Return to Transcripts main page

Anderson Cooper 360 Degrees

Ashcroft, Evans Resign From Bush Cabinet; Juror Dismissed in Scott Peterson Trial

Aired November 09, 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 from Los Angeles. I'm Anderson Cooper.
One of the most divisive members in the Bush cabinet resigns.

360 starts now.

A major shakeup in the Bush administration. Attorney General John Ashcroft and Commerce Secretary Don Evans resign. Who's next?

A shocking twist in the Scott Peterson trial. A juror goes too far and a judge kicks her out. Will this jury ever reach a verdict?

U.S. forces tighten the noose on Falluja, but has terrorist mastermind Abu Musab al-Zarqawi already slipped away?

A Texas shootout caught on tape. Suspected bank robbers lead police on a high-speed chase that ends in a hail of gunfire.

And why are some pregnant women starving themselves to look good? Are these diets dangerous to their babies?

ANNOUNCER: This is a special edition of ANDERSON COOPER 360.

COOPER: And good evening again from Los Angeles.

We begin with breaking news tonight that changes have begun. John Ashcroft, one of the most controversial attorney generals the country has ever had, announced his resignation a short time ago, as did Commerce Secretary Donald Evans.

We turn to senior White House correspondent John King in Washington for details. John?

JOHN KING, CNN SENIOR WHITE HOUSE CORRESPONDENT: Anderson, the White House announcing these two high profile departures from the Bush cabinet tonight. It's interesting to note, though, the attorney general's resignation letter was dated one week ago, November 2, election day. He said in that handwritten note to the president that he wanted to write it by hand so it could be kept confidential so that the president could announce his resignation at a time of his, the White House's, choosing.

Secretary Evans, his letter dated today, November 9, the Secretary Evans resigning one day after the White House made it clear that Andy Card would stay on as the chief of staff in a second Bush term, that a position many thought that Secretary Evans would have been interested in if it came open.

Now, the attorney general, by far the most controversial of these two figures, he's a favorite of religious and social conservatives, a key player, the president said in a statement, in keeping Americans safe from future, from additional terrorist attacks after the 9/11 attacks more than three years ago, but vilified by many liberal groups. They say that John Ashcroft trampled civil and constitutional liberties in this country in his enforcement of the PATRIOT Act after 9/11.

In his resignation letter, the attorney general says this, he says, quote, "The objective of securing the safety of Americans from crime and terror has been achieved. The rule of law has been strengthened and upheld in the courts. Yet I believe that the Department of Justice would be well served by new leadership and fresh inspiration." Again, that letter getting to the president a week ago, the White House saying the president decided to announce that resignation today of his attorney general, of his close personal friend from Texas, the Commerce secretary, Don Evans, as well.

Potential successors already being mentioned at the Justice Department, many think the president will look first to Larry Thompson, once an Ashcroft deputy. Don Evans was the chief fund- raiser of the first Bush campaign for president in 2000. The man who held that job this time around, Mercer Reynolds, among those names as a potential candidate for Commerce secretary.

Anderson, all the White House will say tonight is that the president will move as quickly and expeditiously as possible to find new nominees. Both men, Mr. Ashcroft and Mr. Evans, have said they will stay in their jobs until their successors are confirmed, Anderson.

COOPER: All right, John King with the latest from the White House. Thanks, John.

There are a number of developing stories were, that are happening now we're closely following.

The continuing assault on Falluja, it's now in its second day, and new pictures are just coming in to CNN. Take a look. Thousands of American and Iraqi forces are right now moving house to house, rooftop to rooftop. They have fought their way to the center of the city. In this age we've become used to killing at great distances with high-tech weapons, but right now as you see, the fight for Falluja is happening in very close quarters.

Jamie McIntyre is following the action from the Pentagon.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN PENTAGON CORRESPONDENT (voice-over): A seven-hour firefight in the heart of Falluja's Jolan neighborhood. Marines exchanging heavy fire with insurgents using rocket-propelled grenades and mortars. UNIDENTIFIED MALE: (UNINTELLIGIBLE), this is (UNINTELLIGIBLE) three, be advised, (UNINTELLIGIBLE) down the road was (UNINTELLIGIBLE) LPG (UNINTELLIGIBLE) and where the round just came from.

MCINTYRE: Several Marines are wounded. But despite these pictures, U.S. commanders say the overall resistance in Falluja so far has been sporadic.

UNIDENTIFIED MALE: I think the enemy is fighting hard, but not to the death, and I think that they are continuing to fall back...

MCINTYRE: The U.S. and Iraqi troops are finding fewer booby traps than expected. That may be in part to the effective use of airstrikes like this one two weeks ago. A 500-pound bomb dropped by a Navy F-18 sets off a chain reaction, taking out a string of roadside bombs lining a main road near Falluja.

So far, commanders say casualties have been light for urban warfare. In the first 48 hours, 10 U.S. and two Iraqi troops were killed, with about two dozen wounded.

UNIDENTIFIED MALE: A.J., stay out of the streets. (UNINTELLIGIBLE) walk, (UNINTELLIGIBLE) watch your top and bottom, watch the windows, watch everywhere you go. Check the walls.

MCINTYRE: The offensive is ahead of schedule, with many key objectives taken as the outer crust of the insurgent offenses crumbled under the U.S.-Iraqi assault along with the bridges across the Euphrates, the rail station, the hospital, several military buildings, and mosques are now secured as the stranglehold tightens on the Jolan district, thought to be an insurgent stronghold.

UNIDENTIFIED MALE: I think we're looking at several more days of tough urban fighting.

(END VIDEOTAPE)

MCINTYRE: But General Metz concedes that the most-wanted man in Iraq, Abu Musab al-Zarqawi, likely escaped Falluja along with most of his senior leadership. The question is how many of the estimated 2,000 to 3,000 insurgents who were thought to be there might have left with him, Anderson.

COOPER: Jamie McIntyre from the Pentagon, thanks. We're going to talk about that with CNN terrorism analyst Peter Bergen a little bit later on, details about Abu Musab al-Zarqawi.

But we have more breaking news out of Washington right now. Let's go straight to CNN national security correspondent David Ensor. David, what's going on?

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Well, Anderson, CIA analysts have been looking at a tape that was made public by ABC News that it says it obtained in Waziristan along the Pakistan-Afghan border. On it, you may recall, there was a person who identified himself as al Qaeda, his face was partially covered, and he spoke with an American idiomatic English and made threats of further attacks against the United States.

This is the tape in question.

Officials are now saying that they believe they may have identified who this person is, and that he -- they believe he may be, an official says "We have confidence but not certainty" that he may be a man named Adam Gadahn, a young man from Southern California, born Adam Pearlman, but his family changed their name at a certain point. He converted to Islam and was the member of a mosque down in the Southern California area, said to have been a troubled teenager, and has disappeared some time ago now from that part of the world.

So it looks as if, if these officials are correct, that young man has now made his way to the Pakistan-Afghan border area and put out this tape threatening al Qaeda attacks against the United States, Anderson.

COOPER: David, in the tape, though, there weren't any specific references to specific attacks that were coming, it was more just sort of general harangue, was it not?

ENSOR: That's about the size of it, that's right. And the voice was sort of strangely accented, but basically an American idiomatic English. When they compared that tape with tapes that exist of Adam Gadahn earlier as a teenager, the resemblance is quite striking.

COOPER: Interesting. All right, David Ensor, appreciate that breaking news. Thanks very much.

For more on this, let's talk with CNN terrorism analyst Peter Bergen.

Peter, what do you make of this, Adam Gadahn, this young man, apparently troubled at one point, making this tape? What's the purpose?

PETER BERGEN, CNN TERRORISM ANALYST: Well, it's part of a media offensive by al Qaeda. There was a -- three tapes that we have, all coming roughly at the same time, Ayman al-Zawahiri, the number two, releasing a tape on the third anniversary of 9/11, the tape from Gadahn, and then the tape from bin Laden himself, bin Laden appearing as a statesman, and then Gadahn in this tape appearing like a foot soldier with a much more threatening message against the United States.

So I think it was, you know, I don't think it was a coincidence that all these tapes came within a two-week period, basically.

COOPER: You know, I remember when we aired this tape, and I was concerned about airing it, really, because, I mean, anybody can make a tape, and, you know, this, he could be just sitting in a garage somewhere in Pakistan making this tape. Is it -- is part of the (UNINTELLIGIBLE) -- I mean, is it just to scare people here? Is it for recruitment purposes overseas?

BERGEN: Well, I guess it's to sort of show we're in, show we're still in the game and that we're capable of making these threats. As you say, the threats can be totally meaningless. But if you go back to, I think it was May of this year, Gadahn was one of seven people that the FBI made a pretty large press conference about, saying, These are the seven people we're most concerned about.

So clearly Gadahn is not somebody that, you know, is sort of a low-level player, it's somebody that the FBI regards as one of the seven people they'd most like to find. One or two of those people have been found in Pakistan since, but Gadahn obviously remains at liberty.

COOPER: It's a fascinating story. Peter Bergen, we appreciate you joining us for that. Thanks very much.

Here in California there's been a major shakeup of the Scott Peterson murder trial. After four days of deliberation and dissension, the judge removed one of the jurors today from the panel. She's juror number seven, a self-proclaimed crusader, who said she never buckles under pressure from other members of the jury. And as the new jury starts all over, the mystery as to why juror number seven was dismissed maybe ending. We may have some answers today.

CNN's Ted Rowlands is live at the court in Redwood City for the latest. Ted?

TED ROWLANDS, CNN CORRESPONDENT: Well, Anderson, a source close to the case is telling CNN that juror number seven was dismissed after she was turned in, if you will, by another juror for doing independent research in the case. And that could be anything from surfing the Internet and disclosing what she learned or even watching television and telling other jurors a tidbit or two about this case.

This afternoon the judge in the case brought all of the jurors into the courtroom and officially made the change. He brought down the first alternate to switch seats and go sit in the seat occupied by juror number seven.

Now, the switch is an interesting one because the first alternate in the case is a woman in her late 20s or early 30s. She has four children and nine tattoos. She quit her job at a bank locally here after she was selected as part of this Peterson jury. She has been very emotional during the proceedings, breaking down a number of times, including when she saw the videotape -- or the pictures of the autopsies, also a videotape discussion with Diane Sawyer by Scott Peterson.

By far, she has been the most colorful character, if you will, on this jury panel.

(BEGIN VIDEO CLIP)

JIM HAMMER, LEGAL ANALYST: She's not afraid to go her own way. And again, in a jury where the prosecutor needs all 12 to agree, that's not a good thing.

(END VIDEO CLIP) ROWLANDS: Now, the judge told jurors that they have to start from scratch with their deliberative process. They started that late this afternoon. But the bottom line, this change will most likely mean a delay in the deliberation.

