted to using drugs, including marijuana, cocaine and ecstasy. Faneuil also told the jury about his plea bargain for having lied to government investigators.

(END VIDEOTAPE)

CHERNOFF: Damaging Faneuil's credibility in the eyes of the jury is critical to the defense strategy. Attorney David Alfel (ph) says he may keep Faneuil on the stand for another full day of testimony and then Martha Stewart's attorney gets his shot. Their cross- examinations could determine whether Martha Stewart and her stockbroker are convicted of obstructing justice -- Anderson.

COOPER: All right. A lot riding on that testimony. Allan Chernoff, thanks very much. We're going to have more on this coming up in our "Justice Served" segment, in-depth analysis and in-courtroom reaction to today's dramatic developments in the Martha Stewart trial.

In Massachusetts today, a court ruling that means a same-sex marriage apparently will happen in the United States, possibly as early as May. The Massachusetts Supreme Court clarified its November decision, saying, civil unions are not enough in that same-sex couples are entitled to marriage. It is a ground-breaking decision and, of course, controversial.

Maria Hinojosa has details.

(BEGIN VIDEOTAPE)

MARIA HINOJOSA, CNN URBAN AFFAIRS CORRESPONDENT (voice-over): For Hillary and Julie Goodridge, their relationship of 16 years is about to become a historic first.

HILLARY GOODRIDGE, PLAINTIF IN SAME-SEX MARRIAGE CASE: Twenty years ago, if you told me we that we were going to be standing here talking about marriage, I would have told you were crazy.

HINOJOSA: They are one of seven gay couples who won the right in a Massachusetts court to become the nation's first married gay couples, a right made even stronger today when the court nixed a state legislature proposal to grant them civil unions instead. "Because the proposed law by its expressed terms forbids same-sex couples entry into civil marriage," the court said, "it continues to relegate same- sex couples to a different status. The history of our nation has demonstrated that separate is seldom, if ever, equal."

GOODRIDGE: What this decision means for us, again today, is that we'll be able to provide each other. We'll be able to provide our daughter with all of the protections and benefits possible that we can to have a healthy and stable family.

HINOJOSA: The Goodridges will be able to marry in Massachusetts by May, but 37 other states have already passed laws saying they will not recognize gay marriages like theirs. Ohio is about to become the 38th. Its governor today said he will sign the nation's most far reaching law against gay marriage.

UNIDENTIFIED MALE: We won't have to worry about our courts deferring to the novel and unorthodox definitions of marriage that we're seeing in states such as Massachusetts.

(END VIDEOTAPE)

HINOJOSA: Now, interestingly, Anderson, there are states that don't even recognize same-sex marriage that are having trouble with these new developments. For example, today in Iowa, which doesn't recognize same-sex marriages, the highest court there has decided to review a case of a lesbian couple from Iowa that went to Vermont to get a same-sex civil union and has now returned to Iowa and they want to get a divorce.

COOPER: Oh, interesting.

HINOJOSA: And so the Iowa court is going to decide, will they allow them to get a divorce or not.

COOPER: And it's going to get complicated. All right. Maria Hinojosa, thanks very much.

Just ahead, we'll talk with another same-sex couple involved in the Massachusetts case and get their reaction to today's decision.

Today's "Buzz" question is this: Do you support the legalization of same-sex marriages? Vote now, cnn.com/360. We will have results at the end of the program this evening.

A lot ahead right now. On Capitol Hill, the struggle for normalcy. At least one of the three Senate buildings closed due to the ricin scare. It's going to reopen tomorrow, while investigators try to figure out who is responsible for mailing the poison.

The latest from CNN's justice correspondent Kelli Arena. (BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE CORRESPONDENTE (voice-over): For a second straight night, investigators are sweeping congressional office buildings looking for possibly contaminated mail. But officials say there are still no obvious leads.

CHIEF TERRY GAINER, CAPITOL HILL POLICE: No one has taken credit for this or blame. But we are examining, clearly, anything ricin- related, and prudent investigators will do that. So we have neither ruled something in nor ruled it out.

ARENA: FBI agents have not found any letter responsible for bringing the ricin into the Senate office building. And investigators are also looking into whether this ricin is connected to two previous letters containing vials of the poison, like this one shown on the FBI's Web site. So far, investigators say, there is no link.

GAINER: A good investigator will keep their mind open about any possibility. So our mind is open to take a look at these things from all the different angles

ARENA: The two letters were signed by someone calling him or herself "Fallen Angel," claiming to be a fleet owner of a tanker company. In the letter were angry demands for a change in trucking regulations. One was found at a postal facility in Greenville, South Carolina, in October, and another was mailed to the White House in November and intercepted. But the existence of the White House letter was not disclosed publicly until Tuesday.

SCOTT MCCLELLAN, WHITE HOUSE SPOKESMAN: If there is a public health threat, we share that information. The letter was deemed by public health officials not to be a public health threat.

(END VIDEOTAPE)

ARENA: The Secret Service admits that it did not immediately share that information either with the FBI and homeland security for several days while waiting for test results. A spokesman tells CNN the agency now realizes that it is important to have prompt notification -- Anderson.

COOPER: All right. Kelli Arena, thanks for that.

Let's quickly flash back to another incident involvinging ricin. In 1978, ricin was used in the assassination of Bulgarian dissident Georgi Markov. Markov, who defected nine years earlier, was jabbed by the tip of an umbrella containing ricin as he waited for a bus in London -- at that bus stop right there.

He developed a high fever. He died four days later. His assassin has never been caught.

Moving on to the WMD blame game. And that is what it's become. Defense Secretary Donald Rumsfeld is grilled on Capitol Hill. While tomorrow, the head of the CIA will tell his side of the story. CNN national security correspondent David Ensor reports.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): In an unusual hastily arranged speech, George Tenet is going public to defend the CIA against blunt criticisms from David Kay, his former weapons inspector.

DAVID KAY, FMR. CHIEF WEAPONS INSPECTOR: We were all wrong...

ENSOR: That judgment is premature, Tenet will say, according to intelligence officials, and the suggestion that the search for weapons in Iraq is 85 percent done is wrong, too. Tenet will likely say that millions of pages of documents remain to be translated, and thousands of knowledgeable Iraqis remain to be interrogated. At the same time, Tenet will remind Americans intelligence is not a crystal ball. The speech is a second salvo, following Secretary of Defense Donald Rumsfeld on the Hill insisting weapons could still be found.

DONALD RUMSFELD, DEFENSE SECRETARY: Think. It took us 10 months to find Saddam Hussein. The reality is that the hole he was found hiding in was large enough to hold enough biological weapons to kill thousands of human beings.

ENSOR: Stunned by Kay's charges that U.S. intelligence got it wrong on Libya and Iran, too, aides suggest Tenet will say, in fact, the CIA knew plenty about both nuclear programs. And there may be a surprise revelation or two, according to Rumsfeld, designed to answer all the talk of intelligence failures.

RUMSFELD: The director of Central Intelligence, George Tenet, will be able to make some of those recent examples of successes -- and there have been many -- public, so that the impression that he has and is being created of broad intelligence failures can be dispelled.

(END VIDEOTAPE)

COOPER: So David, you have Rumsfeld, and now you have Tenet coming out tomorrow. Is this a new coordinated strategy for the White House to actually try to go on the offensive over the WMD issue?

ENSOR: It does seem to be coordinated, yes, given the fact that you have Rumsfeld quoting what Tenet will say tomorrow and so forth. Clearly, it has been a bad couple of weeks, partly because of David Kay, partly because of the attention on the Democrats whose have been quite vocal. And the administration, and especially the intelligence community, wants to swing back a couple times and defend themselves. So that's what it's about today and tomorrow.

COOPER: All right. We'll listen to the testimony tomorrow. David Ensor, thanks for that.

Right now we are following these developing stories "Cross Country." Let's take a look. Washington: 9/11 report delayed. The White House is now supporting a request by the commission investigating the September 11 attacks for an extra 60 days to finish its work. Now, that's a turnaround, because for months the Bush administration had been pressing the panel to meet its May 27 deadline.

Graham, North Carolina: school drug bust. Forty-nine people are under arrest right now after a drug sweep through every campus in the Burlington Alamont (ph) school system. Every campus. Among those arrested today was the state's all-time leading scorer in high school basketball.

Fort Worth, Texas: stowaway sentence. Remember this guy? The guy who flew hidden in a cargo crate from New York to Dallas -- there he is -- because he was homesick apparently? Well, he's going to be spending four months at home under house arrest. Warehouse shipping clerk Charles McKinley, he shipped himself because he didn't want to pay for a plane ticket.

New York: full-page foul-up. A mortified AT&T Wireless is apologizing to enraged Asian-American civil rights groups, saying it didn't mean to put a racial slur in a national newspaper ad. Instead of using the customary abbreviation JPN for Japan, the cell phone carrier used JAP in today's full-page ad for its reduced international calling rates. The company says it will not happen again.

That's a look at stories "Cross Country" tonight.

An experiment in democracy. Falling apart, riding (ph) political murders and extreme poverty. What is happening in Haiti? Tonight, my exclusive interview with Haiti's president, Jean-Bertrand Aristide..

Plus, John Kerry on top. Who is in position to bring him down? We'll take a closer look.

And kidnapped on tape. The desperate search for a missing girl and her abductor. Police ask you for help. We're monitoring this situation on a minute-by-minute basis. We'll bring you the latest coming up.

First, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.

(COMMERCIAL BREAK)

COOPER: Well, and then there were six on the campaign trail tonight. Joseph Lieberman, of course, is out. John Kerry is gaining momentum. And those left battle on.

Following the campaigns for us, CNN's Frank Buckley.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: John Edwards.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT (voice-over): Senator John Edwards campaigned in Memphis.

WESLEY CLARK (D), PRESIDENTIAL CANDIDATE: How is everybody this morning?

BUCKLEY: So did General Wesley Clark. The candidates were just a few blocks away from each other, as both southerners look to the next southern states on the primary schedule, Tennessee and Virginia, as targets of opportunity. Each hopes a win next week will propel him into the tier of top two remaining candidates against front-runner John Kerry.

EDWARDS: The bottom line is this is a very fluid race. It looks like it's narrowed down to two or maybe three candidates. A month ago, everyone was saying that Governor Dean would be the nominee. And that appears to have changed pretty dramatically. And I think we're going to have a strong horse race.

