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Anderson Cooper 360 Degrees
President Bush Backs Amendment for Gay Marriage Ban; War on Terror
Aired February 24, 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)
ANDERSON COOPER, HOST (voice-over): Matrimonial mission: the president calls for a constitutional amendment to ban gay marriage. Is this for real or just raw politics?
Will gunmen try to take Haiti's capital?
Bin Ladder's deputy vows to sow death in America.
Mums the word for Martha. Stewart decides to stay silent in court.
Televised tragedy: Los Angeles watches live as police shoot a suspect to death.
And how healthy is your ticker? Amazing technology shows even news anchor can have a heart. Wait till you see mine.
(END VIDEOTAPE)
ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.
COOPER: Good evening. Welcome to 360.
A disturbing new audiotape from Osama bin Ladder's top deputy. Al Quad's number two man warns the U.S., "You haven't stopped us yet. And watch out for new terror attacks." Details on the tape coming up.
But first, President Bush today said he is backing a constitutional amendment banning same-sex marriages. An election year decision that has already set off a huge national debate.
Senior White House correspondent John King reports.
(BEGIN VIDEOTAPE)
JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT (voice-over): It is scenes like this in San Francisco that the president says left him no choice but to endorse a constitutional amendment banning gay marriage.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: A few judges and local authorities are presuming to change the most fundamental institution of civilization. Their actions have created confusion on an issue that requires clarity.
KING: The White House says Mr. Bush favors an amendment that defines marriage as between a man and a woman but lets individual states allow civil unions that give legal recognition and partnership benefits to gay couples.
BUSH: Our government should respect every person and protect the institution of marriage. There is no contradiction between these responsibilities.
KING: Such an amendment is a major priority for religious conservatives critical to Mr. Bush this election year. And Democrats were quick to accuse the president of pandering.
SEN. EDWARD KENNEDY (D), MASSACHUSETTS: It's about politics. An attempt to drive a wedge between one group of citizens and the rest of the country solely for partisan advantage.
KING: Gay rights advocates, including the Log Cabin Republicans, say the president can no longer claim to be a compassionate conservative.
UNIDENTIFIED MALE: The president has jeopardized the over one million gay and lesbian votes he received in 2000. This is really a declaration of war on gay and lesbian families.
(END VIDEOTAPE)
KING: Now, the president called on Congress to act promptly, but even many social conservative allies doubt there are enough votes in the Congress to pass an amendment this year. No doubt, however, Anderson, that the issue of gay marriage and now this proposed amendment now center stage in the president's election campaign -- Anderson.
COOPER: No doubt about it. John King, thanks very much, from the White House.
San Francisco Mayor Gavin Newsom, whose same-sex marriage marathon may have motivated the president, accused President Bush of trying to divide the nation. He said, "The truth is this is a ploy to appease the right wing of his party and change the subject from his dismal record on job creation and foreign policy. It is the president's sworn oath to uphold the Constitution and protect the civil rights of all Americans. It is a sad day when he turns on his own citizens in order to seek re-election."
And this reaction from Democratic presidential front-runner, Senator John Kerry. "While I believe marriage is between a man and a woman, for 200 years, this has been a state issue. I oppose this election year effort to amend the Constitution, and I will vote against such an amendment if it comes to the Senate floor." "I believe the best way to protect gays and lesbians," he went on to say, "is through civil unions."
A number of dramatic developments today in the war on terror to tell you about. In Washington today, CIA director George Tenet issued stern warnings about possible future attacks. Meanwhile, details about two new audiotapes purportedly from Al Qaeda. The CIA says they probably do contain the voice of Osama bin Laden's right-hand man.
Senior international correspondent Nic Robertson in Atlanta has the story.
(BEGIN VIDEOTAPE)
NIC ROBERTSON, CNN SR. INTERNATIONAL CORRESPONDENT (voice-over): Even as these Pakistani troops embark on a renewed offensive, chasing down Osama bin Laden in the lawless mountains bordering Afghanistan, two audiotapes that claim to be recorded by his deputy, Amman Al- Zawahiri, appear to have been smuggled out of the tribal region and broadcast by Arab news stations. One, a warning for the United states.
AYMAN AL-ZAWAHIRI, OSAMA BIN LADEN'S DEPUTY (through translator): Bush, protect your targets, strengthen your defenses, and heighten your security measures.
ROBERTSON: Referring to President Bush's State of the Union address in late January, claiming to have taken out two-thirds of Al Qaeda. Dating that recording to within the last month. The other, likely to cause concern for French authorities, appears to have been recorded even more recently.
UNIDENTIFIED MALE (through translator): The French president's decision to pass a law banning Muslim women from wearing the hijab, the headscarf, in schools is another proof of the crusaders' hatred toward Muslims.
ROBERTSON: Speaking in nearby Uzbekistan while on tour of the region, Defense Secretary Donald Rumsfeld dismissed Zawahiri's message and praised Pakistan's latest efforts against Al Qaeda and the Taliban.
DONALD RUMSFELD, DEFENSE SECRETARY: We are always pleased when there is an effort, a strike along that border.
ROBERTSON (on camera): Previous threats haven't always been followed by actions. However, it's unlikely that these tapes will be ignored by either the United States or France.
Nic Robertson, CNN, Atlanta.
(END VIDEOTAPE)
COOPER: Well, in Washington today, CIA director George Tenet says information about a 9/11 hijacker was not ignored.
National security correspondent David Ensor has details.
(BEGIN VIDEOTAPE)
DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): On a day when another threatening audiotape from Al Qaeda was made public, a stark assessment from the nation's intelligence chiefs of the continuing terrorist threat.
GEORGE TENET, CIA DIRECTOR: Even catastrophic attacks on the scale of 9/11 remain within Al Quad's reach. Make no mistake. These plots are hatched abroad, but they target U.S. soil and those of our allies.
ENSOR: And Tenet said Osama bin Laden's group is still trying to attack with poison, chemical, biological, nuclear, or a dirty bomb, and said even if bin Laden himself is killed or captured, the danger will remain for the foreseeable future. FBI director Robert Mueller said the terrorists' potential targets are varied.
ROBERT MUELLER, FBI DIRECTOR: Our transportation systems across the country, particularly subways, bridges, and major cities, as well as the airlines, have been a continual focus of Al Qaeda targeting.
ENSOR: Several senators had pointed questions about why U.S. intelligence said Iraq had weapons of mass destruction before the war when none have been found.
UNIDENTIFIED MALE: How can you build a policy of pre-emotion on intelligence if we were so wrong in the lead-up to the invasion on Iraq?
MUELLER: We're not perfect, but we're pretty damn good at what we do. And we care as much as you do about Iraq and whether we were right or wrong. And we're going to work through it in a way where we tell the truth as to whether we were right or wrong.
(END VIDEOTAPE)
COOPER: And David Ensor joins us now.
David, so George Tenet is saying just point blank that the information was not simply ignored about this 9/11 hijacker.
ENSOR: No. In fact, he said that the information was passed over, they looked into it, and they didn't have much. They just had the name Marwan. It turned out to be Marwan Al-Shehhi was one of the hijackers. And a phone number -- a cell phone number in the UAE that was unlisted.
They looked into it, he said. There wasn't much to go on. And, of course, unfortunately, he turned out to be one of the hijackers. This story, however, it was worth pointing out, has been around since July of last year.
COOPER: All right. David Ensor, thanks very much from Washington tonight.
Now to the fast-moving trial of Martha Stewart. Her lawyer says the home decorating mogul will not be taking the stand in her own defense, and neither will her stockbroker and co-defendant.
Here's CNN's Deborah Feyerick.
(BEGIN VIDEOTAPE)
DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): Martha Stewart's lawyer says his defense will last 15 minutes. He'll call one witness, and it won't be Martha Stewart. This, after Peter Bacanovic's team decided not to put the celebrity broker on the witness stand. A spokesman for Stewart's co-defendant saying it's a circumstantial, one-witness case.
The witness in question, Doug Faneuil, the broker's assistant who testified he lied to cover up Stewart's ImClone trade because of an unspoken agreement with the broker. Bacanovic's lawyers have repeatedly pointed out the broker never told Faneuil to lie or do anything illegal.
Prosecutors dispute that claim and say Bacanovic lied, and that his biggest client, Martha Stewart, lied too. Both of them conspiring to make up a $60 sale price to explain Stewart's questionable ImClone trade.
Prosecutors tried to undermine the testimony of one of the defense's strongest witnesses. Stewart's business manager, Heidi DeLuca, testified the $60 price had been set weeks before the trade. A fax sent in late October 2001 shows DeLuca spoke with Bacanovic about such a price.
Prosecutors tried to prove it had nothing to do with Stewart's personal account, but with Stewart's company pension fund, which had earlier sold 50,000 ImClone shares. On cross-examination, DeLuca acknowledged she got a $21,000 raise soon after telling her story to federal investigators.
(on camera): Bacanovic's lawyers plan to rest their case early Wednesday, followed quickly by lawyers for Martha Stewart. With no testimony from the star defendant herself, closing arguments could wrap by the weekend.
Deborah Feyerick, CNN, New York.
(END VIDEOTAPE)
COOPER: Right now we're following a number of developing stories "Cross Country." Let's take a look.
Washington, D.C.: more fuel for the controversy. Today, a pair of Democratic congressmen said the State Department has been asked to join a Pentagon probe into possible overcharges by a Halliburton subsidiary working in Iraq. The Pentagon announced a criminal investigation yesterday but will not confirm that the State Department is now involved.
Washington again: gun bill passage. Supporters of a new measure that insulates gun owners from catastrophic liability suits say they are confident it will pass. Opponents say the bill would throw out legitimate litigation. Compromise is said to be in the works. Vaughn, Mississippi: expanding the search. More than 60,000 flyers are being passed out in three counties with the hope that someone will have information about a family of six not seen since Valentine's Day. Police found blood droplets and bullet holes inside the Hargon family Yazoo County home.
Washington, D.C.: flunking the education secretary. The National Education Association said Rod Paige should be fired for calling their union a "terrorist organization." Paige has, of course, apologized. The White House says his job is safe.
Detroit, Michigan: lose yourself in the litigation. Eminem is suing Apple Computer, saying the company used his Oscar-winning song in its ads without his permission. That's the song right there. The suit says the rap star has never endorsed a product and that it might take $10 million for him to do so.
