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Anderson Cooper 360 Degrees

Jury to Decided Whether Peterson Lives or Dies; Is U.S. Military Doing All They Can to Armor Humvees in Iraq?

Aired December 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 New York. I'm Anderson Cooper.
Right now, Scott Peterson's life is in the hands of a jury.

360 starts now.

The final choice, life or death for Scott Peterson. The jury decides. But why is Mark Geragos already admitting he made mistakes?

The military says it's armoring Humvees as fast as it can. But are they really? Tonight, behind the politics, we check the facts about Humvees, armored plating, and what more can be done.

A fatal nightclub shooting in Ohio, a heavy metal guitarist gunned down on stage. Tonight, the crime, the killer, and what his motive might have been.

The government promised a final list of potential terror targets, but more than three years since 9/11, where is it? Tonight, the security lapse that has some lawmakers up in arms.

And the war on terror is one thing, but what about winning the war of ideas? Tonight, a shocking look at why so many young Saudis like Osama bin Laden, and what we can do to change their minds.

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

COOPER: And good evening again.

Just moments ago the judge in the Scott Peterson case called it a day. He sent the jurors home after they had spent two hours trying to decide if Peterson should live or die for the murder of his wife and unborn child.

Now, just before deliberations began, this was the scene in the courtroom, Scott Peterson there, showing absolutely no emotion. But look at his defense attorney, Mark Geragos. He's hunched over, his hands in his head. Whether that's real emotion or strategy, we don't know, and we'll talk about in a moment.

Moments before, both sides gave closing arguments, the prosecution urging death for a monster, as they said, and Geragos begging for his client's life. CNN's Ted Rowlands is covering it all.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): In an effort to save Scott Peterson's life, a subdued Mark Geragos begged jurors to, quote, "end this cycle now, there's no reason to put him to death." Geragos went on to say that when all is said and done, putting Peterson to death wouldn't bring Laci back, and wouldn't bring closure to her mother and the rest of the family, saying, quote, "I think it will haunt them."

Geragos argued that any lingering doubt in jurors' minds is enough to spare Scott Peterson's life.

The prosecution spent just under an hour trying to convince the jury of the opposite, that death is the punishment Peterson deserves, saying for 116 days, Peterson let his wife's body rot in the water, while her family wondered where he was.

Standing next to the defendant, prosecutor Dave Harris pointed and said that if people are concerned about what effect a death sentence would have on Peterson's family, quote, "he's the one who's responsible."

Harris played a clip of Peterson crying on "Good morning America," saying he was a liar, playing the part of a grieving husband. Then Harris showed photos of Peterson smiling at a vigil for his missing wife, and playing a recording of a call he made that night to girlfriend Amber Frey.

In the end, Harris said, Scott Peterson is the worst of the worst, a manipulative liar who deserves to die.

Attorney Mark Geragos buried his head in his hands, and Peterson family members wept openly as the judge read final instructions to the jury that must decide whether Scott Peterson will live or die.

(END VIDEOTAPE)

ROWLANDS: Both arguments very compelling today. The jury was fixated on both sides when delivering those arguments. They deliberated for two hours today, Anderson. They'll be back at 8:00 a.m. Pacific time to continue their (UNINTELLIGIBLE) deliberative process.

They needed a unanimous vote of 12-0 either way, otherwise this jury could be hung, Anderson.

COOPER: Ted Rowlands, thanks very much.

With the jury finished deliberating for the night, and that just happened moments ago, let's get the experts to weigh in on who made the better case to them during closing arguments.

As always, we try to see stories from all angles. So joining me in justice served in Washington, CNN senior legal analyst Jeffrey Toobin, and here in the studio, defense attorney Jayne Weintraub.

Good to have you here.

Jayne, let me begin with you. Right off the bat, Geragos today admitted, saying, quote, "I did not prepare a penalty phase. I just did not expect your verdict." Why is he doing that? Is that a strategy?

JAYNE WEINTRAUB, DEFENSE ATTORNEY: I think it was a strategy of his. It's not something that I would have done personally. But I think it was probably honest on Mark's part. That doesn't mean it was ineffective. And again, Anderson, I just don't think this is about the lawyers. This is about asking the jurors to follow their oath.

COOPER: But the strategy would be, what, to try to already sort of lay the groundwork that he was incompetent, and therefore...

WEINTRAUB: Oh, no...

COOPER: ... sort of...

WEINTRAUB: ... not.

COOPER: ... that Peterson should get another trial, or, or appeal the verdict?

WEINTRAUB: No, I think, I, I think that it was his raw emotion of saying, I just can't believe I'm actually standing here in a penalty phase, because this is not a death penalty case.

COOPER: Jeff, do you think it was just raw emotion?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Yes, I think it was something he probably meant to show, his confidence that his client was not guilty. And you know, he still believes that. I don't think it's tremendously significant one way or another.

What's interesting is the strategy he took in the penalty phase, which is so different from what defense lawyers so often do in penalty phases.

COOPER: How so?

TOOBIN: Well, usually the idea is, Look at how my client has suffered in his life, look at what a terrible life he's led. This is why he was led to do this terrible thing.

What he did was what Timothy McVeigh's lawyers did, which was say, Look at what a normal guy he is, look at the normal, nice life he had. How can you put someone to death who's sort of just like you? It doesn't work for Timothy McVeigh. I think it's got a somewhat better chance...

COOPER: Yes, if my lawyer said to me...

TOOBIN: ... (UNINTELLIGIBLE)... COOPER: ... I'm going to use the defense Timothy McVeigh used, I'm not sure I would go with that lawyer. Jayne...

TOOBIN: Well, (UNINTELLIGIBLE)...

COOPER: ... Weintraub, you said no experts were (UNINTELLIGIBLE).

WEINTRAUB: Well, I think it was unusual that no experts were called in the death phase. I mean, that is the usual course of events, to call expert psychologists, psychiatrists, really to get into his head.

But what Jeffrey raises is an interesting point, in that most lawyers representing people on, you know, in death cases do not have to face a privileged lifestyle. Here, they have a privileged lifestyle. They can't hide from it. So they have to show it, and then use it to show residual doubt, reasonable doubt, less than.

COOPER: I want to play for you something that the prosecution played today, a telephone exchange between Scott Peterson and Amber Frey from New Year's Eve 2002. Let's listen.

(BEGIN AUDIO CLIP)

AMBER FREY: How was your New Year?

SCOTT PETERSON: It's good. I'm just -- I want (UNINTELLIGIBLE) this bar now, so I came in an alley, a quiet alley. Isn't that nice?

FREY: Yes, it is. I could hear you. Very good.

PETERSON: Yes, it's pretty awesome, fireworks (UNINTELLIGIBLE) the Eiffel Tower. A mass of people, all playing American pop songs.

(END AUDIO CLIP)

COOPER: Jeff, a good move to play this tape?

TOOBIN: You bet. God, what a creep. What, I mean, you know, the word "monster" really does come to mind, because, you know, I suppose bad enough that he killed her, but to have led her family and the world on this horrible search while he is yucking it up with his girlfriend...

WEINTRAUB: (UNINTELLIGIBLE)...

TOOBIN: ... and fantasizing about being in Paris...

(CROSSTALK)

WEINTRAUB: It doesn't matter what he's doing. I mean, this is not the death penalty for adultery, Jeff. I mean, if we had the death penalty for adultery, I don't want to tell you how many men would be sitting on death row.

TOOBIN: No, and, but he's not getting the death penalty for adultery, he's getting the death penalty...

WEINTRAUB: For being a monster?

TOOBIN: ... for killing his wife. And...

WEINTRAUB: We don't even know how he killed her. We don't know the manner of the death...

TOOBIN: Well, but...

WEINTRAUB: ... we don't know...

TOOBIN: ... Jayne, remember, this jury has made up its mind. You may not be convinced, but this jury is totally convinced beyond a reasonable doubt, that this guy killed his pregnant wife, and then had these bizarre, repulsive phone calls.

COOPER: We're going to...

TOOBIN: That's a difficult situation for Mark Geragos to argue...

COOPER: And they have...

TOOBIN: ... his way out of.

COOPER: ... they have been dismissed for the night. They will go back tomorrow. We will see. Jayne Weintraub, thanks very much.

WEINTRAUB: Thank you.

COOPER: Jeffrey Toobin, good to see you.