BUCKLEY: Clark is going after Edwards and Kerry as Washington insiders.

CLARK: John Kerry and John Edwards both voted to give President Bush a blank check.

BUCKLEY: Howard Dean, shut out in Tuesday's seven states, was focusing on Michigan, Wisconsin and Washington State.

HOWARD DEAN (D), PRESIDENTIAL CANDIDATE: We can do this differently in this country. It just requires the courage. It requires the courage of a state in the Northwest who said no to Washington, D.C. before.

BUCKLEY: For Kerry, the big winner on Tuesday with five states going his way, it was a day off the campaign trail, back in his home state, Massachusetts.

(on camera): During the next few days, the candidates will be campaigning in the states where they feel strongest, picking up delegates and positioning themselves for what's expected to be a major showdown two week from now, when Wisconsin holds its primary, when the Democratic field is likely to be narrowed even further.

Frank Buckley, CNN, Norfolk, Virginia.

(END VIDEOTAPE)

COOPER: Well, right now, NASA's cutting-edge technology is being used to help find a missing girl. That's the hope. The space agency is trying to enhance a surveillance tape that captured a young girl being led away at a Florida car wash.

CNN's Susan Candiotti has the latest.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): Newly enhanced computers that helped investigate the Columbia disaster now scrutinizing a suspected kidnapper, analyzing tattoos on both arms, facial feature, the lettering on his shirt, all clues that could lead to 11-year-old Carlie Brucia.

UNIDENTIFIED MALE: It is only as good as the raw data coming into it. So the video is not the quality of a high-speed film camera. But it has quality there. And we'll try to pull whatever we can.

CANDIOTTI: At Carlie's home, colorful hand-painted signs offer encouragement from the sixth grader's classmates. Even though three days have passed since the youngster's her disappearance, no one is giving up hope.

UNIDENTIFIED FEMALE: Everybody has the message now. And what we need to do is look back in our minds and say, have you seen her anywhere? Did you see that face?

CANDIOTTI: Fliers are seen all over the largely retirement community, generating a response.

UNIDENTIFIED MALE: People are calling in. Numerous people are starting to bring names forward to us.

CANDIOTTI: Some are questioning why it took 24 hours to issue a statewide Amber Alert. Police say they were looking for her, but had to be fairly certain the girl wasn't a runaway. On Tuesday, Governor Jeb Bush called the family.

GOV. JEB BUSH (R), FLORIDA: I spoke to the mom of the child just to say that the resources of the department are being brought to bear to find her child.

(END VIDEOTAPE)

CANDIOTTI: We are now waiting for word on any clues that might be coming from those enhanced images from the surveillance camera. There is a news conference scheduled at the bottom of the hour. We will let you know what happens. But for now, Anderson, no sign of Carlie Brucia.

Back to you.

COOPER: That is so sad. All right. Susan Candiotti, thanks very much. And as Susan said, we're going to be monitoring this press conference. Any developments will bringn to you live.

We're tracking a number of developing stories around the globe right now. Let's check the "UpLink."

Erbil, Iraq: aftermath of suicide attacks. You're looking at new footage from a city where two explosions killed 109 people on Sunday. Today, a senior U.S. commander said such attacks are being carried out by groups trying to sabotage or gain leverage in future Iraqi governments.

London, England: Prime Minister Tony Blair gets an earful from a Parliamentary heckler angry about the Iraq war. Mr. Blair announced an independent probe into prewar intelligence after President Bush announced his.

Islamabad, Pakistan: confessions of a nuclear scientist. The man who gave the Islamic world its first nuclear bomb issued a nationally televised apology today. Abdul Qadeer Khan took full responsibility for passing nuclear secrets to other countries, including Libya and North Korea. Khan begged for forgiveness and asked President Musharraf for a pardon.

Hanoi, Vietnam: lingering fallout. Almost 30 years after the world ended, three Vietnamese victims are filing a first of its kind lawsuit against U.S. companies that manufactured toxic agent orange. Many who were exposed blame agent orange for various illnesses and birth defects. But the U.S. government has never acknowledged any long-term repercussions.

Jerusalem: prime minister's problems. Tomorrow, Ariel Sharon will have to answer questions from police investigating whether he took bribes from a close friend during his tenure as foreign minister. The friend has been indicted. Mr. Sharon denies any wrongdoing.

That's a look at tonight's "UpLink" around the globe.

And then there were six. The democratic field narrows, but is there an X factor that could put a stop to Kerry's run? We'll take a closer look at that.

Also tonight, new demonstrations in Haiti. I was just there this morning. Coming up, my exclusive interview with Haiti's president, Jean-Bertrand Aristide. Find out what he says about civil unrest and political murders in his country.

And a little later, "Midweek Crisis." The network is going into a tailspin over Janet Jackson's -- well, her revealing moment. Find out why they're pulling the plug and adding a delay on some upcoming shows.

(COMMERCIAL BREAK)

COOPER: Senator John Kerry now has the clear edge, and one opponent fewer in the race for the Democratic presidential nomination. Is he unstoppable?

Well, let's put the question to Democratic Party strategist Julian Epstein and "TIME" Magaine's Jay Carney, both in Washington.

Appreciate you guys joining us.

Julian, let me start off with you. A crucial contest this Saturday. We've got Michigan, Washington and, of course, Tuesday we've got Virginia, Tennessee. What does John Edwards have to do to catch up to Kerry?

JULIAN EPSTEIN, DEMOCRATIC STRATEGIST: And don't forget about Maine on Saturday as well. It's very difficult for Edwards at this point. Kerry is ahead about 44 points in Michigan. He's very, very strong in Washington as well. He's got the big mo. And part of the reason for that is he's winning across every demographic group and in most regions of the country. Most Democratic voters are hearing the "electability" word, and they believe he is the most electable of all.

So it is very difficult for Edwards, even though he came in second last night, if you tally all the votes. Edwards looks like he's unstoppable. I mean, I beg your pardon. Kerry looks like he's unstoppable now.

COOPER: Yes. That electability word is becoming like the buzz word of the century. I'm getting a little bit sick of it, I've got to admit.

EPSTEIN: It's what Democrats are saying.

COOPER: Yes, I know. Exactly.

Jay, let me bring you in here. I want to show you some of the delegate count, because this graphic is pretty amazing. Kerry, 244; Dean, 121; Edwards 102; and the rest. Now, Howard Dean keeps insisting that this is all about delegates, that that's they key.

How long can he keep that up? I mean, doesn't -- at some point he's got to win something somewhere?

JAY CARNEY, "TIME" MAGAZINE: I think when you're in the position Howard Dean is in, this is what you say, that delegates matter. And the race is closer if you look at the delegate count than it is in reality. The fact is...

COOPER: OK, wait. Jerry, I'm sorry. I have to break into you right now. We're going to a live press conference in Sarasota, Florida.

UNIDENTIFIED MALE: Please consider this as a focus now to find Carlie and bring her home. We will continue in this effort. We will continue to release information that we think will benefit us from that strategic standpoint. But we are not going to release specifics regarding this, because it continues to be an active investigation.

Sergeant Lasitato (ph) will provide this information to you. This is the information that I'm willing to present at this point on behalf of all the investigators. We would like to continue to receive the cooperation from the community. I would point out that he became a suspect in relation to the phone calls that we did receive from the community. And we have strong evidence to suggest that he is, in fact, the perpetrator.

Thank you.

QUESTION: (UNINTELLIGIBLE)?

UNIDENTIFIED MALE: We will not entertain any questions at this time. It is very important that you understand this is an ongoing, dynamic investigation. You must allow our investigators to continue in their efforts.

They will be working through the night. They will be working into the hours tomorrow and the next day. But we will not be entertaining questions. Please give them an opportunity to work.

We will have a formal briefing tomorrow morning at 9:00 right here. And we expect we'll be able to unfold more details. Sergeant Lasitato (ph) has the pamphlets for you. In about 10 minutes they will also be available on our Web site.

Please understand the nature of this investigation, folks. It's not over. It is another phase. We will run it on our timeline. And we will control it as best we can with the dual purpose of making sure the citizens of our community are aware of what's going on.

So, again, the last point I will make, there will be no individual interviews, either tonight or tomorrow morning, until after tomorrow morning's 9:00. And that means no one -- we've talked to the federal agencies, the local agencies. None of us will be doing individuals. So please adjust your schedules appropriately.

That gives us another 12 hours to get deeper and deeper into this very dynamic moment. I know one question you've asked is, is the family aware? Of course they are. Major Gooding himself has been spending time with the family.

Please honor the detective's and the family's request that you not try to contact them. Give us some time to do our work. That concludes our news conference tonight.

Thank you.

QUESTION: (UNINTELLIGIBLE) repeat the man's name and description one more time, because we are live for a national audience. Thank you.

UNIDENTIFIED MALE: The name of our suspect at this time is Joseph P. Smith. White male, born 3/17/66.

QUESTION: Was he taken into custody in Sarasota?

UNIDENTIFIED MALE: We told you that we're not entertaining any questions. Thank you very much for your patience. Please allow our folks to work.

Good night.

COOPER: OK. Well, you have just been watching a press conference live from Sarasota, Florida, where the search has been going on since Sunday for Carlie Brucia. She's 11 years old. She is a sixth grader.

What we have just learned is this breaking news press conference is that they have a suspect in custody, a man by the name of Joseph P. Smith. He is described as a white male. Now, this photo that you're looking at right now, this is a surveillance tape taken from Sunday evening near a car wash. That is the young girl, Carlie Brucia. She's a sixth grader. She's 11 years old, being led away.

Earlier today, we learned that NASA was using high technology to try to accentuate that image, try to glean what information they could. Apparently, what they had come up with, a little bit, was a name on the shirt that this man was wearing, this alleged suspect was wearing, right here, this alleged kidnapper. They also identified tattoos on both his arms.

Police now have a man in custody. We do not know if it is the man in the video. We do not know anything about the whereabouts or wellbeing of Carlie Brucia.

Susan Candiotti is covering this story, has been all along. She's standing by live in Sarasota.

Susan, what's the latest?

CANDIOTTI: Yes, Anderson. Well, the surprise announcement made just a little while ago. We do now have a name. And I don't know if we are able to focus in on the photograph as well.