That is a look at stories "Cross Country" tonight.
Peace plan rejected in Haiti, and a plea for international help. We're going to have the latest on the revolt and the spreading violence.
Plus, preventing heart attacks. Dr. Sanjay Gupta and I put the latest screening technology to the test.
And a man killed by police live on TV. Have LA's chase-obsessed local TV stations finally gone too far?
All that ahead. First, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.
(COMMERCIAL BREAK)
COOPER: In Haiti tonight, opposition politicians reject a decision on a U.S.-supported peace plan that they say would leave the embattled president in office and say they will come up with their own plan. That president, of course, Jean-Bertrand Aristide, is calling on the world to come to the aid of his rebellion-racked nation. And there is late word that U.S. presidential candidate Al Sharpton plans a trip to Haiti to try and broker a peace deal.
Meanwhile, rebels continue to close in on Port-au-Prince. Fighting outside the city has left at least eight people dead. So just who are the rebels who already control half the country? Take a look.
(BEGIN VIDEOTAPE)
COOPER (voice-over): The rebellion began in Gonaives, with the so-called cannibal militia, an armed gang of some 200 thugs. They'd actually been working for Aristide, but turned against him after he allegedly got their leader assassinated.
Reports say rebels boast that only 150 of them now control Gonaives. They're armed with anything they can get their hands on, from machine guns to machetes.
The rebellion is also made up of former members of the Haitian army. The army disbanded by Aristide. One of their leaders, Louis Jodel Chamblas (ph), calls himself the comandante.
Chamblas (ph) once led the ruthless paramilitary force which murdered hundreds of Haitians in the early '90s. He recently sneaked back from exile to join the fight. It's not known exactly how many troops Chamblas (ph) has, but The New York Times reports only four truckloads of rebels were enough to seize Haiti's second largest city, Cap-Haitien.
Haiti's police force is poorly equipped and has yet to stand and fight. How all these rebels are financed is not known, but many suspect the flourishing drug smuggling industry.
(END VIDEOTAPE)
COOPER: I should point out there is a recognized opposition to Aristide. Two groups in Port-au-Prince demanding his ouster. The legal opposition, which has been negotiating with U.S. diplomats for a political compromise, insists it has nothing to do with the armed rebellion.
In northern Morocco, a nightmare. At least 564 people are dead in what is being called the worst earthquake to hit North Africa in more than 40 years. Dozens more have been injured. Mud homes flattened in several small communities in a Mediterranean port city where the mayor says most of the dead were women and children.
The death toll is expected to rise as rescuers continue searching through the rubble. All the country's resources, they say, have been mobilized to help.
We're tracking a number of developing stories around the globe right now. Let's check the "UpLink."
In the West Bank: wall clash. Palestinians continue demonstrating against Israel's controversial barrier as the International Court of Justice holds a second day of hearings on its legality. As you can see, Israeli forces fired rubber-coated metal bullets and tear gas at stone-throwing Palestinians. At least seven Palestinians were injured.
Tripoli, Libya: shocking words. Libya's Prime minister publicly denied his country's guilt in the 1988 Lockerbie bombing over Scotland. The U.S. had been planning to ease travel restrictions, but now the White House says, not so fast. It is delaying the easing of sanctions.
Niagara Falls, Canada: remarkable rescue. Look at this. Talk about in the nick of time.
Canadians rescue a woman on the brink of plunging over Canada's Horseshoe Falls. She was floating just 100 feet from the edge in the Niagara River. Crews tossed her a rope. A freelance photographer caught it all on videotape. A lot of passersby watching.
And banning bird flu. The European Union and Mexico has joined a dozen other countries banning the import of all poultry products from the U.S. Now, that includes chicken, turkey, and eggs. It follows the outbreak of a highly contagious strain of avian flu in Texas.
And that's a quick look at stories in tonight's "UpLink."
How healthy is your heart? A high-tech scan can actually tell you. Dr. Sanjay Gupta and I put the new technology to the test.
Also tonight, the star witness who won't take the stand. Find out why Martha Stewart's keeping mum in her own defense.
And a little bit later, is a constitutional amendment to ban same-sex marriages a moral crusade or simply raw politics? We'll take a look.
(COMMERCIAL BREAK)
COOPER: All right. Time for a heart-to-heart talk. It's a good time, because February is National Heart Awareness Month, and because heart disease remains America's number one killer for both men and women.
Our Dr. Sanjay Gupta showed me how some of the latest cutting- edge technology can help save lives -- Sanjay.
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Hey. You know, we didn't want to wait until something bad happens. I think so many people do that. So we decided to try and figure out if there was a problem now through this technology. But as we found out, sometimes this technology can answer a lot of questions but it can also raise a lot of questions.
(BEGIN VIDEOTAPE)
COOPER: This looks totally blocked.
GUPTA (voice-over): As healthy 30-somethings, Anderson Cooper and I shouldn't be worrying too much about our hearts as we look at sample images of heart disease. But one factor does weigh heavily on both of our minds.
(on camera): I was a little nervous.
COOPER: Were you?
GUPTA: Well, I've got a strong family history.
(voice-over): EBT, or Electron Beam Tomography is part of a new wave of non-invasive preventative heart screening.
UNIDENTIFIED MALE: We're kind of slicing you like a loaf of bread from top to bottom every few millimeters.
GUPTA: In less than 10 minutes, we found out if we might have a heart attack in the next five years.
UNIDENTIFIED MALE: I'll just go down a few levels to get to where the coronary artery is.
COOPER: That's amazing.
GUPTA: Atherosclerosis, or calcified plaques in the heart show up as bright white spots.
UNIDENTIFIED MALE: We can find blockages when it's one percent, two percent, three percent blocking the artery rather than 70 percent blockage like we talk about with a treadmill or a stress echocardiogram.
GUPTA: Typical EBT patients? People over 40 with higher risk due to family history, high cholesterol, or high blood pressure.
UNIDENTIFIED MALE: They see their own heart, their own arteries, with little white plaques building up, and that makes it real.
GUPTA: Finding it earlier may give people better reason to stop it by eating better, exercising more, and giving up smoking.
UNIDENTIFIED MALE: Breathe normally.
GUPTA: It can cost $400 to $500 for the scan and doctor's consultation, and the procedure is rarely covered by insurance. As for me and Anderson, we were concerned about our chances of having a heart attack.
UNIDENTIFIED MALE: Not to say that it's zero, but it's very close to zero.
COOPER: I'll take those lots. That's good.
GUPTA: And we'll both continue to live healthy lifestyles. But peace of mind is definitely a good thing.
(END VIDEOTAPE)
GUPTA: So it turned out all right for us, Anderson. But, you know, had there been an abnormality there, even though we're in our 30s, doctors may have been more inclined to put us on medications or even recommend a procedure such as a heart catheterization. This is really trying to weed out patients who may have a significant heart problem coming up soon.
COOPER: As you know, I'm, as you are, probably a little obsessed with this. My dad died when he was 50 of heart disease. I tend not to put all that much confidence into tests like this. I mean, can you really breathe a sigh of relief? Because there are other forms, other ways you can do damage to your heart.
GUPTA: Sure. And, you know, I did a lot of research on this because I am also somewhat obsessed with this. But the statistics will suggest that with this EBT, which is sort of this advanced CAT scan, about a 98 percent degree of accuracy in determining who is going to have a significant heart problem over the next five to 10 years.
Should you have another scan five to 10 years? Perhaps. But, you know, as far as figuring out if you have significant plaques that are going to block your arteries and cause problems, not a bad test.
COOPER: It's relatively new technology, a couple of years. Are there any drawbacks to it?
GUPTA: Well, I think one of the drawbacks is cost. I mean, you know, it's expensive, $400 to $500 for people who can't afford this. This sort of starts weeding people into have and have-nots as far as imaging goes.
But also, what if you had a little something? You know? You and I are both a little bit obsessive.
If you had a little something, you're going to chase that down, and get more and more tests, get a heart catheterization. And maybe it was nothing to worry about. Perhaps. That's a concern that you might turn what otherwise would have been trivial things into major things.
COOPER: All right. Dr. Sanjay Gupta, thanks.
GUPTA: All right. Thank you.
(BEGIN VIDEOTAPE)
COOPER (voice-over): Mum is the word for Martha. Stewart decides to stay silent in court.
And while the whole city watched live, cops in LA shoot a man dead.
360 continues.
(COMMERCIAL BREAK)
COOPER: Here's what's coming up in the next half-hour on 360.
President Bush takes on same-sex marriage. Is it morality or strategy?
Plus, killed on live television. Did local news media cross the line in Los Angeles? We'll take a closer look.
First, let's check our top stories in tonight's "Reset."
The White House investigating 9/11. Officials say National Security Adviser Condoleezza Rice is refusing to testify publicly before the commission looking into the attacks. They say she cites her role as an adviser to the president.
Also in Washington, new al Qaeda audiotape. The CIA says it is probably al Qaeda's number two man on a pair of newly released audiotapes. The voice believed to be Ayman Al-Zawahiri threatens more attacks and criticizes President Bush.
Guantanamo Bay, Cuba: war crimes charges. The Pentagon has indicted two Gitmo detainees. The two will face a military tribunal at some point. One is accused of being a former bodyguard for Osama bin Laden. The other is alleged to be a pay master for the terror group.
Morocco: deadly earthquake. The death toll from an early morning earthquake stands at 564, according to officials. The 6.5 magnitude quake hit the northern part of the country before dawn. Hundreds of people are camped out in the rain, afraid to return home because of possible aftershocks.
New York: Salvation Army lawsuit. Eighteen current and past members of the Salvation Army are suing the charity. They allege that while they worked on government-funded social programs they were pressured to follow the group's religious mission.
Washington: kids and sexually transmitted diseases. Half of all young Americans will wind up with an STD of some kind by age 25. That is according to a report from two non-profit sexual and youth health groups. The report also says there were nine million new cases of sexually transmitted diseases in people 15 to 24 in the year 2000.
That's a quick look at tonight's "Reset."
Reaction to the president's announcement that he supports a constitutional amendment banning same-sex marriages was swift, and it was loud, and it came from all sides of the debate.
