Return to Transcripts main page
Anderson Cooper 360 Degrees
Amber Frey Testifies; Bush Chooses Goss to Lead CIA; Marines, Shiite Militiamen Battle for Najaf
Aired August 10, 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.
ANDERSON COOPER, HOST: Good evening. I'm Anderson Cooper.
The other woman in Scott Peterson's life finally takes the stand. Why have prosecutors pinned their hopes on Amber Frey?
360 starts now.
Amber Frey, the prosecution's star witness, takes the stand. Key evidence, her secretly taped phone conversations with Scott Peterson. But what, if anything, do they prove?
The president picks his choice for top spy. Will Porter Goss be the boss of the CIA? The Democrats say they have their doubts.
Blood and bullets in Najaf. Street by street, Marines fighting hard. We're embedded on the front line and take you to the heart of the battle.
Deadly dosage. A father tries to help his two kids with cough syrup, but they end up dead. A cautionary tale about what may be in your medicine cabinet.
Donald Trump files for bankruptcy for his casinos. The board says, Trump, you're fired. Is the Donald's empire more fiction than fact?
And weighing life or death in the jury room. For the first time ever, cameras record how jurors decide a capital case. A man's life hangs in the balance.
ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.
COOPER: And good evening to you.
We begin tonight with the trial that has, for reasons not entirely clear, captured much of America's attention, perhaps because the victim was young and pretty and pregnant, or perhaps because the man accused of the crime told lies and cheated and gave interviews.
Today, in the trial of Scott Peterson, the prosecution brought out their star witness, Amber Frey, the other woman in Scott Peterson's tangled life. Their relationship started as a blind date. The question for the jury, was it really a motive for murder?
All day long, Amber Frey has been revealing the intimate details of their affair, a tawdry tale of love and lies and betrayal.
CNN's Ted Rowlands has the latest.
(BEGIN VIDEOTAPE)
TED ROWLANDS, CNN CORRESPONDENT (voice-over): Shielding her face in the back seat, Amber Frey was driven into the courthouse garage this morning.
The packed courtroom was silent as Frey recounted her whirlwind romance with Scott Peterson that started with a blind date about a month before Peterson's wife was reported missing. Frey said Peterson surprised her with champagne and strawberries and they were intimate that night. On other dates, he showered her with gifts and romantic gestures, and on one occasion, she said he took care of her then nearly 2-year-old daughter.
The jury sauce photos of Frey and Peterson from what Frey says was a formal Christmas party the two attended. The jury has seen this photo the same night his pregnant wife at another party alone.
Frey testified that Peterson lied about being married, about where he lived, trips he supposedly had taken, and, at one point, she said that he had told her that he, quote, "lost his wife."
GLORIA ALLRED, AMBER FREY'S ATTORNEY: I think what's most important are Scott Peterson's lies and the double life that he was leading.
ROWLANDS: Amber Frey says she found out December 29 that Scott Peterson was married. The next day, she talked to police and agreed to start recording her phone calls with Peterson. This afternoon, jurors heard the first of what are expected to be hours of those recordings.
The defense says Frey and Peterson had only four dates. Today, Scott Peterson's sister called Frey a sideshow.
SUSAN CAUDILLO, PETERSON'S SISTER: I mean, we all know he had an affair. That's not the issue here, you know? The issue is about Laci. And I don't think the two are connected whatsoever.
UNIDENTIFIED FEMALE: One, zero, seven.
ROWLANDS: More than 250 people showed up for a lottery this morning to see who would sit in the 28 public seats in the courtroom.
(END VIDEOTAPE)
ROWLANDS: Late this afternoon, prosecutors played a tape that was recorded on New Year's Eve, where Peterson claimed he was in Paris, France, enjoying a fireworks show at the Eiffel Tower.
Court is out for the day. Amber Frey is expected to be on the stand for at least a week, Anderson. COOPER: And Ted, I know you were in the courtroom throughout the day. We'll talk to you a little bit later on 360 about some details of what you saw in the court today. Thanks very much, Ted.
Also just got some video of Amber Frey as she's leaving the courtroom. Let's show this. This is a video which just came into CNN. Amber Frey there on the left, a little bit blocked, her lawyer, Gloria Allred, on the right in the red. Obviously she is under heavy security as she goes to and forth. She arrived by vehicle, her face obscured. This just in, Amber Frey leaving the courthouse.
Well, today, in another high-profile case, another potentially big development. The young woman who has accused Kobe Bryant of rape is now pursuing civil charges against the NBA superstar, the dollar amount unspecified.
CNN's Gary Tuchman is following this story.
(BEGIN VIDEOTAPE)
GARY TUCHMAN, CNN CORRESPONDENT (voice-over): The woman who says Kobe Bryant raped her will be asking the federal court for some of his money. In a civil lawsuit filed at the federal courthouse in Denver, the woman referred to as Jane Doe asks for "damages in an amount which shall be shown to be reasonable and just by the evidence."
Last week, one of the woman's attorneys, John Clune, told CNN that she was thinking of not going forward with the criminal case because of mistakes that had been made by the court. This could be the first step toward that happening.
As of now, though, the criminal trial is still scheduled to begin on August 27, but the case has now entered the world of civil justice, in which the standard of proof is much lower. In the civil lawsuit, harsh allegations about the basketball star that have not been brought up publicly in the criminal case are now being alleged. "Defendant Bryant has a history of attempting to commit similar acts of violent sexual assault on females he has just met and has thereby established a pattern and practice of such unlawful acts."
Normally, such an allegation would warrant a response from opposing attorneys, but because of the gag order, Bryant's lawyers have not spoken on the record to reporters since this case began.
(END VIDEOTAPE)
TUCHMAN: And that continues today. We just talked to an associate in the lawyer's office. They say that Kobe Bryant's attorneys are aware of the civil lawsuit, but don't want to comment about it. However, we do expect to learn their reaction to it, because they have to file legal papers reacting to the lawsuit that came out today.
Anderson, back to you.
COOPER: All right. Gary Tuchman, live from Atlanta, thanks, Gary.
Covering the case for us tonight, Court TV anchor Lisa Bloom.
Lisa, good to see you, as always.
LISA BLOOM, ANCHOR, COURT TV: Hi, Anderson.
COOPER: Is this the beginning of the end of the criminal trial against Kobe Bryant?
BLOOM: It has to be. I mean, Anderson, while the minor court errors may have been a slap in the face of this victim, may have been minor violations of her privacy, this is suicide.
COOPER: Releasing information about her on the Internet (UNINTELLIGIBLE).
BLOOM: Disclosing her name on the court Web site, Anderson, which is really only read by members of the media. No one in the mainstream media has disclosed her name. So really, I see that as no harm, no foul.
On the other hand, filing a civil case on the eve of a criminal trial, that is suicide. That plays right into the hands of the defense. This defense team has said by her receiving less than $20,000 in victim's compensation funds...
COOPER: They were (UNINTELLIGIBLE)...
BLOOM: ... she had economic motive.
COOPER: ... right.
BLOOM: Well, what about millions of dollars in a civil case being sought on the eve of trial? I mean, the criminal case is over, as far as I'm concerned. And it's been ruined by the victim's own civil attorneys choosing this time, for no particular reason, to file the civil case.
COOPER: But couldn't, I mean, couldn't prosecutors have said to her, Just wait? I mean, why do it now?
BLOOM: I'm sure they did, if they had a chance to wait. And there -- look, I used to handle these victims' case on behalf of people very much like her. There is no reason to file a case now. There's no pending statute of limitations. You wait until the criminal case plays out, then you file the civil case.
The only possible thing that can be going on here is that they intend to have her pull out of the criminal case entirely, and they're using this as leverage to force the prosecution to drop the case. Otherwise, it makes no sense at all.
COOPER: Interesting. Lisa Bloom, thanks very much.
Well, a hurricane could spoil summer fun in the Florida panhandle. That story tops our look at what's going on cross-country tonight. Let's take a look.
The Gulf of Mexico, Bonnie on the move, the tropical storm is gathering strength and will likely be a hurricane before it makes landfall Thursday. Now, somewhere between New Orleans and Tampa, Florida. At this point can't be any more specific.
Washington, D.C., a key interest rate going up. The Federal Reserve raised the federal funds rate a quarter-point, despite weak job growth in July. The Fed says it believes the economy will pick up after the current slowdown.
In New York, convicted killer thrown out of a halfway house. Former attorney Joel Steinberg, who served 17 years in prison for killing his adopted daughter, apparently broke an agreement he had with the halfway house to not speak with the media. An interview with Steinberg appears in this week's "New York" magazine.
Houston, Texas, joining the conga onstage, check this out, a fan grabbed Gloria Estefan during a show, proceeded to dance with her until bodyguards helped him off the stage. Estefan kept singing throughout the incident.
That's a quick look at stories cross-country tonight.
360 next.
We are just told there is a presser with Gloria Allred right now, Amber Frey's attorney. Let's listen.
ALLRED: She has done very well. This is the first day. One of the pieces of evidence that really was of great interest to me, among other pieces, of course, were the tape-recorded phone calls that Amber made at the request of law enforcement, who immediately requested it after she contacted Modesto PD. And at the end of the day, we heard some of those recorded phone calls.
The ones that were of particular interest to me were December 31. Why? Because it was supposed to be Scott Peterson's New Year's Eve. According to Scott Peterson, he was in Paris at the Eiffel Tower, his friend Pasquale. Actually, for those of us who remember December 31 and significance in this case, it's no laughing matter, because December 31 happens to be the date of the vigil for Laci and Conner, may they rest in peace.
And there were volunteers out there searching, the volunteers setting up for that vigil, and for the search for Laci and Conner. And Scott Peterson, according to testimony, was there, but what was he doing? Was he the grieving husband? It doesn't appear so. If you listen to his voice on the telephone recorded conversations, he sounds like a just happy, carefree bachelor in New Year's Eve for Paris, in Paris, calling his loved one, Amber, and saying, Miss Yasser Arafat. That was Scott.
Why wasn't he what everyone expected, the grieving husband? Did he really care if Laci was missing? Was he happy if Laci was missing? The jury's going to have to make those decisions for themselves. So that's what I thought was most significant, were those phone calls.
UNIDENTIFIED FEMALE: How will the defense counter this?
ALLRED: Well, Mr. Peterson has a highly paid defense team, and he's the one with the huge entourage, well funded. You know, I don't know what theory du jour they'll come up with. They're going to need to really, really stretch to come up with one on this one. So, you know, let them put their imaginations to work once again. They've had extremely active imaginations in the past. Let's see what kind of creativity they can try to apply to this one.
It's going to be difficult, because we have Scott's own words on the tape recordings. Hi, Amber, miss Yasser Arafat, I'm at the Eiffel Tower.
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) like in the front row, second row, next to (UNINTELLIGIBLE) family, how (UNINTELLIGIBLE) talk about what she spoke about, and can you talk about her sitting (UNINTELLIGIBLE)...
ALLRED: Amber sitting close to them?
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE).
ALLRED: Of course, that's the prosecution's side of the courtroom, so Amber was sitting there when she was not on the witness stand testifying.