(BEGIN VIDEO CLIP)

CHUCK SMITH, LEGAL ANALYST: Well, I imagine that they'll begin at the beginning, the, it will be abridged in some degree because human nature is human nature. But they will bring her up to speed, and quite frankly, if they came back this afternoon or tomorrow or tomorrow afternoon with a verdict, it would be a suspicious verdict because people would conclude they didn't follow the law.

(END VIDEO CLIP)

ROWLANDS: Now, a source coats to the case is telling CNN that juror number seven had absolutely nothing to do with what erupted in the situation -- or what happened in the courtroom yesterday, where the judge had to bring the jury in and readmonish them because of trouble with the deliberative process. They say this is a completely separate issue, but another bump in the road as they continue to deliberate the fate of Scott Peterson, Anderson.

COOPER: And not just continue, but have to start all over again. It's got to be frustrating for them there. Ted Rowlands, thanks for that from the courthouse.

For more on the Peterson jury shakeup, joining me from Watertown, Massachusetts, is former prosecutor Wendy Murphy and from Miami, defense attorney Jayne Weintraub. Good to see both of you.

Jayne, let me start off with you. Jayne, are you surprised that a juror has been replaced and a mistrial not declared at this point?

JAYNE WEINTRAUB, DEFENSE ATTORNEY: I'm shocked, although I really shouldn't be, because this is a train that will not be derailed. It is a conviction at all costs for the government, the state that's out there. And I think the judge as well. And this is an indication of that.

You know, Anderson, it is shocking to me that if there was misconduct by the juror and the other jurors were contaminated, everybody heard the same information. You can't unring the bell. I mean, people are human, and you can't forget what you heard or what you saw.

COOPER: Wendy, Jayne is basically saying the judge wants a conviction. Do you think that's true?

WENDY MURPHY, FORMER PROSECUTOR: You know, it's almost laughable for Jayne to suggest that, because what the judge did is what any good judge should do, finding out that a juror has engaged in misconduct is a violation not only of the law, but the juror's oath. And they were instructed not to do their own outside research. This is a juror who, something like juror number five, who was ousted early on for the same kind of violation, shouldn't be sitting in judgment in this case, because they are only supposed to take into account the evidence that was presented in court.

(CROSSTALK)

MURPHY: ... doesn't make the judge a bad man, it makes him a smart judge.

COOPER: Jayne, go ahead.

WEINTRAUB: And his conduct has now been contaminated to the other jurors. They're all in the jury room. They all heard...

MURPHY: You don't know that.

WEINTRAUB: ... whatever this juror did.

MURPHY: Jayne, you don't know that. And we know that the judge probably brought in a bunch of the jurors one by one so that they could be interviewed away from each other, and they were probably asked that very question, which is a fair question, Jayne. I agree with you.

COOPER: Now, Wendy, I understand that you think that this juror who was dismissed was leaning toward an acquittal. Why do you think that?

WEINTRAUB: Well, I'm just suspecting that this was a pro-defense juror for a couple of reasons. One is that she said she was not unwilling to be a holdout, that she was stubborn. She told that to everybody in the beginning. And then when she walked in this afternoon, Anderson, it was wildly reported she was the only one who looked right at Peterson. And, you know, this kind of holdout, this kind of rogue juror situation typically means...

MURPHY: A rogue juror?

WEINTRAUB: ... (UNINTELLIGIBLE)...

MURPHY: A juror who's sticking to her...

WEINTRAUB: ... (UNINTELLIGIBLE).

MURPHY: ... convictions because she believes in an acquittal?

(CROSSTALK)

WEINTRAUB: ... exactly what we want.

MURPHY: Violating the law, Jayne. Violating the law is not something I would want.

WEINTRAUB: Well, she's entitled to her opinion.

(CROSSTALK)

COOPER: Jayne, do you really want a member of the jury surfing the Internet, looking, doing their own research?

WEINTRAUB: No, I don't, but I don't know that we know that's what happened. Look, either there was misconduct or there was refusal to deliberate. We're not even sure which it is yet. We do know one thing, the process should have been bringing in the jurors one by one, although the media was in the courtroom, Anderson, and they don't report that the jurors were brought in one by one.

And it has also been reported by Ted Rowlands, for example, that one of the other jurors outed this juror number seven. So that leads me to believe that juror, that the other jurors did know whatever misconduct occurred, which is awful, is contaminating the rest of the jurors.

(CROSSTALK)

WEINTRAUB: ... just disregard it...

(CROSSTALK)

COOPER: Final thought, Wendy.

MURPHY: (UNINTELLIGIBLE), the fact that they were aware of the misconduct doesn't mean it tainted the proceedings, and there's no question...

(CROSSTALK)

WEINTRAUB: And they'll forget they heard it?

MURPHY: ... the judge had to ask them whether their deliberative processes were affected. If they said no, they're entitled to continue. There's nothing wrong with that.

COOPER: We're going to end it there. Wendy Murphy, appreciate you joining us, and Jayne Weintraub, always good to talk to you.

Later on 360 we're going to talk about today's developments with a man who knows the jurors very well. He as dismissed from the jury in the Scott Peterson murder trial months ago. That's later on 360.

A standoff at the Mexican consulate right here in Los Angeles tops our look at what's happening cross-country.

A suspected hostage taker was shot by police outside the consulate. There's the tense unfolding earlier today. Police say the man entered the building and walked out holding a woman at gunpoint. SWAT team moved in, shot the suspect. The man is in critical condition, the woman was not hurt. Police don't know how the man got past security or his motive at this point.

Pontiac, Michigan, now, an admitted serial killer on trial. Coral Eugene Watts, that's him there, confessed to 13 murders in the early 1980s but received a sentence that will allow him to be released from a Texas prison in two years. He's now on trial for a 14th murder. If convicted, Watts faces a mandatory life sentence without the possibility of parole.

Olympia, Washington, now, a man convicted of deliberately exposing 17 women to HIV. Anthony Whitfield faces a minimum sentence of 137 years behind bars. Whitfield's legal team says he never meant to inflict, quote, "great bodily harm" as required under the first degree assault charges.

And Washington, D.C., First Lady Laura Bush reopens America's main street to foot traffic only, Pennsylvania Avenue in front of the White House. It's got a whole new look. Gone are those ugly concrete barriers, replaced by retractable security posts, wider sidewalks, and some new landscaping. The street has been closed to vehicles since the 1995 Oklahoma City bombing, but it's now reopened.

That's a look at stories cross-country.

Coming up next on 360, why the rape case against Kobe Bryant fell apart. A prosecutor speaks out for the first time in a CNN exclusive.

Plus millions of our kids home alone, obese, taking psychotropic drugs. One author's controversial book about why so many kids are in such bad shape.

Also ahead tonight, Texas-style shootout, cops and robbers caught on tape.

All ahead. First, let's take a look at your picks, the most popular stories on CNN.com right now.

(COMMERCIAL BREAK)

COOPER: Welcome back from Los Angeles.

Well, the woman who accused Kobe Bryant of rape isn't talking. The man who is going to prosecute the NBA star is in an exclusive interview with CNN. And what he has to tell may shed light on why the criminal case against Bryant fell apart.

CNN national correspondent Gary Tuchman has more in this exclusive report.

(BEGIN VIDEOTAPE)

MARK HURLBERT, DISTRICT ATTORNEY: I'm not going to be taking questions at this time.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): The district attorney who prosecuted Kobe Bryant has kept a low profile since he dropped the case seven weeks ago. But now, a week after winning reelection, he is taking questions.

HURLBERT: She had actually called me and said, you know, Mark, I can't go forward. I tried to convince her to go forward. I said, Let's give you two days and think about it. And then she came back to me on that Wednesday and said, I absolutely cannot go forward. TUCHMAN: DA Mark Hurlbert's comments came before a civic group in Denver, but differ from comments made by one of the accuser's personal attorneys. John Clune tells CNN one of the reasons the 20- year-old decided not to go further was because of Hurlbert's team, saying, "They did nothing to prepare this girl. She felt like the prosecutors didn't believe her any more," Clune saying that a mock trial set up by prosecutors to prepare her actually ended up shaking her confidence.

Hurlbert's response to CNN...

HURLBERT: That was the report I got from pretty much everybody, that she did well, that she did a good job. And I still think I have a good relationship with her and with her parents. And I don't think that that is really true.

TUCHMAN: A civil suit is still pending, but John Clune says a decision will soon be made about whether to try to move that case from Colorado to California, where there is no financial cap. Clune says, "She wants to get her story out there. If it settles, it settles. If not, she will testify. There will not be a resolution like the criminal case."

CRAIG SILVERMAN, COLORADO ATTORNEY: Kobe Bryant has some incentive to settle and move on with his life. On the other hand, he could seek vindication through a trial, a civil trial, be it in California or Colorado.

TUCHMAN: The first hearing in the civil case is scheduled in a Denver federal courtroom next week.

Gary Tuchman, CNN.

(END VIDEOTAPE)

COOPER: Well, Palestinian Authority President Yasser Arafat slips deeper into a coma. That tops our look at what's happening around the world in the uplink.

In Paris, France, a top Palestinian aide reports that Arafat has suffered a brain hemorrhage, and French hospital officials confirm his condition has worsened. Today, Egypt offered to host the funeral service if Arafat should die.

Tehran, Iran, now, mass-producing missiles. The country's defense minister says the government can make large numbers of ballistic missiles as easily as a automaker can produce a line of cars. The missiles are capable of reaching Israel and U.S. forces in the Middle East and can be armed with a nuclear warhead.

Amsterdam now, the Netherlands, thousands of people gathered to mourn the murdered filmmaker Theo Van Gogh. Meanwhile, Dutch Muslims and Christians are calling for an end to retaliatory vandalism of churches, mosques, and schools. Van Gogh had received death threats for a controversial film he made about women and their treatment under Islam. His alleged murderer is a suspected Islamic radical. In London, England, exposed at the airport, literally, a new security scanner at Heathrow uses low-level radiation to see through people's clothing. The airport says feedback on the machines has been positive. Maybe for the people looking at the pictures, but as you may guess, civil liberty groups are calling the X-rays unjustified and intrusive. See what happens.

That's tonight's uplink.

Now this just in, a night of breaking news tonight. Charles Duelfer, the CIA's point man looking for WMD in Iraq, tells CNN he narrowly escaped death yesterday when his convoy was attacked by insurgents. He says the insurgents blocked the road from Baghdad's airport with a burning vehicle and then opened fire, killing two security guards. That road from the airport among the most dangerous roads in Iraq right now.

360 next, why some pregnant women are fighting against their own bodies, and possibly doing real harm to their babies, all because they want to look good. Part of our special series Starved for Perfection.