CNN's David Mattingly has reaction from San Francisco -- David.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: For better or for worse.
DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): When, Ella Johnson and Erma Daniels (ph) decided to marry after years together, they wanted their I do's to be as much a political statement as a personal commitment. And just minutes after the president spoke in support of a constitutional amendment banning gay marriage they got their wish.
UNIDENTIFIED FEMALE: It just made me want to get up and rush down there faster before he made any moves, before they passed any constitutional laws or whatever.
MATTINGLY: It is a message multiplied 3200 times and climbing at San Francisco city hall, where same-sex marriages continued for an 11 day. San Francisco Mayor Gavin Newsom sharply critical, comparing the president's support for the amendment to standing in the courthouse door obstructing equal rights.
MAYOR GAVIN NEWSOM, SAN FRANCISCO: And I'll be honest with you, you know, the president, he can happily stand and fly on some aircraft carrier anytime he wants but he should keep his hands off the constitution of the United States of america.
(END VIDEOTAPE)
MATTINGLY: But opponents fighting the city in court say that they applaud the president's decision. Matthew Staver of the Liberty Council says that this is an issue that should be for the people to decide, not the courts -- Anderson.
COOPER: All right. David live in San Francisco. Thanks, David.
Amending the U.S. Constitution is easier said than done. Consider this "Fast Fact." The newest constitutional amendment, the 27th, took almost 203 years from the time it was offered to become law. First proposed by Congress on September 25th, 1789, it was finally ratified on May 7th, 1992. This amendment states that no law governing pay for members of the House and Senate can go into effect until after the succeeding Congressional election.
Well, in tonight's "Raw Politics" we look at the president's call to ban same-sex marriages through a constitutional amendment. What's behind the move, let's talk strategy.
(BEGIN VIDEOTAPE)
KELLY WALLACE, CNN CORRESPONDENT, (voice-over): The Kerry campaign wanted this to be the message of the day -- the Democratic front-runner meeting with laid-off workers in Ohio. And that is why the senator talked only briefly in front of the cameras about President Bush's move against gay marriage.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: I don't think you need a constitutional amendment. The states for 200 years have had the right to make this decision. And there is nothing to suggest that they're not up to the ability to make the decision.
WALLACE: On paper, though, a lengthier statement, accusing the president of looking for a wedge issue and toying with the United States constitution for political purposes. It is a politically difficult issue, though, for the Massachusetts senator. He opposes same-sex marriages but would only support a state constitutional amendment banning them under these circumstances.
KERRY: If the amendment provides for partnership and civil union, which I believe is the appropriate way to extend rights that would be a good amendment.
WALLACE: In Georgia John Edwards hoped this would be his photo op of the day, as he slammed the president for only referring to his Democratic rival in a speech Monday night.
SEN. JOHN EDWARDS (D-NC), Not so fast, George Bush. You don't get to decide who our nominee is.
WALLACE: But what the president did do is force Edwards and Kerry to respond to an issue that draws deep passions, especially in the south.
EDWARDS: I am against the president's constitutional amendment on gay marriage. I don't personally support gay marriage myself, but my position has always been that it's for the states to decide.
(END VIDEOTAPE)
WALLACE: Privately, aides in both camps believe the president's move shows that Mr. Bush is worried. At the same time, though, both candidates who know that winning the White House means also appealing to conservative voters hope to prevent this from becoming a central campaign issue --Anderson.
COOPER: All right, Kelly Wallace, thanks, from Cleveland.
More "Raw Politics" now. We look at the president's call to ban same-sex marriages. What is behind the move, is it a moral crusade, as many will say or is there strategy involved?
"Raw politics."
(BEGIN VIDEOTAPE)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Ages of experience have taught humanity that the commitment of a husband and wife to love and to serve one another promotes the welfare of children and the stability of society.
COOPER (voice-over): With that President Bush declared his support for a constitutional amendment banning gay marriage. But is this a moral crusade or election-year politics?
Let's talk strategy. Despite the long lines of gay couples we've seen waiting to be married in San Francisco, recent polls show that a vast majority of Americans oppose gay marriage. By calling for the constitutional amendment, the president gets to take a bold stand on an issue that clearly separates him from Democratic front-runner John Kerry, who opposes gay marriage but also opposes the amendment. An added bonus, this could divert attention from other tough issues like jobs, health care, and the economy. And perhaps, most important of all, fighting this fight will energize the Christian conservatives, who the president considers an important part of his political base. Amending the constitution is an uphill battle that can take years and may be unwinnable. He'll need two thirds of the house of representatives, two thirds of the Senate, and ratification by 3 quarters of the states. But in this case winning may not be the point. And that is definitely "Raw Politics."
(END VIDEOTAPE)
COOPER: Sixty-one delegates are up for grabs in a contest tonight in Iowa, Utah, and Hawaii. But the biggest one-day batch of delegates, no doubt about it, this primary season is online exactly one week from tonight, super Tuesday, March 2. All this week in our series 10 states five days we are looking at super Tuesday, at their states, their issues, and their agendas. Tonight, Ohio and Rhode Island and what they mean for Kerry and Edwards.
Here's CNN political analyst Carlos Swanson. Let's start with Ohio.
(BEGIN VIDEOTAPE)
COOPER: You've got 140 delegates at stakes, independents and Republicans can vote, significant. Lost nearly 67,000 jobs in 2003. That's the second most in the U.S. Obviously, jobs going to be a big issue for both these candidates.
CARLOS WATSON, CNN POLITICAL ANALYST: Very important. Three top issues there, jobs, trade, and health care.
COOPER: What does each candidate, do you think, need to do in order to win?
WATSON: For Edwards he's got to keep sounding his two America's, his economic populism and mix it with his personal bio, son of a mill worker. The other thing he's got to do is make sure he turns out any independents who might consider voting for him.
COOPER: And John Kerry.
WATSON: For John Kerry he can't act like a front-runner and you've got to turn out the labor vote. In Ohio 17 percent of workers are unionized compared with 13 percent nationally.
COOPER: You think Dick Gephardt's going to show up there?
WATSON: You'll not only potentially see Dick Gephardt, but a major endorsement tomorrow by John Glenn, the former senator.
COOPER: Let's turn to Rhode Island. You have 21 delegates at stake, independents can vote again, voted for the eventual Democratic nominee in only three of the last seven contests in history going against the grain. I suppose you can say that bodes well for Edwards.
WATSON: Except Rhode Island loves their next-door neighbors. They voted for John F. Kennedy in 1980, they voted -- 1960, Ted Kennedy in '80, Paul Tsongas in '92. This is probably John Kerry's to win and maybe win by a big margin.
COOPER: So, what does Edwards need to do to win and win well?
WATSON: Probably got to change his name to Tom Brady.
COOPER: Besides that?
WATSON: Besides that, he'd have to score huge victories in the upcoming two debates and change the whole national conversation. Look to get a Howard Dean endorsement, and then start visiting the state, which right now he's not planning on.
COOPER: Let's talk predictions, Ohio. WATSON: In a major tossup, assuming that Edwards can get endorsements from Dayton, Akron, and Cleveland newspapers, Edwards wins a narrow one.
COOPER: All right, talking about Rhode Island.
WATSON: The guy from next door, hometown cooking this time, John Kerry.
COOPER: All right. We'll put you on the spot, we'll test them out. Carlos Watson, thanks.
WATSON: You heard it all here.
(END VIDEOTAPE)
COOPER: Earlier tonight we told you about a devastating earthquake in Morocco, killed more than 500 people. But exactly two months ago another earthquake had our attention. A strong earthquake devastated the ancient Iranian city of Bam, leaving tens of thousands of people there dead and injured. The story grabbed headlines for a couple days, but it wasn't long before international attention and media interest dropped.
CNN's Matthew Chance returned to Bam and tonight reminds us "How Quickly We Forget."
(COMMERCIAL BREAK)
MATTHEW CHANCE, CNN CORRESPONDENT (voice-over): The survivors of Bam still grieving a terrible loss. Two months have passed but the pain of losing parents and children and whole families has yet to ease. There are thousands buried out here, like the nine brothers and sisters of Masama Hassani (ph).
"I miss them all so much, " she told me. This is what's left of the ancient city of Bam, once known as the emerald of the east. Its towering mud brick citadel was an almost pristine archaeological wonder. Survivors still live in desperate conditions in tents amid the dust and the debris. Well, this is the heart of the earthquake zone and the extent of the destruction is still pretty shocking. Almost every building in this area, in this city has been laid to waste. And think of the human cost as well. So far 43,000 people confirmed as dead. Another 5,000 believed to be still lying beneath this rubble. It's hard to imagine how Bam can fully recover.
Some earthquake survivors like Davoud (ph) have already begun the groundwork. He lost 11 members of his family in these buildings, including his sisters and grandchildren. Now at 67 he says he's clearing away the past and starting again again.
"I have hope. It's just my way of thinking," he says. "I have faith in god. If I didn't, how could I go on?"
Rebuilding Bam may take years, even a generation to complete. But what better tribute to the thousands who died here could the survivors ever make?
Matthew Chance, CNN, Bam, in southeastern Iran.
(END VIDEOTAPE)
COOPER: "How Quickly We Forget."
Martha Stewart in her own defense. That's coming up. Find out why she's decided not to take the stand. A surprise for a lot of people.
Also tonight, the Scott Peterson murder trial. Did he lie to reporters about his marriage?
And a little bit later on, a Los Angeles police chase live on television. Well, it ends in death. Have the media there finally gone too far? All ahead. Be right back.
(COMMERCIAL BREAK)
COOPER: OK. Time now for "Justice Served." And the big news today in the Martha Stewart trial is what she's not going to do. Lawyers are saying that neither Martha Stewart nor her former stockbroker, Peter Bacanovic, are going to take the stand. What does it all mean? How should the jury react? How does Lisa Bloom react? Let's find out. Court TV anchor Lisa Bloom joins us.
LISA BLOOM, COURT TV: Important questions.
COOPER: Were you surprised she's not going to take the stand? And Bacanovic is not going to take the stand?
BLOOM: Not surprised. Conventional wisdom is you don't put the defendant on the stand. However, I thought in this case that might be an exception, because...
COOPER: But a lot of people were saying, look, Martha Stewart is great on TV...