This will be the first time you will be seeing the photograph of this suspect, Joseph Smith, also known as Peter Smith. By my calculations he would be about 28 years old if I'm not mistaken -- 38, excuse me. Born in 1966, does have multiple tattoos on arms, right arm, back, chest, and calf.

So presumably, although they have not said so, this may very well be the man from the photograph. They also announced that the photograph of the car, perhaps you can also see on this poster, they say they are processing the car. We don't know where the car was picked up, where it is being processed. But the description on the car being a 1992 Buick Century station wagon with a Florida tag.

They are saying now that they are not willing to reveal any more information about this at this time. Obviously, they don't have the suspect in custody, but they do have a suspect. That was my understanding about what was said here. We'll try to get that confirmed. And you did hear them say that perhaps the family has also been notified of this very important development.

COOPER: So Susan, let me just clarify here. They do not have this man in custody?

CANDIOTTI: Well, they didn't say whether they did or didn't. They said that they have a suspect. So they said our quest still continues. I interpret that to mean he's not in custody, unless they have him and they're look fog additional information -- Anderson.

COOPER: I see. OK. It's obviously a very fluid situation, a breaking news situation. Let's just reiterate what we do not know. No information about the whereabouts or well-being, the status of Carlie Young, Carlie Brucia?

CANDIOTTI: Most importantly, that is the case. No word on that what so ever. The only announcement made this night is about this. Presumably, this information alone would be very good news and a very hopeful sign, at least of some forward movement in this case, to the relatives of Carlie Brucia.

COOPER: You know, Susan, I'm struck by that photo you just showed up, the suspect, this Joseph P. Smith man. It looks like a mug shot. We learned earlier in the day, and had heard all along that the police, you know, I think as many 100 law enforcement personnel were working this case. They were actually reviewing a list of known sex offenders in that region. Obviously, we don't know what this man -- if that is, in fact, a mug shot, which one assumes it is.

Do you know anything about his record?

CANDIOTTI: We don't, of course because, obviously, we received this moments ago. Because Florida has a good public records law and the Florida Department of Law Enforcement has a computer that can you do some research on, we, of course, will begin to do that immediately to try to determine whether, in fact, this man does have a record in this state or, perhaps, nationwide, not necessarily just in Florida. So we'll look into that. Could be a mug shot. Could be a Florida driver's license photo as well. We'll look at all those questions.

COOPER: Now what's the latest Susan -- sure. We have a number of people looking into that right now, as well as trying to ascertain whether or not this man is in custody or whether he is a suspect somewhere out there. The police wanting information about him. Simply we do not know. But as soon as we do, we'll inform our viewers of that. What do we know about what has come out, if anything, from these NASA technology that's being used to look at some of the images, at the surveillance video we've seen?

CANDIOTTI: Well, I think that -- I hate to say it is safe to assume. Because the description of this man seems to fit the -- what they were able to determine so far from that surveillance camera, that the person they were looking for did have tattoos on both arms. That could be a clue that they were able to use those enhanced images to try to determine who that is, coupled with -- you remember he said they received information from a phone call about someone who thought it could be this individual. So perhaps they were able to marry that -- those two pieces of information and come up with a name. Clearly, come up with a car he was driving.

COOPER: I know they were flooded with leads, a number of callers. I think I heard you reporting during the day as many as 400 possible leads, people calling on the phone. There has been a massive response of this. Of course, an AMBER Alert was issued after this young girl was know to be abducted or at least believed to be abducted. They wanted to make sure it was in fact an abduction. And as we keep watching this video, this is the surveillance video NASA has been pouring over trying to see if they can enhance any of the images. Susan, I have also heard that that name tag that we see the alleged abductor there wearing, NASA -- OK. I've learned CNN has confirmed that Joseph P. Smith is in custody. So, this man police have named, Joseph P. Smith, is in custody. Again, the whereabouts, most importantly, the whereabouts, the status of this young girl, Carlie Brucia unknown. She's in sixth grade. A lot of people hoping and praying for her. Susan, NASA had apparently, been able to identify the name tag or at least got a clearer picture of the name on the shirt. It looked like sort of a workman's shirt. And It was a small name they said. I suppose if Joseph P. Smith is the person in the video, it could be a Joe?

CANDIOTTI: Could be Joe. Could be also an alias, also known as Peter, could have been Pete. They said just a few letters, so yes. The other important thing to talk about here is the fact they have his vehicle currently being processed, as they said. That means, of course, they're looking for any possible clues that they might find, any physical evidence they might find inside that stationwagon. Possible DNA evidence. Something as simple as a hair could, in fact, help in determine whether she was definitely in that vehicle. Naturally, since we have confirmation he is in custody, talk to him, try to get as much information as they can from him presumably if he has solid information, get it from him to try to find out what happened to Carlie.

This is a little girl, we hear time and time again from friends and family who would not willingly go with a stranger, in their view. Someone who doesn't readily go up to strangers. Although, who, in their opinion, appeared to be startled by this person and agitated a bit when she was led off by him.

COOPER: And let's end this discussion by talking about Carlie Brucia and remember her and thinking about her now, hoping for her safe return at this hour. Just to reiterate, police have in custody a suspect, Joseph P. Smith, a man believed to be somehow involved in the abduction of this young girl, 11-year-old Carlie Brucia. He is in custody. We do not know about her whereabouts, but certainly it is something we are thinking about and praying about and looking forward to her safe return. We will bring you updates as we get them. That was live news conference.

We are going to take a short break. "360" continues in a moment.

(COMMERCIAL BREAK)

COOPER: Coming up in the next 20 minutes on "360" my exclusive interview with Haiti's beleaguered president, Jean-Bertrand Aristide. Find out what he says about civil unrest, political violence and the cause for his resignation.

Plus a divided nation. Split decision over same-sex marriage. We'll talk to one couple caught in the middle.

And a key witness takes the stand against Martha Stewart.

Will his testimony sink Martha Stewart? We'll take a closer look at that.

First, let's check the top stories in "The Reset."

In Sarasota, Florida, authorities say they have a suspect in custody in the abduction of 11-year-old Carlie Brucia. They identified the suspect as 37-year-old Joseph P. Smith. The girl's parents reported her missing Sunday. A surveillance camera caught an image of a man leading her away from a car wash. We're going follow this story, bring you any developments in the next couple minutes.

More than 5,000 Senate staffers will start returning to their offices tomorrow after this week's ricin scare. The deadly toxin turned up in the Dirksen building mailroom Monday causing police to padlock it as well as two other buildings. No one is reporting any symptoms of poisoning.

Senator Charles Grassly says Osama bin Laden will be caught between now and the November presidential election. The Iowa Republican tells the hill news that it will happen because the U.S. can divert more resources toward tracking down the al Qaeda leader.

COOPER: The white house will extend unemployment benefits to 375,000 people whose regular benefits have run out. Thirty-nine Republicans crossed party lines to join Democrats and pass the bill. However GOP leaders say the extension isn't necessary with an improving economy, probably won't let it become law.

The Food and Drug Administration and Johnson & Johnson worn consumers an overseas Web site is selling counterfeit birth control patches that is will not prevent pregnancy. The FDA advises your to avoid the patches and other products sold through, www.rxpharmacy.ws.

Well, now to tension in Haiti. More violence hours ago. Police fired tear gas, warning shots breaking up a protest after students angry with President Jean-Bertrand Aristide filled the streets. And government supporters struck back at the crowd throwing rocks and bottles. Nothing new about that. No injuries were reported but there are reports police detained five students. The country is in crisis, no doubt about it. The man at the center of it all, President Aristide. In a moment, my exclusive interview with him.

But first, depending on what you talk to, Aristide is either a saint or a man corrupted by power. Ten years after the U.S. restored him to power, it wasn't supposed to end up this way.

(BEGIN VIDEOTAPE)

COOPER (voice-over): When 20,000 U.S. Troops landed in Haiti in September 1994, they called it Operation Uphold Democracy. The mission, return to power Haiti's first Democratically elected president, Jean-Bertrand Aristide.

As a reporter for Channel 1 News, I covered Aristide's return. He'd been toppled by the Haitian military a few months after taking office.

(on camera): Among those who support Aristide, their belief is extraordinarily strong. That's why his return here is more of a return of a political leader. What many people say to me the return of hope in a country that has little hope the past several years.

(voice-over): That was 1994. Now in 2004, in Haiti, you don't hear much about hope.

(on camera): Ten years ago tens of thousands of people went to the streets calling for the return of president Aristide, happy, jubilant. These days many are Haitian's now are pouring to the streets once again. These men say they support President Aristide, but 10's of thousands of others are saying he must go.

(voice-over): Since September, more than 50 protestors have been killed in violent clashes with police and pro-Aristide armed thugs. The protesters say Aristide's corrupt and rigged the 2000 elections which gave him a second term.

Evans Paul, a protest organizer was once a leading figure in Aristide's party.

EVANS PAUL, PROTEST ORGANIZER (through translator): Aristide had a good vision, a good discourse, he says, but once he got into power, he changed. His actions have been very negative. He's deceived the people. I consider it betrayal.

COOPER (voice-over): Whether it's Aristide's fault or not, in ten years, little has changed in Haiti. It's still the poorest country in the western hemisphere. More than half the people are illiterate and the average life expectancy is just 52 years.

(END VIDEOTAPE)

COOPER: The man at the center of the crisis in Haiti, President Jean-Bertrand Aristide.

Coming up, same-sex marriage: a court makes a big decision. Ahead reaction from the couple that put the same-sex debate in the spotlight.

Plus, a star witness takes the stand in the Martha Stewart trial; reaction in "Justice Served."

And a little later on, we're going to have an update on the breaking news story. We have a suspect in custody in Florida in the case of a missing girl. There he is. We'll give you an update in just a few moments. We'll be right back.

(COMMERCIAL BREAK)

COOPER: Word of today's court ruling affirming gay marriage in Massachusetts removed a last inkling of doubt many gay people may have had about prospects for a legal matrimony, at least in Massachusetts. One man put down a deposit on his wedding expenses, another man told the AP, quote, "the fat lady has sung and she's singing the wedding march."