Also tonight, cabinet shakeup, John Ashcroft resigning. He's not the only one. We'll have the latest on that breaking news.

And a little later on 360, improper conduct, a juror given the boot from the Scott Peterson trial. We'll talk to a former jury, juror about what may be going on.

(COMMERCIAL BREAK)

COOPER: And welcome back from Los Angeles.

There is a disturbing trend we've been noticing among some pregnant women. They're watching their weight and counting every calorie along the way. For them, being pregnant means being thin, and they'll go to extremes to stay that way, regardless of the health risk. They want the perfect bump. That's what some call it, just like celebrities.

CNN medical correspondent Elizabeth Cohen as we continue our series, Starved to Perfection: Thin at All Costs.

(BEGIN VIDEOTAPE)

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT (voice-over): For many pregnant women, it's the ultimate goal to stay as skinny as Sara Jessica, (UNINTELLIGIBLE), or Catherine, to look like Julia. Here she's seven months pregnant with twins. To have that bump in the belly and not an ounce of fat showing anywhere else.

But the drive to stay skinny and sexy could be putting some pregnant women and their babies in danger. A Johns Hopkins study has found that one in five pregnant women actually think it's OK to skip meals, even though studies show women who don't gain enough weight are more likely to have premature babies.

Today's hottest maternity fashions certainly make women want to watch the pounds.

(on camera): Talk about feeling pressure to look tiny when you're pregnant, now at maternity stores, they sell thongs.

LIZ LANGE, MATERNITY CLOTHING DESIGNER: We have dress sell to many pregnant celebrities.

COHEN: Liz Lang is maternity clothing designer to stars like Julia Roberts and Kelly Ripa. She knows about the desire to stay little when you're getting bigger.

LANGE: We have had to add a smaller size, that size being a zero. A zero isn't a true zero. We have our own size system here. But a very, very, very small size for those skinny miniwomen who are just, you know, skinny, skinny, skinny with a little belly.

COHEN: Some doctors say the trend is not necessarily worrisome. It is possible for underweight women to give birth to healthy babies. It happens every day. But other health experts worry too many women are putting their appearance ahead of their babies.

JULIE TUPLER, AUTHOR, "MATERNAL FITNESS": Going without food or not getting those calories really affects the baby.

COHEN: Doctors say it's best to gain between 25 and 30 pounds during pregnancy, and to never, ever diet while pregnant. And here's some advice from the designer to the stars.

LANGE: Yes, the idea of trying to have a skinny pregnancy is kind of crazy. You just want to celebrate this time and look good and feel good and have fun with it.

COHEN: Elizabeth Cohen, CNN, New York.

(END VIDEOTAPE)

COOPER: That's what she says. She's selling thongs.

Joining me from New York is Laurie Abraham, editor at large for "Elle" magazine, author of the "New York" magazine article, "The Perfect Little Bump." And it was a fascinating article, Laurie. I read it.

I really didn't know about this, this sort of this trend among some pregnant women, and it is really just some pregnant women. I want to read to the folks at home two things that were in your article. One mother said to be a mother to be said, quote, "I'm not thinking it's OK to get bigger. I'm pregnant. I'm thinking, This is depressing." Another expectant mom said to be pregnant and obsess over your size is to be merely conscious.

Were you surprised at how far some people go?

ABRAHAM: Well, when I first started researching the story, I got onto the urban baby Web site, and I came across these long lists where all that would be -- all that you would see is the weeks pregnant of the women and how much weight she had had gained. Page after page of this, where women were comparing themselves in this very terse way but were obviously obsessed with it. And then in offices you hear rumors about women saying, oh, did you know women are having cesarean sections early in their eighth month of pregnant so they don't gain that last dollop of weight. And while I wasn't able to confirm things like that, I think they sort of speak to the anxiety people have. And the language that we're using, the bump, the basketball, the belly on two sticks. All of that stuff talks about there being a different esthetic that women are aspiring to when they're pregnant.

COOPER: I mean, did you find women who were actually dieting while they were pregnant?

ABRAHAM: You know, contrary to the earlier report, I didn't find women who were starving themselves or their babies. I did find people that were, like, they knew, for example, they were supposed to eat 300 calories more when you're pregnant or some doctors say that, and so they would try to hit that exactly on the head. Or they knew that when you exercise, your heart rate shouldn't go over 140 beats per minute, so they would wear a heart rate monitor and push it to the limit, trying to get as close to 140 as they can. But I didn't really find anyone who was obviously risking their own health or their baby's health. In fact, a lot of the experts on eating disorders say that anorexics and bulimics, some of them, not all of them, but do well when they're pregnant because they think it's finally not about them. There's this foreign object, as one therapist put it to me, this foreign object inside of them that they have to take care of.

COOPER: Well, it's a fascinating subject. It was a fascinating article in the "New York Magazine." Laura Abraham appreciate you joining us, thanks.

ABRAHAM: Thank you. Thank you.

COOPER: Our "Starved For Perfection" series continues tomorrow. We'll examine the image problems that men are facing.

On Thursday, models under intense pressure to stay thin, some expose their diet of deception, that's what they call it.

And Friday, don't believe what you see. How magazines create a beauty that's simply unattainable. That's an important story. We'll be right back.

A shocking twist in the Scott Peterson trial. A juror goes too far and the judge kicks her out.

Will this jury ever reach a verdict?

A Texas shoot out caught on tape. Suspected bank robbers lead police on a high-speed chase that ends in a hail of gunfire.

And are you ready for the "360 Challenge?" If you think you know news, get ready to take our current events quiz when 360 continues.

(COMMERCIAL BREAK) COOPER: And we are live from Los Angeles. We want to up date you now on our breaking news. There has been two resignations from President Bush's cabinet. Attorney General Ashcroft has announced he's leaving, as has Commerce Secretary Don Evans. Justice correspondent Kelli Arena, standing by to talk about the departure of Ashcroft -- Kelli.

KELLI ARENA, CNN JUSTICE CORRESPONDENT: Anderson, Ashcroft send a handwritten letter to the president on election day, apparently making up his mind to leave his post even before the election results were in. In a letter to his staff, he says that his resignation will be effective when his successor is confirmed. Now this news didn't come as big surprise. We reported last week that sources close to him were telling us that they expected him to be among the first to go. It's also no surprise that the betting has already begun on who will get his job.

Now, one candidate that repeatedly comes up is former Deputy Attorney General Larry Thompson, but he just took a job with Pepsico last month. Other names that have been batted around include the White House Counsel, Alberto Gonzales, former New York Mayor, Rudy Giuliani, and the chair of the Bush Cheney campaign, Marc Racicot.

Now, Ashcroft has been somewhat of a lightning rod for this administration, as he changed the mission of the Justice Department from prosecuting terrorists to preventing terrorist acts. He was controversial on the job, and remains so. His critics already putting out statements about his tenure, Anderson.

COOPER: We'll be watching to see who replaces him. Kelli Arena, thanks for that.

Moving on to our other developing story that we've been following this hour. Here in California, she was supposed to decide Scott Peterson's fate, but it's the fate of juror number seven that's been decided today. The judge presiding over the murder trial removed her from the panel and replaced her with an alternate. And the switch means the new jury will have to start deliberations all over again. One person who knows what it's like to be on the Peterson juror is Justin Falconer. He was served as a Peterson juror before being dismissed.

He joins me now from Kansas. Justin thanks for being with us. And from Seattle, I'm joined by well known trial consultant, Paul Lisnek.

Paul good to see you as well.

Justin, I want to show our viewers what we know about juror number seven, the juror who was removed today. She's an Asian woman in her 40s, she described herself as a crusader.

What else do you know about her? What else can you tell us?

JUSTIN FALCONER, FORMER PETERSON JUROR: She was really friendly. She was really open-minded when I was there in the beginning. You know, we spent some time together, you know, had lunch with the group, and she was always very interactive with everybody. She was always very friendly, very intelligent, very open-minded. And I'm surprised she's the one that was kicked off.

COOPER: Well, this alternate juror, Justin, the little bit that we know about her, she appears to be, I guess, in her late 20s, early 30s. She's the mother of four. She actually quit her job to serve on this jury, and there's, you know, wild speculation out there, but some people are saying they think she favors the defense.

Is there anything you know about her that would make you think that?

FALCONER: I would agree with that. Just from what I've been hearing through the other news organizations and what not, that, you know, I think she does. I think she favors the defense a little bit. You know, I think she's a strong-willed woman as well. She's very intelligent. She's out there a little bit. She definitely put her two cents in and she's going to battle for her position. Like I said, she's a mother of four boys, so she has something to say.

COOPER: Paul, you've watched juries a lot. How hard is it for a jury to start over from scratch. They have this new alternate in. They have to start deliberations all over again.

PAUL LISNEK, TRIAL CONSULTANT: Well, yes, it's not really from scratch, Anderson, because this new juror, of course, has been there the entire time. She just hasn't been there the last few days of the deliberation. They'll spend some time getting her up to speed. You know technically they could even revisit whether they want to select a new foreperson. They probably won't, but they could. They'll take some time, get her up to speed, and then this process will move along. Again, she's not unfamiliar with to them, she's been around. So, as Justin knew her, so do the fellow jurors know her as well.

COOPER: Paul, we don't know the full reasons of why she was removed. I mean, there have been these reports from sources that she was doing her own research. Why would a jury do that? I mean, they know not to do that. I mean, I would think they know better than that.

LISNEK: You know, and kids know not to put their hands in the cookie jar. I mean, absolutely, she knew. And we don't know what she did. She may have been watching television coverage. We don't know.

But she also said early on that she would hold her position, she wouldn't let others get to her. My guess is that she was probably a battler for the defense, had some prosecution folks kind of putting pressure on her, and she began to share this information that only she knew. Well, that of course begins to taint the entire process and created the problem. It's the surest way off the jury to do that, and it's goofy to do it, but she did it. And good news is, she was caught.

COOPER: Justin, you think if she was doing it, it's a sign of the prosecution's weak case. Why? FALCONER: You know, I think it's her looking for answers. I think maybe if she was -- if she had to go elsewhere to try to find answers to her questions, I think that goes towards what the prosecution has presented towards -- you know, evidence towards this case.

I just think that there were too many open ends and there were too many questions asked. You have to understand, this entire case is speculation. We think he did this, we think he did that, we think Laci died this way, we think this is how she got to the bay.

Well, there was not enough concrete evidence, no pun intended, that she was able to grip onto, so maybe she had to go elsewhere. Maybe she felt like in order for her to sleep better at night, she needed more information, so she took it in her own hands. And unfortunately -- I'm sorry, go ahead.

LISNEK: I just to want say, almost every case, Anderson and Justin, of course it's based on circumstantial evidence, so that's nothing unusual here. I think here, the issue is whether the strength of all those pieces, also not to pun, but whether or not that cemented the prosecution's case is what these jurors are wrestling with.