TOOBIN: OK, Anderson.

COOPER: If Scott Peterson is sentenced to death, he will go to San Quentin prison. Here's a quick fast fact about what he'll find there. Right now, there are 613 other men on death row in San Quentin, some of them that you may know. Richard Allen Davis is the man who kidnapped and killed 12-year-old Polly Klaas in 1993. Also on death row, Stanley "Tookie" Williams, the co-founder of the Cripps gang.

A strange irony, perhaps. Peterson could spend the rest of his life looking at the place where he's been convicted of dumping Laci Peterson's her body. San Quentin prison overlooks the San Francisco Bay.

All that trouble getting a flu shot this year. Could it be repeated next year? That tops our look at what's happening cross- country.

Nationwide, fears of another flu shot shortage. The British plant ordered to stop production of the vaccine, sparking this year's shortage, can't start its operations again until at least April. Health officials have extended a production ban at the plant because some manufacturing problems haven't been fixed.

Stony Brook, New York, now, a warning to men. Your laptop could be deleting sperm, that's if you use the computer in your lap and not on a table. Researchers at the State University of New York say the heat generated by a laptop leads to higher temperatures around a man's genitals, affecting the quality and quantity of sperm.

Moving on now, Long Beach, California, cruise ship mystery. A Wisconsin woman is missing, and her family believes she was thrown into the ocean. They say there's no chance of suicide. The ship was off the coast of Mexico, headed for California, when the woman vanished. And her purse was found near a railing.

Scottsdale, Arizona, now, Mike Tyson's rap sheet gets even longer. The ex-boxing champ was arrested on suspicion of misdemeanor criminal damage. Police say after a night of heavy drinking last month, Tyson jumped on the hood of a stranger's car outside a nightclub. Police say the unwanted hood ornament caused about $1,400 in damage.

Quick look at stories right now cross-country.

360 next, nightclub nightmare. Gunshots at a heavy metal concert, a famed guitarist and others are killed. The question is, why did the gunman open fire?

Plus the question of armor. What prompted a National Guardsman to grill Defense Secretary Donald Rumsfeld on the topic? New questions about his motivation. But also, we're going to check the facts.

Plus, Osama bin Laden, hated in America, but what's the feedback in his home country of Saudi Arabia? The answer might surprise you. Part of our special look at the war of ideas.

First, your picks, the most popular stories right now on CNN.com.

(COMMERCIAL BREAK)

COOPER: Well, power plants and pipelines, dams and bridges, the critical things and places that together make up America's circulatory and nervous systems. You would think the government has a list of those potential terrorist targets.

And there was supposed to be a list by now. But according to some lawmakers, it turns out the list of assets to protect at all costs isn't much to write home about.

CNN homeland security correspondent Jeanne Meserve reports.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT (voice-over): Apart from when presidents play, miniature golf courses are not generally regarded as critical infrastructure. But at least one is included on a national database of vital assets compiled by the Department of Homeland Security.

REP. ZOE LOFGREN (D), CALIFORNIA: So you can't list every, you know, miniature golf site in America. What you need to do is the spine of the American economy, and the lifeblood of America that is vulnerable to attack...

MESERVE: But some important infrastructure is omitted from the list, according to some who have seen it.

REP. BENNIE THOMPSON (D), MISSISSIPPI: There's a bridge that connects my district with the neighboring state of Arkansas, that if that bridge is taken out, you would have to go 100 miles to get to the other side of the river. Well, it was not listed.

MESERVE: The database of potential terrorist targets is intended to identify and prioritize points of vulnerability, to improve security and response plans. Compiled with input from state and local officials, it is enormous, with 80,000 entries.

MICHAEL O'HANLON, BROOKINGS INSTITUTION: There's no way you can use this sort of a list for any practical efforts at protection. It's just too much.

MESERVE: DHS says vulnerability and risk assessments have produced a smaller list that contains, quote, "100 percent of those sites we deem most critical and at highest risk," including some nuclear plants and chemical facilities.

But DHS concedes a comprehensive list is not done, despite these words from Secretary Ridge last February.

(BEGIN VIDEO CLIP, February 2004)

TOM RIDGE, SECRETARY OF HOMELAND SECURITY: By December this year, together with our partners, we will create a unified national critical infrastructure database.

(END VIDEO CLIP)

MESERVE: Some members of Congress are fed up.

LOFGREN: I honestly don't know what they've been doing over there.

(END VIDEOTAPE)

MESERVE: As another lawmaker put it, How can you plan, when you don't know what to protect? Anderson?

COOPER: Jeanne Meserve, thanks for that from Washington.

We talk a lot about winning the war on terror, but what about the war of ideas? The 9/11 commission said it's crucial we try to win over the Muslim world, but so far, by almost every indication, we're not even in the fight. One alarming indication of how we're doing in the war of ideas is how popular Osama bin Laden remains in the Muslim world, in particular in Saudi Arabia, a U.S. ally.

CNN's Nic Robertson is there.

(BEGIN VIDEOTAPE)

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice- over): Remixed, reedited, and rereleased, Osama bin Laden's increasingly stale anti-American vitriol gets fresh life on a Saudi al Qaeda Web site.

But beyond the digital ether, on Saudi Arabia's streets, where the young outnumber the old three to one, his message has a resonance. So much so that, CNN has learned, when one respected market research group discovered how much more bin Laden was admired than the Saudi king, they kept the statistics quiet.

(on camera): More than 70 percent of young Saudi men told the pollsters they admired Osama bin Laden, an intimidating statistic for the Saudi royal family.

(voice-over): What the pollsters also discovered was that, while bin Laden's rhetoric was admired, his actions were not, revealing a tangled love-hate relationship.

ABDULLAH AL-OTAIBI, FORMER JIHADI (through translator): People were sympathetic to Osama bin Laden and al Qaeda for a while until they started doing operations against locals.

ROBERTSON: The tipping point came in the form of a massive Saudi al Qaeda car bombing in November last year. Seventeen people were killed, many more injured, almost all Muslims of Arab descent. Bin Laden wasn't believed to be directly behind the attack, but it brought home the true face of terror.

Sheik Hakeem is a Saudi TV preacher.

(on camera): Is Osama bin Laden doing the right thing?

SHEIK ASSIM AL HAKEEM, MUSLIM CLERIC: At the moment, no.

ROBERTSON (voice-over): But a clue to the apparent contradictory logic that allows Saudis at once to admire and detest bin Laden may come from this. Sheik Hakeem, like many Saudis, still believes bin Laden was not responsible for the attacks of September 11.

HAKEEM: Muslims did not do it. Osama bin Laden is not capable of doing such a thing.

ROBERTSON: Not a new claim, just one in Saudi Arabia that hasn't gone away, leaving Osama bin Laden an ambiguous symbol, a man who, in many circles here, is still to be admired.

Nic Robertson, CNN, Riyadh, Saudi Arabia. (END VIDEOTAPE)

COOPER: So how to win this war of ideas, when so many appear to hate us?

Michael Scheuer has given us a lot of thought. He was the senior intelligence officer at the CIA whose unit was responsible for tracking and killing bin Laden. Scheuer also wrote the book "Imperial Hubris: Why the West Is Losing the War on Terror.

Michael, what is the appeal among Saudis, and people throughout the Muslim world, of Osama bin Laden?

MICHAEL SCHEUER, AUTHOR, "IMPERIAL HUBRIS": Well, I think the appeal is manyfold. Every society has its sort of Robin Hood figure, and certainly Osama bin Laden, a man who came from a family worth $10 billion, and who has lived in Sudan and Afghanistan and fought enemies identified as enemies of his religion, is certainly someone who is in the mold of an Islamic hero, if you will.

COOPER: It's fascinating, there's a Pew Research Center poll that was done. They asked the question, you know, to various people in the Muslim parts of the world, Do you have confidence in Osama bin Laden to do the right thing regarding world affairs? Forty-nine percent of the people said yes, 55 percent in Jordan said yes, 71 percent of the Palestinian Authority, and 58 percent in Indonesia. What does that tell you?

SCHEUER: It tells you that the president currently and Mr. Clinton before him were entirely wrong when they argue that Osama bin Laden and Islamists are out to destroy our society and our way of life and our electoral system. Bin laden's popularity is not only because of bin Laden the person and his leadership skills, it's because he's focused on policies of the United States that are deemed across the Muslim world as an attack on the Islamic religion.