Right now, I'm joined by Dave Wilson and Rob Compton. They were part of the original legal battle that began three years ago. Dave and Rob, appreciate you joining us today. What was your reaction to today's decision?

DAVE WILSON, GAY MARRIAGE SUPPORTER: Well, we were pretty excited. We were excited, certainly, back in November. But Today was a great day, just because the SJC reaffirmed what the ruling that was set back in in November. So, this has been a great day for Rob and myself.

COOPER: Why marriage? Why is that word, that ceremony, that meaning so important to you both?

ROB COMPTON, GAY MARRIAGE SUPPORTER: I think the SJC addressed that question today when it looked at civil unions and said, clearly, they are not the same as marriage and do not provide the same benefits and protections that marriage does.

COOPER: When you heard the news about Ohio, Ohio is now the 38th state to ban same-sex marriage, just happened recently, what went through your minds?

WILSON: We've been pretty focused on Massachusetts, especially since Rob just went through hip replacement surgery and I fought very hard to be part of that decision. So, we've really stayed focus on Massachusetts. Now, we're looking forward to May 17 when we'll be able to get a license and be legally married.

COOPER: So, how do you go about this? I mean just practically, May 17 you're actually going to go down, get a license and then will you have a ceremony?

COMPTON: Yes, just like everybody else does. The 17th we'll be eligible to actually apply for it. There is a short waiting period. And then we'll go ahead and have the ceremony performed.

COOPER: Did you ever think that you would live to see this day?

COMPTON: No.

WILSON: Certainly I didn't in my lifetime. Certainly growing up African-American in this country and in Massachusetts, it never looked to me, as a gay man, I would see the opportunity to be an equal citizen with the rest of the commonwealth. So this is a wonderful day.

COMPTON: We hear that all the time from young people, especially the colleges where we speak about how this gives them hope that they can have a family and raise children, do all the things we've dreamed about doing, that is actually possible now.

COOPER: I know for people this is a controversial issue, it's a political issue. For both of you it is a personal issue. Dave Wilson and Rob Compton, thanks for talking with us.

Well, today's "Buzz" question is this, "What do you think? Do you support the legalization of same-sex marriages?" Vote now, cnn.com/360. We'll have the results at the end of the program. Well, in "Justice Served" tonight, the Martha Stewart trial. Today, Douglas Faneuil, the former assistant to Stewart's broker testified that Stewart asked to sell her Imclone stock. He says, the order came once she learned Imclone's, Sam Waksal, was selling his shares.

Joining me now to take a closer look at all this is 360 legal analyst Kimberly Guilfoyle Newsom and Carolina Buia, correspondent for "Celebrity Justice." We appreciate both of you being in the courtroom.

KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: Well, to tell you, Douglas Faneuil, he appears charismatic, self-assured. He speaks to the jury. He hardly ever looks over to Martha Stewart or Peter Bacanovic. But he does looks over the jury quite a bit. Some people think that he is a little too rehearsed and even in cross examination, one of the defense lawyers asked him, so are you taking acting lessons? Have you taken acting lessons. He said no, absolutely not.

COOPER: The testimony that's coming out now. Doug Faneuil being asked about past drug use, ecstasy, marijuana. Why does any of that matter? Why even bring that up?

That's a great question. Why is it relevant? It's basically an attempt by the defense to dirty him, undermine his credibility and his reputation.

COOPER: They're going to rip him apart.

GUILFOYLE NEWSOM: Right. The point is he didn't use any of these things at the time that he was dealing with Martha Stewart on the phone, et cetera. Bottom line is you've got a guy here who accepted responsibility pled guilty, and said I couldn't go on with my life...

COOPER: It's not like he was popping ecstasy while calling Martha Stewart on the phone. I just don't get the relevance. So it is basically just to try to destroy his character.

CAROLINA BUIA, CORRESPONDENT, "CELEBRITY JUSTICE": He claims he never did this on the job. Just occasionally, he said, maybe I smoked marijuana once a month and it was on the weekends with friends.

COOPER: In the courtroom, who is looking at whom? Is Martha Stewart staring anyone down? Is Douglas Faneuil looking at Martha Stewart or Peter Bacanovic?

BUIA: Martha Stewart occasionally looks over at Faneuil. She speaks with her lawyer, she talks to her daughter whenever there's a recess. They're both pretty stoic.

COOPER: Douglas Faneuil, how much more will the testimony go on for? The cross-examination starts, when, tomorrow?

GUILFOYLE NEWSOM: He started cross-examination today. Today was the most important day and the most damaging evidence that came out against Martha Stewart. He directly contradicts her story and Peter Bacanovic, and information came out that they tried to offer him trips, a raise in his salary, and just about everything else and told him you don't know what you're talking about. We had this stop-loss order. That's the truth.

COOPER: Carolina, you spoke with Martha Stewart's daughter today, I believe.

BUIA: Correct. She's been supporting her mother. She's her mother's best friend. She says I'm in great spirits. I'm feeling great.

COOPER: Carolina Buia and Kimberly Guilfoyle Newsom, thanks.

Happening right now in Florida. A suspect in custody in the case of a missing Florida girl. We're going to have a live update on this breaking news just ahead. We'll be right back.

(COMMERCIAL BREAK)

COOPER: Now a developing breaking news story from Sarasota, Florida. Sheriff's officials have a suspect in custody in the case of missing 11-year-old Carlie Brucia. Let's go live to Susan Candiotti for the very latest -- Susan.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Anderson, that suspect's name is Joseph Smith. According to his date of birth, he's 37 years old and has an address here in Sarasota, Florida. According to the Sarasota sheriff's office website, evidently he has been in custody according to the website, since 1:30 in the afternoon yesterday. Tuesday.

There is some information that indicates he was in custody being held on unrelated charges relating to drugs. According to the sheriff's office website, his occupation is listed as driver. Additionally, what we know is that the officers do have a station wagon that he was driving with Florida tags in custody. It is in their possession and combing it for possible evidence.

There is no word on what has happened to Carlie Brucia, this young girl we know who is missing since Sunday night. An Amber alert went out on her 24 hours later. As you know, there was important evidence, key evidence they picked up from a surveillance camera from a car wash. She was cutting through the parking lot at that car wash. NASA has been working, along with federal, state and other authorities, to try to enhance the image from that surveillance camera.

A description came from people who looked at that video. We know he had tattoos on both arms, right arm and chest and calves according to the authorities. They announced this information about a half hour ago. What everyone else wants to know is what about Carlie? Do they have information from her about that? So far he's being named as a suspect. As far as we know, he's not been charged in her disappearance. COOPER: That's an important point to make. If this is correct, he's been in custody since Tuesday at 1:30 in the afternoon. He has not been arrested, is that fair to say?

CANDIOTTI: As far as we know. Again, strictly they are calling him a suspect at this time.

COOPER: It is so interesting. I had not heard much about this vehicle prior to seeing the photo that you held up. Had that been announced that police were look for this particular vehicle?

CANDIOTTI: No. And that's part of the thing about the Amber alert system. As you might recall, you often see the signs across the highways that you travel that has vehicle information whenever a child is reported missing, but there was never information about any possible car that might be connected or linked to her disappearance. All we had was this very important piece of surveillance camera video.

How often do you have that? Apparent evidence of an abduction in progress. They were able to look at that. That, additionally, they received a phone call from someone who thought they recognized this man. So, apparently, they were able to marry that information, possibly along with any clues they received from those trying to enhance the image from the surveillance camera and locate this man.

He does have a Sarasota address. He's 37 years old. He's from this area. The car has Florida license tags. We are also looking into whether he has any other previous charges. There is some indication of that but we're working to confirm that before we report it to you.

COOPER: Susan, what do we know about this young girl's family? Have they come forward? Have they made any kind of statements? Obviously, they have not spoken in the last 30 minutes since this press conference where this information was first revealed about the suspect in custody. When was the last you heard from them?

CANDIOTTI: They've been in seclusion most of the day. I did not see the father throughout the day. I did briefly speak to Carlie's mother who is staying close to home. That's where I spoke with her. Indeed, they're still very upset about what's happened to her and not saying anything publicly so far. Naturally, people will try to find out what reaction they have from this. The police did say, naturally, that they first informed the family about this very important development.

COOPER: And of course, we want to respect their privacy at this difficult time. Their daughter is still missing. Carlie Brucia. She's 11 years old. She's a sixth grader. Any information is wanted by the police. Susan Candiotti, staying on the story all evening long. Susan, thanks very much.

We also have more breaking news. Tonight, President Bush has just released a statement in response to today's court ruling in Massachusetts on gay marriages. He calls the court's decision, and I quote, deeply troubling. Time now for "The Buzz." We asked you, do you support the legalization of same-sex marriages? Here's what you had to say. Look at the numbers. 48 percent of you said yes. We don't have it. OK. 52 percent of you said no. 48 percent of you said yes. We're having a problem with the graphic. Want to point out. Not a scientific poll, just your buzz and we appreciate it.

Normally, we do the "Nth Degree" this time but we're out of time because of all the breaking news. I'm Anderson Cooper. Coming up next, "PAULA ZAHN NOW."

END

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Marriage Ruling>


Aired February 4, 2004 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
ANNOUNCER: Poison in the nation's capital. Is the ricin scare connected to a threat against the White House?

John Kerry marches on to the next round. Can any of the Democrats stop the front-runner?

An exclusive interview with the president of Haiti, Jean-Bertrand Aristide.

The hunt for a missing girl. NASA is enhancing the videotape. Can they I.D. the suspect?

The star witness back on the stand. What did Martha say on that phone call?

And what's next for the Super Bowl's infamous duo?

(END VIDEOTAPE)

ANNOUNCER: Live from the CNN Broadcast Center in New York, ANDERSON COOPER 360.

COOPER: Good evening. Welcome to 360.

Tonight, crisis in Haiti, my exclusive interview with Haiti's beleaguered president, Jean-Bertrand Aristide. Should he step down? That ahead.

But first, our top story: Martha Stewart on trial. Potentially damaging testimony today. A key witness says Stewart told him to sell her ImClone stock after she learned the company's co-founder was selling his.

CNN's Allan Chernoff was at the courtroom today.