COOPER: All right, let's stop the punishment. Paul Lisnek, thanks for joining us. Justin Falconer as well, thanks very much.

FALCONER: Thanks, Anderson.

LISNEK: Thank you.

COOPER: In Texas, a member of the so-called Takeover Bandits is behind bars, accused of more than 60 armed robberies. Now, two of his suspected cohorts still on the run tonight, all this after their latest alleged crime, a brazen bank robbery, then a police chase that turned into a wild shootout. Bullets were flying, carjackings, all of it caught on a dash cam of a police cruiser. CNN's Ed Lavandera gives us a look.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: We got automatic fire, automatic...

ED LAVANDERA, CNN CORRESPONDENT (voice-over): It's about 10:30 in the morning last Thursday. Police say the three men inside the red Suburban had just robbed a bank in the north Dallas suburb of Richardson. As the men tried to get away, they came across one off- duty police officer, and opened fire.

UNIDENTIFIED MALE: My squad was shot at. I repeat, my (UNINTELLIGIBLE).

UNIDENTIFIED MALE: Are you OK?

UNIDENTIFIED MALE: I just got a lot of glass damage on me.

LAVANDERA: In a matter of seconds, a team of Richardson police get dangerously close. The gunmen, using AK-47 style weapons, fire more than 100 rounds. The officer in this car escapes unharmed, even though one of the bullets pierced the headrest of the driver's seat.

UNIDENTIFIED MALE: You guys, be careful, man. There's automatic weapons fire.

LAVANDERA: The gunmen exchanged the first exchange. The chase continues, but the men look for another escape.

UNIDENTIFIED MALE: It looks like an abandoned vehicle, and they're hijacking the vehicle.

LAVANDERA: Now the bandits are in a white pickup truck, but that ride doesn't last long.

UNIDENTIFIED MALE: We got a force four (ph), major accident. They're battling (ph).

LAVANDERA: As the three men climb out of the pickup, one turns around and continues firing, even as another car coasts through the intersection.

UNIDENTIFIED MALE: They're shooting (UNINTELLIGIBLE).

UNIDENTIFIED MALE: More shots fired! More shots fired!

LAVANDERA: The three men run away on foot. Police say they stole another car, and were able to get away. The chase lasted less than 15 minutes, and no one was seriously hurt.

Ed Lavandera, CNN, Dallas.

(END VIDEOTAPE)

COOPER: An amazing video, that.

360 next, "Home-Alone America," controversial new book on the way our children are being raised.

And in a moment, today's 360 "Challenge," how closely have you been following today's news? We'll put you to the test, next.

(COMMERCIAL BREAK)

COOPER: Time now for today's 360 "Challenge." Be the first to answer all three questions correctly, we'll send you a 360 t-shirt.

What's the date of John Ashcroft's resignation letter? Question number one.

Number two, what's the number of the juror who was dismissed today from the Scott Peterson murder trial?

And number three, the suspects in the Texas bank robbery and shootout are known as Takeover what? To take the challenge, log onto cnn.com/360, click on the answer link, and to first, you'll get the first. Find out last night's "Challenge" winner and tonight's answers coming up.

(COMMERCIAL BREAK)

COOPER: Over the last 20 years, the percentage of moms who work outside the home has doubled, and over six million kids come home to empty houses, the so-called latchkey kids. At the same time, in the last decade the number of obese children has also gone up, 45 percent, and the use of psychiatric drugs by kids has doubled as well.

So is there a link between these childhood problems and parents, including working moms who are absent from the home? Our next guest thinks so. Mary Eberstadt is the author of "Home-Alone America," a new book that is getting a lot of attention. Just before the program, I had a chance to talk to her about her new book.

(BEGIN VIDEOTAPE)

COOPER: Mary, there have been books that have been written before about the effects of things like daycare and working mothers on kids. How is this book different?

MARY EBERSTADT, AUTHOR, "HOME-ALONE AMERICA": The focus for decades now has been on adults and what they want and need. Now, that's a legitimate focus, but what I'm trying to do with this book is something very different, which is to ask, what's going on with these kids? To get down on the ground and look at what I think are some unique child problems, unique to this generation. Why are so many kids heavy and obese? Why are so many millions of kids taking psychiatric medicine to control and alter their behavior? Why do medical professionals think that mental problems are skyrocketing among the young?

Those are the kind of questions I'm trying to address. So my point is just to try and get adults off the stage and take a close look at some of these things that I think we've been neglecting.

COOPER: Your book has gotten a lot of attention lately, and there are some who say that you're blaming working moms. You say you're not. What is the answer to those questions? I mean, why is there so much child obesity, why are there so many kids on psychotropic drugs?

EBERSTADT: I think what's going on and these kinds of problems that we're seeing is actually three different forces that are merging to create the vanishing parent, the absent adult home. One force is working motherhood, which is sometimes a choice and sometimes not. Another force, divorce/illegitimacy, or the absent father problem. And another one that we've paid very little attention to is the shrinking of the extended family, the fact that kids have a smaller emotional safety net now because they don't have grandparents in proximity, or as many aunts and uncles and cousins and siblings as they used to have. So I think there are three things going on. COOPER: You cite in your book, I think a study where kids actually spend more time alone than they do with their families? Is that true?

EBERSTADT: Well, that's what some researchers turned up in a study of thousands of teenagers, yes. There are other measures of how alone kids are and what kind of problems they are having because of it. For example, I have a chapter in the book on sexually transmitted disease, which is something that in teenagers particularly has medical professionals very alarmed. Something like nine million cases last year were found in the population of kids 15 to 24. And they're alarmed, because these diseases are very bad for girls in particular, going to make them infertile later and give them all kinds of problem.

So what's the link between the spread of those diseases and the empty adult home? Homes that are empty after school are homes that are more likely to have kids having sex in them, and by corollary spreading disease.

COOPER: But how much of these problems are a function of, say, poverty, you know, people who have to work, two parents who have to work, or a single mom who has to work? I mean, is part of this just, you know, sheer poverty?

EBERSTADT: Well, I don't think poverty really holds up as an explanation. I mean, yes, many parents have to work. I mention in the book that my own mother was a nurse who worked out of the house. Many parents need two incomes to keep things going. Again, this is not a finger-pointing book, but poverty does not explain these problems. In fact, some problems are worse in the higher socioeconomic bracket. We just have a lot of stuff is circulating out there that I think is linked to the absent parent home.

COOPER: Mary Eberstadt, appreciate you joining us. "Home Alone America" is the book.

EBERSTADT: Anderson, thanks very much.

(END VIDEOTAPE)

COOPER: It's a really interesting book. Mary Eberstadt.

360 next, a new mother old enough to be a grandmother. Her amazing story in "The Current" ahead.

(COMMERCIAL BREAK)

COOPER: (UNINTELLIGIBLE) Los Angeles. You know, the expression there's a first time for everything, that of course is still true. But science managed it push that first time pretty far back for some things.

For example, CNN Deborah Feyerick, is about to introduce you to a first-time mother who's old enough to be a grandmother.

(BEGIN VIDEOTAPE) DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): She's three days shy of her 57th birthday. But when people Alita St. James of why she decided to have babies now, her reason is simple.

ALITA ST. JAMES, 56-YEAR-OLD MOM: Why not, is my answer.

FEYERICK: In fact, her Italian-born grandmother who had 13 kids set the example.

JAMES: My grandmother had my mother at 53. So, I didn't have an idea that was a problem.

FEYERICK: St. James is a motivational speaker, who coaches people how to be happy.

With the birth of twins Franceca (ph), and brother Geion (ph), who's name means gift from God in Hebrew, she's made her parents the happiest people around.

CHESTER SLIWA, GRANDFATHER: In our 80's, we got grandkids, so give us impetus (UNINTELLIGIBLE) to live longer. So, I expect to live to 105 now.

FEYERICK: St. James who is single, became pregnant through in vitro fertilization, an egg donate by a younger woman fertilized outside the womb, then implanted into St. James.

DR. JAMIE GRIFO, NYU MEDICAL CENTER: No one blinks an eye when Tony Randall had a child. They all think it's kind of neat. This older guy has a kid. But now when a woman wants to do it, all of a sudden, it's like what are we doing here?

FEYERICK: St. James' younger brother, Guardian Angel Curtis Sliwa, recently became a father himself.

CURTIS SLIWA, UNCLE: Well I told the sis, I say you know, when it's my time to take him out with my little son, I'm going to be swinging geritol and taking Ben Gay baths and, boy, you're even older than I am.

FEYERICK: Except for debilitating sciatica in her left leg, St. James has an easy pregnancy, delivering by cesarean. Her message...

JAMES: If you 50 and want to do something, go for it, because it's over when it's over.

FEYERICK: Though she may not live to see her own grandchildren, she's says she's happy knowing the twins will always have each other.

Deborah Feyerick, CNN, New York.

(END VIDEOTAPE)

COOPER: Love she's holding a press conference on her bed.

360 next, the movie "Alfie" a flop on its opening weekend. Wait until you hear the excuse. We take that to "The Nth Degree." And the "360 Challenge," here's another look at tonight questions. Have you been paying attention. Logon to cnn.com/360, click to the answer link to play. Answers when we come back.

(COMMERCIAL BREAK)

COOPER: Time now for the answers to the "360 Challenge." What's the date on John Ashcroft's resignation letter, November 2nd.

What's the number of jurors dismissed today from the Scott Peterson murder trial, seven.

The suspects in the Texas bank robbery and shoot out are know as takeover what, bandits.

First person to answer all three questions correctly will be sent a "360" T-shirt. Tune into tomorrow to find out if you're the one.

Last night's winner, Lynmarie Hamel of Cleveland, Ohio. Congratulations, another "360 Challenge," another chance to win tomorrow.

Finally tonight, taking a lame execution to "The Nth Degree." Know you all know about lame excuses, we all do. They are the brainless things we are selves can barely believe we're saying in an attempt to explain away some failure. You know, the classic top of the line in this category is, the dog ate my homework. But we detect the coming of a new, top of the line lame excuse.

This weekend, "Alfie," a remake of a old Michael Cane movie, opened pretty quietly in box office terms and paramount's president of distribution believes he knows why. "It could be mood of the country right now" the man said. It seems to be the result of the election. Maybe they didn't want to see a guy that slept around. Uh-huh, yes. That makes sense. Must have been -- blame it on the election.

When the credit card company calls wanting to know where the payment is, just say, hey, I haven't been able to write a check since the election. My hand shake. Supposed you get stopped for speeding, tell the police officer, sorry officer I've had this involuntary twitch in my right foot since the election. It may not work very much longer, so we suggest you make good use of it while you can.