UNIDENTIFIED FEMALE: Did she talk to Sharon today?
ALLRED: I don't believe that she spoke to Sharon today. I personally found it really heartbreaking, because I was sitting behind Sharon, and I could see her crying, sobbing, and with a tissue trying to wipe the tears and trying to control her tears, and this was especially when those tape-recorded telephone calls were being played with Scott on New Year's Eve calling his sweetheart.
That sweetheart was Amber Frey, at least that's what he called her on a number of telephone calls, sweetheart. And, of course, sweethearts do try to call each other on New Year's Eve.
I also thought that it was significant today that Amber testified that Scott did appear to be speaking about the future together. And that he would have more time for her, with her, at the end of January, supposedly when he returned from Europe and changed his business plans, so that he would then in the future be able to have more time with her.
We of course know he was not in Europe.
UNIDENTIFIED MALE: (UNINTELLIGIBLE) concerned about your client (UNINTELLIGIBLE) pleased with her testimony thus far (UNINTELLIGIBLE)...
COOPER: You've been listening to Gloria Allred, who's the attorney for Amber Frey, who spoke today on the witness stand for the first time. Really, the prosecution's star witness in the Scott Peterson case.
Gloria Allred recounting some of what can be heard on these recorded phone calls made by Amber Frey with Scott Peterson, in particular Gloria Allred talking about a New Year's Eve call December 31, the day a vigil was going on for Laci Peterson, as people, volunteers, were still out combing the Modesto area searching for Laci Peterson, Scott Peterson apparently calling his mistress, Amber Frey, claiming he was in Paris, wishing her a good New Year's.
We'll have more coverage of this at the half hour.
360 next, taking charge of the CIA. President Bush picks a former undercover operative to lead the spy agency. Will the Democrats go along?
Also, a bird's-eye view of a landslide. A fast-moving wall of dirt gives way. We'll show you what happened. Remarkable images there.
All that ahead. First, let's take a look at your picks, the most popular stories right now on CNN.com.
(COMMERCIAL BREAK)
COOPER: Well, you may not know Porter Goss, but he's a man who's led many lives. Before becoming the current chairman of the House Intelligence Committee, this eight-term congressman from Florida was a CIA operative working undercover during the turbulence of the 1960s.
Today Goss was asked to begin a whole new life. President Bush tapped him to be the CIA's next director. This is an election year, however, and his confirmation is hardly guaranteed.
Elaine Quijano is at the White House tonight.
(BEGIN VIDEOTAPE)
ELAINE QUIJANO, CNN WHITE HOUSE CORRESPONDENT (voice-over): In announcing his nomination of Porter Goss to head up the Central Intelligence Agency, President Bush pointed to Goss's experience as a CIA operative in the 1960s.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: He knows the CIA inside and out. He's the right man to lead this important agency at this critical moment in our nation's history.
QUIJANO: A Florida Republican congressman, Goss has charged the House Intelligence Committee for eight years. And while President Bush says his nominee has the respect of both political parties, some Democrats worry that Goss, a strong supporter of the president, may be too partisan for the position. That could mean a tough confirmation process for Goss in the Senate.
If he is chosen, the congressman would walk into the CIA director's job at a time when pressure is mounting on the Bush administration to act quickly on the September 11 commission's recommendations for intelligence reform.
Mr. Bush's Democratic rival, John Kerry, in a written statement, suggested the president still needed to take other actions in the war on terrorism, saying, "This is a key position in fighting the war on terror and should not be left vacant. But the most important position is one that hasn't been created yet, national intelligence director, with real control of budgets and personnel."
(END VIDEOTAPE)
QUIJANO: In choosing Goss, President Bush passed up acting CIA director John McLaughlin, who took over when George Tenet resigned. Now, Mr. Bush, in making the decision to try to fill the post before the election, may quiet some of his critics, who say the country needs a permanent CIA director in the terrorism fight, Anderson.
COOPER: Elaine Quijano at the White House. Thanks, Elaine.
In Najaf today, in Iraq, U.S. forces pounded insurgent positions from the air, while on the ground, Marines were faced with the prospect of fighting in a political and religious minefield. The battle today moved to the city's sacred cemetery, and with the permission of the governor of Najaf, the Marines found themselves fighting and killing on holy ground.
CNN's Matthew Chance is embedded with the Marines.
(BEGIN VIDEOTAPE)
MATTHEW CHANCE, CNN CORRESPONDENT (voice-over): The deserted streets of Najaf, for weeks a battleground, now its beleaguered residents urged by the U.S. and their Iraqi allies to leave. There's speculation of a final push in the holy city.
U.S. forces are now patrolling its outskirts in peace, but the sacred center near the mosque of Imam Ali remains at war.
UNIDENTIFIED MALE: The Iraqi citizens are fed up with Sadr's militia. And for some reason, he chose to attack us. We're not quite sure why, what instigated this, but obviously as long as this militia is in town, even without the coalition conducting offensive operations, there really is no true peace in Najaf.
CHANCE: But this is a battle the Mehdi Army loyal to the radical Muqtada al-Sadr seems to relish. The fact it's raging around one of the Shi'a Islam's most famous sites is for his supporters a rallying call.
UNIDENTIFIED MALE (through translator): The Iraqi people received the Americans with flowers, but with God's will, they will now greet them with rockets, bombs, and bullets.
CHANCE: Across southern and central Iraq, violence has spiraled in recent days. Developments in Najaf could spell disaster.
(on camera): U.S. military officials here in Najaf insist they're sensitive to the fact that any U.S.-led assault against such a holy mosque could inflame passions against them. If it were an Iraqi force that carried out any attack, that might be different. But now, both for the U.S. military and the Iraqi interim government, who both want this matter brought to an end, patience is running out.
Matthew Chance, CNN, Najaf, in southern Iraq.
(END VIDEOTAPE)
COOPER: A 9/11 suspect goes on trial in Germany. That story tops what's happening in our global uplink.
Hamburg, Germany, the State Department says it will provide evidence from captured al Qaeda suspects in the retrial of this man, Munir al-Muqtasada Tasadeq (ph), excuse me, which opened today. He had been previously convicted of helping the 9/11 hijackers. Mutasadeq (ph) was later freed because his first trial failed to include testimony from U.S.-held al Qaeda suspects.
Southern Japan, now, take a look at this, these images. It is a landslide caught on tape by the Japanese government, which was inspecting a rain-soaked region for instability. They certainly found it. Landslide blocked a major mountain roadway. Nobody was injured.
And on a beach near Rio de Janeiro, Brazil, a beached humpback whale. About 100 rescue workers and biologists used all kinds of methods trying to get the whale back in the ocean. Unfortunately, it did not survive.
That's tonight's uplink.
360 next, parents, take note, a father's terrible mistake. A man sentenced to prison for accidentally killing his kids with cough syrup. Find out what dangers could be lurking in your medicine cabinet.
Plus, we'll take you inside the jury room. For the first time ever, see men and women struggling over life-and-death decisions. Should they put a man to death?
Also a little later, Donald Trump, he's fired. Find out why he's being cut from his own hotel chain.
360 next.
(COMMERCIAL BREAK)
COOPER: Today, in a Colorado courtroom, a father was sentenced to prison for six years for a crime everyone seems to agree he did not mean to commit. Two years ago, when 5-year-old Killian (ph) Henderson and his 4-year-old sister Rhapsody told their dad they felt sick, he gave them cough syrup. The problem was, it was adult cough syrup, and the dose in children was deadly.
CNN's Adaora Udoji has the story.
(BEGIN VIDEOTAPE)
ADAORA UDOJI, CNN CORRESPONDENT (voice-over): Prosecutors agree with defense attorneys. Robert Henderson, they say, did not intend to hurt his children. Still, today, he was sentenced by a Colorado court to six years in prison for the deaths of 5-year-old Killian and 4- year-old Rhapsody following a negligent homicide plea agreement.
ROBERT CHAPELLE, PROSECUTOR: Certainly, there are no winners. Two beautiful kid are gone, and there's nothing we can do about that now.
UDOJI: The former taxi driver admitted that in August of 2002, he came home one morning after a night shift and gave his children adult nighttime cold medicine. By the end of the day, both were dead. Despite his plea, Henderson's lawyer says they had a strong case.
JIM CASTLE, DEFENSE ATTORNEY (on phone): Our theory was is that it wasn't the cough medicine that killed them. We had experts supporting that.
UDOJI: The defense argues the state never looked for the real cause, accusing investigators of sloppiness.
CASTLE: There were problems at both the crime lab and the coroner's office that were of epic proportions.
UDOJI: Prosecutors deny that. They acknowledge determining the exact amount of cough syrup in the children's system is difficult. However, they argue that four ingredients in it potentially formed a toxic brew. They also say Henderson failed to heed warnings against administering it to children under 12, and failed to check on them for hours.
CHAPELLE: The maximum sentence under the agreement that we made, we're satisfied with that outcome.
UDOJI (on camera): Henderson says his attorney did not want to risk a possible 60-year sentence, instead choosing to plead guilty to serve his time, and try, if he can, to move on with his life.
Adaora Udoji, CNN, New York.
(END VIDEOTAPE)
COOPER: Joining me with some advice about medicine and kids, we're pleased to have Dr. Ian Smith. He's the medical columnist at "Men's Health" magazine.
Thanks for being with us, Dr. (UNINTELLIGIBLE).
DR. IAN SMITH, MEDICAL COLUMNIST, "MEN'S HEALTH" MAGAZINE: Good to be here.
COOPER: What do parents need to take away from this story? I mean, it's a parent's nightmare. SMITH: The important part is to realize that there are adult preparations and pediatric preparations. In the old days people believed you could just halve whatever it was adults were taking. And that doesn't work. For specific reasons, the concentration of the chemicals for kids is much more dilute than for adults, so you really have to read that packaging.
COOPER: And it, and it, and it all has to do with the, the, the weight of the child and the age of the child.
SMITH: Sure. If you look at the back of most of these medications, now, sometimes they have pediatric doses of these particular formulations. But if you look at the back of the package, it will say for children under 12 years of age, go by the weight and the age, and this is what you give them. If there are no guidelines for pediatrics, for kids, then it says, Ask your doctor, and your doctor may be able to prescribe something.
But it's very important to read that. I mean, this kind of mistake just shouldn't happen.
COOPER: And there's, I mean, there's just out, under no circumstances should anyone just take an adult medicine out of their medicine cabinet and half it or do it in a quarter or anything.
SMITH: No circumstances whatsoever. It's very important to remember this. Kids are a different weight, and medications are based on what your weight is. And also, you have to realize what your illnesses are. If a child has a kidney disease or a liver disease, you got to be careful what you give them, because that medication may build up toxins in the blood. So that's another point to this story.
COOPER: And there also may be contraindications, I mean, some things that don't work with other medicines.
SMITH: For example, you shouldn't take alcohol and certain drugs. You shouldn't take antidepressants and certain types of drugs like these.