(BEGIN VIDEOTAPE)

ALLAN CHERNOFF, CNN BUSINESS CORRESPONDENT (voice-over): A direct contradiction of Martha Stewart's explanation for her sale of ImClone stock. Douglas Faneuil, a former assistant to Stewart's stockbroker, told the jury he passed an insider tip to Stewart on orders from his boss, Peter Bacanovic. Bacanovic was on vacation that day in late December, 2001, and had already left a message for Stewart. Faneuil recounted the call from Stewart. "This is Martha. What's going on with Sam?" referring to her friend, Sam Waksal, at the time, chief executive of ImClone Systems. "Peter thought you might like to act on the information that Sam is trying to sell all of his shares."

"All of his shares?" Stewart responded. "What he has here he's trying to sell." "Well, I want to sell all my shares," Stewart said.

When Merrill Lynch began investigating ImClone stock trading, Faneuil testified his boss told him the sale was part of Stewart's tax planning. Several days later, Faneuil said Bacanovic gave him a different story. Stewart had an order to sell the stock if it fell below a certain price, known as a stop loss order.

Faneuil said he got further instructions from Bacanovic after the broker spoke with Stewart. "I've met with her and everybody is telling the same story," Faneuil quoted Bacanovic. "It was a $60 stop loss order. Everybody's on the same page. It's the truth."

The stockbroker's defense attorney, David Alfel (ph), then began his assault on Faneuil. The 28-year-old admitted to using drugs, including marijuana, cocaine and ecstasy. Faneuil also told the jury about his plea bargain for having lied to government investigators.

(END VIDEOTAPE)

CHERNOFF: Damaging Faneuil's credibility in the eyes of the jury is critical to the defense strategy. Attorney David Alfel (ph) says he may keep Faneuil on the stand for another full day of testimony and then Martha Stewart's attorney gets his shot. Their cross- examinations could determine whether Martha Stewart and her stockbroker are convicted of obstructing justice -- Anderson.

COOPER: All right. A lot riding on that testimony. Allan Chernoff, thanks very much. We're going to have more on this coming up in our "Justice Served" segment, in-depth analysis and in-courtroom reaction to today's dramatic developments in the Martha Stewart trial.

In Massachusetts today, a court ruling that means a same-sex marriage apparently will happen in the United States, possibly as early as May. The Massachusetts Supreme Court clarified its November decision, saying, civil unions are not enough in that same-sex couples are entitled to marriage. It is a ground-breaking decision and, of course, controversial.

Maria Hinojosa has details.

(BEGIN VIDEOTAPE)

MARIA HINOJOSA, CNN URBAN AFFAIRS CORRESPONDENT (voice-over): For Hillary and Julie Goodridge, their relationship of 16 years is about to become a historic first.

HILLARY GOODRIDGE, PLAINTIF IN SAME-SEX MARRIAGE CASE: Twenty years ago, if you told me we that we were going to be standing here talking about marriage, I would have told you were crazy.

HINOJOSA: They are one of seven gay couples who won the right in a Massachusetts court to become the nation's first married gay couples, a right made even stronger today when the court nixed a state legislature proposal to grant them civil unions instead. "Because the proposed law by its expressed terms forbids same-sex couples entry into civil marriage," the court said, "it continues to relegate same- sex couples to a different status. The history of our nation has demonstrated that separate is seldom, if ever, equal."

GOODRIDGE: What this decision means for us, again today, is that we'll be able to provide each other. We'll be able to provide our daughter with all of the protections and benefits possible that we can to have a healthy and stable family.

HINOJOSA: The Goodridges will be able to marry in Massachusetts by May, but 37 other states have already passed laws saying they will not recognize gay marriages like theirs. Ohio is about to become the 38th. Its governor today said he will sign the nation's most far reaching law against gay marriage.

UNIDENTIFIED MALE: We won't have to worry about our courts deferring to the novel and unorthodox definitions of marriage that we're seeing in states such as Massachusetts.

(END VIDEOTAPE)

HINOJOSA: Now, interestingly, Anderson, there are states that don't even recognize same-sex marriage that are having trouble with these new developments. For example, today in Iowa, which doesn't recognize same-sex marriages, the highest court there has decided to review a case of a lesbian couple from Iowa that went to Vermont to get a same-sex civil union and has now returned to Iowa and they want to get a divorce.

COOPER: Oh, interesting.

HINOJOSA: And so the Iowa court is going to decide, will they allow them to get a divorce or not.

COOPER: And it's going to get complicated. All right. Maria Hinojosa, thanks very much.

Just ahead, we'll talk with another same-sex couple involved in the Massachusetts case and get their reaction to today's decision.

Today's "Buzz" question is this: Do you support the legalization of same-sex marriages? Vote now, cnn.com/360. We will have results at the end of the program this evening.

A lot ahead right now. On Capitol Hill, the struggle for normalcy. At least one of the three Senate buildings closed due to the ricin scare. It's going to reopen tomorrow, while investigators try to figure out who is responsible for mailing the poison.

The latest from CNN's justice correspondent Kelli Arena. (BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE CORRESPONDENTE (voice-over): For a second straight night, investigators are sweeping congressional office buildings looking for possibly contaminated mail. But officials say there are still no obvious leads.

CHIEF TERRY GAINER, CAPITOL HILL POLICE: No one has taken credit for this or blame. But we are examining, clearly, anything ricin- related, and prudent investigators will do that. So we have neither ruled something in nor ruled it out.

ARENA: FBI agents have not found any letter responsible for bringing the ricin into the Senate office building. And investigators are also looking into whether this ricin is connected to two previous letters containing vials of the poison, like this one shown on the FBI's Web site. So far, investigators say, there is no link.

GAINER: A good investigator will keep their mind open about any possibility. So our mind is open to take a look at these things from all the different angles

ARENA: The two letters were signed by someone calling him or herself "Fallen Angel," claiming to be a fleet owner of a tanker company. In the letter were angry demands for a change in trucking regulations. One was found at a postal facility in Greenville, South Carolina, in October, and another was mailed to the White House in November and intercepted. But the existence of the White House letter was not disclosed publicly until Tuesday.

SCOTT MCCLELLAN, WHITE HOUSE SPOKESMAN: If there is a public health threat, we share that information. The letter was deemed by public health officials not to be a public health threat.

(END VIDEOTAPE)

ARENA: The Secret Service admits that it did not immediately share that information either with the FBI and homeland security for several days while waiting for test results. A spokesman tells CNN the agency now realizes that it is important to have prompt notification -- Anderson.

COOPER: All right. Kelli Arena, thanks for that.

Let's quickly flash back to another incident involvinging ricin. In 1978, ricin was used in the assassination of Bulgarian dissident Georgi Markov. Markov, who defected nine years earlier, was jabbed by the tip of an umbrella containing ricin as he waited for a bus in London -- at that bus stop right there.

He developed a high fever. He died four days later. His assassin has never been caught.

Moving on to the WMD blame game. And that is what it's become. Defense Secretary Donald Rumsfeld is grilled on Capitol Hill. While tomorrow, the head of the CIA will tell his side of the story. CNN national security correspondent David Ensor reports.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): In an unusual hastily arranged speech, George Tenet is going public to defend the CIA against blunt criticisms from David Kay, his former weapons inspector.

DAVID KAY, FMR. CHIEF WEAPONS INSPECTOR: We were all wrong...

ENSOR: That judgment is premature, Tenet will say, according to intelligence officials, and the suggestion that the search for weapons in Iraq is 85 percent done is wrong, too. Tenet will likely say that millions of pages of documents remain to be translated, and thousands of knowledgeable Iraqis remain to be interrogated. At the same time, Tenet will remind Americans intelligence is not a crystal ball. The speech is a second salvo, following Secretary of Defense Donald Rumsfeld on the Hill insisting weapons could still be found.

DONALD RUMSFELD, DEFENSE SECRETARY: Think. It took us 10 months to find Saddam Hussein. The reality is that the hole he was found hiding in was large enough to hold enough biological weapons to kill thousands of human beings.

ENSOR: Stunned by Kay's charges that U.S. intelligence got it wrong on Libya and Iran, too, aides suggest Tenet will say, in fact, the CIA knew plenty about both nuclear programs. And there may be a surprise revelation or two, according to Rumsfeld, designed to answer all the talk of intelligence failures.

RUMSFELD: The director of Central Intelligence, George Tenet, will be able to make some of those recent examples of successes -- and there have been many -- public, so that the impression that he has and is being created of broad intelligence failures can be dispelled.

(END VIDEOTAPE)

COOPER: So David, you have Rumsfeld, and now you have Tenet coming out tomorrow. Is this a new coordinated strategy for the White House to actually try to go on the offensive over the WMD issue?

ENSOR: It does seem to be coordinated, yes, given the fact that you have Rumsfeld quoting what Tenet will say tomorrow and so forth. Clearly, it has been a bad couple of weeks, partly because of David Kay, partly because of the attention on the Democrats whose have been quite vocal. And the administration, and especially the intelligence community, wants to swing back a couple times and defend themselves. So that's what it's about today and tomorrow.

COOPER: All right. We'll listen to the testimony tomorrow. David Ensor, thanks for that.

Right now we are following these developing stories "Cross Country." Let's take a look. Washington: 9/11 report delayed. The White House is now supporting a request by the commission investigating the September 11 attacks for an extra 60 days to finish its work. Now, that's a turnaround, because for months the Bush administration had been pressing the panel to meet its May 27 deadline.

Graham, North Carolina: school drug bust. Forty-nine people are under arrest right now after a drug sweep through every campus in the Burlington Alamont (ph) school system. Every campus. Among those arrested today was the state's all-time leading scorer in high school basketball.

Fort Worth, Texas: stowaway sentence. Remember this guy? The guy who flew hidden in a cargo crate from New York to Dallas -- there he is -- because he was homesick apparently? Well, he's going to be spending four months at home under house arrest. Warehouse shipping clerk Charles McKinley, he shipped himself because he didn't want to pay for a plane ticket.

New York: full-page foul-up. A mortified AT&T Wireless is apologizing to enraged Asian-American civil rights groups, saying it didn't mean to put a racial slur in a national newspaper ad. Instead of using the customary abbreviation JPN for Japan, the cell phone carrier used JAP in today's full-page ad for its reduced international calling rates. The company says it will not happen again.

That's a look at stories "Cross Country" tonight.