I'm Anderson Cooper, thanks for watching 360 from Los Angeles, tonight.

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 November 9, 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 from Los Angeles. I'm Anderson Cooper.
One of the most divisive members in the Bush cabinet resigns.

360 starts now.

A major shakeup in the Bush administration. Attorney General John Ashcroft and Commerce Secretary Don Evans resign. Who's next?

A shocking twist in the Scott Peterson trial. A juror goes too far and a judge kicks her out. Will this jury ever reach a verdict?

U.S. forces tighten the noose on Falluja, but has terrorist mastermind Abu Musab al-Zarqawi already slipped away?

A Texas shootout caught on tape. Suspected bank robbers lead police on a high-speed chase that ends in a hail of gunfire.

And why are some pregnant women starving themselves to look good? Are these diets dangerous to their babies?

ANNOUNCER: This is a special edition of ANDERSON COOPER 360.

COOPER: And good evening again from Los Angeles.

We begin with breaking news tonight that changes have begun. John Ashcroft, one of the most controversial attorney generals the country has ever had, announced his resignation a short time ago, as did Commerce Secretary Donald Evans.

We turn to senior White House correspondent John King in Washington for details. John?

JOHN KING, CNN SENIOR WHITE HOUSE CORRESPONDENT: Anderson, the White House announcing these two high profile departures from the Bush cabinet tonight. It's interesting to note, though, the attorney general's resignation letter was dated one week ago, November 2, election day. He said in that handwritten note to the president that he wanted to write it by hand so it could be kept confidential so that the president could announce his resignation at a time of his, the White House's, choosing.

Secretary Evans, his letter dated today, November 9, the Secretary Evans resigning one day after the White House made it clear that Andy Card would stay on as the chief of staff in a second Bush term, that a position many thought that Secretary Evans would have been interested in if it came open.

Now, the attorney general, by far the most controversial of these two figures, he's a favorite of religious and social conservatives, a key player, the president said in a statement, in keeping Americans safe from future, from additional terrorist attacks after the 9/11 attacks more than three years ago, but vilified by many liberal groups. They say that John Ashcroft trampled civil and constitutional liberties in this country in his enforcement of the PATRIOT Act after 9/11.

In his resignation letter, the attorney general says this, he says, quote, "The objective of securing the safety of Americans from crime and terror has been achieved. The rule of law has been strengthened and upheld in the courts. Yet I believe that the Department of Justice would be well served by new leadership and fresh inspiration." Again, that letter getting to the president a week ago, the White House saying the president decided to announce that resignation today of his attorney general, of his close personal friend from Texas, the Commerce secretary, Don Evans, as well.

Potential successors already being mentioned at the Justice Department, many think the president will look first to Larry Thompson, once an Ashcroft deputy. Don Evans was the chief fund- raiser of the first Bush campaign for president in 2000. The man who held that job this time around, Mercer Reynolds, among those names as a potential candidate for Commerce secretary.

Anderson, all the White House will say tonight is that the president will move as quickly and expeditiously as possible to find new nominees. Both men, Mr. Ashcroft and Mr. Evans, have said they will stay in their jobs until their successors are confirmed, Anderson.

COOPER: All right, John King with the latest from the White House. Thanks, John.

There are a number of developing stories were, that are happening now we're closely following.

The continuing assault on Falluja, it's now in its second day, and new pictures are just coming in to CNN. Take a look. Thousands of American and Iraqi forces are right now moving house to house, rooftop to rooftop. They have fought their way to the center of the city. In this age we've become used to killing at great distances with high-tech weapons, but right now as you see, the fight for Falluja is happening in very close quarters.

Jamie McIntyre is following the action from the Pentagon.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN PENTAGON CORRESPONDENT (voice-over): A seven-hour firefight in the heart of Falluja's Jolan neighborhood. Marines exchanging heavy fire with insurgents using rocket-propelled grenades and mortars. UNIDENTIFIED MALE: (UNINTELLIGIBLE), this is (UNINTELLIGIBLE) three, be advised, (UNINTELLIGIBLE) down the road was (UNINTELLIGIBLE) LPG (UNINTELLIGIBLE) and where the round just came from.

MCINTYRE: Several Marines are wounded. But despite these pictures, U.S. commanders say the overall resistance in Falluja so far has been sporadic.

UNIDENTIFIED MALE: I think the enemy is fighting hard, but not to the death, and I think that they are continuing to fall back...

MCINTYRE: The U.S. and Iraqi troops are finding fewer booby traps than expected. That may be in part to the effective use of airstrikes like this one two weeks ago. A 500-pound bomb dropped by a Navy F-18 sets off a chain reaction, taking out a string of roadside bombs lining a main road near Falluja.

So far, commanders say casualties have been light for urban warfare. In the first 48 hours, 10 U.S. and two Iraqi troops were killed, with about two dozen wounded.

UNIDENTIFIED MALE: A.J., stay out of the streets. (UNINTELLIGIBLE) walk, (UNINTELLIGIBLE) watch your top and bottom, watch the windows, watch everywhere you go. Check the walls.

MCINTYRE: The offensive is ahead of schedule, with many key objectives taken as the outer crust of the insurgent offenses crumbled under the U.S.-Iraqi assault along with the bridges across the Euphrates, the rail station, the hospital, several military buildings, and mosques are now secured as the stranglehold tightens on the Jolan district, thought to be an insurgent stronghold.

UNIDENTIFIED MALE: I think we're looking at several more days of tough urban fighting.

(END VIDEOTAPE)

MCINTYRE: But General Metz concedes that the most-wanted man in Iraq, Abu Musab al-Zarqawi, likely escaped Falluja along with most of his senior leadership. The question is how many of the estimated 2,000 to 3,000 insurgents who were thought to be there might have left with him, Anderson.

COOPER: Jamie McIntyre from the Pentagon, thanks. We're going to talk about that with CNN terrorism analyst Peter Bergen a little bit later on, details about Abu Musab al-Zarqawi.

But we have more breaking news out of Washington right now. Let's go straight to CNN national security correspondent David Ensor. David, what's going on?

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Well, Anderson, CIA analysts have been looking at a tape that was made public by ABC News that it says it obtained in Waziristan along the Pakistan-Afghan border. On it, you may recall, there was a person who identified himself as al Qaeda, his face was partially covered, and he spoke with an American idiomatic English and made threats of further attacks against the United States.

This is the tape in question.

Officials are now saying that they believe they may have identified who this person is, and that he -- they believe he may be, an official says "We have confidence but not certainty" that he may be a man named Adam Gadahn, a young man from Southern California, born Adam Pearlman, but his family changed their name at a certain point. He converted to Islam and was the member of a mosque down in the Southern California area, said to have been a troubled teenager, and has disappeared some time ago now from that part of the world.

So it looks as if, if these officials are correct, that young man has now made his way to the Pakistan-Afghan border area and put out this tape threatening al Qaeda attacks against the United States, Anderson.

COOPER: David, in the tape, though, there weren't any specific references to specific attacks that were coming, it was more just sort of general harangue, was it not?

ENSOR: That's about the size of it, that's right. And the voice was sort of strangely accented, but basically an American idiomatic English. When they compared that tape with tapes that exist of Adam Gadahn earlier as a teenager, the resemblance is quite striking.

COOPER: Interesting. All right, David Ensor, appreciate that breaking news. Thanks very much.

For more on this, let's talk with CNN terrorism analyst Peter Bergen.

Peter, what do you make of this, Adam Gadahn, this young man, apparently troubled at one point, making this tape? What's the purpose?

PETER BERGEN, CNN TERRORISM ANALYST: Well, it's part of a media offensive by al Qaeda. There was a -- three tapes that we have, all coming roughly at the same time, Ayman al-Zawahiri, the number two, releasing a tape on the third anniversary of 9/11, the tape from Gadahn, and then the tape from bin Laden himself, bin Laden appearing as a statesman, and then Gadahn in this tape appearing like a foot soldier with a much more threatening message against the United States.

So I think it was, you know, I don't think it was a coincidence that all these tapes came within a two-week period, basically.

COOPER: You know, I remember when we aired this tape, and I was concerned about airing it, really, because, I mean, anybody can make a tape, and, you know, this, he could be just sitting in a garage somewhere in Pakistan making this tape. Is it -- is part of the (UNINTELLIGIBLE) -- I mean, is it just to scare people here? Is it for recruitment purposes overseas?

BERGEN: Well, I guess it's to sort of show we're in, show we're still in the game and that we're capable of making these threats. As you say, the threats can be totally meaningless. But if you go back to, I think it was May of this year, Gadahn was one of seven people that the FBI made a pretty large press conference about, saying, These are the seven people we're most concerned about.

So clearly Gadahn is not somebody that, you know, is sort of a low-level player, it's somebody that the FBI regards as one of the seven people they'd most like to find. One or two of those people have been found in Pakistan since, but Gadahn obviously remains at liberty.

COOPER: It's a fascinating story. Peter Bergen, we appreciate you joining us for that. Thanks very much.

Here in California there's been a major shakeup of the Scott Peterson murder trial. After four days of deliberation and dissension, the judge removed one of the jurors today from the panel. She's juror number seven, a self-proclaimed crusader, who said she never buckles under pressure from other members of the jury. And as the new jury starts all over, the mystery as to why juror number seven was dismissed maybe ending. We may have some answers today.

CNN's Ted Rowlands is live at the court in Redwood City for the latest. Ted?

TED ROWLANDS, CNN CORRESPONDENT: Well, Anderson, a source close to the case is telling CNN that juror number seven was dismissed after she was turned in, if you will, by another juror for doing independent research in the case. And that could be anything from surfing the Internet and disclosing what she learned or even watching television and telling other jurors a tidbit or two about this case.

This afternoon the judge in the case brought all of the jurors into the courtroom and officially made the change. He brought down the first alternate to switch seats and go sit in the seat occupied by juror number seven.

Now, the switch is an interesting one because the first alternate in the case is a woman in her late 20s or early 30s. She has four children and nine tattoos. She quit her job at a bank locally here after she was selected as part of this Peterson jury. She has been very emotional during the proceedings, breaking down a number of times, including when she saw the videotape -- or the pictures of the autopsies, also a videotape discussion with Diane Sawyer by Scott Peterson.

By far, she has been the most colorful character, if you will, on this jury panel.

(BEGIN VIDEO CLIP)

JIM HAMMER, LEGAL ANALYST: She's not afraid to go her own way. And again, in a jury where the prosecutor needs all 12 to agree, that's not a good thing.

(END VIDEO CLIP) ROWLANDS: Now, the judge told jurors that they have to start from scratch with their deliberative process. They started that late this afternoon. But the bottom line, this change will most likely mean a delay in the deliberation.