So all these kind of considerations are written very clearly on the back of the box. If you don't know, the pharmacist will tell you, or you call your doctor. But a mistake like this, while it's very tragic, really is very avoidable, which is why a lot of these companies make these specific pediatric brands.
COOPER: And Mr. Henderson said he didn't even read the label, so...
Dr. Ian Smith, it's really good to have you on the show. Thanks very much.
SMITH: Good to be here.
COOPER: Well, coming up, Amber Frey, the prosecution's star witness, takes the stand. Key evidence, her secretly taped phone conversations with Scott Peterson. But what, if anything, do they prove?
Donald Trump files for bankruptcy for his casinos, and the board says, Trump, you're fired. Is the Donald's empire more fiction than fact?
And weighing life or death in the jury room. For the first time ever, cameras record how jurors decide a capital case. A man's life hangs in the balance.
360 continues.
(COMMERCIAL BREAK)
COOPER: Today, in her first day on the witness stand, the prosecution's star witness, Amber Frey, told a packed courtroom how she first met Scott Peterson on a blind date. They danced to karaoke before spending the night in a hotel room. Frey said Peterson told her he was single and seemed to want to build a future with her but after a few more dates, Frey said Peterson broke down, telling her he had lost his wife. Laci Peterson disappeared two weeks later. Frey's lawyer Gloria Allred had this to say just moments ago about how she says Peterson deceived her client.
(BEGIN VIDEO CLIP)
ALLRED: According to testimony, was there but what was he doing? Was he the grieving husband? It doesn't appear so. If you listen to his voice on the telephone recorded conversations, he sounds like a just happy, carefree bachelor on New Year's Eve for -- in Paris, calling his loved one, Amber, and saying, miss you. That was Scott.
(END VIDEO CLIP)
COOPER: That was Gloria Allred just a short time ago. Covering the case for us tonight in "Justice Served" 360 legal analyst Kimberly Guilfoyle Newsom and CNN's Ted Rowlands who has been in the courtroom throughout the day. Ted, let me start off with you. How did Amber do on the stand in the courtroom?
ROWLANDS: I think she was very believable. She was up there telling the truth. There have been different moments in this trial of different degrees of compelling testimony. This by far the most compelling. The jury was locked on her, the courtroom packed, but completely silent, and she did two things. She talked about their relationship. She also talked about the lies that Peterson had told her throughout the relationship, and I think she came across as being a very honest woman telling her story.
COOPER: And Scott Peterson, was he looking at her? Were they interacting in eyes, in any way?
ROWLANDS: No, he looked at her, took notes, talked with his counsel Mark Geragos throughout her testimony, and watched her for most of the time, but he never gave any sort of reportable, if you will, gaze or reaction to her when she was talking about all these things or when they were playing tapes of he and her talking. At one point, Gloria Allred alluded to it, he was claiming he was in Paris enjoying a fireworks show at the Eiffel Tower when in reality, he was in Modesto at a candlelight vigil for his missing wife.
COOPER: Kimberly, so Amber Frey portrayed Scott Peterson as a liar, as a cad, as this guy who lied on this New Year's Eve tape. So he's a liar. It doesn't make him a murderer.
KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: You're right about that but I'll tell you just to sum it up today with witness number 102, a deadly vicious blow was dealt to the defense. I think now beyond a reasonable doubt we know he's a liar, we know that he's an adulterer but yet, is he a murderer? I think the testimony today was important, because it really shows this guy's head was everywhere else but with his wife and his unborn son. It really shows that he wanted the single lifestyle. And I think Amber Frey while not being the whole motive for the murder, she does begin to answer the question why for the jury. It shows that she was a taste of the life he wanted to have, that that was a life he was moving towards, and a life with Laci Peterson and an unborn son was a encumbrance he wanted to get away from as quickly as possible.
COOPER: And Ted, we heard from Gloria Allred just a short time ago basically saying that Scott Peterson had told Amber Frey in one of his phone calls that he was going to be -- sorry, his schedule was going to be freed up a couple weeks from now after the holidays, he claimed because of some changes in work.
ROWLAND: Yes, and that could be the most damning thing for the defense here. He said that at the end of January he would have more free time to spend with her. And if jurors extrapolate, they could say that , well, maybe he was planning to spend time with his lover after the search for his wife died down. The defense argues, and the Peterson family -- they were here, too, today -- argues that they only had four dates. They had hundreds of phone calls between each other but only four dates and Peterson would not have given -- or killed his wife for this woman, a massage therapist who already had a child, but these tapes may prove -- may help the prosecution to prove otherwise.
COOPER: Kimberly, you say this is devastating for the defense. How will the defense go against Amber Frey?
GUILFOYLE NEWSOM: They better tread carefully, because I think she did connect with the jury, I think she came off very credible, very believable. Unbelievable amount of detail this woman remembered and you've got wire taps, tapes to back it up. Where can they run to? Where can they hide from this kind of testimony? What we saw today is this guy really has all the telltale signs of a sociopath, and guess what? A sociopath is capable of murder.
COOPER: But there is some question about when these tapes were made. I suppose the defense will try to hammer away at that. Why did she make these tapes? What were her motives in all of this?
GUILFOYLE NEWSOM: If there are tapes in fact that exist prior to her being asked to record statements by the police, that could be an area that they get into and question. But what are they going to do? She didn't alter what he had to say on the tapes, did she?
So really the tapes speak for themselves. Whether they were taped before or after, I think it's going to provide very incriminating evidence against him. It may make her look a little bit like a wannabe Inspector Clouseau, or maybe just a woman who didn't want to be burned again, a single mother who was looking for love and romance and this guy piled it on like a Harlequin romance book from day one. Rubbing roses on her face and on her chest. I mean, can you believe this, Anderson? What goes on? It was like an episode of "The Bold and the Beautiful" listening to what this guy did.
COOPER: Amazing. Ted, how do you think Amber Frey related to the jury? Were they listening in rapt attention?
ROWLANDS: Most definitely, they were riveted by everything she said. She did have some problems. A couple of times she needed a question repeated to her, she'd lose her train of thought from time to time, but it actually I think was more endearing for her, because she was simply just telling the truth and trying to get it right.
For the record, they did ask her, did you tape any conversations before the 30th of December and she said, no. There's been a lot of speculations that she did. She said on the stand that she did not. So that would help the prosecution.
COOPER: Ted Rowlands, thank you very much and Kimberly Guilfoyle Newsom, thank you very much as well.
About 750 miles from the Scott Peterson trial, another husband accused of killing his wife today for the first time heard the charges read against him. Appearing over a video feed from jail and wearing an orange jumpsuit, Mark Hacking had little to say to the court, but prosecution documents detailing the preparation, planning and execution of his alleged crime spoke volumes. CNN's Miguel Marquez has the latest.
(BEGIN VIDEOTAPE)
MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): A first court appearance for Mark Hacking, the charges now official, first degree murder and three counts of obstruction of justice. His bail increased to $1 million cash. Hacking, police say, admitted to his brothers Scott and Lance that he killed his wife Lori, who friends say was five weeks pregnant.
DAVID YOCOM, SALT LAKE COUNTY D.A.: I think he killed her not to be discovered, and with regard to his lies.
MARQUEZ: Court documents lay out what investigators believe happened. Lori Hacking confronted her husband for lying for being accepted to the University of North Carolina Medical School. Police say on the night the pair was taped on this convenience store security cam, they argued. Shortly after, investigators say Lori Hacking went to bed and Mark Hacking stayed up, played Nintendo, and then began to pack. Investigators say Hacking then came across his .22 rifle, walked to their bedroom, and shot Lori in the head while she slept. YOCOM: He used the knife, we believe to cut around the pillow- like material in the mattress, on the top of it, and we think he rolled her in that.
MARQUEZ: Investigators believe Hacking dumped his wife's body, the murder weapon, and the mattress padding in three different dumpsters. An extensive search of the local landfill has so far turned up nothing.
(END VIDEOTAPE)
COOPER: That was Miguel Marquez reporting.
On the campaign trail with both candidates trying to sell their message, the number one rule of political speechmaking seems to be this -- stick with what works. Remember Barack Obama's speech at the Democratic convention? Well, if you don't it seems you still may have a chance to hear at least parts of it again and again and again on the campaign trail. Sticking with what works, that's tonight's "Campaign Unplugged."
(BEGIN VIDEOTAPE)
BARACK OBAMA (D), ILLINOIS SENATE CANDIDATE: The pundits like to slice and dice our country into red states and blue states, red states for Republican, blue states for Democrats.
SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: It's not about red states and blue states. It's about the red, white and blue. It's about the United States of America. It's about our country.
SEN. JOHN EDWARDS (D), V.P. CANDIDATE: There is no red state, there is no blue state. There is only one United States of America.
TAD DEVINE, SR. ADVISER, KERRY-EDWARDS CAMPAIGN: There are not red states and blue states. There are the United States of America.
OBAMA: There is not a liberal America and a conservative America, there is the United States of America.
EDWARDS: And this is not a Democratic message or a Republican message, this is an American message.
KERRY: Some people as I said the other day may see America's red states and blue states. I believe we need leadership that sees America as one country red, white and blue, period.
(END VIDEOTAPE)
COOPER: And that's "Campaign Unplugged" for tonight.
Far away from the glitch and glamour, of presidential campaigns in a dry, dusty part of the world few us will ever likely visit, a tragedy is taking place. Hundreds of thousands of people fleeing fighting in Sudan have gathered in Sudan's Darfur region. They travel great distances. They are tired and they are hungry. And tonight, those who suffer the most are barely old enough to speak.
Chief international correspondent, Christiane Amanpour is there.
(BEGIN VIDEOTAPE)
CHRISTIANE AMANPOUR, CNN CORRESPONDENT: At this emergency feeding center in western Darfur, these children weigh what an average three-month-old would, except that they are two and 3-years- old. Doctors from the French relief group Medecins sans Frontieres measured their malnutrition.
This little upper arm bracelet tells the story. Green is OK, yellow at risk, orange is malnourished, and red is severe malnutrition.
That's the case with Hamdi Ismael (ph). He's one and a half years old and weighs only about 12 pounds. His grandmother Hadiga (ph) has brought him here, because he can't keep any food down. For a population on the edge like this one, a simple case of diarrhea can be a killer. MSF has found 20 percent of the children in western Darfur are severely malnourished. That's 1 in every 5 children. those badly off as Hamdi don't have long to live unless they can keep fluids and formula down.
(on camera): The problem is these parents -- this is in fact the grandmother, are reluctant to send them to the hospital in town, because it means having to leave the other children who are here in the camp. They're worried about who will look after them. They're worried about their safety. And this is all complicating the issue of trying to save lives.
(voice-over): Hadiga's urgent concern this day is for her grandson, Hamdi.
Dr. Anwar Ahmed tells us he that he's got all the signs of severe illness.
ADEEL JAFFERI, ISLAMIC RELIEF: Actually, during the last weeks he's getting well, but now I think there's something wrong with him. He's developing edema (ph), which for us, this is a bad sign.
AMANPOUR: Edema is a dangerous swelling, but unless it gets worse, Hamdi won't be going to the hospital. Instead, his grandmother collects some special formula for him and a sack of flour for herself. She straps her grandson to her back and heads off into the blistering heat.