BLOOM: Absolutely.
COOPER: She'd speak directly to the jury.
BLOOM: Yeah, I'm one of those people. I think that she should have taken the stand. But I'm not Thomas Morvillo, her attorney, who might know a little bit more about the case than I do.
COOPER: Is it a sign that they're confident? I mean, it must be.
BLOOM: It could be -- look, Anderson, first of all, let's keep in mind the defendant never has to testify. Of course, it's a Fifth Amendment right not to testify. They absolutely do not have to. And the judge will admonish the jury, don't think about the fact that the defendant chose to exercise that right. Now, having said that, what are the reasons why defendants don't testify? If they have a prior bad act, if they have criminal history, because they could be cross-examined about that. Martha Stewart doesn't have any of that, as far as we know.
So what does that leave? Perhaps there's some incriminating facts that would be difficult for her to explain on cross-examination. Other than that, why isn't she testifying?
COOPER: Well, or she just doesn't want to -- I mean, there's a risk inherent in testifying. You could say something bad, you could get tripped up, you could make yourself look foolish. She doesn't have to do it by law.
BLOOM: She does not have to do it, but look, they're looking at it from a strategic point of view. While their defense may very well say the prosecution has to prove their case, they have not proved their case, therefore we're not putting the defendant on to testify. They're looking at this as a strategic issue. And taking into account surely what they know as to how Martha would testify. They're choosing not to have her testify. It's a big gamble, I think.
COOPER: But talk about confidence. Martha Stewart's attorney told CNN that he only needs 15 minutes for his defense and he's only going to put one witness on the stand. I mean, is that just hubris? Is that just what they say to the media?
BLOOM: Well, if you think Thomas Morvillo is going to tell CNN that I'm not confident about my case, I'm very nervous and biting my nails at night, you know, you've got something else coming.
COOPER: But no, but to be so specific and say 15 minutes. I mean, if that's true, what does that mean?
BLOOM: That means they have one witness who's going to take 15 minutes.
Now, might there be other witnesses that they don't call? We really don't know. It's all speculation. The defense doesn't have to put on a case at all. The prosecution has to prove every element of every charge. Many cases, the defendants don't put on any witnesses, don't introduce any evidence, and in closing argument they simply say the prosecution didn't prove their case.
COOPER: Today the prosecution tried to discredit Martha Stewart's business manager, who was on the stand, who basically verified the story about this sell order at 60. Did they do any damage?
BLOOM: Well, first of all, I don't think she was all that great on direct. She didn't exactly verify the story. She did have a conversation with Bacanovic, where Bacanovic suggested that he might tell Martha that she should sell at 60 or 61. It was a little bit weaker than some of the reports have indicated.
Now, on cross I think the waters were muddied. She wasn't clear about the date. She wasn't clear about whether that was Martha Stewart's personal ImClone stock or her pension ImClone stock.
This is a complex case, and that's why I keep going back to Doug Faneuil. He's the human face of this case. An underling who got caught up in a lie according to the prosecution...
COOPER: The human face and the big surprise. I mean, a lot of people had sort of said this guy's just going to fold on the stand, he's going to end up crying. But he, I mean, by all accounts, four days on the stand, he did great.
BLOOM: He was crying in his lawyer's office, according to the lawyer who testified, Faneuil's own lawyer, but there's no human face on the defense to counteract that. That's why many of us expected that Martha and Peter Bacanovic will testify. But they're not going to.
COOPER: Do you think the prosecution has proved their case?
BLOOM: I think they certainly have put forward enough evidence. I think frankly, Anderson, it's a very close case. It's a very technical case. It's a complicated case. And the jury really could go either way.
COOPER: All right. Lisa Bloom, thanks very much, from Court TV.
BLOOM: Thanks.
COOPER: Still to come this evening, a lot ahead. A police chase ends in death, and of course live on TV. It is in L.A., after all. Did the media cross the line again?
Also tonight, on "The Current," Anna Kournikova. She's not just a tennis player. She's a player, if you know what I mean. We'll be right back.
(COMMERCIAL BREAK) * COOPER: All right. Time to check in on some pop news in tonight's "Current." Let's take a look at what's going on. Tennis player Anna Kournikova turned heads this weekend in Las Vegas. What really struck onlookers at the Bellagio Hotel was who she arrived with. We hear the tennis star showed up arm in arm with Mickey Rourke. Kournikova's publicist insists they are just friends. We hope so, Anna. We really, really hope so.
Academy award excitement is growing. The red carpet arrivals are expected to be watched by millions of Americans. Already the rumor mill is turning. Will Jennifer Lopez show up in Prada? Will Uma Thurman be in Versace and will Courtney Love wear a court-ordered electronic ankle bracelet?
There's talk of remaking the "Poseidon Adventure," the flick about survivors on a capsized cruise ship. The film spawned a series of big budget disaster movies of course including "Earthquake," "Airport," and the biggest one of them all, "Glitter." My personal favorite. "Sex and the City" drew record ratings on Sunday. An estimated 10 million viewers tuned in to watch the final episode, making it the most watched sex show since Paris Hilton hit the record button. Maybe. I don't know. I don't know. Check the Nielsens on that.
A story that unfolded over the airwaves in Los Angeles, talk about ratings, could reignite an old controversy about live TV coverage. The setup sounds kind of familiar. A robber, a police chase, an L.A. news chopper, and a quest for ratings. CNN's Frank Buckley has more.
(BEGIN VIDEOTAPE)
FRANK BUCKLEY, CNN CORRESPONDENT (voice-over): The pursuit was underway as Los Angeles was waking up. The driver, an alleged armed robber who was erratic on the road.
UNIDENTIFIED FEMALE: Oh, this is so dangerous.
BUCKLEY: The pursuit was carried live on local TV, and when it ended it was hard to see that anything was amiss.
UNIDENTIFIED FEMALE: Looks like he's backing up.
UNIDENTIFIED FEMALE: He's running...
UNIDENTIFIED FEMALE: Looks like he was getting out.
BUCKLEY: In fact the suspect had fallen out of the car after being shot by police. From other news helicopters it was easier to see. On the left part of the screen smoke pours from an officer's gun as he fires. But on KTLA minutes passed before the on-air staff realized what happened. Even then they stayed with it.
UNIDENTIFIED FEMALE: Jennifer, it doesn't look like he's still alive. Do you know whether he's dead or alive?
BUCKLEY: News director Jeff Wald says it was virtually impossible for his on-air personnel to see what had occurred but he wishes the end of the pursuit had not been broadcast live.
JEFF WALD, KTLA NEWS DIRECTOR: There have been a number of things that have happened on television that if we could roll back the clock and not put on the air I think we would have.
BUCKLEY: Is this one of them?
WALD: This is one of them.
BUCKLEY: While the shooting is under investigation, its live coverage is also raising questions. Pursuits are routinely broadcast live in L.A. Law enforcement officials have called on stations to cut back on their coverage.
UNIDENTIFIED MALE: I have, you know, concerns that this amount of coverage may in fact attract people to seek that coverage. (END VIDEOTAPE)
BUCKLEY: Several TV stations covered this live. Jeff Wald speaks only for one. But he says it's his belief that his news organization has a duty to inform the public when something dangerous is happening on their streets. Anderson, he considers it a public service -- Anderson.
COOPER: All right. We'll leave it there. Frank Buckley, thanks, from L.A.
A flashback for you. On April 30, 1998, six local stations in L.A. were broadcasting live as a half-naked man set his truck on fire trapping his dog inside, and then he shot himself in the head on the freeway. The live images were viewed by more than 900,000 of the five million homes within their broadcast area. One station interrupted to children's cartoon, "Animaniacs" to show the horrific scene unfold and was later bombarded with phone calls from angry viewers.
Now to the Scott Peterson murder trial. The prosecution is making public what it calls a web of lies by the defendant. CNN's Rusty Dornin has details.
(BEGIN VIDEOTAPE)
RUSTY DORNIN, CNN CORRESPONDENT (voice-over): In papers filed this week prosecutors claim that Scott Peterson continuously lied to reporters about his marriage and his life. One major allegation is that Peterson had an affair early on in his marriage and then lied about it in an interview with Diane Sawyer. He told Sawyer Amber Frey was the only affair. Laci Peterson's stepfather says news of a second affair was no secret to the family.
Peterson's lawyer, Mark Geragos, bitterly complained to the judge Tuesday about the prosecution's new tactic, saying it looked like something out of the "National Enquirer." Prosecutors also attacked Peterson's story that his wife was walking the dog when she disappeared on Christmas Eve. They say they can prove she stopped walking the dog in the first week of November.
In another interview Peterson, appearing close to tears, said his unborn son's room was a special place. Less than three weeks after that interview police searched Peterson's house. Prosecutors claim the defendant had turned the nursery into a storage room. Allegations that made the defendant's family furious.
(END VIDEOTAPE)
COOPER: All right. We're going to get out of this piece. Obviously we are having some audio problems. We apologize for that, for Rusty Dornin's piece. Moving on tonight. Friendship is being tested in court. Coming up in the "Nth Degree," whose side are they on? The pals of the rich and famous taking the stand. That ahead.
Plus, tomorrow an exclusive interview with Cate Edwards, daughter of presidential candidate John Edwards. Stay with us. A lot ahead. (COMMERCIAL BREAK)
COOPER: Tonight, taking friendships to the "Nth Degree." Used to be a friend was someone who'd give you the shirt off his back. But these days it seems things are more complicated. Especially among people who don't need an extra shirt. The current true test of friendship seems to be what kind of pal will you be in court? Jayson Williams' friends have been devastating on the stand, contradicting what the former NBA star said happened the night his chauffeur was shot to death.
And then there's Mariana Pasternak, Martha Stewart's best friend. She got on the stand and said Martha told her Sam Waksal of Imclone was dumping his stock. Then Ms. Pasternak tried to take it back saying she may have just imagined that conversation. Not all of Martha's friends have been witnesses, however. Rosie O'Donnell and Bill Cosby, for instance, have been showing up in court to sit behind her and show their support. It's sad, really. Nowadays you don't know who your friends are until you're indicted. If it comes to that, will Michael Jackson's chimp be behind him in court or up there on the stand biting the hand that fed him?
I'm Anderson Cooper, thanks for watching. Coming up next, "PAULA ZAHN NOW."