COOPER: So, I mean, we hear from this administration and past administrations a lot, they hate our freedoms. You're saying that's not true?

SCHEUER: That's exactly untrue, sir. They -- the same polls you quoted show huge majorities that oppose our policies. Ninety percent is not untypical in the Muslim world. But at the same time, majorities, and sometimes very large ones, express admiration for American society, its striving toward equity, the ability of parents to find employment to educate their children.

So that the scientific evidence is on the table, if you will, and the president, this president and the last, continue to grasp at straws, really, and fail to inform the American public what, why the enemy is motivated against us.

COOPER: I'm sort of obsessed with this notion of this war of ideas, which the 9/11 commission report talks about, as being almost as important as the war on terror, the military component to it, fighting this war of ideas. And it's a difficult thing. I mean, it doesn't get much coverage. Why is that? (UNINTELLIGIBLE), not a lot of people seem to be talking about it.

SCHEUER: No, sir, they're not, because in America, we're so politically correct that it's very difficult to talk about religion. And bin Laden is motivated, and the people who follow him are motivated by Islam. They feel it is being under attack. And that's a widespread feeling, whether or not people support Osama bin Laden's military actions or not.

I think it's essential that we do discuss the war of ideas, because clearly we're getting the pants beat off us, off of us, at the moment.

COOPER: (UNINTELLIGIBLE)...

SCHEUER: Our public diplomacy is not at all working.

COOPER: Leave it there. Michael, Scheuer, interesting discussion, appreciate you joining us. Thank you.

SCHEUER: Pleasure, sir. Thank you.

COOPER: Coming up next on 360, protecting the troops, fallout over the armor question. What prompted a soldier to grill Donald Rumsfeld? And what are the facts about armored Humvees? We'll take a look.

Plus, a heavy metal horror. A gunman storms the stage, a popular musician and others are killed. There's a live vigil going on right now. We'll take you there and show you the latest on the investigation.

And in a moment, today's 360 challenge, putting you to the test, how well you know news.

(COMMERCIAL BREAK)

COOPER: In the head-banging, ear-pounding universe of heavy metal music -- which, I must admit, I know very little about -- there was one man who was hailed as a true rock god. His fans knew him as a Dimebag Darrell, and he was considered a pioneer with the six-string. Tonight, he and four others are dead, including a gunman who worshiped the idol he killed.

CNN's Keith Oppenheim reports.

(BEGIN VIDEOTAPE)

KEITH OPPENHEIM, CNN CORRESPONDENT (voice-over): In the world of heavy metal rock, Darrell Abbott was a cult figure. Known as Dimebag Darrell, Abbott, in his last two bands, had a dedicated base of fans, fans who, in Texas, left flowers at the home where the rock star lived, and in Ohio, paid respects at the nightclub where he was shot to death.

ADAM VANOVER, FAN: I was sick, I was ill, didn't know what to think. I felt a family member just died or something. OPPENHEIM: Abbott was killed not long after he began to play music Wednesday night. Police say 25-year-old Nathan Gale jumped onto the stage, fired several times at Abbott, and at the crowd as well. A patrol officer, James Niggemeyer, responded quickly. As Gale put a gun on a hostage, investigators say, Officer Niggemeyer took him out with one shot.

Last year, Abbott's previous band, the Grammy-nominated group called Pantera, broke up, a breakup that was rumored to be ugly. But Abbott said that wasn't the case.

"DIMEBAG" DARRELL ABBOTT, GUITARIST: It just kind of got narrow- minded, and, you know, just wanted to bust it open a little bit more.

OPPENHEIM: Bloggers on the Web and fans outside the nightclub have their theories as to why Nathan Gale decided to kill.

NATHAN HEIBERGER, FAN: It was basically a rumor. Nobody was for sure Pantera ever really broke up. And this kid, like, took it way too far, and put the blame on them. And I think he, like, acted out on it.

(END VIDEOTAPE)

OPPENHEIM: We're joining you live now, Anderson, in front of the Al Rosa nightclub. And behind me are about 75 mourners holding a candlelight vigil.

And back to the question of motive. People aren't jumping to any conclusions. They are saying that they don't know what the motive is. And they now they have 60 detectives working on this case right now, trying to get a better idea of what might have caused Nathan Gale to kill a heavy metal icon and three others as well.

Anderson, back to you.

COOPER: It's hard to pay attention, because there was a naked guy behind you. But appreciate it. Thanks very much, Keith. Quite a vigil there.

The Bush administration backs the U.N.'s Kofi Annan, and -- Sorry, what can you do? That story tops our look at global stories right now in the uplink.

Oy.

Today, John Danforth, the U.S. ambassador to the U.N., praised Annan's work as secretary general and said the U.S. is not requesting that he step down. Some congressional Republicans have called for Annan's resignation in the midst of the U.N. oil for food scandal, in which Saddam Hussein illegally got billions of dollars.

Tel Aviv, Israel, now, victory for Prime Minister Ariel Sharon. The country's Likud Party voted to allow the Labor Party into Sharon's coalition. Now, the vote gives Sharon the power to move forward on a plan to withdraw from the Gaza Strip. Manila, Philippines, now, an amazing survival story. Rescuers have pulled a grandmother, her 3-year-old granddaughter, and two neighbors from a building that collapsed in a landslide. The four Filipinos had lived 10 days in pitch-black crevice next to a decaying body. They survived by licking water from the ground and a moist concrete slab. Unbelievable.

Toronto, Canada, gay marriage ruled constitutional. Today, the country's supreme court gave the federal government permission to call on parliament to legalize same-sex unions nationwide. Government is expected to do just that.

That's quick look at the uplink.

360 next, where is the armor? Do U.S. troops have enough protection in Iraq? Tonight, we go beyond the headlines, beyond the politics. We're going to look at the facts.

Plus, a former Peterson juror joins us live, talk about what he thinks awaits Scott Peterson.

(COMMERCIAL BREAK)

COOPER: When Specialist Thomas Wilson asked Defense Secretary Donald Rumsfeld yesterday why there weren't enough armored vehicles for the troops going to Iraq he probably had no idea just how far that question would reverberate. Today on Capitol Hill some liberals used the complaint as ammunition against an administration they say is failing U.S. troops. Conservatives countered by saying some of those liberals voted against the $87 billion appropriations bill to fund U.S. troops in Iraq. There were also new questions raised today about how that National Guard soldier wound up asking what he did. We begin tonight with CNN's senior Pentagon correspondent Jamie McIntyre.

(BEGIN VIDEOTAPE)

(voice-over): As questions go, this one was loaded.

SPEC. THOMAS WILSON, U.S. ARMY: Now why do we soldiers have to dig through local landfills for pieces of scrap metal and compromised ballistic glass to help armor our vehicles?

MCINTYRE: And Rumsfeld was as he himself might say inelegant.

DONALD RUMSFELD, DEFENSE SECRETARY: You know, you go to war with the army you have, not the army you might want.

MCINTYRE: That response was called cruel and callous by Senator Edward Kennedy who claimed the exchange showed that frustration of the troops had finally boiled over and that they were, quote, "obviously fed up with Rumsfeld."

Now it turns out the question read by Specialist Thomas Wilson was planted by a newspaper reporter. According to his e-mail to the staff at the "Chattanooga Times Free Press" posted on the journalism website, Poynteronline. In the e-mail, military writer reporter Lee Pitt crows, I just had one of my best days as a journalist. Pitt says that after learning only soldiers could ask questions, he brought two along as escorts. "Before hand we worked on questions to ask Rumsfeld," he writes, and says, "I found the sergeant in charge and made sure he knew to get my guys." The Pentagon says it's not investigating the incident and everyone from the president on down agrees it's a legitimate question.

BUSH: If I were a soldier overseas wanting to defend my country I'd want to ask the secretary of defense the same question and that is are we getting the best we can get us? And they deserve the best.

MCINTYRE: But the complaint that troops don't have the best has put the Pentagon on the defensive, and in an effort to damage control it quickly arranged a video link for a three-star general in Kuwait to brief reporters at the Pentagon.

LT. GEN. STEVEN WHITCOMB, U.S. ARMY: We're not lacking at this point for our kits, our steel plating to fabricate the level three kits or the personnel to apply those kits. Our goal in what we're working for is a no-wheeled vehicle that leaves Kuwait going into Iraq is driven by a soldier that does not have some level of armor protection on it.