Did she think he'll survive?
Inshallah, they say here, God willing.
For 360 I'm Christiane Amanpour, Agelnia, western Darfur.
(END VIDEOTAPE)
COOPER: Inshallah, indeed. 360 next, never before seen jury deliberations as they unfold, cameras rolling as jurors debate whether a man should live or die part of a new ABC documentary. The story just ahead.
Also ahead, bad luck for the Donald's, the casino's winnings are turning sour in a bad way. We'll tell you while.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: You can step down. Would you like some help?
UNIDENTIFIED FEMALE: I just don't want you people to take him away from me.
(END VIDEO CLIP)
COOPER: A mother pleading to a jury to spare the life of her son. That jury must decided whether the accused killer lives or dies. It is without a doubt, the most difficult decision a jury will ever have to make. And it's a decision that has always remained behind closed doors, until now that is.
A new ABC News documentary series beginning tonight at 10:00 Eastern, brings cameras into the jury room for the first time, as 12 men and women make the ultimate choice. The series is narrated by ABC News senior legal correspondent, Cynthia McFadden. I'm going to talk to her in just a moment.
But first a remarkable glimpse in the jury room.
(BEGIN VIDEOTAPE)
CYNTHIA MCFADDEN, ABC NEWS SENIOR LEGAL CORRESPONDENT: Mark Ducic, is charged with two counts of murder. Prosecutors say he gave hot shots, lethal drug over doses to his common law wife and this man. Both victims were fellow drug abusers, along with the Ducic.
The state's best evidence, Ducic, boasting about both murders on the tape. If convicted he could suffer a fate similar to his alleged victims, death by lethal injection.
After months of testimony, Ducic's life is now in the hands of the jury.
UNIDENTIFIED FEMALE: I find the defendant guilty and I think the state proved each of those things.
UNIDENTIFIED FEMALE: I find him not guilty.
MCFADDEN: Just an hour into the deliberations, the jury is split 10-2 in favor of convicting the defendant on the first count of murder.
UNIDENTIFIED FEMALE: I'm not convinced that his motives existed.
UNIDENTIFIED FEMALE: Bottom line, Mark Ducic, said on those tapes in his own words, that he took care of those two people, not once, not twice, he said it several times.
UNIDENTIFIED FEMALE: If you were a jury of my peers, and I was just some big talker who had a drug addiction problem, who was being snitched by somebody else with a drug addiction problem, I would just say, you know what,shoot me now. Shoot me now.
UNIDENTIFIED FEMALE: Simple. Don't let your alligator mouth overload your hummingbird ass, period.
UNIDENTIFIED FEMALE: If you can talk about it, than you better be willing suffer the consequences of the actions...
(CROSSTALK)
UNIDENTIFIED FEMALE: People talk about stuff everyday.
UNIDENTIFIED FEMALE: And that's a chance they take.
It does not matter what you think or what you believe. He said it on the tape. Period!
MCFADDEN: By mid afternoon, juror number 12, Carmela is the lone holdout.
UNIDENTIFIED FEMALE: Did he intend to cause a death, that's where the problem lies with me. I don't believe he intended to cause her death.
UNIDENTIFIED FEMALE: At the end of the afternoon break, everyone but Carmela has returned for the jury room.
UNIDENTIFIED FEMALE: We thought you got lost.
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) for now. But (UNINTELLIGIBLE). I'm excusing myself, ladies and gentlemen, from this.
I have never felt so much pressure, and I've had pressures as I have felt in this room in such a short amount of time, having to make the decision like this. I just really -- I need for myself, I can't say -- I need to know at night that I can sleep with -- and I don't feel that if I stay here, that I will be able to do that.
(END VIDEOTAPE)
COOPER: Joining me is ABC News senior legal correspondent Cynthia McFadden. Good to see you.
MCFADDEN: Great to see you.
COOPER: There's so much to talk about this. The access is incredible. Did you have any concerns about putting cameras inside the jury room?
I mean, it's never been done before in capital case.
Does it change the deliberation?
MCFADDEN: Well, first, yes, of course we had concerns. I mean, I think everyone at ABC who worked on this project, was very concerned that we not tamper with the outcome in this case. A man's life was at stake. So, it was important that we satisfy ourselves that the presence of our camera wouldn't change the outcome of the trial. Several things happened to assure that.
First, not only did the Ohio Supreme Court give us the dispensation to allow cameras, but then the court said, and you've got to get everyone who's going to be a participant to agree, not only the judge, the prosecutor, the defense, but all the jurors had to agree.
COOPER: Did you get the sense that they were playing to the cameras at all?
Anytime you bring a camera into a place, people says it changes it.
MCFADDEN: I think it probably does change it. I think it would be naive to think, we know there's a camera here, and we're probably talking differently then we were just before the camera red light came off.
COOPER: I'm exactly same in real life, but anyway. Except I don't dress as nice.
MCFADDEN: I know you don't. But having said that, I don't know, we'll never be able to unwind the reel to see. But I can tell you this, at the conclusion of the process, the judge interviewed each one of the jurors, as did we, individually and asked did it change your ability to deliberate or do you think it changed the outcome?
And everyone, 100 percent said, no.
COOPER: What did you learn from watching what went on in that room?
MCFADDEN: I learned how seriously 12 ordinary citizens take their responsibility as jurors. I learned that 12 ordinary citizens when they come together with a man's life in their hands seek to find justice. I learned that, although you're not required in the law to prove motive, the jurors want to understand what motive is.
COOPER: That's important to them.
MCFADDEN: Very important to them. I understand that the jurors bring their own life experience into -- into that room.
COOPER: How much does personal play into the decisions that get made. MCFADDEN: Let me say, a Hollywood screenwriter, I think, would have blanched it going as far as what we see happen in this. People get mad at each other. People cry real tears. People call real names at each other.
COOPER: And one of the women in the video, I mean, she was saying that the pressure, really, that she couldn't make a decision. She wanted to talk to the judge.
MCFADDEN: Absolutely. In fact, that woman does talk to the judge, and there's a very crucial turning point whether the judge will stop deliberations, whether there will be a mistrial, whether or not another juror can take her place. And let me just point out that the jury in this case is asked to do two things -- first, determine whether or not this man, Mark Ducic, is guilty, and secondly, if they find him guilty, determine whether or not he should receive death. It's a very compelling, intricate process, and of course if the jury can't decide, it's all up to the judge.
COOPER: It's amazing video. The special is on tonight, at 10:00 Eastern time.
MCFADDEN: Tonight at 10:00, and then tomorrow night at 10:00 as well. ABC is giving two hours to it. And you can go to the Web site, the entire transcript of the proceeding is there, so you can judge what a good job we did in cutting it down.
COOPER: All right. Cynthia McFadden, good to see you.
MCFADDEN: Great to see you, Anderson.
COOPER: Today's "Buzz" is this -- what do you think, should cameras be allowed in jury deliberation rooms? Log on to cnn.com/360, cast your vote, we will have results in just a few minutes at the end of the program.
And Donald Trump may be getting a taste of his own medicine. Ahead on 360, the mogul's casino's fortunes may be fading into bankruptcy. Will he be the next to be fired? Hmm.
Also tonight, remembering Fay Wray, the only woman who could make King Kong swoon.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
DONALD TRUMP, HOST, "THE APPRENTICE": This is a tough one. You're fired.
(END VIDEO CLIP)
COOPER: Well, Donald Trump's professional career has been something of a rollercoaster. He was the symbol of success in the 1980s. He even had his own airline for a while. In the '90s, he became a poster boy for the dangers of excess, narrowly avoiding personal bankruptcy. Lately, he seemed to be at the top of his game, real estate mogul, star of TV commercials, host and co-producer of some reality show -- I can't remember the name of it -- oh, yeah, "The Apprentice," yeah, right.
And today, his rollercoaster took a downward turn. Here's CNN's Gerri Willis.
(BEGIN VIDEOTAPE)
GERRI WILLIS, CNN CORRESPONDENT (voice-over): As Donald Trump likes to say on TV...
TRUMP: You're fired.
WILLIS: Now he can say it to himself. His company, Trump Hotels & Casino Resorts said it plans to file for Chapter 11 bankruptcy protection in September. Under the agreement, he'll give up the title of chief executive, and lose his 56 percent controlling ownership stake. He'll still own a quarter of the company and keep his role as chairman. When asked for comment, Trump by phone, as you might expect, remained confident.
TRUMP: It's a really positive thing, as opposed to a negative thing. We're reducing debt by $544 million. I think it is going to be a terrific company going into the future, and that's why I'm working on it.
WILLIS: This would be the second time the Trump casinos have filed for bankruptcy. In 1992, the three casinos he then owned, the Taj Mahal, Castle and Plaza, all in Atlantic City, ended up in Chapter 11, burdened by more than one billion in debt. At the time, Trump himself was at the brink of bankruptcy, but later regained control of the casinos, and wrote a book about his experience in 1997 called "Trump: The Art of the Comeback."
And while Mr. Trump has engineered a personal comeback of his own lately, starring in his own reality TV show and launching a magazine, his resorts and casinos have been losing money.
(on camera): Now, the Donald isn't going to be hopping in a cab and driving off like one of his reality TV show contestants. Trump told us that less than 2 percent of his wealth is tied up in the company.
Gerri Willis, CNN Financial News, New York.
(END VIDEOTAPE)
COOPER: Well, she is the actress who stole King Kong's heart. Next on 360, remembering Fay Wray. We'll take her role in cinematic mortality to "The Nth Degree."
And tomorrow, a Texas man, using a billboard and a Web site to find a liver. We'll talk to him.
First, today's "Buzz," what do you think, should cameras be allowed in jury deliberation rooms? Log on to cnn.com/360. Cast your vote. Results when we come back.
(COMMERCIAL BREAK)
COOPER: Time now for "The Buzz." Earlier we asked you, should cameras be allowed in jury deliberation rooms? More than 21,000 of you voted. Eleven percent of you said yes; 89 percent said no. Not a scientific poll, but it is your buzz. And we appreciate you voting.
Tonight, taking a shared memory to "The Nth Degree." There are few images, very few, that have taken up permanent residence in pretty much every human head. There's a Statue of Liberty, in the universal mind's eye, an Eiffel Tower, a Big Ben, and a bright blue Earth as seen from space.
And then there's this -- a beautiful young blond woman in shredded clothing being held very gently in the fists of a gigantic ape. We all know it's a complete fake. There never was a gorilla of such size. King Kong did not exist, and so, of course, did not climb the Empire State Building trying desperately to escape the civilization to which he'd been kidnapped. Only the beautiful young woman ever actually existed. And now she no longer does.
Fay Wray died yesterday at the age of 96, many decades after sinking into the universal human consciousness.
It's wrong to call this a movie. "King Kong" is much more like a dream all of us on the planet have been having from time to time for a couple of generations now.
Thank you very much, Ms. Wray. Rest assured that we're not about to stop dreaming of you just because you're gone.