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on Terror>
Aired February 24, 2004 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
ANDERSON COOPER, HOST (voice-over): Matrimonial mission: the president calls for a constitutional amendment to ban gay marriage. Is this for real or just raw politics?
Will gunmen try to take Haiti's capital?
Bin Ladder's deputy vows to sow death in America.
Mums the word for Martha. Stewart decides to stay silent in court.
Televised tragedy: Los Angeles watches live as police shoot a suspect to death.
And how healthy is your ticker? Amazing technology shows even news anchor can have a heart. Wait till you see mine.
(END VIDEOTAPE)
ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.
COOPER: Good evening. Welcome to 360.
A disturbing new audiotape from Osama bin Ladder's top deputy. Al Quad's number two man warns the U.S., "You haven't stopped us yet. And watch out for new terror attacks." Details on the tape coming up.
But first, President Bush today said he is backing a constitutional amendment banning same-sex marriages. An election year decision that has already set off a huge national debate.
Senior White House correspondent John King reports.
(BEGIN VIDEOTAPE)
JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT (voice-over): It is scenes like this in San Francisco that the president says left him no choice but to endorse a constitutional amendment banning gay marriage.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: A few judges and local authorities are presuming to change the most fundamental institution of civilization. Their actions have created confusion on an issue that requires clarity.
KING: The White House says Mr. Bush favors an amendment that defines marriage as between a man and a woman but lets individual states allow civil unions that give legal recognition and partnership benefits to gay couples.
BUSH: Our government should respect every person and protect the institution of marriage. There is no contradiction between these responsibilities.
KING: Such an amendment is a major priority for religious conservatives critical to Mr. Bush this election year. And Democrats were quick to accuse the president of pandering.
SEN. EDWARD KENNEDY (D), MASSACHUSETTS: It's about politics. An attempt to drive a wedge between one group of citizens and the rest of the country solely for partisan advantage.
KING: Gay rights advocates, including the Log Cabin Republicans, say the president can no longer claim to be a compassionate conservative.
UNIDENTIFIED MALE: The president has jeopardized the over one million gay and lesbian votes he received in 2000. This is really a declaration of war on gay and lesbian families.
(END VIDEOTAPE)
KING: Now, the president called on Congress to act promptly, but even many social conservative allies doubt there are enough votes in the Congress to pass an amendment this year. No doubt, however, Anderson, that the issue of gay marriage and now this proposed amendment now center stage in the president's election campaign -- Anderson.
COOPER: No doubt about it. John King, thanks very much, from the White House.
San Francisco Mayor Gavin Newsom, whose same-sex marriage marathon may have motivated the president, accused President Bush of trying to divide the nation. He said, "The truth is this is a ploy to appease the right wing of his party and change the subject from his dismal record on job creation and foreign policy. It is the president's sworn oath to uphold the Constitution and protect the civil rights of all Americans. It is a sad day when he turns on his own citizens in order to seek re-election."
And this reaction from Democratic presidential front-runner, Senator John Kerry. "While I believe marriage is between a man and a woman, for 200 years, this has been a state issue. I oppose this election year effort to amend the Constitution, and I will vote against such an amendment if it comes to the Senate floor." "I believe the best way to protect gays and lesbians," he went on to say, "is through civil unions."
A number of dramatic developments today in the war on terror to tell you about. In Washington today, CIA director George Tenet issued stern warnings about possible future attacks. Meanwhile, details about two new audiotapes purportedly from Al Qaeda. The CIA says they probably do contain the voice of Osama bin Laden's right-hand man.
Senior international correspondent Nic Robertson in Atlanta has the story.
(BEGIN VIDEOTAPE)
NIC ROBERTSON, CNN SR. INTERNATIONAL CORRESPONDENT (voice-over): Even as these Pakistani troops embark on a renewed offensive, chasing down Osama bin Laden in the lawless mountains bordering Afghanistan, two audiotapes that claim to be recorded by his deputy, Amman Al- Zawahiri, appear to have been smuggled out of the tribal region and broadcast by Arab news stations. One, a warning for the United states.
AYMAN AL-ZAWAHIRI, OSAMA BIN LADEN'S DEPUTY (through translator): Bush, protect your targets, strengthen your defenses, and heighten your security measures.
ROBERTSON: Referring to President Bush's State of the Union address in late January, claiming to have taken out two-thirds of Al Qaeda. Dating that recording to within the last month. The other, likely to cause concern for French authorities, appears to have been recorded even more recently.
UNIDENTIFIED MALE (through translator): The French president's decision to pass a law banning Muslim women from wearing the hijab, the headscarf, in schools is another proof of the crusaders' hatred toward Muslims.
ROBERTSON: Speaking in nearby Uzbekistan while on tour of the region, Defense Secretary Donald Rumsfeld dismissed Zawahiri's message and praised Pakistan's latest efforts against Al Qaeda and the Taliban.
DONALD RUMSFELD, DEFENSE SECRETARY: We are always pleased when there is an effort, a strike along that border.
ROBERTSON (on camera): Previous threats haven't always been followed by actions. However, it's unlikely that these tapes will be ignored by either the United States or France.
Nic Robertson, CNN, Atlanta.
(END VIDEOTAPE)
COOPER: Well, in Washington today, CIA director George Tenet says information about a 9/11 hijacker was not ignored.
National security correspondent David Ensor has details.
(BEGIN VIDEOTAPE)
DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): On a day when another threatening audiotape from Al Qaeda was made public, a stark assessment from the nation's intelligence chiefs of the continuing terrorist threat.
GEORGE TENET, CIA DIRECTOR: Even catastrophic attacks on the scale of 9/11 remain within Al Quad's reach. Make no mistake. These plots are hatched abroad, but they target U.S. soil and those of our allies.
ENSOR: And Tenet said Osama bin Laden's group is still trying to attack with poison, chemical, biological, nuclear, or a dirty bomb, and said even if bin Laden himself is killed or captured, the danger will remain for the foreseeable future. FBI director Robert Mueller said the terrorists' potential targets are varied.
ROBERT MUELLER, FBI DIRECTOR: Our transportation systems across the country, particularly subways, bridges, and major cities, as well as the airlines, have been a continual focus of Al Qaeda targeting.
ENSOR: Several senators had pointed questions about why U.S. intelligence said Iraq had weapons of mass destruction before the war when none have been found.
UNIDENTIFIED MALE: How can you build a policy of pre-emotion on intelligence if we were so wrong in the lead-up to the invasion on Iraq?
MUELLER: We're not perfect, but we're pretty damn good at what we do. And we care as much as you do about Iraq and whether we were right or wrong. And we're going to work through it in a way where we tell the truth as to whether we were right or wrong.
(END VIDEOTAPE)
COOPER: And David Ensor joins us now.
David, so George Tenet is saying just point blank that the information was not simply ignored about this 9/11 hijacker.
ENSOR: No. In fact, he said that the information was passed over, they looked into it, and they didn't have much. They just had the name Marwan. It turned out to be Marwan Al-Shehhi was one of the hijackers. And a phone number -- a cell phone number in the UAE that was unlisted.
They looked into it, he said. There wasn't much to go on. And, of course, unfortunately, he turned out to be one of the hijackers. This story, however, it was worth pointing out, has been around since July of last year.
COOPER: All right. David Ensor, thanks very much from Washington tonight.
Now to the fast-moving trial of Martha Stewart. Her lawyer says the home decorating mogul will not be taking the stand in her own defense, and neither will her stockbroker and co-defendant.
Here's CNN's Deborah Feyerick.
(BEGIN VIDEOTAPE)
DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): Martha Stewart's lawyer says his defense will last 15 minutes. He'll call one witness, and it won't be Martha Stewart. This, after Peter Bacanovic's team decided not to put the celebrity broker on the witness stand. A spokesman for Stewart's co-defendant saying it's a circumstantial, one-witness case.
The witness in question, Doug Faneuil, the broker's assistant who testified he lied to cover up Stewart's ImClone trade because of an unspoken agreement with the broker. Bacanovic's lawyers have repeatedly pointed out the broker never told Faneuil to lie or do anything illegal.
Prosecutors dispute that claim and say Bacanovic lied, and that his biggest client, Martha Stewart, lied too. Both of them conspiring to make up a $60 sale price to explain Stewart's questionable ImClone trade.
Prosecutors tried to undermine the testimony of one of the defense's strongest witnesses. Stewart's business manager, Heidi DeLuca, testified the $60 price had been set weeks before the trade. A fax sent in late October 2001 shows DeLuca spoke with Bacanovic about such a price.
Prosecutors tried to prove it had nothing to do with Stewart's personal account, but with Stewart's company pension fund, which had earlier sold 50,000 ImClone shares. On cross-examination, DeLuca acknowledged she got a $21,000 raise soon after telling her story to federal investigators.
(on camera): Bacanovic's lawyers plan to rest their case early Wednesday, followed quickly by lawyers for Martha Stewart. With no testimony from the star defendant herself, closing arguments could wrap by the weekend.
Deborah Feyerick, CNN, New York.
(END VIDEOTAPE)
COOPER: Right now we're following a number of developing stories "Cross Country." Let's take a look.
Washington, D.C.: more fuel for the controversy. Today, a pair of Democratic congressmen said the State Department has been asked to join a Pentagon probe into possible overcharges by a Halliburton subsidiary working in Iraq. The Pentagon announced a criminal investigation yesterday but will not confirm that the State Department is now involved.
Washington again: gun bill passage. Supporters of a new measure that insulates gun owners from catastrophic liability suits say they are confident it will pass. Opponents say the bill would throw out legitimate litigation. Compromise is said to be in the works. Vaughn, Mississippi: expanding the search. More than 60,000 flyers are being passed out in three counties with the hope that someone will have information about a family of six not seen since Valentine's Day. Police found blood droplets and bullet holes inside the Hargon family Yazoo County home.
Washington, D.C.: flunking the education secretary. The National Education Association said Rod Paige should be fired for calling their union a "terrorist organization." Paige has, of course, apologized. The White House says his job is safe.
Detroit, Michigan: lose yourself in the litigation. Eminem is suing Apple Computer, saying the company used his Oscar-winning song in its ads without his permission. That's the song right there. The suit says the rap star has never endorsed a product and that it might take $10 million for him to do so.