An experiment in democracy. Falling apart, riding (ph) political murders and extreme poverty. What is happening in Haiti? Tonight, my exclusive interview with Haiti's president, Jean-Bertrand Aristide..

Plus, John Kerry on top. Who is in position to bring him down? We'll take a closer look.

And kidnapped on tape. The desperate search for a missing girl and her abductor. Police ask you for help. We're monitoring this situation on a minute-by-minute basis. We'll bring you the latest coming up.

First, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.

(COMMERCIAL BREAK)

COOPER: Well, and then there were six on the campaign trail tonight. Joseph Lieberman, of course, is out. John Kerry is gaining momentum. And those left battle on.

Following the campaigns for us, CNN's Frank Buckley.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: John Edwards.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT (voice-over): Senator John Edwards campaigned in Memphis.

WESLEY CLARK (D), PRESIDENTIAL CANDIDATE: How is everybody this morning?

BUCKLEY: So did General Wesley Clark. The candidates were just a few blocks away from each other, as both southerners look to the next southern states on the primary schedule, Tennessee and Virginia, as targets of opportunity. Each hopes a win next week will propel him into the tier of top two remaining candidates against front-runner John Kerry.

EDWARDS: The bottom line is this is a very fluid race. It looks like it's narrowed down to two or maybe three candidates. A month ago, everyone was saying that Governor Dean would be the nominee. And that appears to have changed pretty dramatically. And I think we're going to have a strong horse race.

BUCKLEY: Clark is going after Edwards and Kerry as Washington insiders.

CLARK: John Kerry and John Edwards both voted to give President Bush a blank check.

BUCKLEY: Howard Dean, shut out in Tuesday's seven states, was focusing on Michigan, Wisconsin and Washington State.

HOWARD DEAN (D), PRESIDENTIAL CANDIDATE: We can do this differently in this country. It just requires the courage. It requires the courage of a state in the Northwest who said no to Washington, D.C. before.

BUCKLEY: For Kerry, the big winner on Tuesday with five states going his way, it was a day off the campaign trail, back in his home state, Massachusetts.

(on camera): During the next few days, the candidates will be campaigning in the states where they feel strongest, picking up delegates and positioning themselves for what's expected to be a major showdown two week from now, when Wisconsin holds its primary, when the Democratic field is likely to be narrowed even further.

Frank Buckley, CNN, Norfolk, Virginia.

(END VIDEOTAPE)

COOPER: Well, right now, NASA's cutting-edge technology is being used to help find a missing girl. That's the hope. The space agency is trying to enhance a surveillance tape that captured a young girl being led away at a Florida car wash.

CNN's Susan Candiotti has the latest.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): Newly enhanced computers that helped investigate the Columbia disaster now scrutinizing a suspected kidnapper, analyzing tattoos on both arms, facial feature, the lettering on his shirt, all clues that could lead to 11-year-old Carlie Brucia.

UNIDENTIFIED MALE: It is only as good as the raw data coming into it. So the video is not the quality of a high-speed film camera. But it has quality there. And we'll try to pull whatever we can.

CANDIOTTI: At Carlie's home, colorful hand-painted signs offer encouragement from the sixth grader's classmates. Even though three days have passed since the youngster's her disappearance, no one is giving up hope.

UNIDENTIFIED FEMALE: Everybody has the message now. And what we need to do is look back in our minds and say, have you seen her anywhere? Did you see that face?

CANDIOTTI: Fliers are seen all over the largely retirement community, generating a response.

UNIDENTIFIED MALE: People are calling in. Numerous people are starting to bring names forward to us.

CANDIOTTI: Some are questioning why it took 24 hours to issue a statewide Amber Alert. Police say they were looking for her, but had to be fairly certain the girl wasn't a runaway. On Tuesday, Governor Jeb Bush called the family.

GOV. JEB BUSH (R), FLORIDA: I spoke to the mom of the child just to say that the resources of the department are being brought to bear to find her child.

(END VIDEOTAPE)

CANDIOTTI: We are now waiting for word on any clues that might be coming from those enhanced images from the surveillance camera. There is a news conference scheduled at the bottom of the hour. We will let you know what happens. But for now, Anderson, no sign of Carlie Brucia.

Back to you.

COOPER: That is so sad. All right. Susan Candiotti, thanks very much. And as Susan said, we're going to be monitoring this press conference. Any developments will bringn to you live.

We're tracking a number of developing stories around the globe right now. Let's check the "UpLink."

Erbil, Iraq: aftermath of suicide attacks. You're looking at new footage from a city where two explosions killed 109 people on Sunday. Today, a senior U.S. commander said such attacks are being carried out by groups trying to sabotage or gain leverage in future Iraqi governments.

London, England: Prime Minister Tony Blair gets an earful from a Parliamentary heckler angry about the Iraq war. Mr. Blair announced an independent probe into prewar intelligence after President Bush announced his.

Islamabad, Pakistan: confessions of a nuclear scientist. The man who gave the Islamic world its first nuclear bomb issued a nationally televised apology today. Abdul Qadeer Khan took full responsibility for passing nuclear secrets to other countries, including Libya and North Korea. Khan begged for forgiveness and asked President Musharraf for a pardon.

Hanoi, Vietnam: lingering fallout. Almost 30 years after the world ended, three Vietnamese victims are filing a first of its kind lawsuit against U.S. companies that manufactured toxic agent orange. Many who were exposed blame agent orange for various illnesses and birth defects. But the U.S. government has never acknowledged any long-term repercussions.

Jerusalem: prime minister's problems. Tomorrow, Ariel Sharon will have to answer questions from police investigating whether he took bribes from a close friend during his tenure as foreign minister. The friend has been indicted. Mr. Sharon denies any wrongdoing.

That's a look at tonight's "UpLink" around the globe.

And then there were six. The democratic field narrows, but is there an X factor that could put a stop to Kerry's run? We'll take a closer look at that.

Also tonight, new demonstrations in Haiti. I was just there this morning. Coming up, my exclusive interview with Haiti's president, Jean-Bertrand Aristide. Find out what he says about civil unrest and political murders in his country.

And a little later, "Midweek Crisis." The network is going into a tailspin over Janet Jackson's -- well, her revealing moment. Find out why they're pulling the plug and adding a delay on some upcoming shows.

(COMMERCIAL BREAK)

COOPER: Senator John Kerry now has the clear edge, and one opponent fewer in the race for the Democratic presidential nomination. Is he unstoppable?

Well, let's put the question to Democratic Party strategist Julian Epstein and "TIME" Magaine's Jay Carney, both in Washington.

Appreciate you guys joining us.

Julian, let me start off with you. A crucial contest this Saturday. We've got Michigan, Washington and, of course, Tuesday we've got Virginia, Tennessee. What does John Edwards have to do to catch up to Kerry?

JULIAN EPSTEIN, DEMOCRATIC STRATEGIST: And don't forget about Maine on Saturday as well. It's very difficult for Edwards at this point. Kerry is ahead about 44 points in Michigan. He's very, very strong in Washington as well. He's got the big mo. And part of the reason for that is he's winning across every demographic group and in most regions of the country. Most Democratic voters are hearing the "electability" word, and they believe he is the most electable of all.

So it is very difficult for Edwards, even though he came in second last night, if you tally all the votes. Edwards looks like he's unstoppable. I mean, I beg your pardon. Kerry looks like he's unstoppable now.

COOPER: Yes. That electability word is becoming like the buzz word of the century. I'm getting a little bit sick of it, I've got to admit.

EPSTEIN: It's what Democrats are saying.

COOPER: Yes, I know. Exactly.

Jay, let me bring you in here. I want to show you some of the delegate count, because this graphic is pretty amazing. Kerry, 244; Dean, 121; Edwards 102; and the rest. Now, Howard Dean keeps insisting that this is all about delegates, that that's they key.

How long can he keep that up? I mean, doesn't -- at some point he's got to win something somewhere?

JAY CARNEY, "TIME" MAGAZINE: I think when you're in the position Howard Dean is in, this is what you say, that delegates matter. And the race is closer if you look at the delegate count than it is in reality. The fact is...

COOPER: OK, wait. Jerry, I'm sorry. I have to break into you right now. We're going to a live press conference in Sarasota, Florida.

UNIDENTIFIED MALE: Please consider this as a focus now to find Carlie and bring her home. We will continue in this effort. We will continue to release information that we think will benefit us from that strategic standpoint. But we are not going to release specifics regarding this, because it continues to be an active investigation.

Sergeant Lasitato (ph) will provide this information to you. This is the information that I'm willing to present at this point on behalf of all the investigators. We would like to continue to receive the cooperation from the community. I would point out that he became a suspect in relation to the phone calls that we did receive from the community. And we have strong evidence to suggest that he is, in fact, the perpetrator.

Thank you.

QUESTION: (UNINTELLIGIBLE)?

UNIDENTIFIED MALE: We will not entertain any questions at this time. It is very important that you understand this is an ongoing, dynamic investigation. You must allow our investigators to continue in their efforts.

They will be working through the night. They will be working into the hours tomorrow and the next day. But we will not be entertaining questions. Please give them an opportunity to work.

We will have a formal briefing tomorrow morning at 9:00 right here. And we expect we'll be able to unfold more details. Sergeant Lasitato (ph) has the pamphlets for you. In about 10 minutes they will also be available on our Web site.

Please understand the nature of this investigation, folks. It's not over. It is another phase. We will run it on our timeline. And we will control it as best we can with the dual purpose of making sure the citizens of our community are aware of what's going on.

So, again, the last point I will make, there will be no individual interviews, either tonight or tomorrow morning, until after tomorrow morning's 9:00. And that means no one -- we've talked to the federal agencies, the local agencies. None of us will be doing individuals. So please adjust your schedules appropriately.

That gives us another 12 hours to get deeper and deeper into this very dynamic moment. I know one question you've asked is, is the family aware? Of course they are. Major Gooding himself has been spending time with the family.

Please honor the detective's and the family's request that you not try to contact them. Give us some time to do our work. That concludes our news conference tonight.

Thank you.

QUESTION: (UNINTELLIGIBLE) repeat the man's name and description one more time, because we are live for a national audience. Thank you.

UNIDENTIFIED MALE: The name of our suspect at this time is Joseph P. Smith. White male, born 3/17/66.

QUESTION: Was he taken into custody in Sarasota?