(BEGIN VIDEO CLIP)

CHUCK SMITH, LEGAL ANALYST: Well, I imagine that they'll begin at the beginning, the, it will be abridged in some degree because human nature is human nature. But they will bring her up to speed, and quite frankly, if they came back this afternoon or tomorrow or tomorrow afternoon with a verdict, it would be a suspicious verdict because people would conclude they didn't follow the law.

(END VIDEO CLIP)

ROWLANDS: Now, a source coats to the case is telling CNN that juror number seven had absolutely nothing to do with what erupted in the situation -- or what happened in the courtroom yesterday, where the judge had to bring the jury in and readmonish them because of trouble with the deliberative process. They say this is a completely separate issue, but another bump in the road as they continue to deliberate the fate of Scott Peterson, Anderson.

COOPER: And not just continue, but have to start all over again. It's got to be frustrating for them there. Ted Rowlands, thanks for that from the courthouse.

For more on the Peterson jury shakeup, joining me from Watertown, Massachusetts, is former prosecutor Wendy Murphy and from Miami, defense attorney Jayne Weintraub. Good to see both of you.

Jayne, let me start off with you. Jayne, are you surprised that a juror has been replaced and a mistrial not declared at this point?

JAYNE WEINTRAUB, DEFENSE ATTORNEY: I'm shocked, although I really shouldn't be, because this is a train that will not be derailed. It is a conviction at all costs for the government, the state that's out there. And I think the judge as well. And this is an indication of that.

You know, Anderson, it is shocking to me that if there was misconduct by the juror and the other jurors were contaminated, everybody heard the same information. You can't unring the bell. I mean, people are human, and you can't forget what you heard or what you saw.

COOPER: Wendy, Jayne is basically saying the judge wants a conviction. Do you think that's true?

WENDY MURPHY, FORMER PROSECUTOR: You know, it's almost laughable for Jayne to suggest that, because what the judge did is what any good judge should do, finding out that a juror has engaged in misconduct is a violation not only of the law, but the juror's oath. And they were instructed not to do their own outside research. This is a juror who, something like juror number five, who was ousted early on for the same kind of violation, shouldn't be sitting in judgment in this case, because they are only supposed to take into account the evidence that was presented in court.

(CROSSTALK)

MURPHY: ... doesn't make the judge a bad man, it makes him a smart judge.

COOPER: Jayne, go ahead.

WEINTRAUB: And his conduct has now been contaminated to the other jurors. They're all in the jury room. They all heard...

MURPHY: You don't know that.

WEINTRAUB: ... whatever this juror did.

MURPHY: Jayne, you don't know that. And we know that the judge probably brought in a bunch of the jurors one by one so that they could be interviewed away from each other, and they were probably asked that very question, which is a fair question, Jayne. I agree with you.

COOPER: Now, Wendy, I understand that you think that this juror who was dismissed was leaning toward an acquittal. Why do you think that?

WEINTRAUB: Well, I'm just suspecting that this was a pro-defense juror for a couple of reasons. One is that she said she was not unwilling to be a holdout, that she was stubborn. She told that to everybody in the beginning. And then when she walked in this afternoon, Anderson, it was wildly reported she was the only one who looked right at Peterson. And, you know, this kind of holdout, this kind of rogue juror situation typically means...

MURPHY: A rogue juror?

WEINTRAUB: ... (UNINTELLIGIBLE)...

MURPHY: A juror who's sticking to her...

WEINTRAUB: ... (UNINTELLIGIBLE).

MURPHY: ... convictions because she believes in an acquittal?

(CROSSTALK)

WEINTRAUB: ... exactly what we want.

MURPHY: Violating the law, Jayne. Violating the law is not something I would want.

WEINTRAUB: Well, she's entitled to her opinion.

(CROSSTALK)

COOPER: Jayne, do you really want a member of the jury surfing the Internet, looking, doing their own research?

WEINTRAUB: No, I don't, but I don't know that we know that's what happened. Look, either there was misconduct or there was refusal to deliberate. We're not even sure which it is yet. We do know one thing, the process should have been bringing in the jurors one by one, although the media was in the courtroom, Anderson, and they don't report that the jurors were brought in one by one.

And it has also been reported by Ted Rowlands, for example, that one of the other jurors outed this juror number seven. So that leads me to believe that juror, that the other jurors did know whatever misconduct occurred, which is awful, is contaminating the rest of the jurors.

(CROSSTALK)

WEINTRAUB: ... just disregard it...

(CROSSTALK)

COOPER: Final thought, Wendy.

MURPHY: (UNINTELLIGIBLE), the fact that they were aware of the misconduct doesn't mean it tainted the proceedings, and there's no question...

(CROSSTALK)

WEINTRAUB: And they'll forget they heard it?

MURPHY: ... the judge had to ask them whether their deliberative processes were affected. If they said no, they're entitled to continue. There's nothing wrong with that.

COOPER: We're going to end it there. Wendy Murphy, appreciate you joining us, and Jayne Weintraub, always good to talk to you.

Later on 360 we're going to talk about today's developments with a man who knows the jurors very well. He as dismissed from the jury in the Scott Peterson murder trial months ago. That's later on 360.

A standoff at the Mexican consulate right here in Los Angeles tops our look at what's happening cross-country.

A suspected hostage taker was shot by police outside the consulate. There's the tense unfolding earlier today. Police say the man entered the building and walked out holding a woman at gunpoint. SWAT team moved in, shot the suspect. The man is in critical condition, the woman was not hurt. Police don't know how the man got past security or his motive at this point.

Pontiac, Michigan, now, an admitted serial killer on trial. Coral Eugene Watts, that's him there, confessed to 13 murders in the early 1980s but received a sentence that will allow him to be released from a Texas prison in two years. He's now on trial for a 14th murder. If convicted, Watts faces a mandatory life sentence without the possibility of parole.

Olympia, Washington, now, a man convicted of deliberately exposing 17 women to HIV. Anthony Whitfield faces a minimum sentence of 137 years behind bars. Whitfield's legal team says he never meant to inflict, quote, "great bodily harm" as required under the first degree assault charges.

And Washington, D.C., First Lady Laura Bush reopens America's main street to foot traffic only, Pennsylvania Avenue in front of the White House. It's got a whole new look. Gone are those ugly concrete barriers, replaced by retractable security posts, wider sidewalks, and some new landscaping. The street has been closed to vehicles since the 1995 Oklahoma City bombing, but it's now reopened.

That's a look at stories cross-country.

Coming up next on 360, why the rape case against Kobe Bryant fell apart. A prosecutor speaks out for the first time in a CNN exclusive.

Plus millions of our kids home alone, obese, taking psychotropic drugs. One author's controversial book about why so many kids are in such bad shape.

Also ahead tonight, Texas-style shootout, cops and robbers caught on tape.

All ahead. First, let's take a look at your picks, the most popular stories on CNN.com right now.

(COMMERCIAL BREAK)

COOPER: Welcome back from Los Angeles.

Well, the woman who accused Kobe Bryant of rape isn't talking. The man who is going to prosecute the NBA star is in an exclusive interview with CNN. And what he has to tell may shed light on why the criminal case against Bryant fell apart.

CNN national correspondent Gary Tuchman has more in this exclusive report.

(BEGIN VIDEOTAPE)

MARK HURLBERT, DISTRICT ATTORNEY: I'm not going to be taking questions at this time.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): The district attorney who prosecuted Kobe Bryant has kept a low profile since he dropped the case seven weeks ago. But now, a week after winning reelection, he is taking questions.

HURLBERT: She had actually called me and said, you know, Mark, I can't go forward. I tried to convince her to go forward. I said, Let's give you two days and think about it. And then she came back to me on that Wednesday and said, I absolutely cannot go forward. TUCHMAN: DA Mark Hurlbert's comments came before a civic group in Denver, but differ from comments made by one of the accuser's personal attorneys. John Clune tells CNN one of the reasons the 20- year-old decided not to go further was because of Hurlbert's team, saying, "They did nothing to prepare this girl. She felt like the prosecutors didn't believe her any more," Clune saying that a mock trial set up by prosecutors to prepare her actually ended up shaking her confidence.

Hurlbert's response to CNN...

HURLBERT: That was the report I got from pretty much everybody, that she did well, that she did a good job. And I still think I have a good relationship with her and with her parents. And I don't think that that is really true.

TUCHMAN: A civil suit is still pending, but John Clune says a decision will soon be made about whether to try to move that case from Colorado to California, where there is no financial cap. Clune says, "She wants to get her story out there. If it settles, it settles. If not, she will testify. There will not be a resolution like the criminal case."

CRAIG SILVERMAN, COLORADO ATTORNEY: Kobe Bryant has some incentive to settle and move on with his life. On the other hand, he could seek vindication through a trial, a civil trial, be it in California or Colorado.

TUCHMAN: The first hearing in the civil case is scheduled in a Denver federal courtroom next week.

Gary Tuchman, CNN.

(END VIDEOTAPE)

COOPER: Well, Palestinian Authority President Yasser Arafat slips deeper into a coma. That tops our look at what's happening around the world in the uplink.

In Paris, France, a top Palestinian aide reports that Arafat has suffered a brain hemorrhage, and French hospital officials confirm his condition has worsened. Today, Egypt offered to host the funeral service if Arafat should die.

Tehran, Iran, now, mass-producing missiles. The country's defense minister says the government can make large numbers of ballistic missiles as easily as a automaker can produce a line of cars. The missiles are capable of reaching Israel and U.S. forces in the Middle East and can be armed with a nuclear warhead.

Amsterdam now, the Netherlands, thousands of people gathered to mourn the murdered filmmaker Theo Van Gogh. Meanwhile, Dutch Muslims and Christians are calling for an end to retaliatory vandalism of churches, mosques, and schools. Van Gogh had received death threats for a controversial film he made about women and their treatment under Islam. His alleged murderer is a suspected Islamic radical. In London, England, exposed at the airport, literally, a new security scanner at Heathrow uses low-level radiation to see through people's clothing. The airport says feedback on the machines has been positive. Maybe for the people looking at the pictures, but as you may guess, civil liberty groups are calling the X-rays unjustified and intrusive. See what happens.

That's tonight's uplink.

Now this just in, a night of breaking news tonight. Charles Duelfer, the CIA's point man looking for WMD in Iraq, tells CNN he narrowly escaped death yesterday when his convoy was attacked by insurgents. He says the insurgents blocked the road from Baghdad's airport with a burning vehicle and then opened fire, killing two security guards. That road from the airport among the most dangerous roads in Iraq right now.

360 next, why some pregnant women are fighting against their own bodies, and possibly doing real harm to their babies, all because they want to look good. Part of our special series Starved for Perfection.

Also tonight, cabinet shakeup, John Ashcroft resigning. He's not the only one. We'll have the latest on that breaking news.