I'm Anderson Cooper. Thanks for watching 360. Coming up next, "PAULA ZAHN NOW."
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired August 10, 2004 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDERSON COOPER, HOST: Good evening. I'm Anderson Cooper.
The other woman in Scott Peterson's life finally takes the stand. Why have prosecutors pinned their hopes on Amber Frey?
360 starts now.
Amber Frey, the prosecution's star witness, takes the stand. Key evidence, her secretly taped phone conversations with Scott Peterson. But what, if anything, do they prove?
The president picks his choice for top spy. Will Porter Goss be the boss of the CIA? The Democrats say they have their doubts.
Blood and bullets in Najaf. Street by street, Marines fighting hard. We're embedded on the front line and take you to the heart of the battle.
Deadly dosage. A father tries to help his two kids with cough syrup, but they end up dead. A cautionary tale about what may be in your medicine cabinet.
Donald Trump files for bankruptcy for his casinos. The board says, Trump, you're fired. Is the Donald's empire more fiction than fact?
And weighing life or death in the jury room. For the first time ever, cameras record how jurors decide a capital case. A man's life hangs in the balance.
ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.
COOPER: And good evening to you.
We begin tonight with the trial that has, for reasons not entirely clear, captured much of America's attention, perhaps because the victim was young and pretty and pregnant, or perhaps because the man accused of the crime told lies and cheated and gave interviews.
Today, in the trial of Scott Peterson, the prosecution brought out their star witness, Amber Frey, the other woman in Scott Peterson's tangled life. Their relationship started as a blind date. The question for the jury, was it really a motive for murder?
All day long, Amber Frey has been revealing the intimate details of their affair, a tawdry tale of love and lies and betrayal.
CNN's Ted Rowlands has the latest.
(BEGIN VIDEOTAPE)
TED ROWLANDS, CNN CORRESPONDENT (voice-over): Shielding her face in the back seat, Amber Frey was driven into the courthouse garage this morning.
The packed courtroom was silent as Frey recounted her whirlwind romance with Scott Peterson that started with a blind date about a month before Peterson's wife was reported missing. Frey said Peterson surprised her with champagne and strawberries and they were intimate that night. On other dates, he showered her with gifts and romantic gestures, and on one occasion, she said he took care of her then nearly 2-year-old daughter.
The jury sauce photos of Frey and Peterson from what Frey says was a formal Christmas party the two attended. The jury has seen this photo the same night his pregnant wife at another party alone.
Frey testified that Peterson lied about being married, about where he lived, trips he supposedly had taken, and, at one point, she said that he had told her that he, quote, "lost his wife."
GLORIA ALLRED, AMBER FREY'S ATTORNEY: I think what's most important are Scott Peterson's lies and the double life that he was leading.
ROWLANDS: Amber Frey says she found out December 29 that Scott Peterson was married. The next day, she talked to police and agreed to start recording her phone calls with Peterson. This afternoon, jurors heard the first of what are expected to be hours of those recordings.
The defense says Frey and Peterson had only four dates. Today, Scott Peterson's sister called Frey a sideshow.
SUSAN CAUDILLO, PETERSON'S SISTER: I mean, we all know he had an affair. That's not the issue here, you know? The issue is about Laci. And I don't think the two are connected whatsoever.
UNIDENTIFIED FEMALE: One, zero, seven.
ROWLANDS: More than 250 people showed up for a lottery this morning to see who would sit in the 28 public seats in the courtroom.
(END VIDEOTAPE)
ROWLANDS: Late this afternoon, prosecutors played a tape that was recorded on New Year's Eve, where Peterson claimed he was in Paris, France, enjoying a fireworks show at the Eiffel Tower.
Court is out for the day. Amber Frey is expected to be on the stand for at least a week, Anderson. COOPER: And Ted, I know you were in the courtroom throughout the day. We'll talk to you a little bit later on 360 about some details of what you saw in the court today. Thanks very much, Ted.
Also just got some video of Amber Frey as she's leaving the courtroom. Let's show this. This is a video which just came into CNN. Amber Frey there on the left, a little bit blocked, her lawyer, Gloria Allred, on the right in the red. Obviously she is under heavy security as she goes to and forth. She arrived by vehicle, her face obscured. This just in, Amber Frey leaving the courthouse.
Well, today, in another high-profile case, another potentially big development. The young woman who has accused Kobe Bryant of rape is now pursuing civil charges against the NBA superstar, the dollar amount unspecified.
CNN's Gary Tuchman is following this story.
(BEGIN VIDEOTAPE)
GARY TUCHMAN, CNN CORRESPONDENT (voice-over): The woman who says Kobe Bryant raped her will be asking the federal court for some of his money. In a civil lawsuit filed at the federal courthouse in Denver, the woman referred to as Jane Doe asks for "damages in an amount which shall be shown to be reasonable and just by the evidence."
Last week, one of the woman's attorneys, John Clune, told CNN that she was thinking of not going forward with the criminal case because of mistakes that had been made by the court. This could be the first step toward that happening.
As of now, though, the criminal trial is still scheduled to begin on August 27, but the case has now entered the world of civil justice, in which the standard of proof is much lower. In the civil lawsuit, harsh allegations about the basketball star that have not been brought up publicly in the criminal case are now being alleged. "Defendant Bryant has a history of attempting to commit similar acts of violent sexual assault on females he has just met and has thereby established a pattern and practice of such unlawful acts."
Normally, such an allegation would warrant a response from opposing attorneys, but because of the gag order, Bryant's lawyers have not spoken on the record to reporters since this case began.
(END VIDEOTAPE)
TUCHMAN: And that continues today. We just talked to an associate in the lawyer's office. They say that Kobe Bryant's attorneys are aware of the civil lawsuit, but don't want to comment about it. However, we do expect to learn their reaction to it, because they have to file legal papers reacting to the lawsuit that came out today.
Anderson, back to you.
COOPER: All right. Gary Tuchman, live from Atlanta, thanks, Gary.
Covering the case for us tonight, Court TV anchor Lisa Bloom.
Lisa, good to see you, as always.
LISA BLOOM, ANCHOR, COURT TV: Hi, Anderson.
COOPER: Is this the beginning of the end of the criminal trial against Kobe Bryant?
BLOOM: It has to be. I mean, Anderson, while the minor court errors may have been a slap in the face of this victim, may have been minor violations of her privacy, this is suicide.
COOPER: Releasing information about her on the Internet (UNINTELLIGIBLE).
BLOOM: Disclosing her name on the court Web site, Anderson, which is really only read by members of the media. No one in the mainstream media has disclosed her name. So really, I see that as no harm, no foul.
On the other hand, filing a civil case on the eve of a criminal trial, that is suicide. That plays right into the hands of the defense. This defense team has said by her receiving less than $20,000 in victim's compensation funds...
COOPER: They were (UNINTELLIGIBLE)...
BLOOM: ... she had economic motive.
COOPER: ... right.
BLOOM: Well, what about millions of dollars in a civil case being sought on the eve of trial? I mean, the criminal case is over, as far as I'm concerned. And it's been ruined by the victim's own civil attorneys choosing this time, for no particular reason, to file the civil case.
COOPER: But couldn't, I mean, couldn't prosecutors have said to her, Just wait? I mean, why do it now?
BLOOM: I'm sure they did, if they had a chance to wait. And there -- look, I used to handle these victims' case on behalf of people very much like her. There is no reason to file a case now. There's no pending statute of limitations. You wait until the criminal case plays out, then you file the civil case.
The only possible thing that can be going on here is that they intend to have her pull out of the criminal case entirely, and they're using this as leverage to force the prosecution to drop the case. Otherwise, it makes no sense at all.
COOPER: Interesting. Lisa Bloom, thanks very much.
Well, a hurricane could spoil summer fun in the Florida panhandle. That story tops our look at what's going on cross-country tonight. Let's take a look.
The Gulf of Mexico, Bonnie on the move, the tropical storm is gathering strength and will likely be a hurricane before it makes landfall Thursday. Now, somewhere between New Orleans and Tampa, Florida. At this point can't be any more specific.
Washington, D.C., a key interest rate going up. The Federal Reserve raised the federal funds rate a quarter-point, despite weak job growth in July. The Fed says it believes the economy will pick up after the current slowdown.
In New York, convicted killer thrown out of a halfway house. Former attorney Joel Steinberg, who served 17 years in prison for killing his adopted daughter, apparently broke an agreement he had with the halfway house to not speak with the media. An interview with Steinberg appears in this week's "New York" magazine.
Houston, Texas, joining the conga onstage, check this out, a fan grabbed Gloria Estefan during a show, proceeded to dance with her until bodyguards helped him off the stage. Estefan kept singing throughout the incident.
That's a quick look at stories cross-country tonight.
360 next.
We are just told there is a presser with Gloria Allred right now, Amber Frey's attorney. Let's listen.
ALLRED: She has done very well. This is the first day. One of the pieces of evidence that really was of great interest to me, among other pieces, of course, were the tape-recorded phone calls that Amber made at the request of law enforcement, who immediately requested it after she contacted Modesto PD. And at the end of the day, we heard some of those recorded phone calls.
The ones that were of particular interest to me were December 31. Why? Because it was supposed to be Scott Peterson's New Year's Eve. According to Scott Peterson, he was in Paris at the Eiffel Tower, his friend Pasquale. Actually, for those of us who remember December 31 and significance in this case, it's no laughing matter, because December 31 happens to be the date of the vigil for Laci and Conner, may they rest in peace.
And there were volunteers out there searching, the volunteers setting up for that vigil, and for the search for Laci and Conner. And Scott Peterson, according to testimony, was there, but what was he doing? Was he the grieving husband? It doesn't appear so. If you listen to his voice on the telephone recorded conversations, he sounds like a just happy, carefree bachelor in New Year's Eve for Paris, in Paris, calling his loved one, Amber, and saying, Miss Yasser Arafat. That was Scott.
Why wasn't he what everyone expected, the grieving husband? Did he really care if Laci was missing? Was he happy if Laci was missing? The jury's going to have to make those decisions for themselves. So that's what I thought was most significant, were those phone calls.
UNIDENTIFIED FEMALE: How will the defense counter this?
ALLRED: Well, Mr. Peterson has a highly paid defense team, and he's the one with the huge entourage, well funded. You know, I don't know what theory du jour they'll come up with. They're going to need to really, really stretch to come up with one on this one. So, you know, let them put their imaginations to work once again. They've had extremely active imaginations in the past. Let's see what kind of creativity they can try to apply to this one.
It's going to be difficult, because we have Scott's own words on the tape recordings. Hi, Amber, miss Yasser Arafat, I'm at the Eiffel Tower.
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) like in the front row, second row, next to (UNINTELLIGIBLE) family, how (UNINTELLIGIBLE) talk about what she spoke about, and can you talk about her sitting (UNINTELLIGIBLE)...
ALLRED: Amber sitting close to them?
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE).
ALLRED: Of course, that's the prosecution's side of the courtroom, so Amber was sitting there when she was not on the witness stand testifying.
UNIDENTIFIED FEMALE: Did she talk to Sharon today?