(END VIDEOTAPE)

MCINTYRE: Now, the Pentagon today released a statement saying that it would be unfortunate if it was discovered that somebody interfered with the interaction between the troops and the secretary of defense. The newspaper said that it supported its reporter's efforts to ask what was a legitimate question. After all after it was asked, many of the soldiers there cheered, indicating that they shared the sentiment, even if they didn't know the source of the question.

COOPER: Jamie McIntyre, thanks for that angle on the story.

Now, whether it was planted or not, whether politicians are using the issue or not, we wanted to know the facts. How many humvees are armored, and could the Pentagon be doing more? According to the Pentagon there are 19,389 humvees being used in Iraq, Afghanistan and Kuwait. Of those, 5,910 are considered up armored. They were built with full armor. 9,134 have been retrofitted with add-on armor kits. There are 4,345 without any armor. Roughly 75 percent are armored fully or add-on armor kits.

Now Donald Rumsfeld said that having every humvee outfitted is, quote, "not a matter of money or desire, but production." But we called the company in charge of armoring the vehicles, who said they could deliver up to 100 more a month. They said they've told the Pentagon this a while ago.

So the question tonight, are the troops getting what they need?

Two perspectives tonight. In Washington, we're joined by retired Air Force Colonel P.J. Crowley and retired Army Lieutenant Colonel Robert Maginnis. Gentlemen, appreciate you being with us tonight. Colonel Crowley -- Colonel Maginnis, let me start off with you. Do you believe the Pentagon is doing everything they can, Armor Holdings which is the sole contractor of armoring humvees says it could increase its production by 22 percent from 450 to 550, if requested but no one requested it.

LT. COL. ROBERT MAGINNIS, U.S. ARMY (RET.): A year ago they couldn't say that. They were producing less than 30 per month, and of course they've had to put in place industrial-based to gin up to the 450 a month they're producing now. So I think it's a moot point. A year ago we were facing a very changing evolutionary enemy, and insurgency, quite frankly we didn't anticipate the way it evolved, the IED, the improvised explosive devices were giving us a challenge against especially the light vehicles.

COOPER: And insurgents seem to be moving away from IEDS but is the Pentagon just slow in the uptake of requisitioning more? They say they want to requisition more if they can. They say they couldn't publicly. It turns out they can.

MAGINNIS: The money was there, $1.2 billion. Clearly they were going to do everything they could to get the level 1 humvees out of a factory. They weren't ready a year ago. We ratcheted up as quickly as we can. That's why we have three layers of armament going on there. They're fabricating some and putting others as they come on- line.

COOPER: I guess what's frustrating for the families of a lot of troops out there is this company says they are ready to do more, the Pentagon hasn't asked them. Colonel Crowley, you say the Pentagon could do more, but are you being too critical? Just over 1 percent of humvees had been armored, when the war started and now almost 75 percent. That's impressive, no?

COL. P.J. CROWLEY, U.S. AIRFORCE (RET.): Clearly we are better off than a year ago, but I think the secretary's answer to a very good question was misleading. I would have preferred him tell the soldier, look, we had this problem a year ago, here's how I solved it rather than explaining why the problem still exists. I do think it comes down rather than a problem of production, to a problem of resource. Clearly if the army needed to produce more of the level 2 armor that is much better than the level 3 improvised armor, they could do that. I think what's most important, one, this is a real problem for the national guard. It was a Tennessee national guard troop who asked the question. The guard that is come into the fray usually with older equipment, and they're the ones who are most exposed.

COOPER: I went on patrol with the national guard in Iraq during the summer, and they had some vehicles which were armored, most that we rode in were not. Bloomberg News reports that insurgent attacks on vehicles with homemade bombs, rocket-propelled grenades accounting for as much as half the more than 1,000 U.S. deaths and 9,000 U.S. wounded in Iraq. Should this be a higher priority?

MAGINNIS: Well, it's a high priority, Anderson, and the answer isn't all armor. Keep in mind when you look at tactics, techniques and procedures, plus you look at keeping people out of certain high- density dangerous places, and we also have brought on-line fairly sophisticated anti-IED measures, electronic jamming equipment and other things, so it's a phalanx of activity we've engaged in. We have about 6,000 as you pointed out. We're moving up to 8,100. Should we move it faster? Of course.

COOPER: The more armor you put on the more mobility you sacrifice and so there are strategic reasons perhaps not to put on armor. Colonel Crowley, doesn't this always happen in war? Jeff Taylor, I read in "Reason" magazine raising an interesting point. "Was it a disgrace or outrage that Americans tankers in Normandy had to cut up German steel obstacles to make hedge-cutting teeth for their tanks. No, it was an inspired response to the insanity of war."

The idea that soldiers are foraging for stuff to put on their vehicles, that's really nothing new in the world of military.

CROWLEY: Not at all, and it is a tribute to the innovation of our soldiers, but it's a manifestation of a larger problem. The fact is we came into Iraq with flawed assumptions regarding how hard it would be, how long it would take, and how many troops we would need, and here we are 21 months later, and we really still haven't gotten ahead of the strategy, and we really still haven't defeated the insurgency. I think this is a manifestation of the lack of planning that entered into our invasion.

MAGINNIS: But last summer we started to talk about this as an insurgency. We didn't anticipate this insurgency the way it's come out, keep in mind, and of course we're being innovative at the same time. We're transforming from eight, ten years of declining defense budgets, where we had to really accept more risk, and then we all of a sudden come to a type of war that we weren't quite prepared for, equipment-wise, nor anticipating the type of insurgency.

COOPER: I don't think anyone would disagree with you on that, not prepared for that.

Lieutenant Colonel Robert Maginnis, always good to have you, and P.J. Crowley, Colonel Crowley, thanks very much as well.

CROWLEY: OK, Anderson.

COOPER: More now from the Pentagon. Remember the soldier who went missing in Iraq and said he had been kidnapped? Well, today officials announced that Marine Corporal Wassef Ali Hassoun will face an Article 32 hearing, now that's the military equivalent of a grand jury hearing, on the charge of desertion, stemming from the incident back in June in which he disappeared. Hassoun was seen in a purported hostage video, and then eventually resurfaced in Lebanon. Strange story, we'll continue to follow that one.

360 next, a former Peterson juror joins us live. We're going to find out if if he believes the verdict will be life or death. The jury reconvening tomorrow.

And in a moment, today's 360 "Challenge." How closely have you been following today's news? Find out 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 shirt.

No. 1, the Department of Defense says armor is being added to how many humvees a month?

No. 2, the judge in the Peterson case has instructed jurors that what should not be a factor in their decision?

And no 3., who's being remembered tonight as one of the greatest metal guitarists that ever lived?

Take the challenge, log on to cnn.com/360, click on the answer link. Answer first, we'll send you the shirt. Find out last night's challenge winner and tonight's answers coming up.

(COMMERCIAL BREAK)

COOPER: Scott Peterson's life is now in the hands of a jury. Tomorrow morning, they're going to be back to deliberate the fate of Scott Peterson. And while we can only guess what they're going to do, we do have some insight in the people making that life and death decision.

Justin Falconer was on the Peterson jury until he was removed over the summer. He joins me from Kansas City. Good to see you, Justin. And joining me from Chicago, jury consultant Paul Lisnek. Paul, good to see you as well.

Paul, you've helped choose juries for death penalty cases. Jurors always swear that they'll be able to vote for a death sentence. When the time actually comes, though, is it a different deal?

PAUL LISNEK, JURY CONSULTANT: You know, this decision, Anderson, is not only important for Scott Peterson. This is probably the most important decision these jurors are going to make in their life, and it is true that one of Geragos' concerns was these people said they could put him to death, then they found him guilty of murder in the first degree. So they are sort of predisposed to being able to do it, but actually pushing that button so to speak at this point is not so easy. They're looking deep inside themselves, deep in their soul, and determining whether they can live with that decision.

COOPER: Justin, when you were picked for the jury, how foremost was this in your mind, that it could be a death penalty case?

JUSTIN FALCONER, DISMISSED PETERSON JUROR: You know, it was there. It was definitely there. That's why I think we, you know, a lot of us, including myself, paid very, very close attention to the evidence. I knew that if they wanted me to put this man to death, that I really, really wanted to pay attention and know for a fact that he was guilty of this crime, and you know, they've obviously come to that point, but I think reality has set in now. I don't think they're going to get much sleep tonight, and hopefully they come up with the right decision.