And a little later on 360, improper conduct, a juror given the boot from the Scott Peterson trial. We'll talk to a former jury, juror about what may be going on.

(COMMERCIAL BREAK)

COOPER: And welcome back from Los Angeles.

There is a disturbing trend we've been noticing among some pregnant women. They're watching their weight and counting every calorie along the way. For them, being pregnant means being thin, and they'll go to extremes to stay that way, regardless of the health risk. They want the perfect bump. That's what some call it, just like celebrities.

CNN medical correspondent Elizabeth Cohen as we continue our series, Starved to Perfection: Thin at All Costs.

(BEGIN VIDEOTAPE)

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT (voice-over): For many pregnant women, it's the ultimate goal to stay as skinny as Sara Jessica, (UNINTELLIGIBLE), or Catherine, to look like Julia. Here she's seven months pregnant with twins. To have that bump in the belly and not an ounce of fat showing anywhere else.

But the drive to stay skinny and sexy could be putting some pregnant women and their babies in danger. A Johns Hopkins study has found that one in five pregnant women actually think it's OK to skip meals, even though studies show women who don't gain enough weight are more likely to have premature babies.

Today's hottest maternity fashions certainly make women want to watch the pounds.

(on camera): Talk about feeling pressure to look tiny when you're pregnant, now at maternity stores, they sell thongs.

LIZ LANGE, MATERNITY CLOTHING DESIGNER: We have dress sell to many pregnant celebrities.

COHEN: Liz Lang is maternity clothing designer to stars like Julia Roberts and Kelly Ripa. She knows about the desire to stay little when you're getting bigger.

LANGE: We have had to add a smaller size, that size being a zero. A zero isn't a true zero. We have our own size system here. But a very, very, very small size for those skinny miniwomen who are just, you know, skinny, skinny, skinny with a little belly.

COHEN: Some doctors say the trend is not necessarily worrisome. It is possible for underweight women to give birth to healthy babies. It happens every day. But other health experts worry too many women are putting their appearance ahead of their babies.

JULIE TUPLER, AUTHOR, "MATERNAL FITNESS": Going without food or not getting those calories really affects the baby.

COHEN: Doctors say it's best to gain between 25 and 30 pounds during pregnancy, and to never, ever diet while pregnant. And here's some advice from the designer to the stars.

LANGE: Yes, the idea of trying to have a skinny pregnancy is kind of crazy. You just want to celebrate this time and look good and feel good and have fun with it.

COHEN: Elizabeth Cohen, CNN, New York.

(END VIDEOTAPE)

COOPER: That's what she says. She's selling thongs.

Joining me from New York is Laurie Abraham, editor at large for "Elle" magazine, author of the "New York" magazine article, "The Perfect Little Bump." And it was a fascinating article, Laurie. I read it.

I really didn't know about this, this sort of this trend among some pregnant women, and it is really just some pregnant women. I want to read to the folks at home two things that were in your article. One mother said to be a mother to be said, quote, "I'm not thinking it's OK to get bigger. I'm pregnant. I'm thinking, This is depressing." Another expectant mom said to be pregnant and obsess over your size is to be merely conscious.

Were you surprised at how far some people go?

ABRAHAM: Well, when I first started researching the story, I got onto the urban baby Web site, and I came across these long lists where all that would be -- all that you would see is the weeks pregnant of the women and how much weight she had had gained. Page after page of this, where women were comparing themselves in this very terse way but were obviously obsessed with it. And then in offices you hear rumors about women saying, oh, did you know women are having cesarean sections early in their eighth month of pregnant so they don't gain that last dollop of weight. And while I wasn't able to confirm things like that, I think they sort of speak to the anxiety people have. And the language that we're using, the bump, the basketball, the belly on two sticks. All of that stuff talks about there being a different esthetic that women are aspiring to when they're pregnant.

COOPER: I mean, did you find women who were actually dieting while they were pregnant?

ABRAHAM: You know, contrary to the earlier report, I didn't find women who were starving themselves or their babies. I did find people that were, like, they knew, for example, they were supposed to eat 300 calories more when you're pregnant or some doctors say that, and so they would try to hit that exactly on the head. Or they knew that when you exercise, your heart rate shouldn't go over 140 beats per minute, so they would wear a heart rate monitor and push it to the limit, trying to get as close to 140 as they can. But I didn't really find anyone who was obviously risking their own health or their baby's health. In fact, a lot of the experts on eating disorders say that anorexics and bulimics, some of them, not all of them, but do well when they're pregnant because they think it's finally not about them. There's this foreign object, as one therapist put it to me, this foreign object inside of them that they have to take care of.

COOPER: Well, it's a fascinating subject. It was a fascinating article in the "New York Magazine." Laura Abraham appreciate you joining us, thanks.

ABRAHAM: Thank you. Thank you.

COOPER: Our "Starved For Perfection" series continues tomorrow. We'll examine the image problems that men are facing.

On Thursday, models under intense pressure to stay thin, some expose their diet of deception, that's what they call it.

And Friday, don't believe what you see. How magazines create a beauty that's simply unattainable. That's an important story. We'll be right back.

A shocking twist in the Scott Peterson trial. A juror goes too far and the judge kicks her out.

Will this jury ever reach a verdict?

A Texas shoot out caught on tape. Suspected bank robbers lead police on a high-speed chase that ends in a hail of gunfire.

And are you ready for the "360 Challenge?" If you think you know news, get ready to take our current events quiz when 360 continues.

(COMMERCIAL BREAK) COOPER: And we are live from Los Angeles. We want to up date you now on our breaking news. There has been two resignations from President Bush's cabinet. Attorney General Ashcroft has announced he's leaving, as has Commerce Secretary Don Evans. Justice correspondent Kelli Arena, standing by to talk about the departure of Ashcroft -- Kelli.

KELLI ARENA, CNN JUSTICE CORRESPONDENT: Anderson, Ashcroft send a handwritten letter to the president on election day, apparently making up his mind to leave his post even before the election results were in. In a letter to his staff, he says that his resignation will be effective when his successor is confirmed. Now this news didn't come as big surprise. We reported last week that sources close to him were telling us that they expected him to be among the first to go. It's also no surprise that the betting has already begun on who will get his job.

Now, one candidate that repeatedly comes up is former Deputy Attorney General Larry Thompson, but he just took a job with Pepsico last month. Other names that have been batted around include the White House Counsel, Alberto Gonzales, former New York Mayor, Rudy Giuliani, and the chair of the Bush Cheney campaign, Marc Racicot.

Now, Ashcroft has been somewhat of a lightning rod for this administration, as he changed the mission of the Justice Department from prosecuting terrorists to preventing terrorist acts. He was controversial on the job, and remains so. His critics already putting out statements about his tenure, Anderson.

COOPER: We'll be watching to see who replaces him. Kelli Arena, thanks for that.

Moving on to our other developing story that we've been following this hour. Here in California, she was supposed to decide Scott Peterson's fate, but it's the fate of juror number seven that's been decided today. The judge presiding over the murder trial removed her from the panel and replaced her with an alternate. And the switch means the new jury will have to start deliberations all over again. One person who knows what it's like to be on the Peterson juror is Justin Falconer. He was served as a Peterson juror before being dismissed.

He joins me now from Kansas. Justin thanks for being with us. And from Seattle, I'm joined by well known trial consultant, Paul Lisnek.

Paul good to see you as well.

Justin, I want to show our viewers what we know about juror number seven, the juror who was removed today. She's an Asian woman in her 40s, she described herself as a crusader.

What else do you know about her? What else can you tell us?

JUSTIN FALCONER, FORMER PETERSON JUROR: She was really friendly. She was really open-minded when I was there in the beginning. You know, we spent some time together, you know, had lunch with the group, and she was always very interactive with everybody. She was always very friendly, very intelligent, very open-minded. And I'm surprised she's the one that was kicked off.

COOPER: Well, this alternate juror, Justin, the little bit that we know about her, she appears to be, I guess, in her late 20s, early 30s. She's the mother of four. She actually quit her job to serve on this jury, and there's, you know, wild speculation out there, but some people are saying they think she favors the defense.

Is there anything you know about her that would make you think that?

FALCONER: I would agree with that. Just from what I've been hearing through the other news organizations and what not, that, you know, I think she does. I think she favors the defense a little bit. You know, I think she's a strong-willed woman as well. She's very intelligent. She's out there a little bit. She definitely put her two cents in and she's going to battle for her position. Like I said, she's a mother of four boys, so she has something to say.

COOPER: Paul, you've watched juries a lot. How hard is it for a jury to start over from scratch. They have this new alternate in. They have to start deliberations all over again.

PAUL LISNEK, TRIAL CONSULTANT: Well, yes, it's not really from scratch, Anderson, because this new juror, of course, has been there the entire time. She just hasn't been there the last few days of the deliberation. They'll spend some time getting her up to speed. You know technically they could even revisit whether they want to select a new foreperson. They probably won't, but they could. They'll take some time, get her up to speed, and then this process will move along. Again, she's not unfamiliar with to them, she's been around. So, as Justin knew her, so do the fellow jurors know her as well.

COOPER: Paul, we don't know the full reasons of why she was removed. I mean, there have been these reports from sources that she was doing her own research. Why would a jury do that? I mean, they know not to do that. I mean, I would think they know better than that.

LISNEK: You know, and kids know not to put their hands in the cookie jar. I mean, absolutely, she knew. And we don't know what she did. She may have been watching television coverage. We don't know.

But she also said early on that she would hold her position, she wouldn't let others get to her. My guess is that she was probably a battler for the defense, had some prosecution folks kind of putting pressure on her, and she began to share this information that only she knew. Well, that of course begins to taint the entire process and created the problem. It's the surest way off the jury to do that, and it's goofy to do it, but she did it. And good news is, she was caught.

COOPER: Justin, you think if she was doing it, it's a sign of the prosecution's weak case. Why? FALCONER: You know, I think it's her looking for answers. I think maybe if she was -- if she had to go elsewhere to try to find answers to her questions, I think that goes towards what the prosecution has presented towards -- you know, evidence towards this case.

I just think that there were too many open ends and there were too many questions asked. You have to understand, this entire case is speculation. We think he did this, we think he did that, we think Laci died this way, we think this is how she got to the bay.

Well, there was not enough concrete evidence, no pun intended, that she was able to grip onto, so maybe she had to go elsewhere. Maybe she felt like in order for her to sleep better at night, she needed more information, so she took it in her own hands. And unfortunately -- I'm sorry, go ahead.

LISNEK: I just to want say, almost every case, Anderson and Justin, of course it's based on circumstantial evidence, so that's nothing unusual here. I think here, the issue is whether the strength of all those pieces, also not to pun, but whether or not that cemented the prosecution's case is what these jurors are wrestling with.