ALLRED: I don't believe that she spoke to Sharon today. I personally found it really heartbreaking, because I was sitting behind Sharon, and I could see her crying, sobbing, and with a tissue trying to wipe the tears and trying to control her tears, and this was especially when those tape-recorded telephone calls were being played with Scott on New Year's Eve calling his sweetheart.
That sweetheart was Amber Frey, at least that's what he called her on a number of telephone calls, sweetheart. And, of course, sweethearts do try to call each other on New Year's Eve.
I also thought that it was significant today that Amber testified that Scott did appear to be speaking about the future together. And that he would have more time for her, with her, at the end of January, supposedly when he returned from Europe and changed his business plans, so that he would then in the future be able to have more time with her.
We of course know he was not in Europe.
UNIDENTIFIED MALE: (UNINTELLIGIBLE) concerned about your client (UNINTELLIGIBLE) pleased with her testimony thus far (UNINTELLIGIBLE)...
COOPER: You've been listening to Gloria Allred, who's the attorney for Amber Frey, who spoke today on the witness stand for the first time. Really, the prosecution's star witness in the Scott Peterson case.
Gloria Allred recounting some of what can be heard on these recorded phone calls made by Amber Frey with Scott Peterson, in particular Gloria Allred talking about a New Year's Eve call December 31, the day a vigil was going on for Laci Peterson, as people, volunteers, were still out combing the Modesto area searching for Laci Peterson, Scott Peterson apparently calling his mistress, Amber Frey, claiming he was in Paris, wishing her a good New Year's.
We'll have more coverage of this at the half hour.
360 next, taking charge of the CIA. President Bush picks a former undercover operative to lead the spy agency. Will the Democrats go along?
Also, a bird's-eye view of a landslide. A fast-moving wall of dirt gives way. We'll show you what happened. Remarkable images there.
All that ahead. First, let's take a look at your picks, the most popular stories right now on CNN.com.
(COMMERCIAL BREAK)
COOPER: Well, you may not know Porter Goss, but he's a man who's led many lives. Before becoming the current chairman of the House Intelligence Committee, this eight-term congressman from Florida was a CIA operative working undercover during the turbulence of the 1960s.
Today Goss was asked to begin a whole new life. President Bush tapped him to be the CIA's next director. This is an election year, however, and his confirmation is hardly guaranteed.
Elaine Quijano is at the White House tonight.
(BEGIN VIDEOTAPE)
ELAINE QUIJANO, CNN WHITE HOUSE CORRESPONDENT (voice-over): In announcing his nomination of Porter Goss to head up the Central Intelligence Agency, President Bush pointed to Goss's experience as a CIA operative in the 1960s.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: He knows the CIA inside and out. He's the right man to lead this important agency at this critical moment in our nation's history.
QUIJANO: A Florida Republican congressman, Goss has charged the House Intelligence Committee for eight years. And while President Bush says his nominee has the respect of both political parties, some Democrats worry that Goss, a strong supporter of the president, may be too partisan for the position. That could mean a tough confirmation process for Goss in the Senate.
If he is chosen, the congressman would walk into the CIA director's job at a time when pressure is mounting on the Bush administration to act quickly on the September 11 commission's recommendations for intelligence reform.
Mr. Bush's Democratic rival, John Kerry, in a written statement, suggested the president still needed to take other actions in the war on terrorism, saying, "This is a key position in fighting the war on terror and should not be left vacant. But the most important position is one that hasn't been created yet, national intelligence director, with real control of budgets and personnel."
(END VIDEOTAPE)
QUIJANO: In choosing Goss, President Bush passed up acting CIA director John McLaughlin, who took over when George Tenet resigned. Now, Mr. Bush, in making the decision to try to fill the post before the election, may quiet some of his critics, who say the country needs a permanent CIA director in the terrorism fight, Anderson.
COOPER: Elaine Quijano at the White House. Thanks, Elaine.
In Najaf today, in Iraq, U.S. forces pounded insurgent positions from the air, while on the ground, Marines were faced with the prospect of fighting in a political and religious minefield. The battle today moved to the city's sacred cemetery, and with the permission of the governor of Najaf, the Marines found themselves fighting and killing on holy ground.
CNN's Matthew Chance is embedded with the Marines.
(BEGIN VIDEOTAPE)
MATTHEW CHANCE, CNN CORRESPONDENT (voice-over): The deserted streets of Najaf, for weeks a battleground, now its beleaguered residents urged by the U.S. and their Iraqi allies to leave. There's speculation of a final push in the holy city.
U.S. forces are now patrolling its outskirts in peace, but the sacred center near the mosque of Imam Ali remains at war.
UNIDENTIFIED MALE: The Iraqi citizens are fed up with Sadr's militia. And for some reason, he chose to attack us. We're not quite sure why, what instigated this, but obviously as long as this militia is in town, even without the coalition conducting offensive operations, there really is no true peace in Najaf.
CHANCE: But this is a battle the Mehdi Army loyal to the radical Muqtada al-Sadr seems to relish. The fact it's raging around one of the Shi'a Islam's most famous sites is for his supporters a rallying call.
UNIDENTIFIED MALE (through translator): The Iraqi people received the Americans with flowers, but with God's will, they will now greet them with rockets, bombs, and bullets.
CHANCE: Across southern and central Iraq, violence has spiraled in recent days. Developments in Najaf could spell disaster.
(on camera): U.S. military officials here in Najaf insist they're sensitive to the fact that any U.S.-led assault against such a holy mosque could inflame passions against them. If it were an Iraqi force that carried out any attack, that might be different. But now, both for the U.S. military and the Iraqi interim government, who both want this matter brought to an end, patience is running out.
Matthew Chance, CNN, Najaf, in southern Iraq.
(END VIDEOTAPE)
COOPER: A 9/11 suspect goes on trial in Germany. That story tops what's happening in our global uplink.
Hamburg, Germany, the State Department says it will provide evidence from captured al Qaeda suspects in the retrial of this man, Munir al-Muqtasada Tasadeq (ph), excuse me, which opened today. He had been previously convicted of helping the 9/11 hijackers. Mutasadeq (ph) was later freed because his first trial failed to include testimony from U.S.-held al Qaeda suspects.
Southern Japan, now, take a look at this, these images. It is a landslide caught on tape by the Japanese government, which was inspecting a rain-soaked region for instability. They certainly found it. Landslide blocked a major mountain roadway. Nobody was injured.
And on a beach near Rio de Janeiro, Brazil, a beached humpback whale. About 100 rescue workers and biologists used all kinds of methods trying to get the whale back in the ocean. Unfortunately, it did not survive.
That's tonight's uplink.
360 next, parents, take note, a father's terrible mistake. A man sentenced to prison for accidentally killing his kids with cough syrup. Find out what dangers could be lurking in your medicine cabinet.
Plus, we'll take you inside the jury room. For the first time ever, see men and women struggling over life-and-death decisions. Should they put a man to death?
Also a little later, Donald Trump, he's fired. Find out why he's being cut from his own hotel chain.
360 next.
(COMMERCIAL BREAK)
COOPER: Today, in a Colorado courtroom, a father was sentenced to prison for six years for a crime everyone seems to agree he did not mean to commit. Two years ago, when 5-year-old Killian (ph) Henderson and his 4-year-old sister Rhapsody told their dad they felt sick, he gave them cough syrup. The problem was, it was adult cough syrup, and the dose in children was deadly.
CNN's Adaora Udoji has the story.
(BEGIN VIDEOTAPE)
ADAORA UDOJI, CNN CORRESPONDENT (voice-over): Prosecutors agree with defense attorneys. Robert Henderson, they say, did not intend to hurt his children. Still, today, he was sentenced by a Colorado court to six years in prison for the deaths of 5-year-old Killian and 4- year-old Rhapsody following a negligent homicide plea agreement.
ROBERT CHAPELLE, PROSECUTOR: Certainly, there are no winners. Two beautiful kid are gone, and there's nothing we can do about that now.
UDOJI: The former taxi driver admitted that in August of 2002, he came home one morning after a night shift and gave his children adult nighttime cold medicine. By the end of the day, both were dead. Despite his plea, Henderson's lawyer says they had a strong case.
JIM CASTLE, DEFENSE ATTORNEY (on phone): Our theory was is that it wasn't the cough medicine that killed them. We had experts supporting that.
UDOJI: The defense argues the state never looked for the real cause, accusing investigators of sloppiness.
CASTLE: There were problems at both the crime lab and the coroner's office that were of epic proportions.
UDOJI: Prosecutors deny that. They acknowledge determining the exact amount of cough syrup in the children's system is difficult. However, they argue that four ingredients in it potentially formed a toxic brew. They also say Henderson failed to heed warnings against administering it to children under 12, and failed to check on them for hours.
CHAPELLE: The maximum sentence under the agreement that we made, we're satisfied with that outcome.
UDOJI (on camera): Henderson says his attorney did not want to risk a possible 60-year sentence, instead choosing to plead guilty to serve his time, and try, if he can, to move on with his life.
Adaora Udoji, CNN, New York.
(END VIDEOTAPE)
COOPER: Joining me with some advice about medicine and kids, we're pleased to have Dr. Ian Smith. He's the medical columnist at "Men's Health" magazine.
Thanks for being with us, Dr. (UNINTELLIGIBLE).
DR. IAN SMITH, MEDICAL COLUMNIST, "MEN'S HEALTH" MAGAZINE: Good to be here.
COOPER: What do parents need to take away from this story? I mean, it's a parent's nightmare. SMITH: The important part is to realize that there are adult preparations and pediatric preparations. In the old days people believed you could just halve whatever it was adults were taking. And that doesn't work. For specific reasons, the concentration of the chemicals for kids is much more dilute than for adults, so you really have to read that packaging.
COOPER: And it, and it, and it all has to do with the, the, the weight of the child and the age of the child.
SMITH: Sure. If you look at the back of most of these medications, now, sometimes they have pediatric doses of these particular formulations. But if you look at the back of the package, it will say for children under 12 years of age, go by the weight and the age, and this is what you give them. If there are no guidelines for pediatrics, for kids, then it says, Ask your doctor, and your doctor may be able to prescribe something.
But it's very important to read that. I mean, this kind of mistake just shouldn't happen.
COOPER: And there's, I mean, there's just out, under no circumstances should anyone just take an adult medicine out of their medicine cabinet and half it or do it in a quarter or anything.
SMITH: No circumstances whatsoever. It's very important to remember this. Kids are a different weight, and medications are based on what your weight is. And also, you have to realize what your illnesses are. If a child has a kidney disease or a liver disease, you got to be careful what you give them, because that medication may build up toxins in the blood. So that's another point to this story.
COOPER: And there also may be contraindications, I mean, some things that don't work with other medicines.
SMITH: For example, you shouldn't take alcohol and certain drugs. You shouldn't take antidepressants and certain types of drugs like these.
So all these kind of considerations are written very clearly on the back of the box. If you don't know, the pharmacist will tell you, or you call your doctor. But a mistake like this, while it's very tragic, really is very avoidable, which is why a lot of these companies make these specific pediatric brands.