COOPER: Paul, how closely do you watch the jury in a case like this? I mean, there was a very emotional reaction from jury when Laci Peterson's mom, Sharon Rocha, took the stand. She wept, she yelled. When Scott Peterson's mother, Jackie, took the stand, apparently the jury was pretty much dry-eyed. I mean, does that matter? Do you read anything into that?

LISNEK: You know, actually I do. I mean, jurors, they know they're being watched. They know that people are looking at their reactions, but of course they're also reacting. And they've taken their position, Anderson. When we heard from Sharon Rocha, they've already said their heart goes out to Laci's family. This is where their anger at Scott is in support of Laci and her family. So when Scott's mother gets up, and other players on Scott's side, say, look, he's a good guy, there's a lot to him, he can do a lot for the prisoners in jail, you know, these are people who have already come to believe this guy is a monster, he's a guy that clearly needs to be punished. As I said, the next hurdle is really theirs. Can they live with the decision of putting somebody to death?

Justin never -- Justin sort of was with the case back when they were dealing with the evidentuary phase, of course. He never got to the point of having to get the commitment of guilt here. And that is a very important hurdle that the jurors actually had to overcome and take.

COOPER: Paul Lisnek, always good to talk to you. Justin Falconer as well. I appreciate you being with us tonight. Thanks very much, both of you.

It is a very interesting case, we'll continue to follow it. Tomorrow, we expect some sort of a resolution tomorrow.

It's been a big night tonight on CNN, with some powerful stories. Coming up on "PAULA ZAHN NOW," Paula joins me right now with a preview of what she's covering. Hey, Paula.

PAULA ZAHN, HOST, "PAULA ZAHN NOW": Hi, Anderson. It is a powerful show coming up. We're going to take a look at Westerners, living, working, even dying in a violent world. Danny Pearl, a journalist whose murder was filmed for the world to see. Amy Beal, an idealistic young woman, murdered by the very people she wanted to help. And then of course, CNN's own Jane Arraf, one of the world's bravest women, who lives and works in the most dangerous place on Earth. I think it's not only an intense hour, Anderson, but an unforgettable one.

COOPER: We'll be watching at 8:00. Thanks very much, Paula.

360 next, for a lighter story, a reindeer that came dangerously close to being left out of all those reindeer games. That's right, we'll tell you how surgery, not Santa, surgery, came to his rescue. Maybe a little Botox, too, not sure about that.

(COMMERCIAL BREAK) COOPER: No doubt you know Dasher and Dancer and Prancer and -- well, you know all the others, but you probably don't know anything about Bucky the reindeer. Bucky has become a local favorite here as a Christmas mascot for the Bronx Zoo. Now, the reindeer has a rack that even Santa can love. The only thing is, as CNN's Jeanne Moos reports, it has been enhanced by surgery.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): This isn't Rudolf, it's Bucky, and it's his antler, not his nose that's the problem.

(on camera): He basically snapped off his antler, see? This is his antler.

(voice-over): But since Bucky is the star reindeer at the Bronx Zoo, losing half his rack won't do.

CHILDREN (singing): Bucky the Bronx Zoo reindeer played too much and broke his rack. And if you ever saw it, you would really want it back.

MOOS: And back he got it.

UNIDENTIFIED MALE: Beautiful.

MOOS: Don't worry, it doesn't hurt. Antlers are like fingernails. They drilled a hole, put in threads for a screw and bone glue, then twisted on the antler.

(on camera): After all, the female reindeer like a male with a big rack?

UNIDENTIFIED MALE: They go like this, uh-huh.

MOOS: Nice rack.

(voice-over): Which brings us to Bucky's harem, seven female reindeer.

(on camera): Did the other reindeer used to laugh and call him names?

(voice-over): Nope. And a prosthetic antler sort of reminds us of trying to cover up Rudolf's nose.

UNIDENTIFIED MALE: You'll like it and wear it.

UNIDENTIFIED MALE: Oh, but daddy, it's not very comfortable.

MOOS: True, Bucky is not as agile with his antler, as say, Captain Hook, but he's better off than the dog the Grinch turned into a reindeer.

UNIDENTIFIED CHILD: Does Bucky have any kids?

UNIDENTIFIED MALE: Bucky is a gelding.

UNIDENTIFIED CHILD: What's a gelding?

MOOS (on camera): That means he's...

UNIDENTIFIED MALE: Been castrated.

MOOS: So a lot of good his rack will do him.

(voice-over): And even with his reconstituted rack, Bucky's harem didn't quite live up to the lyrics.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

COOPER: Quite a rack.

A little earlier on 360, you might have noticed something a bit shocking, a naked man showing it all, the full monty. There he is, behind Keith Oppenheim. Keith Oppenheim was reporting on the nightclub shooting in Columbus, Ohio, but frankly I don't really know what he was talking about, because I was transfixed by the streaker.

We have an update for you. We've already gotten a number of e- mails about it. Police quickly moved in and we're told arrested the streaker. And as you can tell by his condition, it was rather cold outside.

360 next, remembering Jerry Scoggins? Who? You don't know the name, but you definitely know the voice. We'll take his musical legacy to "The Nth Degree."

And the 360 "Challenge," here's another look at tonight's questions.

No. 1, the Department of Defense says armor is being added to how many humvees a month?

No. 2, the judge in the Peterson case has instructed jurors that what should not be a factor in their decision?

And no 3., who's being remembered tonight as one of the greatest metal guitarists that ever lived?

Log on to cnn.com/360. Click on the link, the answer link, to play.

(COMMERCIAL BREAK)

COOPER: All right. Time now for the answers to today's 360 "Challenge."

No. 1, the Department of Defense says armor is being added to how many humvees a month? Four hundred and fifty.

No. 2, the judge in the Peterson case has instructed jurors that what should not be a factor in their decision? The answer, sympathy.

And who's being remembered tonight as one of the greatest metal guitarists that ever lived? "Dimebag" Darrell.

The first person to answer all three questions correctly will be sent a 360 shirt. Tune in tomorrow, find out if you're the one. Last night's lucky winner -- or talented winner, quick winner -- Suzanne Schroeder of Rochester, New York. Congratulations. Another 360 "Challenge," another chance to win tomorrow.

Tonight, taking a twangy tune to "The Nth Degree." We thought we should tell you that Jerry Scoggins died the other day yet at the ripe old age of 93. Now, you say you never heard of Jerry Scoggins? Could be, but you certainly heard from him. He's the one singing "The Ballad of Jed Clampett."

(MUSIC)

At the height of its popularity almost 40 years ago, "The Beverly Hillbillies" was the most watched show on television. Sixty million people tuned in every week, and the song Jerry Scoggins sang became as much a part of us as the show's wonderful, over-the-top cartoon characters. You can still see them now almost any time of day or night in reruns on some channel somewhere. You can still see them and you can still hear Jerry Scoggins.

(MUSIC)

Just thought we'd say goodbye and thanks for the song that is twangy, tuneful, fun.

I'm Anderson Cooper. Thanks for watching 360. Coming up next, "PAULA ZAHN NOW."

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


Aired December 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 New York. I'm Anderson Cooper.
Right now, Scott Peterson's life is in the hands of a jury.

360 starts now.

The final choice, life or death for Scott Peterson. The jury decides. But why is Mark Geragos already admitting he made mistakes?

The military says it's armoring Humvees as fast as it can. But are they really? Tonight, behind the politics, we check the facts about Humvees, armored plating, and what more can be done.

A fatal nightclub shooting in Ohio, a heavy metal guitarist gunned down on stage. Tonight, the crime, the killer, and what his motive might have been.

The government promised a final list of potential terror targets, but more than three years since 9/11, where is it? Tonight, the security lapse that has some lawmakers up in arms.

And the war on terror is one thing, but what about winning the war of ideas? Tonight, a shocking look at why so many young Saudis like Osama bin Laden, and what we can do to change their minds.

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

COOPER: And good evening again.

Just moments ago the judge in the Scott Peterson case called it a day. He sent the jurors home after they had spent two hours trying to decide if Peterson should live or die for the murder of his wife and unborn child.