UNIDENTIFIED MALE: We told you that we're not entertaining any questions. Thank you very much for your patience. Please allow our folks to work.

Good night.

COOPER: OK. Well, you have just been watching a press conference live from Sarasota, Florida, where the search has been going on since Sunday for Carlie Brucia. She's 11 years old. She is a sixth grader.

What we have just learned is this breaking news press conference is that they have a suspect in custody, a man by the name of Joseph P. Smith. He is described as a white male. Now, this photo that you're looking at right now, this is a surveillance tape taken from Sunday evening near a car wash. That is the young girl, Carlie Brucia. She's a sixth grader. She's 11 years old, being led away.

Earlier today, we learned that NASA was using high technology to try to accentuate that image, try to glean what information they could. Apparently, what they had come up with, a little bit, was a name on the shirt that this man was wearing, this alleged suspect was wearing, right here, this alleged kidnapper. They also identified tattoos on both his arms.

Police now have a man in custody. We do not know if it is the man in the video. We do not know anything about the whereabouts or wellbeing of Carlie Brucia.

Susan Candiotti is covering this story, has been all along. She's standing by live in Sarasota.

Susan, what's the latest?

CANDIOTTI: Yes, Anderson. Well, the surprise announcement made just a little while ago. We do now have a name. And I don't know if we are able to focus in on the photograph as well.

This will be the first time you will be seeing the photograph of this suspect, Joseph Smith, also known as Peter Smith. By my calculations he would be about 28 years old if I'm not mistaken -- 38, excuse me. Born in 1966, does have multiple tattoos on arms, right arm, back, chest, and calf.

So presumably, although they have not said so, this may very well be the man from the photograph. They also announced that the photograph of the car, perhaps you can also see on this poster, they say they are processing the car. We don't know where the car was picked up, where it is being processed. But the description on the car being a 1992 Buick Century station wagon with a Florida tag.

They are saying now that they are not willing to reveal any more information about this at this time. Obviously, they don't have the suspect in custody, but they do have a suspect. That was my understanding about what was said here. We'll try to get that confirmed. And you did hear them say that perhaps the family has also been notified of this very important development.

COOPER: So Susan, let me just clarify here. They do not have this man in custody?

CANDIOTTI: Well, they didn't say whether they did or didn't. They said that they have a suspect. So they said our quest still continues. I interpret that to mean he's not in custody, unless they have him and they're look fog additional information -- Anderson.

COOPER: I see. OK. It's obviously a very fluid situation, a breaking news situation. Let's just reiterate what we do not know. No information about the whereabouts or well-being, the status of Carlie Young, Carlie Brucia?

CANDIOTTI: Most importantly, that is the case. No word on that what so ever. The only announcement made this night is about this. Presumably, this information alone would be very good news and a very hopeful sign, at least of some forward movement in this case, to the relatives of Carlie Brucia.

COOPER: You know, Susan, I'm struck by that photo you just showed up, the suspect, this Joseph P. Smith man. It looks like a mug shot. We learned earlier in the day, and had heard all along that the police, you know, I think as many 100 law enforcement personnel were working this case. They were actually reviewing a list of known sex offenders in that region. Obviously, we don't know what this man -- if that is, in fact, a mug shot, which one assumes it is.

Do you know anything about his record?

CANDIOTTI: We don't, of course because, obviously, we received this moments ago. Because Florida has a good public records law and the Florida Department of Law Enforcement has a computer that can you do some research on, we, of course, will begin to do that immediately to try to determine whether, in fact, this man does have a record in this state or, perhaps, nationwide, not necessarily just in Florida. So we'll look into that. Could be a mug shot. Could be a Florida driver's license photo as well. We'll look at all those questions.

COOPER: Now what's the latest Susan -- sure. We have a number of people looking into that right now, as well as trying to ascertain whether or not this man is in custody or whether he is a suspect somewhere out there. The police wanting information about him. Simply we do not know. But as soon as we do, we'll inform our viewers of that. What do we know about what has come out, if anything, from these NASA technology that's being used to look at some of the images, at the surveillance video we've seen?

CANDIOTTI: Well, I think that -- I hate to say it is safe to assume. Because the description of this man seems to fit the -- what they were able to determine so far from that surveillance camera, that the person they were looking for did have tattoos on both arms. That could be a clue that they were able to use those enhanced images to try to determine who that is, coupled with -- you remember he said they received information from a phone call about someone who thought it could be this individual. So perhaps they were able to marry that -- those two pieces of information and come up with a name. Clearly, come up with a car he was driving.

COOPER: I know they were flooded with leads, a number of callers. I think I heard you reporting during the day as many as 400 possible leads, people calling on the phone. There has been a massive response of this. Of course, an AMBER Alert was issued after this young girl was know to be abducted or at least believed to be abducted. They wanted to make sure it was in fact an abduction. And as we keep watching this video, this is the surveillance video NASA has been pouring over trying to see if they can enhance any of the images. Susan, I have also heard that that name tag that we see the alleged abductor there wearing, NASA -- OK. I've learned CNN has confirmed that Joseph P. Smith is in custody. So, this man police have named, Joseph P. Smith, is in custody. Again, the whereabouts, most importantly, the whereabouts, the status of this young girl, Carlie Brucia unknown. She's in sixth grade. A lot of people hoping and praying for her. Susan, NASA had apparently, been able to identify the name tag or at least got a clearer picture of the name on the shirt. It looked like sort of a workman's shirt. And It was a small name they said. I suppose if Joseph P. Smith is the person in the video, it could be a Joe?

CANDIOTTI: Could be Joe. Could be also an alias, also known as Peter, could have been Pete. They said just a few letters, so yes. The other important thing to talk about here is the fact they have his vehicle currently being processed, as they said. That means, of course, they're looking for any possible clues that they might find, any physical evidence they might find inside that stationwagon. Possible DNA evidence. Something as simple as a hair could, in fact, help in determine whether she was definitely in that vehicle. Naturally, since we have confirmation he is in custody, talk to him, try to get as much information as they can from him presumably if he has solid information, get it from him to try to find out what happened to Carlie.

This is a little girl, we hear time and time again from friends and family who would not willingly go with a stranger, in their view. Someone who doesn't readily go up to strangers. Although, who, in their opinion, appeared to be startled by this person and agitated a bit when she was led off by him.

COOPER: And let's end this discussion by talking about Carlie Brucia and remember her and thinking about her now, hoping for her safe return at this hour. Just to reiterate, police have in custody a suspect, Joseph P. Smith, a man believed to be somehow involved in the abduction of this young girl, 11-year-old Carlie Brucia. He is in custody. We do not know about her whereabouts, but certainly it is something we are thinking about and praying about and looking forward to her safe return. We will bring you updates as we get them. That was live news conference.

We are going to take a short break. "360" continues in a moment.

(COMMERCIAL BREAK)

COOPER: Coming up in the next 20 minutes on "360" my exclusive interview with Haiti's beleaguered president, Jean-Bertrand Aristide. Find out what he says about civil unrest, political violence and the cause for his resignation.

Plus a divided nation. Split decision over same-sex marriage. We'll talk to one couple caught in the middle.

And a key witness takes the stand against Martha Stewart.

Will his testimony sink Martha Stewart? We'll take a closer look at that.

First, let's check the top stories in "The Reset."

In Sarasota, Florida, authorities say they have a suspect in custody in the abduction of 11-year-old Carlie Brucia. They identified the suspect as 37-year-old Joseph P. Smith. The girl's parents reported her missing Sunday. A surveillance camera caught an image of a man leading her away from a car wash. We're going follow this story, bring you any developments in the next couple minutes.

More than 5,000 Senate staffers will start returning to their offices tomorrow after this week's ricin scare. The deadly toxin turned up in the Dirksen building mailroom Monday causing police to padlock it as well as two other buildings. No one is reporting any symptoms of poisoning.

Senator Charles Grassly says Osama bin Laden will be caught between now and the November presidential election. The Iowa Republican tells the hill news that it will happen because the U.S. can divert more resources toward tracking down the al Qaeda leader.

COOPER: The white house will extend unemployment benefits to 375,000 people whose regular benefits have run out. Thirty-nine Republicans crossed party lines to join Democrats and pass the bill. However GOP leaders say the extension isn't necessary with an improving economy, probably won't let it become law.

The Food and Drug Administration and Johnson & Johnson worn consumers an overseas Web site is selling counterfeit birth control patches that is will not prevent pregnancy. The FDA advises your to avoid the patches and other products sold through, www.rxpharmacy.ws.

Well, now to tension in Haiti. More violence hours ago. Police fired tear gas, warning shots breaking up a protest after students angry with President Jean-Bertrand Aristide filled the streets. And government supporters struck back at the crowd throwing rocks and bottles. Nothing new about that. No injuries were reported but there are reports police detained five students. The country is in crisis, no doubt about it. The man at the center of it all, President Aristide. In a moment, my exclusive interview with him.

But first, depending on what you talk to, Aristide is either a saint or a man corrupted by power. Ten years after the U.S. restored him to power, it wasn't supposed to end up this way.

(BEGIN VIDEOTAPE)

COOPER (voice-over): When 20,000 U.S. Troops landed in Haiti in September 1994, they called it Operation Uphold Democracy. The mission, return to power Haiti's first Democratically elected president, Jean-Bertrand Aristide.

As a reporter for Channel 1 News, I covered Aristide's return. He'd been toppled by the Haitian military a few months after taking office.

(on camera): Among those who support Aristide, their belief is extraordinarily strong. That's why his return here is more of a return of a political leader. What many people say to me the return of hope in a country that has little hope the past several years.

(voice-over): That was 1994. Now in 2004, in Haiti, you don't hear much about hope.

(on camera): Ten years ago tens of thousands of people went to the streets calling for the return of president Aristide, happy, jubilant. These days many are Haitian's now are pouring to the streets once again. These men say they support President Aristide, but 10's of thousands of others are saying he must go.

(voice-over): Since September, more than 50 protestors have been killed in violent clashes with police and pro-Aristide armed thugs. The protesters say Aristide's corrupt and rigged the 2000 elections which gave him a second term.

Evans Paul, a protest organizer was once a leading figure in Aristide's party.

EVANS PAUL, PROTEST ORGANIZER (through translator): Aristide had a good vision, a good discourse, he says, but once he got into power, he changed. His actions have been very negative. He's deceived the people. I consider it betrayal.