COOPER: And Mr. Henderson said he didn't even read the label, so...
Dr. Ian Smith, it's really good to have you on the show. Thanks very much.
SMITH: Good to be here.
COOPER: Well, coming up, Amber Frey, the prosecution's star witness, takes the stand. Key evidence, her secretly taped phone conversations with Scott Peterson. But what, if anything, do they prove?
Donald Trump files for bankruptcy for his casinos, and the board says, Trump, you're fired. Is the Donald's empire more fiction than fact?
And weighing life or death in the jury room. For the first time ever, cameras record how jurors decide a capital case. A man's life hangs in the balance.
360 continues.
(COMMERCIAL BREAK)
COOPER: Today, in her first day on the witness stand, the prosecution's star witness, Amber Frey, told a packed courtroom how she first met Scott Peterson on a blind date. They danced to karaoke before spending the night in a hotel room. Frey said Peterson told her he was single and seemed to want to build a future with her but after a few more dates, Frey said Peterson broke down, telling her he had lost his wife. Laci Peterson disappeared two weeks later. Frey's lawyer Gloria Allred had this to say just moments ago about how she says Peterson deceived her client.
(BEGIN VIDEO CLIP)
ALLRED: According to testimony, was there but what was he doing? Was he the grieving husband? It doesn't appear so. If you listen to his voice on the telephone recorded conversations, he sounds like a just happy, carefree bachelor on New Year's Eve for -- in Paris, calling his loved one, Amber, and saying, miss you. That was Scott.
(END VIDEO CLIP)
COOPER: That was Gloria Allred just a short time ago. Covering the case for us tonight in "Justice Served" 360 legal analyst Kimberly Guilfoyle Newsom and CNN's Ted Rowlands who has been in the courtroom throughout the day. Ted, let me start off with you. How did Amber do on the stand in the courtroom?
ROWLANDS: I think she was very believable. She was up there telling the truth. There have been different moments in this trial of different degrees of compelling testimony. This by far the most compelling. The jury was locked on her, the courtroom packed, but completely silent, and she did two things. She talked about their relationship. She also talked about the lies that Peterson had told her throughout the relationship, and I think she came across as being a very honest woman telling her story.
COOPER: And Scott Peterson, was he looking at her? Were they interacting in eyes, in any way?
ROWLANDS: No, he looked at her, took notes, talked with his counsel Mark Geragos throughout her testimony, and watched her for most of the time, but he never gave any sort of reportable, if you will, gaze or reaction to her when she was talking about all these things or when they were playing tapes of he and her talking. At one point, Gloria Allred alluded to it, he was claiming he was in Paris enjoying a fireworks show at the Eiffel Tower when in reality, he was in Modesto at a candlelight vigil for his missing wife.
COOPER: Kimberly, so Amber Frey portrayed Scott Peterson as a liar, as a cad, as this guy who lied on this New Year's Eve tape. So he's a liar. It doesn't make him a murderer.
KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: You're right about that but I'll tell you just to sum it up today with witness number 102, a deadly vicious blow was dealt to the defense. I think now beyond a reasonable doubt we know he's a liar, we know that he's an adulterer but yet, is he a murderer? I think the testimony today was important, because it really shows this guy's head was everywhere else but with his wife and his unborn son. It really shows that he wanted the single lifestyle. And I think Amber Frey while not being the whole motive for the murder, she does begin to answer the question why for the jury. It shows that she was a taste of the life he wanted to have, that that was a life he was moving towards, and a life with Laci Peterson and an unborn son was a encumbrance he wanted to get away from as quickly as possible.
COOPER: And Ted, we heard from Gloria Allred just a short time ago basically saying that Scott Peterson had told Amber Frey in one of his phone calls that he was going to be -- sorry, his schedule was going to be freed up a couple weeks from now after the holidays, he claimed because of some changes in work.
ROWLAND: Yes, and that could be the most damning thing for the defense here. He said that at the end of January he would have more free time to spend with her. And if jurors extrapolate, they could say that , well, maybe he was planning to spend time with his lover after the search for his wife died down. The defense argues, and the Peterson family -- they were here, too, today -- argues that they only had four dates. They had hundreds of phone calls between each other but only four dates and Peterson would not have given -- or killed his wife for this woman, a massage therapist who already had a child, but these tapes may prove -- may help the prosecution to prove otherwise.
COOPER: Kimberly, you say this is devastating for the defense. How will the defense go against Amber Frey?
GUILFOYLE NEWSOM: They better tread carefully, because I think she did connect with the jury, I think she came off very credible, very believable. Unbelievable amount of detail this woman remembered and you've got wire taps, tapes to back it up. Where can they run to? Where can they hide from this kind of testimony? What we saw today is this guy really has all the telltale signs of a sociopath, and guess what? A sociopath is capable of murder.
COOPER: But there is some question about when these tapes were made. I suppose the defense will try to hammer away at that. Why did she make these tapes? What were her motives in all of this?
GUILFOYLE NEWSOM: If there are tapes in fact that exist prior to her being asked to record statements by the police, that could be an area that they get into and question. But what are they going to do? She didn't alter what he had to say on the tapes, did she?
So really the tapes speak for themselves. Whether they were taped before or after, I think it's going to provide very incriminating evidence against him. It may make her look a little bit like a wannabe Inspector Clouseau, or maybe just a woman who didn't want to be burned again, a single mother who was looking for love and romance and this guy piled it on like a Harlequin romance book from day one. Rubbing roses on her face and on her chest. I mean, can you believe this, Anderson? What goes on? It was like an episode of "The Bold and the Beautiful" listening to what this guy did.
COOPER: Amazing. Ted, how do you think Amber Frey related to the jury? Were they listening in rapt attention?
ROWLANDS: Most definitely, they were riveted by everything she said. She did have some problems. A couple of times she needed a question repeated to her, she'd lose her train of thought from time to time, but it actually I think was more endearing for her, because she was simply just telling the truth and trying to get it right.
For the record, they did ask her, did you tape any conversations before the 30th of December and she said, no. There's been a lot of speculations that she did. She said on the stand that she did not. So that would help the prosecution.
COOPER: Ted Rowlands, thank you very much and Kimberly Guilfoyle Newsom, thank you very much as well.
About 750 miles from the Scott Peterson trial, another husband accused of killing his wife today for the first time heard the charges read against him. Appearing over a video feed from jail and wearing an orange jumpsuit, Mark Hacking had little to say to the court, but prosecution documents detailing the preparation, planning and execution of his alleged crime spoke volumes. CNN's Miguel Marquez has the latest.
(BEGIN VIDEOTAPE)
MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): A first court appearance for Mark Hacking, the charges now official, first degree murder and three counts of obstruction of justice. His bail increased to $1 million cash. Hacking, police say, admitted to his brothers Scott and Lance that he killed his wife Lori, who friends say was five weeks pregnant.
DAVID YOCOM, SALT LAKE COUNTY D.A.: I think he killed her not to be discovered, and with regard to his lies.
MARQUEZ: Court documents lay out what investigators believe happened. Lori Hacking confronted her husband for lying for being accepted to the University of North Carolina Medical School. Police say on the night the pair was taped on this convenience store security cam, they argued. Shortly after, investigators say Lori Hacking went to bed and Mark Hacking stayed up, played Nintendo, and then began to pack. Investigators say Hacking then came across his .22 rifle, walked to their bedroom, and shot Lori in the head while she slept. YOCOM: He used the knife, we believe to cut around the pillow- like material in the mattress, on the top of it, and we think he rolled her in that.
MARQUEZ: Investigators believe Hacking dumped his wife's body, the murder weapon, and the mattress padding in three different dumpsters. An extensive search of the local landfill has so far turned up nothing.
(END VIDEOTAPE)
COOPER: That was Miguel Marquez reporting.
On the campaign trail with both candidates trying to sell their message, the number one rule of political speechmaking seems to be this -- stick with what works. Remember Barack Obama's speech at the Democratic convention? Well, if you don't it seems you still may have a chance to hear at least parts of it again and again and again on the campaign trail. Sticking with what works, that's tonight's "Campaign Unplugged."
(BEGIN VIDEOTAPE)
BARACK OBAMA (D), ILLINOIS SENATE CANDIDATE: The pundits like to slice and dice our country into red states and blue states, red states for Republican, blue states for Democrats.
SEN. JOHN KERRY (D), PRESIDENTIAL CANDIDATE: It's not about red states and blue states. It's about the red, white and blue. It's about the United States of America. It's about our country.
SEN. JOHN EDWARDS (D), V.P. CANDIDATE: There is no red state, there is no blue state. There is only one United States of America.
TAD DEVINE, SR. ADVISER, KERRY-EDWARDS CAMPAIGN: There are not red states and blue states. There are the United States of America.
OBAMA: There is not a liberal America and a conservative America, there is the United States of America.
EDWARDS: And this is not a Democratic message or a Republican message, this is an American message.
KERRY: Some people as I said the other day may see America's red states and blue states. I believe we need leadership that sees America as one country red, white and blue, period.
(END VIDEOTAPE)
COOPER: And that's "Campaign Unplugged" for tonight.
Far away from the glitch and glamour, of presidential campaigns in a dry, dusty part of the world few us will ever likely visit, a tragedy is taking place. Hundreds of thousands of people fleeing fighting in Sudan have gathered in Sudan's Darfur region. They travel great distances. They are tired and they are hungry. And tonight, those who suffer the most are barely old enough to speak.
Chief international correspondent, Christiane Amanpour is there.
(BEGIN VIDEOTAPE)
CHRISTIANE AMANPOUR, CNN CORRESPONDENT: At this emergency feeding center in western Darfur, these children weigh what an average three-month-old would, except that they are two and 3-years- old. Doctors from the French relief group Medecins sans Frontieres measured their malnutrition.
This little upper arm bracelet tells the story. Green is OK, yellow at risk, orange is malnourished, and red is severe malnutrition.
That's the case with Hamdi Ismael (ph). He's one and a half years old and weighs only about 12 pounds. His grandmother Hadiga (ph) has brought him here, because he can't keep any food down. For a population on the edge like this one, a simple case of diarrhea can be a killer. MSF has found 20 percent of the children in western Darfur are severely malnourished. That's 1 in every 5 children. those badly off as Hamdi don't have long to live unless they can keep fluids and formula down.
(on camera): The problem is these parents -- this is in fact the grandmother, are reluctant to send them to the hospital in town, because it means having to leave the other children who are here in the camp. They're worried about who will look after them. They're worried about their safety. And this is all complicating the issue of trying to save lives.
(voice-over): Hadiga's urgent concern this day is for her grandson, Hamdi.
Dr. Anwar Ahmed tells us he that he's got all the signs of severe illness.
ADEEL JAFFERI, ISLAMIC RELIEF: Actually, during the last weeks he's getting well, but now I think there's something wrong with him. He's developing edema (ph), which for us, this is a bad sign.
AMANPOUR: Edema is a dangerous swelling, but unless it gets worse, Hamdi won't be going to the hospital. Instead, his grandmother collects some special formula for him and a sack of flour for herself. She straps her grandson to her back and heads off into the blistering heat.