Now, just before deliberations began, this was the scene in the courtroom, Scott Peterson there, showing absolutely no emotion. But look at his defense attorney, Mark Geragos. He's hunched over, his hands in his head. Whether that's real emotion or strategy, we don't know, and we'll talk about in a moment.

Moments before, both sides gave closing arguments, the prosecution urging death for a monster, as they said, and Geragos begging for his client's life. CNN's Ted Rowlands is covering it all.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): In an effort to save Scott Peterson's life, a subdued Mark Geragos begged jurors to, quote, "end this cycle now, there's no reason to put him to death." Geragos went on to say that when all is said and done, putting Peterson to death wouldn't bring Laci back, and wouldn't bring closure to her mother and the rest of the family, saying, quote, "I think it will haunt them."

Geragos argued that any lingering doubt in jurors' minds is enough to spare Scott Peterson's life.

The prosecution spent just under an hour trying to convince the jury of the opposite, that death is the punishment Peterson deserves, saying for 116 days, Peterson let his wife's body rot in the water, while her family wondered where he was.

Standing next to the defendant, prosecutor Dave Harris pointed and said that if people are concerned about what effect a death sentence would have on Peterson's family, quote, "he's the one who's responsible."

Harris played a clip of Peterson crying on "Good morning America," saying he was a liar, playing the part of a grieving husband. Then Harris showed photos of Peterson smiling at a vigil for his missing wife, and playing a recording of a call he made that night to girlfriend Amber Frey.

In the end, Harris said, Scott Peterson is the worst of the worst, a manipulative liar who deserves to die.

Attorney Mark Geragos buried his head in his hands, and Peterson family members wept openly as the judge read final instructions to the jury that must decide whether Scott Peterson will live or die.

(END VIDEOTAPE)

ROWLANDS: Both arguments very compelling today. The jury was fixated on both sides when delivering those arguments. They deliberated for two hours today, Anderson. They'll be back at 8:00 a.m. Pacific time to continue their (UNINTELLIGIBLE) deliberative process.

They needed a unanimous vote of 12-0 either way, otherwise this jury could be hung, Anderson.

COOPER: Ted Rowlands, thanks very much.

With the jury finished deliberating for the night, and that just happened moments ago, let's get the experts to weigh in on who made the better case to them during closing arguments.

As always, we try to see stories from all angles. So joining me in justice served in Washington, CNN senior legal analyst Jeffrey Toobin, and here in the studio, defense attorney Jayne Weintraub.

Good to have you here.

Jayne, let me begin with you. Right off the bat, Geragos today admitted, saying, quote, "I did not prepare a penalty phase. I just did not expect your verdict." Why is he doing that? Is that a strategy?

JAYNE WEINTRAUB, DEFENSE ATTORNEY: I think it was a strategy of his. It's not something that I would have done personally. But I think it was probably honest on Mark's part. That doesn't mean it was ineffective. And again, Anderson, I just don't think this is about the lawyers. This is about asking the jurors to follow their oath.

COOPER: But the strategy would be, what, to try to already sort of lay the groundwork that he was incompetent, and therefore...

WEINTRAUB: Oh, no...

COOPER: ... sort of...

WEINTRAUB: ... not.

COOPER: ... that Peterson should get another trial, or, or appeal the verdict?

WEINTRAUB: No, I think, I, I think that it was his raw emotion of saying, I just can't believe I'm actually standing here in a penalty phase, because this is not a death penalty case.

COOPER: Jeff, do you think it was just raw emotion?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Yes, I think it was something he probably meant to show, his confidence that his client was not guilty. And you know, he still believes that. I don't think it's tremendously significant one way or another.

What's interesting is the strategy he took in the penalty phase, which is so different from what defense lawyers so often do in penalty phases.

COOPER: How so?

TOOBIN: Well, usually the idea is, Look at how my client has suffered in his life, look at what a terrible life he's led. This is why he was led to do this terrible thing.

What he did was what Timothy McVeigh's lawyers did, which was say, Look at what a normal guy he is, look at the normal, nice life he had. How can you put someone to death who's sort of just like you? It doesn't work for Timothy McVeigh. I think it's got a somewhat better chance...

COOPER: Yes, if my lawyer said to me...

TOOBIN: ... (UNINTELLIGIBLE)... COOPER: ... I'm going to use the defense Timothy McVeigh used, I'm not sure I would go with that lawyer. Jayne...

TOOBIN: Well, (UNINTELLIGIBLE)...

COOPER: ... Weintraub, you said no experts were (UNINTELLIGIBLE).

WEINTRAUB: Well, I think it was unusual that no experts were called in the death phase. I mean, that is the usual course of events, to call expert psychologists, psychiatrists, really to get into his head.

But what Jeffrey raises is an interesting point, in that most lawyers representing people on, you know, in death cases do not have to face a privileged lifestyle. Here, they have a privileged lifestyle. They can't hide from it. So they have to show it, and then use it to show residual doubt, reasonable doubt, less than.

COOPER: I want to play for you something that the prosecution played today, a telephone exchange between Scott Peterson and Amber Frey from New Year's Eve 2002. Let's listen.

(BEGIN AUDIO CLIP)

AMBER FREY: How was your New Year?

SCOTT PETERSON: It's good. I'm just -- I want (UNINTELLIGIBLE) this bar now, so I came in an alley, a quiet alley. Isn't that nice?

FREY: Yes, it is. I could hear you. Very good.

PETERSON: Yes, it's pretty awesome, fireworks (UNINTELLIGIBLE) the Eiffel Tower. A mass of people, all playing American pop songs.

(END AUDIO CLIP)

COOPER: Jeff, a good move to play this tape?

TOOBIN: You bet. God, what a creep. What, I mean, you know, the word "monster" really does come to mind, because, you know, I suppose bad enough that he killed her, but to have led her family and the world on this horrible search while he is yucking it up with his girlfriend...

WEINTRAUB: (UNINTELLIGIBLE)...

TOOBIN: ... and fantasizing about being in Paris...

(CROSSTALK)

WEINTRAUB: It doesn't matter what he's doing. I mean, this is not the death penalty for adultery, Jeff. I mean, if we had the death penalty for adultery, I don't want to tell you how many men would be sitting on death row.

TOOBIN: No, and, but he's not getting the death penalty for adultery, he's getting the death penalty...

WEINTRAUB: For being a monster?

TOOBIN: ... for killing his wife. And...

WEINTRAUB: We don't even know how he killed her. We don't know the manner of the death...

TOOBIN: Well, but...

WEINTRAUB: ... we don't know...

TOOBIN: ... Jayne, remember, this jury has made up its mind. You may not be convinced, but this jury is totally convinced beyond a reasonable doubt, that this guy killed his pregnant wife, and then had these bizarre, repulsive phone calls.

COOPER: We're going to...

TOOBIN: That's a difficult situation for Mark Geragos to argue...

COOPER: And they have...

TOOBIN: ... his way out of.

COOPER: ... they have been dismissed for the night. They will go back tomorrow. We will see. Jayne Weintraub, thanks very much.

WEINTRAUB: Thank you.

COOPER: Jeffrey Toobin, good to see you.

TOOBIN: OK, Anderson.

COOPER: If Scott Peterson is sentenced to death, he will go to San Quentin prison. Here's a quick fast fact about what he'll find there. Right now, there are 613 other men on death row in San Quentin, some of them that you may know. Richard Allen Davis is the man who kidnapped and killed 12-year-old Polly Klaas in 1993. Also on death row, Stanley "Tookie" Williams, the co-founder of the Cripps gang.

A strange irony, perhaps. Peterson could spend the rest of his life looking at the place where he's been convicted of dumping Laci Peterson's her body. San Quentin prison overlooks the San Francisco Bay.

All that trouble getting a flu shot this year. Could it be repeated next year? That tops our look at what's happening cross- country.

Nationwide, fears of another flu shot shortage. The British plant ordered to stop production of the vaccine, sparking this year's shortage, can't start its operations again until at least April. Health officials have extended a production ban at the plant because some manufacturing problems haven't been fixed.

Stony Brook, New York, now, a warning to men. Your laptop could be deleting sperm, that's if you use the computer in your lap and not on a table. Researchers at the State University of New York say the heat generated by a laptop leads to higher temperatures around a man's genitals, affecting the quality and quantity of sperm.