That is a look at stories "Cross Country" tonight.
Peace plan rejected in Haiti, and a plea for international help. We're going to have the latest on the revolt and the spreading violence.
Plus, preventing heart attacks. Dr. Sanjay Gupta and I put the latest screening technology to the test.
And a man killed by police live on TV. Have LA's chase-obsessed local TV stations finally gone too far?
All that ahead. First, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.
(COMMERCIAL BREAK)
COOPER: In Haiti tonight, opposition politicians reject a decision on a U.S.-supported peace plan that they say would leave the embattled president in office and say they will come up with their own plan. That president, of course, Jean-Bertrand Aristide, is calling on the world to come to the aid of his rebellion-racked nation. And there is late word that U.S. presidential candidate Al Sharpton plans a trip to Haiti to try and broker a peace deal.
Meanwhile, rebels continue to close in on Port-au-Prince. Fighting outside the city has left at least eight people dead. So just who are the rebels who already control half the country? Take a look.
(BEGIN VIDEOTAPE)
COOPER (voice-over): The rebellion began in Gonaives, with the so-called cannibal militia, an armed gang of some 200 thugs. They'd actually been working for Aristide, but turned against him after he allegedly got their leader assassinated.
Reports say rebels boast that only 150 of them now control Gonaives. They're armed with anything they can get their hands on, from machine guns to machetes.
The rebellion is also made up of former members of the Haitian army. The army disbanded by Aristide. One of their leaders, Louis Jodel Chamblas (ph), calls himself the comandante.
Chamblas (ph) once led the ruthless paramilitary force which murdered hundreds of Haitians in the early '90s. He recently sneaked back from exile to join the fight. It's not known exactly how many troops Chamblas (ph) has, but The New York Times reports only four truckloads of rebels were enough to seize Haiti's second largest city, Cap-Haitien.
Haiti's police force is poorly equipped and has yet to stand and fight. How all these rebels are financed is not known, but many suspect the flourishing drug smuggling industry.
(END VIDEOTAPE)
COOPER: I should point out there is a recognized opposition to Aristide. Two groups in Port-au-Prince demanding his ouster. The legal opposition, which has been negotiating with U.S. diplomats for a political compromise, insists it has nothing to do with the armed rebellion.
In northern Morocco, a nightmare. At least 564 people are dead in what is being called the worst earthquake to hit North Africa in more than 40 years. Dozens more have been injured. Mud homes flattened in several small communities in a Mediterranean port city where the mayor says most of the dead were women and children.
The death toll is expected to rise as rescuers continue searching through the rubble. All the country's resources, they say, have been mobilized to help.
We're tracking a number of developing stories around the globe right now. Let's check the "UpLink."
In the West Bank: wall clash. Palestinians continue demonstrating against Israel's controversial barrier as the International Court of Justice holds a second day of hearings on its legality. As you can see, Israeli forces fired rubber-coated metal bullets and tear gas at stone-throwing Palestinians. At least seven Palestinians were injured.
Tripoli, Libya: shocking words. Libya's Prime minister publicly denied his country's guilt in the 1988 Lockerbie bombing over Scotland. The U.S. had been planning to ease travel restrictions, but now the White House says, not so fast. It is delaying the easing of sanctions.
Niagara Falls, Canada: remarkable rescue. Look at this. Talk about in the nick of time.
Canadians rescue a woman on the brink of plunging over Canada's Horseshoe Falls. She was floating just 100 feet from the edge in the Niagara River. Crews tossed her a rope. A freelance photographer caught it all on videotape. A lot of passersby watching.
And banning bird flu. The European Union and Mexico has joined a dozen other countries banning the import of all poultry products from the U.S. Now, that includes chicken, turkey, and eggs. It follows the outbreak of a highly contagious strain of avian flu in Texas.
And that's a quick look at stories in tonight's "UpLink."
How healthy is your heart? A high-tech scan can actually tell you. Dr. Sanjay Gupta and I put the new technology to the test.
Also tonight, the star witness who won't take the stand. Find out why Martha Stewart's keeping mum in her own defense.
And a little bit later, is a constitutional amendment to ban same-sex marriages a moral crusade or simply raw politics? We'll take a look.
(COMMERCIAL BREAK)
COOPER: All right. Time for a heart-to-heart talk. It's a good time, because February is National Heart Awareness Month, and because heart disease remains America's number one killer for both men and women.
Our Dr. Sanjay Gupta showed me how some of the latest cutting- edge technology can help save lives -- Sanjay.
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Hey. You know, we didn't want to wait until something bad happens. I think so many people do that. So we decided to try and figure out if there was a problem now through this technology. But as we found out, sometimes this technology can answer a lot of questions but it can also raise a lot of questions.
(BEGIN VIDEOTAPE)
COOPER: This looks totally blocked.
GUPTA (voice-over): As healthy 30-somethings, Anderson Cooper and I shouldn't be worrying too much about our hearts as we look at sample images of heart disease. But one factor does weigh heavily on both of our minds.
(on camera): I was a little nervous.
COOPER: Were you?
GUPTA: Well, I've got a strong family history.
(voice-over): EBT, or Electron Beam Tomography is part of a new wave of non-invasive preventative heart screening.
UNIDENTIFIED MALE: We're kind of slicing you like a loaf of bread from top to bottom every few millimeters.
GUPTA: In less than 10 minutes, we found out if we might have a heart attack in the next five years.
UNIDENTIFIED MALE: I'll just go down a few levels to get to where the coronary artery is.
COOPER: That's amazing.
GUPTA: Atherosclerosis, or calcified plaques in the heart show up as bright white spots.
UNIDENTIFIED MALE: We can find blockages when it's one percent, two percent, three percent blocking the artery rather than 70 percent blockage like we talk about with a treadmill or a stress echocardiogram.
GUPTA: Typical EBT patients? People over 40 with higher risk due to family history, high cholesterol, or high blood pressure.
UNIDENTIFIED MALE: They see their own heart, their own arteries, with little white plaques building up, and that makes it real.
GUPTA: Finding it earlier may give people better reason to stop it by eating better, exercising more, and giving up smoking.
UNIDENTIFIED MALE: Breathe normally.
GUPTA: It can cost $400 to $500 for the scan and doctor's consultation, and the procedure is rarely covered by insurance. As for me and Anderson, we were concerned about our chances of having a heart attack.
UNIDENTIFIED MALE: Not to say that it's zero, but it's very close to zero.
COOPER: I'll take those lots. That's good.
GUPTA: And we'll both continue to live healthy lifestyles. But peace of mind is definitely a good thing.
(END VIDEOTAPE)
GUPTA: So it turned out all right for us, Anderson. But, you know, had there been an abnormality there, even though we're in our 30s, doctors may have been more inclined to put us on medications or even recommend a procedure such as a heart catheterization. This is really trying to weed out patients who may have a significant heart problem coming up soon.
COOPER: As you know, I'm, as you are, probably a little obsessed with this. My dad died when he was 50 of heart disease. I tend not to put all that much confidence into tests like this. I mean, can you really breathe a sigh of relief? Because there are other forms, other ways you can do damage to your heart.
GUPTA: Sure. And, you know, I did a lot of research on this because I am also somewhat obsessed with this. But the statistics will suggest that with this EBT, which is sort of this advanced CAT scan, about a 98 percent degree of accuracy in determining who is going to have a significant heart problem over the next five to 10 years.
Should you have another scan five to 10 years? Perhaps. But, you know, as far as figuring out if you have significant plaques that are going to block your arteries and cause problems, not a bad test.
COOPER: It's relatively new technology, a couple of years. Are there any drawbacks to it?
GUPTA: Well, I think one of the drawbacks is cost. I mean, you know, it's expensive, $400 to $500 for people who can't afford this. This sort of starts weeding people into have and have-nots as far as imaging goes.
But also, what if you had a little something? You know? You and I are both a little bit obsessive.
If you had a little something, you're going to chase that down, and get more and more tests, get a heart catheterization. And maybe it was nothing to worry about. Perhaps. That's a concern that you might turn what otherwise would have been trivial things into major things.
COOPER: All right. Dr. Sanjay Gupta, thanks.
GUPTA: All right. Thank you.
(BEGIN VIDEOTAPE)
COOPER (voice-over): Mum is the word for Martha. Stewart decides to stay silent in court.
And while the whole city watched live, cops in LA shoot a man dead.
360 continues.
(COMMERCIAL BREAK)
COOPER: Here's what's coming up in the next half-hour on 360.
President Bush takes on same-sex marriage. Is it morality or strategy?
Plus, killed on live television. Did local news media cross the line in Los Angeles? We'll take a closer look.
First, let's check our top stories in tonight's "Reset."
The White House investigating 9/11. Officials say National Security Adviser Condoleezza Rice is refusing to testify publicly before the commission looking into the attacks. They say she cites her role as an adviser to the president.
Also in Washington, new al Qaeda audiotape. The CIA says it is probably al Qaeda's number two man on a pair of newly released audiotapes. The voice believed to be Ayman Al-Zawahiri threatens more attacks and criticizes President Bush.
Guantanamo Bay, Cuba: war crimes charges. The Pentagon has indicted two Gitmo detainees. The two will face a military tribunal at some point. One is accused of being a former bodyguard for Osama bin Laden. The other is alleged to be a pay master for the terror group.
Morocco: deadly earthquake. The death toll from an early morning earthquake stands at 564, according to officials. The 6.5 magnitude quake hit the northern part of the country before dawn. Hundreds of people are camped out in the rain, afraid to return home because of possible aftershocks.
New York: Salvation Army lawsuit. Eighteen current and past members of the Salvation Army are suing the charity. They allege that while they worked on government-funded social programs they were pressured to follow the group's religious mission.
Washington: kids and sexually transmitted diseases. Half of all young Americans will wind up with an STD of some kind by age 25. That is according to a report from two non-profit sexual and youth health groups. The report also says there were nine million new cases of sexually transmitted diseases in people 15 to 24 in the year 2000.
That's a quick look at tonight's "Reset."
Reaction to the president's announcement that he supports a constitutional amendment banning same-sex marriages was swift, and it was loud, and it came from all sides of the debate.
CNN's David Mattingly has reaction from San Francisco -- David.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: For better or for worse.
DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): When, Ella Johnson and Erma Daniels (ph) decided to marry after years together, they wanted their I do's to be as much a political statement as a personal commitment. And just minutes after the president spoke in support of a constitutional amendment banning gay marriage they got their wish.
UNIDENTIFIED FEMALE: It just made me want to get up and rush down there faster before he made any moves, before they passed any constitutional laws or whatever.
MATTINGLY: It is a message multiplied 3200 times and climbing at San Francisco city hall, where same-sex marriages continued for an 11 day. San Francisco Mayor Gavin Newsom sharply critical, comparing the president's support for the amendment to standing in the courthouse door obstructing equal rights.
MAYOR GAVIN NEWSOM, SAN FRANCISCO: And I'll be honest with you, you know, the president, he can happily stand and fly on some aircraft carrier anytime he wants but he should keep his hands off the constitution of the United States of america.
(END VIDEOTAPE)
MATTINGLY: But opponents fighting the city in court say that they applaud the president's decision. Matthew Staver of the Liberty Council says that this is an issue that should be for the people to decide, not the courts -- Anderson.
COOPER: All right. David live in San Francisco. Thanks, David.
Amending the U.S. Constitution is easier said than done. Consider this "Fast Fact." The newest constitutional amendment, the 27th, took almost 203 years from the time it was offered to become law. First proposed by Congress on September 25th, 1789, it was finally ratified on May 7th, 1992. This amendment states that no law governing pay for members of the House and Senate can go into effect until after the succeeding Congressional election.
Well, in tonight's "Raw Politics" we look at the president's call to ban same-sex marriages through a constitutional amendment. What's behind the move, let's talk strategy.
(BEGIN VIDEOTAPE)
KELLY WALLACE, CNN CORRESPONDENT, (voice-over): The Kerry campaign wanted this to be the message of the day -- the Democratic front-runner meeting with laid-off workers in Ohio. And that is why the senator talked only briefly in front of the cameras about President Bush's move against gay marriage.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: I don't think you need a constitutional amendment. The states for 200 years have had the right to make this decision. And there is nothing to suggest that they're not up to the ability to make the decision.
WALLACE: On paper, though, a lengthier statement, accusing the president of looking for a wedge issue and toying with the United States constitution for political purposes. It is a politically difficult issue, though, for the Massachusetts senator. He opposes same-sex marriages but would only support a state constitutional amendment banning them under these circumstances.
KERRY: If the amendment provides for partnership and civil union, which I believe is the appropriate way to extend rights that would be a good amendment.
WALLACE: In Georgia John Edwards hoped this would be his photo op of the day, as he slammed the president for only referring to his Democratic rival in a speech Monday night.
SEN. JOHN EDWARDS (D-NC), Not so fast, George Bush. You don't get to decide who our nominee is.
WALLACE: But what the president did do is force Edwards and Kerry to respond to an issue that draws deep passions, especially in the south.
EDWARDS: I am against the president's constitutional amendment on gay marriage. I don't personally support gay marriage myself, but my position has always been that it's for the states to decide.
(END VIDEOTAPE)
WALLACE: Privately, aides in both camps believe the president's move shows that Mr. Bush is worried. At the same time, though, both candidates who know that winning the White House means also appealing to conservative voters hope to prevent this from becoming a central campaign issue --Anderson.
COOPER: All right, Kelly Wallace, thanks, from Cleveland.
More "Raw Politics" now. We look at the president's call to ban same-sex marriages. What is behind the move, is it a moral crusade, as many will say or is there strategy involved?
"Raw politics."
(BEGIN VIDEOTAPE)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Ages of experience have taught humanity that the commitment of a husband and wife to love and to serve one another promotes the welfare of children and the stability of society.
COOPER (voice-over): With that President Bush declared his support for a constitutional amendment banning gay marriage. But is this a moral crusade or election-year politics?
Let's talk strategy. Despite the long lines of gay couples we've seen waiting to be married in San Francisco, recent polls show that a vast majority of Americans oppose gay marriage. By calling for the constitutional amendment, the president gets to take a bold stand on an issue that clearly separates him from Democratic front-runner John Kerry, who opposes gay marriage but also opposes the amendment. An added bonus, this could divert attention from other tough issues like jobs, health care, and the economy. And perhaps, most important of all, fighting this fight will energize the Christian conservatives, who the president considers an important part of his political base. Amending the constitution is an uphill battle that can take years and may be unwinnable. He'll need two thirds of the house of representatives, two thirds of the Senate, and ratification by 3 quarters of the states. But in this case winning may not be the point. And that is definitely "Raw Politics."
(END VIDEOTAPE)
COOPER: Sixty-one delegates are up for grabs in a contest tonight in Iowa, Utah, and Hawaii. But the biggest one-day batch of delegates, no doubt about it, this primary season is online exactly one week from tonight, super Tuesday, March 2. All this week in our series 10 states five days we are looking at super Tuesday, at their states, their issues, and their agendas. Tonight, Ohio and Rhode Island and what they mean for Kerry and Edwards.
Here's CNN political analyst Carlos Swanson. Let's start with Ohio.
(BEGIN VIDEOTAPE)
COOPER: You've got 140 delegates at stakes, independents and Republicans can vote, significant. Lost nearly 67,000 jobs in 2003. That's the second most in the U.S. Obviously, jobs going to be a big issue for both these candidates.
CARLOS WATSON, CNN POLITICAL ANALYST: Very important. Three top issues there, jobs, trade, and health care.
COOPER: What does each candidate, do you think, need to do in order to win?
WATSON: For Edwards he's got to keep sounding his two America's, his economic populism and mix it with his personal bio, son of a mill worker. The other thing he's got to do is make sure he turns out any independents who might consider voting for him.
COOPER: And John Kerry.
WATSON: For John Kerry he can't act like a front-runner and you've got to turn out the labor vote. In Ohio 17 percent of workers are unionized compared with 13 percent nationally.
COOPER: You think Dick Gephardt's going to show up there?
WATSON: You'll not only potentially see Dick Gephardt, but a major endorsement tomorrow by John Glenn, the former senator.
COOPER: Let's turn to Rhode Island. You have 21 delegates at stake, independents can vote again, voted for the eventual Democratic nominee in only three of the last seven contests in history going against the grain. I suppose you can say that bodes well for Edwards.
WATSON: Except Rhode Island loves their next-door neighbors. They voted for John F. Kennedy in 1980, they voted -- 1960, Ted Kennedy in '80, Paul Tsongas in '92. This is probably John Kerry's to win and maybe win by a big margin.
COOPER: So, what does Edwards need to do to win and win well?
WATSON: Probably got to change his name to Tom Brady.
COOPER: Besides that?
WATSON: Besides that, he'd have to score huge victories in the upcoming two debates and change the whole national conversation. Look to get a Howard Dean endorsement, and then start visiting the state, which right now he's not planning on.
COOPER: Let's talk predictions, Ohio. WATSON: In a major tossup, assuming that Edwards can get endorsements from Dayton, Akron, and Cleveland newspapers, Edwards wins a narrow one.
COOPER: All right, talking about Rhode Island.
WATSON: The guy from next door, hometown cooking this time, John Kerry.
COOPER: All right. We'll put you on the spot, we'll test them out. Carlos Watson, thanks.
WATSON: You heard it all here.
(END VIDEOTAPE)
COOPER: Earlier tonight we told you about a devastating earthquake in Morocco, killed more than 500 people. But exactly two months ago another earthquake had our attention. A strong earthquake devastated the ancient Iranian city of Bam, leaving tens of thousands of people there dead and injured. The story grabbed headlines for a couple days, but it wasn't long before international attention and media interest dropped.
CNN's Matthew Chance returned to Bam and tonight reminds us "How Quickly We Forget."
(COMMERCIAL BREAK)
MATTHEW CHANCE, CNN CORRESPONDENT (voice-over): The survivors of Bam still grieving a terrible loss. Two months have passed but the pain of losing parents and children and whole families has yet to ease. There are thousands buried out here, like the nine brothers and sisters of Masama Hassani (ph).
"I miss them all so much, " she told me. This is what's left of the ancient city of Bam, once known as the emerald of the east. Its towering mud brick citadel was an almost pristine archaeological wonder. Survivors still live in desperate conditions in tents amid the dust and the debris. Well, this is the heart of the earthquake zone and the extent of the destruction is still pretty shocking. Almost every building in this area, in this city has been laid to waste. And think of the human cost as well. So far 43,000 people confirmed as dead. Another 5,000 believed to be still lying beneath this rubble. It's hard to imagine how Bam can fully recover.
Some earthquake survivors like Davoud (ph) have already begun the groundwork. He lost 11 members of his family in these buildings, including his sisters and grandchildren. Now at 67 he says he's clearing away the past and starting again again.
"I have hope. It's just my way of thinking," he says. "I have faith in god. If I didn't, how could I go on?"
Rebuilding Bam may take years, even a generation to complete. But what better tribute to the thousands who died here could the survivors ever make?
Matthew Chance, CNN, Bam, in southeastern Iran.
(END VIDEOTAPE)
COOPER: "How Quickly We Forget."
Martha Stewart in her own defense. That's coming up. Find out why she's decided not to take the stand. A surprise for a lot of people.
Also tonight, the Scott Peterson murder trial. Did he lie to reporters about his marriage?
And a little bit later on, a Los Angeles police chase live on television. Well, it ends in death. Have the media there finally gone too far? All ahead. Be right back.
(COMMERCIAL BREAK)
COOPER: OK. Time now for "Justice Served." And the big news today in the Martha Stewart trial is what she's not going to do. Lawyers are saying that neither Martha Stewart nor her former stockbroker, Peter Bacanovic, are going to take the stand. What does it all mean? How should the jury react? How does Lisa Bloom react? Let's find out. Court TV anchor Lisa Bloom joins us.
LISA BLOOM, COURT TV: Important questions.
COOPER: Were you surprised she's not going to take the stand? And Bacanovic is not going to take the stand?
BLOOM: Not surprised. Conventional wisdom is you don't put the defendant on the stand. However, I thought in this case that might be an exception, because...
COOPER: But a lot of people were saying, look, Martha Stewart is great on TV...
BLOOM: Absolutely.