Did she think he'll survive?
Inshallah, they say here, God willing.
For 360 I'm Christiane Amanpour, Agelnia, western Darfur.
(END VIDEOTAPE)
COOPER: Inshallah, indeed. 360 next, never before seen jury deliberations as they unfold, cameras rolling as jurors debate whether a man should live or die part of a new ABC documentary. The story just ahead.
Also ahead, bad luck for the Donald's, the casino's winnings are turning sour in a bad way. We'll tell you while.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: You can step down. Would you like some help?
UNIDENTIFIED FEMALE: I just don't want you people to take him away from me.
(END VIDEO CLIP)
COOPER: A mother pleading to a jury to spare the life of her son. That jury must decided whether the accused killer lives or dies. It is without a doubt, the most difficult decision a jury will ever have to make. And it's a decision that has always remained behind closed doors, until now that is.
A new ABC News documentary series beginning tonight at 10:00 Eastern, brings cameras into the jury room for the first time, as 12 men and women make the ultimate choice. The series is narrated by ABC News senior legal correspondent, Cynthia McFadden. I'm going to talk to her in just a moment.
But first a remarkable glimpse in the jury room.
(BEGIN VIDEOTAPE)
CYNTHIA MCFADDEN, ABC NEWS SENIOR LEGAL CORRESPONDENT: Mark Ducic, is charged with two counts of murder. Prosecutors say he gave hot shots, lethal drug over doses to his common law wife and this man. Both victims were fellow drug abusers, along with the Ducic.
The state's best evidence, Ducic, boasting about both murders on the tape. If convicted he could suffer a fate similar to his alleged victims, death by lethal injection.
After months of testimony, Ducic's life is now in the hands of the jury.
UNIDENTIFIED FEMALE: I find the defendant guilty and I think the state proved each of those things.
UNIDENTIFIED FEMALE: I find him not guilty.
MCFADDEN: Just an hour into the deliberations, the jury is split 10-2 in favor of convicting the defendant on the first count of murder.
UNIDENTIFIED FEMALE: I'm not convinced that his motives existed.
UNIDENTIFIED FEMALE: Bottom line, Mark Ducic, said on those tapes in his own words, that he took care of those two people, not once, not twice, he said it several times.
UNIDENTIFIED FEMALE: If you were a jury of my peers, and I was just some big talker who had a drug addiction problem, who was being snitched by somebody else with a drug addiction problem, I would just say, you know what,shoot me now. Shoot me now.
UNIDENTIFIED FEMALE: Simple. Don't let your alligator mouth overload your hummingbird ass, period.
UNIDENTIFIED FEMALE: If you can talk about it, than you better be willing suffer the consequences of the actions...
(CROSSTALK)
UNIDENTIFIED FEMALE: People talk about stuff everyday.
UNIDENTIFIED FEMALE: And that's a chance they take.
It does not matter what you think or what you believe. He said it on the tape. Period!
MCFADDEN: By mid afternoon, juror number 12, Carmela is the lone holdout.
UNIDENTIFIED FEMALE: Did he intend to cause a death, that's where the problem lies with me. I don't believe he intended to cause her death.
UNIDENTIFIED FEMALE: At the end of the afternoon break, everyone but Carmela has returned for the jury room.
UNIDENTIFIED FEMALE: We thought you got lost.
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) for now. But (UNINTELLIGIBLE). I'm excusing myself, ladies and gentlemen, from this.
I have never felt so much pressure, and I've had pressures as I have felt in this room in such a short amount of time, having to make the decision like this. I just really -- I need for myself, I can't say -- I need to know at night that I can sleep with -- and I don't feel that if I stay here, that I will be able to do that.
(END VIDEOTAPE)
COOPER: Joining me is ABC News senior legal correspondent Cynthia McFadden. Good to see you.
MCFADDEN: Great to see you.
COOPER: There's so much to talk about this. The access is incredible. Did you have any concerns about putting cameras inside the jury room?
I mean, it's never been done before in capital case.
Does it change the deliberation?
MCFADDEN: Well, first, yes, of course we had concerns. I mean, I think everyone at ABC who worked on this project, was very concerned that we not tamper with the outcome in this case. A man's life was at stake. So, it was important that we satisfy ourselves that the presence of our camera wouldn't change the outcome of the trial. Several things happened to assure that.
First, not only did the Ohio Supreme Court give us the dispensation to allow cameras, but then the court said, and you've got to get everyone who's going to be a participant to agree, not only the judge, the prosecutor, the defense, but all the jurors had to agree.
COOPER: Did you get the sense that they were playing to the cameras at all?
Anytime you bring a camera into a place, people says it changes it.
MCFADDEN: I think it probably does change it. I think it would be naive to think, we know there's a camera here, and we're probably talking differently then we were just before the camera red light came off.
COOPER: I'm exactly same in real life, but anyway. Except I don't dress as nice.
MCFADDEN: I know you don't. But having said that, I don't know, we'll never be able to unwind the reel to see. But I can tell you this, at the conclusion of the process, the judge interviewed each one of the jurors, as did we, individually and asked did it change your ability to deliberate or do you think it changed the outcome?
And everyone, 100 percent said, no.
COOPER: What did you learn from watching what went on in that room?
MCFADDEN: I learned how seriously 12 ordinary citizens take their responsibility as jurors. I learned that 12 ordinary citizens when they come together with a man's life in their hands seek to find justice. I learned that, although you're not required in the law to prove motive, the jurors want to understand what motive is.
COOPER: That's important to them.
MCFADDEN: Very important to them. I understand that the jurors bring their own life experience into -- into that room.
COOPER: How much does personal play into the decisions that get made. MCFADDEN: Let me say, a Hollywood screenwriter, I think, would have blanched it going as far as what we see happen in this. People get mad at each other. People cry real tears. People call real names at each other.
COOPER: And one of the women in the video, I mean, she was saying that the pressure, really, that she couldn't make a decision. She wanted to talk to the judge.
MCFADDEN: Absolutely. In fact, that woman does talk to the judge, and there's a very crucial turning point whether the judge will stop deliberations, whether there will be a mistrial, whether or not another juror can take her place. And let me just point out that the jury in this case is asked to do two things -- first, determine whether or not this man, Mark Ducic, is guilty, and secondly, if they find him guilty, determine whether or not he should receive death. It's a very compelling, intricate process, and of course if the jury can't decide, it's all up to the judge.
COOPER: It's amazing video. The special is on tonight, at 10:00 Eastern time.
MCFADDEN: Tonight at 10:00, and then tomorrow night at 10:00 as well. ABC is giving two hours to it. And you can go to the Web site, the entire transcript of the proceeding is there, so you can judge what a good job we did in cutting it down.
COOPER: All right. Cynthia McFadden, good to see you.
MCFADDEN: Great to see you, Anderson.
COOPER: Today's "Buzz" is this -- what do you think, should cameras be allowed in jury deliberation rooms? Log on to cnn.com/360, cast your vote, we will have results in just a few minutes at the end of the program.
And Donald Trump may be getting a taste of his own medicine. Ahead on 360, the mogul's casino's fortunes may be fading into bankruptcy. Will he be the next to be fired? Hmm.
Also tonight, remembering Fay Wray, the only woman who could make King Kong swoon.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
DONALD TRUMP, HOST, "THE APPRENTICE": This is a tough one. You're fired.
(END VIDEO CLIP)
COOPER: Well, Donald Trump's professional career has been something of a rollercoaster. He was the symbol of success in the 1980s. He even had his own airline for a while. In the '90s, he became a poster boy for the dangers of excess, narrowly avoiding personal bankruptcy. Lately, he seemed to be at the top of his game, real estate mogul, star of TV commercials, host and co-producer of some reality show -- I can't remember the name of it -- oh, yeah, "The Apprentice," yeah, right.
And today, his rollercoaster took a downward turn. Here's CNN's Gerri Willis.
(BEGIN VIDEOTAPE)
GERRI WILLIS, CNN CORRESPONDENT (voice-over): As Donald Trump likes to say on TV...
TRUMP: You're fired.
WILLIS: Now he can say it to himself. His company, Trump Hotels & Casino Resorts said it plans to file for Chapter 11 bankruptcy protection in September. Under the agreement, he'll give up the title of chief executive, and lose his 56 percent controlling ownership stake. He'll still own a quarter of the company and keep his role as chairman. When asked for comment, Trump by phone, as you might expect, remained confident.
TRUMP: It's a really positive thing, as opposed to a negative thing. We're reducing debt by $544 million. I think it is going to be a terrific company going into the future, and that's why I'm working on it.
WILLIS: This would be the second time the Trump casinos have filed for bankruptcy. In 1992, the three casinos he then owned, the Taj Mahal, Castle and Plaza, all in Atlantic City, ended up in Chapter 11, burdened by more than one billion in debt. At the time, Trump himself was at the brink of bankruptcy, but later regained control of the casinos, and wrote a book about his experience in 1997 called "Trump: The Art of the Comeback."
And while Mr. Trump has engineered a personal comeback of his own lately, starring in his own reality TV show and launching a magazine, his resorts and casinos have been losing money.
(on camera): Now, the Donald isn't going to be hopping in a cab and driving off like one of his reality TV show contestants. Trump told us that less than 2 percent of his wealth is tied up in the company.
Gerri Willis, CNN Financial News, New York.
(END VIDEOTAPE)
COOPER: Well, she is the actress who stole King Kong's heart. Next on 360, remembering Fay Wray. We'll take her role in cinematic mortality to "The Nth Degree."
And tomorrow, a Texas man, using a billboard and a Web site to find a liver. We'll talk to him.
First, today's "Buzz," what do you think, should cameras be allowed in jury deliberation rooms? Log on to cnn.com/360. Cast your vote. Results when we come back.
(COMMERCIAL BREAK)
COOPER: Time now for "The Buzz." Earlier we asked you, should cameras be allowed in jury deliberation rooms? More than 21,000 of you voted. Eleven percent of you said yes; 89 percent said no. Not a scientific poll, but it is your buzz. And we appreciate you voting.
Tonight, taking a shared memory to "The Nth Degree." There are few images, very few, that have taken up permanent residence in pretty much every human head. There's a Statue of Liberty, in the universal mind's eye, an Eiffel Tower, a Big Ben, and a bright blue Earth as seen from space.
And then there's this -- a beautiful young blond woman in shredded clothing being held very gently in the fists of a gigantic ape. We all know it's a complete fake. There never was a gorilla of such size. King Kong did not exist, and so, of course, did not climb the Empire State Building trying desperately to escape the civilization to which he'd been kidnapped. Only the beautiful young woman ever actually existed. And now she no longer does.
Fay Wray died yesterday at the age of 96, many decades after sinking into the universal human consciousness.
It's wrong to call this a movie. "King Kong" is much more like a dream all of us on the planet have been having from time to time for a couple of generations now.
Thank you very much, Ms. Wray. Rest assured that we're not about to stop dreaming of you just because you're gone.
I'm Anderson Cooper. Thanks for watching 360. Coming up next, "PAULA ZAHN NOW."
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