COOPER (voice-over): Whether it's Aristide's fault or not, in ten years, little has changed in Haiti. It's still the poorest country in the western hemisphere. More than half the people are illiterate and the average life expectancy is just 52 years.

(END VIDEOTAPE)

COOPER: The man at the center of the crisis in Haiti, President Jean-Bertrand Aristide.

Coming up, same-sex marriage: a court makes a big decision. Ahead reaction from the couple that put the same-sex debate in the spotlight.

Plus, a star witness takes the stand in the Martha Stewart trial; reaction in "Justice Served."

And a little later on, we're going to have an update on the breaking news story. We have a suspect in custody in Florida in the case of a missing girl. There he is. We'll give you an update in just a few moments. We'll be right back.

(COMMERCIAL BREAK)

COOPER: Word of today's court ruling affirming gay marriage in Massachusetts removed a last inkling of doubt many gay people may have had about prospects for a legal matrimony, at least in Massachusetts. One man put down a deposit on his wedding expenses, another man told the AP, quote, "the fat lady has sung and she's singing the wedding march."

Right now, I'm joined by Dave Wilson and Rob Compton. They were part of the original legal battle that began three years ago. Dave and Rob, appreciate you joining us today. What was your reaction to today's decision?

DAVE WILSON, GAY MARRIAGE SUPPORTER: Well, we were pretty excited. We were excited, certainly, back in November. But Today was a great day, just because the SJC reaffirmed what the ruling that was set back in in November. So, this has been a great day for Rob and myself.

COOPER: Why marriage? Why is that word, that ceremony, that meaning so important to you both?

ROB COMPTON, GAY MARRIAGE SUPPORTER: I think the SJC addressed that question today when it looked at civil unions and said, clearly, they are not the same as marriage and do not provide the same benefits and protections that marriage does.

COOPER: When you heard the news about Ohio, Ohio is now the 38th state to ban same-sex marriage, just happened recently, what went through your minds?

WILSON: We've been pretty focused on Massachusetts, especially since Rob just went through hip replacement surgery and I fought very hard to be part of that decision. So, we've really stayed focus on Massachusetts. Now, we're looking forward to May 17 when we'll be able to get a license and be legally married.

COOPER: So, how do you go about this? I mean just practically, May 17 you're actually going to go down, get a license and then will you have a ceremony?

COMPTON: Yes, just like everybody else does. The 17th we'll be eligible to actually apply for it. There is a short waiting period. And then we'll go ahead and have the ceremony performed.

COOPER: Did you ever think that you would live to see this day?

COMPTON: No.

WILSON: Certainly I didn't in my lifetime. Certainly growing up African-American in this country and in Massachusetts, it never looked to me, as a gay man, I would see the opportunity to be an equal citizen with the rest of the commonwealth. So this is a wonderful day.

COMPTON: We hear that all the time from young people, especially the colleges where we speak about how this gives them hope that they can have a family and raise children, do all the things we've dreamed about doing, that is actually possible now.

COOPER: I know for people this is a controversial issue, it's a political issue. For both of you it is a personal issue. Dave Wilson and Rob Compton, thanks for talking with us.

Well, today's "Buzz" question is this, "What do you think? Do you support the legalization of same-sex marriages?" Vote now, cnn.com/360. We'll have the results at the end of the program. Well, in "Justice Served" tonight, the Martha Stewart trial. Today, Douglas Faneuil, the former assistant to Stewart's broker testified that Stewart asked to sell her Imclone stock. He says, the order came once she learned Imclone's, Sam Waksal, was selling his shares.

Joining me now to take a closer look at all this is 360 legal analyst Kimberly Guilfoyle Newsom and Carolina Buia, correspondent for "Celebrity Justice." We appreciate both of you being in the courtroom.

KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: Well, to tell you, Douglas Faneuil, he appears charismatic, self-assured. He speaks to the jury. He hardly ever looks over to Martha Stewart or Peter Bacanovic. But he does looks over the jury quite a bit. Some people think that he is a little too rehearsed and even in cross examination, one of the defense lawyers asked him, so are you taking acting lessons? Have you taken acting lessons. He said no, absolutely not.

COOPER: The testimony that's coming out now. Doug Faneuil being asked about past drug use, ecstasy, marijuana. Why does any of that matter? Why even bring that up?

That's a great question. Why is it relevant? It's basically an attempt by the defense to dirty him, undermine his credibility and his reputation.

COOPER: They're going to rip him apart.

GUILFOYLE NEWSOM: Right. The point is he didn't use any of these things at the time that he was dealing with Martha Stewart on the phone, et cetera. Bottom line is you've got a guy here who accepted responsibility pled guilty, and said I couldn't go on with my life...

COOPER: It's not like he was popping ecstasy while calling Martha Stewart on the phone. I just don't get the relevance. So it is basically just to try to destroy his character.

CAROLINA BUIA, CORRESPONDENT, "CELEBRITY JUSTICE": He claims he never did this on the job. Just occasionally, he said, maybe I smoked marijuana once a month and it was on the weekends with friends.

COOPER: In the courtroom, who is looking at whom? Is Martha Stewart staring anyone down? Is Douglas Faneuil looking at Martha Stewart or Peter Bacanovic?

BUIA: Martha Stewart occasionally looks over at Faneuil. She speaks with her lawyer, she talks to her daughter whenever there's a recess. They're both pretty stoic.

COOPER: Douglas Faneuil, how much more will the testimony go on for? The cross-examination starts, when, tomorrow?

GUILFOYLE NEWSOM: He started cross-examination today. Today was the most important day and the most damaging evidence that came out against Martha Stewart. He directly contradicts her story and Peter Bacanovic, and information came out that they tried to offer him trips, a raise in his salary, and just about everything else and told him you don't know what you're talking about. We had this stop-loss order. That's the truth.

COOPER: Carolina, you spoke with Martha Stewart's daughter today, I believe.

BUIA: Correct. She's been supporting her mother. She's her mother's best friend. She says I'm in great spirits. I'm feeling great.

COOPER: Carolina Buia and Kimberly Guilfoyle Newsom, thanks.

Happening right now in Florida. A suspect in custody in the case of a missing Florida girl. We're going to have a live update on this breaking news just ahead. We'll be right back.

(COMMERCIAL BREAK)

COOPER: Now a developing breaking news story from Sarasota, Florida. Sheriff's officials have a suspect in custody in the case of missing 11-year-old Carlie Brucia. Let's go live to Susan Candiotti for the very latest -- Susan.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Anderson, that suspect's name is Joseph Smith. According to his date of birth, he's 37 years old and has an address here in Sarasota, Florida. According to the Sarasota sheriff's office website, evidently he has been in custody according to the website, since 1:30 in the afternoon yesterday. Tuesday.

There is some information that indicates he was in custody being held on unrelated charges relating to drugs. According to the sheriff's office website, his occupation is listed as driver. Additionally, what we know is that the officers do have a station wagon that he was driving with Florida tags in custody. It is in their possession and combing it for possible evidence.

There is no word on what has happened to Carlie Brucia, this young girl we know who is missing since Sunday night. An Amber alert went out on her 24 hours later. As you know, there was important evidence, key evidence they picked up from a surveillance camera from a car wash. She was cutting through the parking lot at that car wash. NASA has been working, along with federal, state and other authorities, to try to enhance the image from that surveillance camera.

A description came from people who looked at that video. We know he had tattoos on both arms, right arm and chest and calves according to the authorities. They announced this information about a half hour ago. What everyone else wants to know is what about Carlie? Do they have information from her about that? So far he's being named as a suspect. As far as we know, he's not been charged in her disappearance. COOPER: That's an important point to make. If this is correct, he's been in custody since Tuesday at 1:30 in the afternoon. He has not been arrested, is that fair to say?

CANDIOTTI: As far as we know. Again, strictly they are calling him a suspect at this time.

COOPER: It is so interesting. I had not heard much about this vehicle prior to seeing the photo that you held up. Had that been announced that police were look for this particular vehicle?

CANDIOTTI: No. And that's part of the thing about the Amber alert system. As you might recall, you often see the signs across the highways that you travel that has vehicle information whenever a child is reported missing, but there was never information about any possible car that might be connected or linked to her disappearance. All we had was this very important piece of surveillance camera video.

How often do you have that? Apparent evidence of an abduction in progress. They were able to look at that. That, additionally, they received a phone call from someone who thought they recognized this man. So, apparently, they were able to marry that information, possibly along with any clues they received from those trying to enhance the image from the surveillance camera and locate this man.

He does have a Sarasota address. He's 37 years old. He's from this area. The car has Florida license tags. We are also looking into whether he has any other previous charges. There is some indication of that but we're working to confirm that before we report it to you.

COOPER: Susan, what do we know about this young girl's family? Have they come forward? Have they made any kind of statements? Obviously, they have not spoken in the last 30 minutes since this press conference where this information was first revealed about the suspect in custody. When was the last you heard from them?

CANDIOTTI: They've been in seclusion most of the day. I did not see the father throughout the day. I did briefly speak to Carlie's mother who is staying close to home. That's where I spoke with her. Indeed, they're still very upset about what's happened to her and not saying anything publicly so far. Naturally, people will try to find out what reaction they have from this. The police did say, naturally, that they first informed the family about this very important development.

COOPER: And of course, we want to respect their privacy at this difficult time. Their daughter is still missing. Carlie Brucia. She's 11 years old. She's a sixth grader. Any information is wanted by the police. Susan Candiotti, staying on the story all evening long. Susan, thanks very much.

We also have more breaking news. Tonight, President Bush has just released a statement in response to today's court ruling in Massachusetts on gay marriages. He calls the court's decision, and I quote, deeply troubling. Time now for "The Buzz." We asked you, do you support the legalization of same-sex marriages? Here's what you had to say. Look at the numbers. 48 percent of you said yes. We don't have it. OK. 52 percent of you said no. 48 percent of you said yes. We're having a problem with the graphic. Want to point out. Not a scientific poll, just your buzz and we appreciate it.

Normally, we do the "Nth Degree" this time but we're out of time because of all the breaking news. I'm Anderson Cooper. Coming up next, "PAULA ZAHN NOW."

END

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Marriage Ruling>