Moving on now, Long Beach, California, cruise ship mystery. A Wisconsin woman is missing, and her family believes she was thrown into the ocean. They say there's no chance of suicide. The ship was off the coast of Mexico, headed for California, when the woman vanished. And her purse was found near a railing.

Scottsdale, Arizona, now, Mike Tyson's rap sheet gets even longer. The ex-boxing champ was arrested on suspicion of misdemeanor criminal damage. Police say after a night of heavy drinking last month, Tyson jumped on the hood of a stranger's car outside a nightclub. Police say the unwanted hood ornament caused about $1,400 in damage.

Quick look at stories right now cross-country.

360 next, nightclub nightmare. Gunshots at a heavy metal concert, a famed guitarist and others are killed. The question is, why did the gunman open fire?

Plus the question of armor. What prompted a National Guardsman to grill Defense Secretary Donald Rumsfeld on the topic? New questions about his motivation. But also, we're going to check the facts.

Plus, Osama bin Laden, hated in America, but what's the feedback in his home country of Saudi Arabia? The answer might surprise you. Part of our special look at the war of ideas.

First, your picks, the most popular stories right now on CNN.com.

(COMMERCIAL BREAK)

COOPER: Well, power plants and pipelines, dams and bridges, the critical things and places that together make up America's circulatory and nervous systems. You would think the government has a list of those potential terrorist targets.

And there was supposed to be a list by now. But according to some lawmakers, it turns out the list of assets to protect at all costs isn't much to write home about.

CNN homeland security correspondent Jeanne Meserve reports.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT (voice-over): Apart from when presidents play, miniature golf courses are not generally regarded as critical infrastructure. But at least one is included on a national database of vital assets compiled by the Department of Homeland Security.

REP. ZOE LOFGREN (D), CALIFORNIA: So you can't list every, you know, miniature golf site in America. What you need to do is the spine of the American economy, and the lifeblood of America that is vulnerable to attack...

MESERVE: But some important infrastructure is omitted from the list, according to some who have seen it.

REP. BENNIE THOMPSON (D), MISSISSIPPI: There's a bridge that connects my district with the neighboring state of Arkansas, that if that bridge is taken out, you would have to go 100 miles to get to the other side of the river. Well, it was not listed.

MESERVE: The database of potential terrorist targets is intended to identify and prioritize points of vulnerability, to improve security and response plans. Compiled with input from state and local officials, it is enormous, with 80,000 entries.

MICHAEL O'HANLON, BROOKINGS INSTITUTION: There's no way you can use this sort of a list for any practical efforts at protection. It's just too much.

MESERVE: DHS says vulnerability and risk assessments have produced a smaller list that contains, quote, "100 percent of those sites we deem most critical and at highest risk," including some nuclear plants and chemical facilities.

But DHS concedes a comprehensive list is not done, despite these words from Secretary Ridge last February.

(BEGIN VIDEO CLIP, February 2004)

TOM RIDGE, SECRETARY OF HOMELAND SECURITY: By December this year, together with our partners, we will create a unified national critical infrastructure database.

(END VIDEO CLIP)

MESERVE: Some members of Congress are fed up.

LOFGREN: I honestly don't know what they've been doing over there.

(END VIDEOTAPE)

MESERVE: As another lawmaker put it, How can you plan, when you don't know what to protect? Anderson?

COOPER: Jeanne Meserve, thanks for that from Washington.

We talk a lot about winning the war on terror, but what about the war of ideas? The 9/11 commission said it's crucial we try to win over the Muslim world, but so far, by almost every indication, we're not even in the fight. One alarming indication of how we're doing in the war of ideas is how popular Osama bin Laden remains in the Muslim world, in particular in Saudi Arabia, a U.S. ally.

CNN's Nic Robertson is there.

(BEGIN VIDEOTAPE)

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice- over): Remixed, reedited, and rereleased, Osama bin Laden's increasingly stale anti-American vitriol gets fresh life on a Saudi al Qaeda Web site.

But beyond the digital ether, on Saudi Arabia's streets, where the young outnumber the old three to one, his message has a resonance. So much so that, CNN has learned, when one respected market research group discovered how much more bin Laden was admired than the Saudi king, they kept the statistics quiet.

(on camera): More than 70 percent of young Saudi men told the pollsters they admired Osama bin Laden, an intimidating statistic for the Saudi royal family.

(voice-over): What the pollsters also discovered was that, while bin Laden's rhetoric was admired, his actions were not, revealing a tangled love-hate relationship.

ABDULLAH AL-OTAIBI, FORMER JIHADI (through translator): People were sympathetic to Osama bin Laden and al Qaeda for a while until they started doing operations against locals.

ROBERTSON: The tipping point came in the form of a massive Saudi al Qaeda car bombing in November last year. Seventeen people were killed, many more injured, almost all Muslims of Arab descent. Bin Laden wasn't believed to be directly behind the attack, but it brought home the true face of terror.

Sheik Hakeem is a Saudi TV preacher.

(on camera): Is Osama bin Laden doing the right thing?

SHEIK ASSIM AL HAKEEM, MUSLIM CLERIC: At the moment, no.

ROBERTSON (voice-over): But a clue to the apparent contradictory logic that allows Saudis at once to admire and detest bin Laden may come from this. Sheik Hakeem, like many Saudis, still believes bin Laden was not responsible for the attacks of September 11.

HAKEEM: Muslims did not do it. Osama bin Laden is not capable of doing such a thing.

ROBERTSON: Not a new claim, just one in Saudi Arabia that hasn't gone away, leaving Osama bin Laden an ambiguous symbol, a man who, in many circles here, is still to be admired.

Nic Robertson, CNN, Riyadh, Saudi Arabia. (END VIDEOTAPE)

COOPER: So how to win this war of ideas, when so many appear to hate us?

Michael Scheuer has given us a lot of thought. He was the senior intelligence officer at the CIA whose unit was responsible for tracking and killing bin Laden. Scheuer also wrote the book "Imperial Hubris: Why the West Is Losing the War on Terror.

Michael, what is the appeal among Saudis, and people throughout the Muslim world, of Osama bin Laden?

MICHAEL SCHEUER, AUTHOR, "IMPERIAL HUBRIS": Well, I think the appeal is manyfold. Every society has its sort of Robin Hood figure, and certainly Osama bin Laden, a man who came from a family worth $10 billion, and who has lived in Sudan and Afghanistan and fought enemies identified as enemies of his religion, is certainly someone who is in the mold of an Islamic hero, if you will.

COOPER: It's fascinating, there's a Pew Research Center poll that was done. They asked the question, you know, to various people in the Muslim parts of the world, Do you have confidence in Osama bin Laden to do the right thing regarding world affairs? Forty-nine percent of the people said yes, 55 percent in Jordan said yes, 71 percent of the Palestinian Authority, and 58 percent in Indonesia. What does that tell you?

SCHEUER: It tells you that the president currently and Mr. Clinton before him were entirely wrong when they argue that Osama bin Laden and Islamists are out to destroy our society and our way of life and our electoral system. Bin laden's popularity is not only because of bin Laden the person and his leadership skills, it's because he's focused on policies of the United States that are deemed across the Muslim world as an attack on the Islamic religion.

COOPER: So, I mean, we hear from this administration and past administrations a lot, they hate our freedoms. You're saying that's not true?

SCHEUER: That's exactly untrue, sir. They -- the same polls you quoted show huge majorities that oppose our policies. Ninety percent is not untypical in the Muslim world. But at the same time, majorities, and sometimes very large ones, express admiration for American society, its striving toward equity, the ability of parents to find employment to educate their children.

So that the scientific evidence is on the table, if you will, and the president, this president and the last, continue to grasp at straws, really, and fail to inform the American public what, why the enemy is motivated against us.

COOPER: I'm sort of obsessed with this notion of this war of ideas, which the 9/11 commission report talks about, as being almost as important as the war on terror, the military component to it, fighting this war of ideas. And it's a difficult thing. I mean, it doesn't get much coverage. Why is that? (UNINTELLIGIBLE), not a lot of people seem to be talking about it.

SCHEUER: No, sir, they're not, because in America, we're so politically correct that it's very difficult to talk about religion. And bin Laden is motivated, and the people who follow him are motivated by Islam. They feel it is being under attack. And that's a widespread feeling, whether or not people support Osama bin Laden's military actions or not.