COOPER: She'd speak directly to the jury.
BLOOM: Yeah, I'm one of those people. I think that she should have taken the stand. But I'm not Thomas Morvillo, her attorney, who might know a little bit more about the case than I do.
COOPER: Is it a sign that they're confident? I mean, it must be.
BLOOM: It could be -- look, Anderson, first of all, let's keep in mind the defendant never has to testify. Of course, it's a Fifth Amendment right not to testify. They absolutely do not have to. And the judge will admonish the jury, don't think about the fact that the defendant chose to exercise that right. Now, having said that, what are the reasons why defendants don't testify? If they have a prior bad act, if they have criminal history, because they could be cross-examined about that. Martha Stewart doesn't have any of that, as far as we know.
So what does that leave? Perhaps there's some incriminating facts that would be difficult for her to explain on cross-examination. Other than that, why isn't she testifying?
COOPER: Well, or she just doesn't want to -- I mean, there's a risk inherent in testifying. You could say something bad, you could get tripped up, you could make yourself look foolish. She doesn't have to do it by law.
BLOOM: She does not have to do it, but look, they're looking at it from a strategic point of view. While their defense may very well say the prosecution has to prove their case, they have not proved their case, therefore we're not putting the defendant on to testify. They're looking at this as a strategic issue. And taking into account surely what they know as to how Martha would testify. They're choosing not to have her testify. It's a big gamble, I think.
COOPER: But talk about confidence. Martha Stewart's attorney told CNN that he only needs 15 minutes for his defense and he's only going to put one witness on the stand. I mean, is that just hubris? Is that just what they say to the media?
BLOOM: Well, if you think Thomas Morvillo is going to tell CNN that I'm not confident about my case, I'm very nervous and biting my nails at night, you know, you've got something else coming.
COOPER: But no, but to be so specific and say 15 minutes. I mean, if that's true, what does that mean?
BLOOM: That means they have one witness who's going to take 15 minutes.
Now, might there be other witnesses that they don't call? We really don't know. It's all speculation. The defense doesn't have to put on a case at all. The prosecution has to prove every element of every charge. Many cases, the defendants don't put on any witnesses, don't introduce any evidence, and in closing argument they simply say the prosecution didn't prove their case.
COOPER: Today the prosecution tried to discredit Martha Stewart's business manager, who was on the stand, who basically verified the story about this sell order at 60. Did they do any damage?
BLOOM: Well, first of all, I don't think she was all that great on direct. She didn't exactly verify the story. She did have a conversation with Bacanovic, where Bacanovic suggested that he might tell Martha that she should sell at 60 or 61. It was a little bit weaker than some of the reports have indicated.
Now, on cross I think the waters were muddied. She wasn't clear about the date. She wasn't clear about whether that was Martha Stewart's personal ImClone stock or her pension ImClone stock.
This is a complex case, and that's why I keep going back to Doug Faneuil. He's the human face of this case. An underling who got caught up in a lie according to the prosecution...
COOPER: The human face and the big surprise. I mean, a lot of people had sort of said this guy's just going to fold on the stand, he's going to end up crying. But he, I mean, by all accounts, four days on the stand, he did great.
BLOOM: He was crying in his lawyer's office, according to the lawyer who testified, Faneuil's own lawyer, but there's no human face on the defense to counteract that. That's why many of us expected that Martha and Peter Bacanovic will testify. But they're not going to.
COOPER: Do you think the prosecution has proved their case?
BLOOM: I think they certainly have put forward enough evidence. I think frankly, Anderson, it's a very close case. It's a very technical case. It's a complicated case. And the jury really could go either way.
COOPER: All right. Lisa Bloom, thanks very much, from Court TV.
BLOOM: Thanks.
COOPER: Still to come this evening, a lot ahead. A police chase ends in death, and of course live on TV. It is in L.A., after all. Did the media cross the line again?
Also tonight, on "The Current," Anna Kournikova. She's not just a tennis player. She's a player, if you know what I mean. We'll be right back.
(COMMERCIAL BREAK) * COOPER: All right. Time to check in on some pop news in tonight's "Current." Let's take a look at what's going on. Tennis player Anna Kournikova turned heads this weekend in Las Vegas. What really struck onlookers at the Bellagio Hotel was who she arrived with. We hear the tennis star showed up arm in arm with Mickey Rourke. Kournikova's publicist insists they are just friends. We hope so, Anna. We really, really hope so.
Academy award excitement is growing. The red carpet arrivals are expected to be watched by millions of Americans. Already the rumor mill is turning. Will Jennifer Lopez show up in Prada? Will Uma Thurman be in Versace and will Courtney Love wear a court-ordered electronic ankle bracelet?
There's talk of remaking the "Poseidon Adventure," the flick about survivors on a capsized cruise ship. The film spawned a series of big budget disaster movies of course including "Earthquake," "Airport," and the biggest one of them all, "Glitter." My personal favorite. "Sex and the City" drew record ratings on Sunday. An estimated 10 million viewers tuned in to watch the final episode, making it the most watched sex show since Paris Hilton hit the record button. Maybe. I don't know. I don't know. Check the Nielsens on that.
A story that unfolded over the airwaves in Los Angeles, talk about ratings, could reignite an old controversy about live TV coverage. The setup sounds kind of familiar. A robber, a police chase, an L.A. news chopper, and a quest for ratings. CNN's Frank Buckley has more.
(BEGIN VIDEOTAPE)
FRANK BUCKLEY, CNN CORRESPONDENT (voice-over): The pursuit was underway as Los Angeles was waking up. The driver, an alleged armed robber who was erratic on the road.
UNIDENTIFIED FEMALE: Oh, this is so dangerous.
BUCKLEY: The pursuit was carried live on local TV, and when it ended it was hard to see that anything was amiss.
UNIDENTIFIED FEMALE: Looks like he's backing up.
UNIDENTIFIED FEMALE: He's running...
UNIDENTIFIED FEMALE: Looks like he was getting out.
BUCKLEY: In fact the suspect had fallen out of the car after being shot by police. From other news helicopters it was easier to see. On the left part of the screen smoke pours from an officer's gun as he fires. But on KTLA minutes passed before the on-air staff realized what happened. Even then they stayed with it.
UNIDENTIFIED FEMALE: Jennifer, it doesn't look like he's still alive. Do you know whether he's dead or alive?
BUCKLEY: News director Jeff Wald says it was virtually impossible for his on-air personnel to see what had occurred but he wishes the end of the pursuit had not been broadcast live.
JEFF WALD, KTLA NEWS DIRECTOR: There have been a number of things that have happened on television that if we could roll back the clock and not put on the air I think we would have.
BUCKLEY: Is this one of them?
WALD: This is one of them.
BUCKLEY: While the shooting is under investigation, its live coverage is also raising questions. Pursuits are routinely broadcast live in L.A. Law enforcement officials have called on stations to cut back on their coverage.
UNIDENTIFIED MALE: I have, you know, concerns that this amount of coverage may in fact attract people to seek that coverage. (END VIDEOTAPE)
BUCKLEY: Several TV stations covered this live. Jeff Wald speaks only for one. But he says it's his belief that his news organization has a duty to inform the public when something dangerous is happening on their streets. Anderson, he considers it a public service -- Anderson.
COOPER: All right. We'll leave it there. Frank Buckley, thanks, from L.A.
A flashback for you. On April 30, 1998, six local stations in L.A. were broadcasting live as a half-naked man set his truck on fire trapping his dog inside, and then he shot himself in the head on the freeway. The live images were viewed by more than 900,000 of the five million homes within their broadcast area. One station interrupted to children's cartoon, "Animaniacs" to show the horrific scene unfold and was later bombarded with phone calls from angry viewers.
Now to the Scott Peterson murder trial. The prosecution is making public what it calls a web of lies by the defendant. CNN's Rusty Dornin has details.
(BEGIN VIDEOTAPE)
RUSTY DORNIN, CNN CORRESPONDENT (voice-over): In papers filed this week prosecutors claim that Scott Peterson continuously lied to reporters about his marriage and his life. One major allegation is that Peterson had an affair early on in his marriage and then lied about it in an interview with Diane Sawyer. He told Sawyer Amber Frey was the only affair. Laci Peterson's stepfather says news of a second affair was no secret to the family.
Peterson's lawyer, Mark Geragos, bitterly complained to the judge Tuesday about the prosecution's new tactic, saying it looked like something out of the "National Enquirer." Prosecutors also attacked Peterson's story that his wife was walking the dog when she disappeared on Christmas Eve. They say they can prove she stopped walking the dog in the first week of November.
In another interview Peterson, appearing close to tears, said his unborn son's room was a special place. Less than three weeks after that interview police searched Peterson's house. Prosecutors claim the defendant had turned the nursery into a storage room. Allegations that made the defendant's family furious.
(END VIDEOTAPE)
COOPER: All right. We're going to get out of this piece. Obviously we are having some audio problems. We apologize for that, for Rusty Dornin's piece. Moving on tonight. Friendship is being tested in court. Coming up in the "Nth Degree," whose side are they on? The pals of the rich and famous taking the stand. That ahead.
Plus, tomorrow an exclusive interview with Cate Edwards, daughter of presidential candidate John Edwards. Stay with us. A lot ahead. (COMMERCIAL BREAK)
COOPER: Tonight, taking friendships to the "Nth Degree." Used to be a friend was someone who'd give you the shirt off his back. But these days it seems things are more complicated. Especially among people who don't need an extra shirt. The current true test of friendship seems to be what kind of pal will you be in court? Jayson Williams' friends have been devastating on the stand, contradicting what the former NBA star said happened the night his chauffeur was shot to death.
And then there's Mariana Pasternak, Martha Stewart's best friend. She got on the stand and said Martha told her Sam Waksal of Imclone was dumping his stock. Then Ms. Pasternak tried to take it back saying she may have just imagined that conversation. Not all of Martha's friends have been witnesses, however. Rosie O'Donnell and Bill Cosby, for instance, have been showing up in court to sit behind her and show their support. It's sad, really. Nowadays you don't know who your friends are until you're indicted. If it comes to that, will Michael Jackson's chimp be behind him in court or up there on the stand biting the hand that fed him?
I'm Anderson Cooper, thanks for watching. Coming up next, "PAULA ZAHN NOW."
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