COOPER: All right, let's stop the punishment. Paul Lisnek, thanks for joining us. Justin Falconer as well, thanks very much.

FALCONER: Thanks, Anderson.

LISNEK: Thank you.

COOPER: In Texas, a member of the so-called Takeover Bandits is behind bars, accused of more than 60 armed robberies. Now, two of his suspected cohorts still on the run tonight, all this after their latest alleged crime, a brazen bank robbery, then a police chase that turned into a wild shootout. Bullets were flying, carjackings, all of it caught on a dash cam of a police cruiser. CNN's Ed Lavandera gives us a look.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: We got automatic fire, automatic...

ED LAVANDERA, CNN CORRESPONDENT (voice-over): It's about 10:30 in the morning last Thursday. Police say the three men inside the red Suburban had just robbed a bank in the north Dallas suburb of Richardson. As the men tried to get away, they came across one off- duty police officer, and opened fire.

UNIDENTIFIED MALE: My squad was shot at. I repeat, my (UNINTELLIGIBLE).

UNIDENTIFIED MALE: Are you OK?

UNIDENTIFIED MALE: I just got a lot of glass damage on me.

LAVANDERA: In a matter of seconds, a team of Richardson police get dangerously close. The gunmen, using AK-47 style weapons, fire more than 100 rounds. The officer in this car escapes unharmed, even though one of the bullets pierced the headrest of the driver's seat.

UNIDENTIFIED MALE: You guys, be careful, man. There's automatic weapons fire.

LAVANDERA: The gunmen exchanged the first exchange. The chase continues, but the men look for another escape.

UNIDENTIFIED MALE: It looks like an abandoned vehicle, and they're hijacking the vehicle.

LAVANDERA: Now the bandits are in a white pickup truck, but that ride doesn't last long.

UNIDENTIFIED MALE: We got a force four (ph), major accident. They're battling (ph).

LAVANDERA: As the three men climb out of the pickup, one turns around and continues firing, even as another car coasts through the intersection.

UNIDENTIFIED MALE: They're shooting (UNINTELLIGIBLE).

UNIDENTIFIED MALE: More shots fired! More shots fired!

LAVANDERA: The three men run away on foot. Police say they stole another car, and were able to get away. The chase lasted less than 15 minutes, and no one was seriously hurt.

Ed Lavandera, CNN, Dallas.

(END VIDEOTAPE)

COOPER: An amazing video, that.

360 next, "Home-Alone America," controversial new book on the way our children are being raised.

And in a moment, today's 360 "Challenge," how closely have you been following today's news? We'll put you to the test, next.

(COMMERCIAL BREAK)

COOPER: Time now for today's 360 "Challenge." Be the first to answer all three questions correctly, we'll send you a 360 t-shirt.

What's the date of John Ashcroft's resignation letter? Question number one.

Number two, what's the number of the juror who was dismissed today from the Scott Peterson murder trial?

And number three, the suspects in the Texas bank robbery and shootout are known as Takeover what? To take the challenge, log onto cnn.com/360, click on the answer link, and to first, you'll get the first. Find out last night's "Challenge" winner and tonight's answers coming up.

(COMMERCIAL BREAK)

COOPER: Over the last 20 years, the percentage of moms who work outside the home has doubled, and over six million kids come home to empty houses, the so-called latchkey kids. At the same time, in the last decade the number of obese children has also gone up, 45 percent, and the use of psychiatric drugs by kids has doubled as well.

So is there a link between these childhood problems and parents, including working moms who are absent from the home? Our next guest thinks so. Mary Eberstadt is the author of "Home-Alone America," a new book that is getting a lot of attention. Just before the program, I had a chance to talk to her about her new book.

(BEGIN VIDEOTAPE)

COOPER: Mary, there have been books that have been written before about the effects of things like daycare and working mothers on kids. How is this book different?

MARY EBERSTADT, AUTHOR, "HOME-ALONE AMERICA": The focus for decades now has been on adults and what they want and need. Now, that's a legitimate focus, but what I'm trying to do with this book is something very different, which is to ask, what's going on with these kids? To get down on the ground and look at what I think are some unique child problems, unique to this generation. Why are so many kids heavy and obese? Why are so many millions of kids taking psychiatric medicine to control and alter their behavior? Why do medical professionals think that mental problems are skyrocketing among the young?

Those are the kind of questions I'm trying to address. So my point is just to try and get adults off the stage and take a close look at some of these things that I think we've been neglecting.

COOPER: Your book has gotten a lot of attention lately, and there are some who say that you're blaming working moms. You say you're not. What is the answer to those questions? I mean, why is there so much child obesity, why are there so many kids on psychotropic drugs?

EBERSTADT: I think what's going on and these kinds of problems that we're seeing is actually three different forces that are merging to create the vanishing parent, the absent adult home. One force is working motherhood, which is sometimes a choice and sometimes not. Another force, divorce/illegitimacy, or the absent father problem. And another one that we've paid very little attention to is the shrinking of the extended family, the fact that kids have a smaller emotional safety net now because they don't have grandparents in proximity, or as many aunts and uncles and cousins and siblings as they used to have. So I think there are three things going on. COOPER: You cite in your book, I think a study where kids actually spend more time alone than they do with their families? Is that true?

EBERSTADT: Well, that's what some researchers turned up in a study of thousands of teenagers, yes. There are other measures of how alone kids are and what kind of problems they are having because of it. For example, I have a chapter in the book on sexually transmitted disease, which is something that in teenagers particularly has medical professionals very alarmed. Something like nine million cases last year were found in the population of kids 15 to 24. And they're alarmed, because these diseases are very bad for girls in particular, going to make them infertile later and give them all kinds of problem.

So what's the link between the spread of those diseases and the empty adult home? Homes that are empty after school are homes that are more likely to have kids having sex in them, and by corollary spreading disease.

COOPER: But how much of these problems are a function of, say, poverty, you know, people who have to work, two parents who have to work, or a single mom who has to work? I mean, is part of this just, you know, sheer poverty?

EBERSTADT: Well, I don't think poverty really holds up as an explanation. I mean, yes, many parents have to work. I mention in the book that my own mother was a nurse who worked out of the house. Many parents need two incomes to keep things going. Again, this is not a finger-pointing book, but poverty does not explain these problems. In fact, some problems are worse in the higher socioeconomic bracket. We just have a lot of stuff is circulating out there that I think is linked to the absent parent home.

COOPER: Mary Eberstadt, appreciate you joining us. "Home Alone America" is the book.

EBERSTADT: Anderson, thanks very much.

(END VIDEOTAPE)

COOPER: It's a really interesting book. Mary Eberstadt.

360 next, a new mother old enough to be a grandmother. Her amazing story in "The Current" ahead.

(COMMERCIAL BREAK)

COOPER: (UNINTELLIGIBLE) Los Angeles. You know, the expression there's a first time for everything, that of course is still true. But science managed it push that first time pretty far back for some things.

For example, CNN Deborah Feyerick, is about to introduce you to a first-time mother who's old enough to be a grandmother.

(BEGIN VIDEOTAPE) DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): She's three days shy of her 57th birthday. But when people Alita St. James of why she decided to have babies now, her reason is simple.

ALITA ST. JAMES, 56-YEAR-OLD MOM: Why not, is my answer.

FEYERICK: In fact, her Italian-born grandmother who had 13 kids set the example.

JAMES: My grandmother had my mother at 53. So, I didn't have an idea that was a problem.

FEYERICK: St. James is a motivational speaker, who coaches people how to be happy.

With the birth of twins Franceca (ph), and brother Geion (ph), who's name means gift from God in Hebrew, she's made her parents the happiest people around.

CHESTER SLIWA, GRANDFATHER: In our 80's, we got grandkids, so give us impetus (UNINTELLIGIBLE) to live longer. So, I expect to live to 105 now.

FEYERICK: St. James who is single, became pregnant through in vitro fertilization, an egg donate by a younger woman fertilized outside the womb, then implanted into St. James.

DR. JAMIE GRIFO, NYU MEDICAL CENTER: No one blinks an eye when Tony Randall had a child. They all think it's kind of neat. This older guy has a kid. But now when a woman wants to do it, all of a sudden, it's like what are we doing here?

FEYERICK: St. James' younger brother, Guardian Angel Curtis Sliwa, recently became a father himself.

CURTIS SLIWA, UNCLE: Well I told the sis, I say you know, when it's my time to take him out with my little son, I'm going to be swinging geritol and taking Ben Gay baths and, boy, you're even older than I am.

FEYERICK: Except for debilitating sciatica in her left leg, St. James has an easy pregnancy, delivering by cesarean. Her message...

JAMES: If you 50 and want to do something, go for it, because it's over when it's over.

FEYERICK: Though she may not live to see her own grandchildren, she's says she's happy knowing the twins will always have each other.

Deborah Feyerick, CNN, New York.

(END VIDEOTAPE)

COOPER: Love she's holding a press conference on her bed.

360 next, the movie "Alfie" a flop on its opening weekend. Wait until you hear the excuse. We take that to "The Nth Degree." And the "360 Challenge," here's another look at tonight questions. Have you been paying attention. Logon to cnn.com/360, click to the answer link to play. Answers when we come back.

(COMMERCIAL BREAK)

COOPER: Time now for the answers to the "360 Challenge." What's the date on John Ashcroft's resignation letter, November 2nd.

What's the number of jurors dismissed today from the Scott Peterson murder trial, seven.

The suspects in the Texas bank robbery and shoot out are know as takeover what, bandits.

First person to answer all three questions correctly will be sent a "360" T-shirt. Tune into tomorrow to find out if you're the one.

Last night's winner, Lynmarie Hamel of Cleveland, Ohio. Congratulations, another "360 Challenge," another chance to win tomorrow.

Finally tonight, taking a lame execution to "The Nth Degree." Know you all know about lame excuses, we all do. They are the brainless things we are selves can barely believe we're saying in an attempt to explain away some failure. You know, the classic top of the line in this category is, the dog ate my homework. But we detect the coming of a new, top of the line lame excuse.

This weekend, "Alfie," a remake of a old Michael Cane movie, opened pretty quietly in box office terms and paramount's president of distribution believes he knows why. "It could be mood of the country right now" the man said. It seems to be the result of the election. Maybe they didn't want to see a guy that slept around. Uh-huh, yes. That makes sense. Must have been -- blame it on the election.

When the credit card company calls wanting to know where the payment is, just say, hey, I haven't been able to write a check since the election. My hand shake. Supposed you get stopped for speeding, tell the police officer, sorry officer I've had this involuntary twitch in my right foot since the election. It may not work very much longer, so we suggest you make good use of it while you can.

I'm Anderson Cooper, thanks for watching 360 from Los Angeles, tonight.

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