I think it's essential that we do discuss the war of ideas, because clearly we're getting the pants beat off us, off of us, at the moment.

COOPER: (UNINTELLIGIBLE)...

SCHEUER: Our public diplomacy is not at all working.

COOPER: Leave it there. Michael, Scheuer, interesting discussion, appreciate you joining us. Thank you.

SCHEUER: Pleasure, sir. Thank you.

COOPER: Coming up next on 360, protecting the troops, fallout over the armor question. What prompted a soldier to grill Donald Rumsfeld? And what are the facts about armored Humvees? We'll take a look.

Plus, a heavy metal horror. A gunman storms the stage, a popular musician and others are killed. There's a live vigil going on right now. We'll take you there and show you the latest on the investigation.

And in a moment, today's 360 challenge, putting you to the test, how well you know news.

(COMMERCIAL BREAK)

COOPER: In the head-banging, ear-pounding universe of heavy metal music -- which, I must admit, I know very little about -- there was one man who was hailed as a true rock god. His fans knew him as a Dimebag Darrell, and he was considered a pioneer with the six-string. Tonight, he and four others are dead, including a gunman who worshiped the idol he killed.

CNN's Keith Oppenheim reports.

(BEGIN VIDEOTAPE)

KEITH OPPENHEIM, CNN CORRESPONDENT (voice-over): In the world of heavy metal rock, Darrell Abbott was a cult figure. Known as Dimebag Darrell, Abbott, in his last two bands, had a dedicated base of fans, fans who, in Texas, left flowers at the home where the rock star lived, and in Ohio, paid respects at the nightclub where he was shot to death.

ADAM VANOVER, FAN: I was sick, I was ill, didn't know what to think. I felt a family member just died or something. OPPENHEIM: Abbott was killed not long after he began to play music Wednesday night. Police say 25-year-old Nathan Gale jumped onto the stage, fired several times at Abbott, and at the crowd as well. A patrol officer, James Niggemeyer, responded quickly. As Gale put a gun on a hostage, investigators say, Officer Niggemeyer took him out with one shot.

Last year, Abbott's previous band, the Grammy-nominated group called Pantera, broke up, a breakup that was rumored to be ugly. But Abbott said that wasn't the case.

"DIMEBAG" DARRELL ABBOTT, GUITARIST: It just kind of got narrow- minded, and, you know, just wanted to bust it open a little bit more.

OPPENHEIM: Bloggers on the Web and fans outside the nightclub have their theories as to why Nathan Gale decided to kill.

NATHAN HEIBERGER, FAN: It was basically a rumor. Nobody was for sure Pantera ever really broke up. And this kid, like, took it way too far, and put the blame on them. And I think he, like, acted out on it.

(END VIDEOTAPE)

OPPENHEIM: We're joining you live now, Anderson, in front of the Al Rosa nightclub. And behind me are about 75 mourners holding a candlelight vigil.

And back to the question of motive. People aren't jumping to any conclusions. They are saying that they don't know what the motive is. And they now they have 60 detectives working on this case right now, trying to get a better idea of what might have caused Nathan Gale to kill a heavy metal icon and three others as well.

Anderson, back to you.

COOPER: It's hard to pay attention, because there was a naked guy behind you. But appreciate it. Thanks very much, Keith. Quite a vigil there.

The Bush administration backs the U.N.'s Kofi Annan, and -- Sorry, what can you do? That story tops our look at global stories right now in the uplink.

Oy.

Today, John Danforth, the U.S. ambassador to the U.N., praised Annan's work as secretary general and said the U.S. is not requesting that he step down. Some congressional Republicans have called for Annan's resignation in the midst of the U.N. oil for food scandal, in which Saddam Hussein illegally got billions of dollars.

Tel Aviv, Israel, now, victory for Prime Minister Ariel Sharon. The country's Likud Party voted to allow the Labor Party into Sharon's coalition. Now, the vote gives Sharon the power to move forward on a plan to withdraw from the Gaza Strip. Manila, Philippines, now, an amazing survival story. Rescuers have pulled a grandmother, her 3-year-old granddaughter, and two neighbors from a building that collapsed in a landslide. The four Filipinos had lived 10 days in pitch-black crevice next to a decaying body. They survived by licking water from the ground and a moist concrete slab. Unbelievable.

Toronto, Canada, gay marriage ruled constitutional. Today, the country's supreme court gave the federal government permission to call on parliament to legalize same-sex unions nationwide. Government is expected to do just that.

That's quick look at the uplink.

360 next, where is the armor? Do U.S. troops have enough protection in Iraq? Tonight, we go beyond the headlines, beyond the politics. We're going to look at the facts.

Plus, a former Peterson juror joins us live, talk about what he thinks awaits Scott Peterson.

(COMMERCIAL BREAK)

COOPER: When Specialist Thomas Wilson asked Defense Secretary Donald Rumsfeld yesterday why there weren't enough armored vehicles for the troops going to Iraq he probably had no idea just how far that question would reverberate. Today on Capitol Hill some liberals used the complaint as ammunition against an administration they say is failing U.S. troops. Conservatives countered by saying some of those liberals voted against the $87 billion appropriations bill to fund U.S. troops in Iraq. There were also new questions raised today about how that National Guard soldier wound up asking what he did. We begin tonight with CNN's senior Pentagon correspondent Jamie McIntyre.

(BEGIN VIDEOTAPE)

(voice-over): As questions go, this one was loaded.

SPEC. THOMAS WILSON, U.S. ARMY: Now why do we soldiers have to dig through local landfills for pieces of scrap metal and compromised ballistic glass to help armor our vehicles?

MCINTYRE: And Rumsfeld was as he himself might say inelegant.

DONALD RUMSFELD, DEFENSE SECRETARY: You know, you go to war with the army you have, not the army you might want.

MCINTYRE: That response was called cruel and callous by Senator Edward Kennedy who claimed the exchange showed that frustration of the troops had finally boiled over and that they were, quote, "obviously fed up with Rumsfeld."

Now it turns out the question read by Specialist Thomas Wilson was planted by a newspaper reporter. According to his e-mail to the staff at the "Chattanooga Times Free Press" posted on the journalism website, Poynteronline. In the e-mail, military writer reporter Lee Pitt crows, I just had one of my best days as a journalist. Pitt says that after learning only soldiers could ask questions, he brought two along as escorts. "Before hand we worked on questions to ask Rumsfeld," he writes, and says, "I found the sergeant in charge and made sure he knew to get my guys." The Pentagon says it's not investigating the incident and everyone from the president on down agrees it's a legitimate question.

BUSH: If I were a soldier overseas wanting to defend my country I'd want to ask the secretary of defense the same question and that is are we getting the best we can get us? And they deserve the best.

MCINTYRE: But the complaint that troops don't have the best has put the Pentagon on the defensive, and in an effort to damage control it quickly arranged a video link for a three-star general in Kuwait to brief reporters at the Pentagon.

LT. GEN. STEVEN WHITCOMB, U.S. ARMY: We're not lacking at this point for our kits, our steel plating to fabricate the level three kits or the personnel to apply those kits. Our goal in what we're working for is a no-wheeled vehicle that leaves Kuwait going into Iraq is driven by a soldier that does not have some level of armor protection on it.

(END VIDEOTAPE)

MCINTYRE: Now, the Pentagon today released a statement saying that it would be unfortunate if it was discovered that somebody interfered with the interaction between the troops and the secretary of defense. The newspaper said that it supported its reporter's efforts to ask what was a legitimate question. After all after it was asked, many of the soldiers there cheered, indicating that they shared the sentiment, even if they didn't know the source of the question.

COOPER: Jamie McIntyre, thanks for that angle on the story.

Now, whether it was planted or not, whether politicians are using the issue or not, we wanted to know the facts. How many humvees are armored, and could the Pentagon be doing more? According to the Pentagon there are 19,389 humvees being used in Iraq, Afghanistan and Kuwait. Of those, 5,910 are considered up armored. They were built with full armor. 9,134 have been retrofitted with add-on armor kits. There are 4,345 without any armor. Roughly 75 percent are armored fully or add-on armor kits.

Now Donald Rumsfeld said that having every humvee outfitted is, quote, "not a matter of money or desire, but production." But we called the company in charge of armoring the vehicles, who said they could deliver up to 100 more a month. They said they've told the Pentagon this a while ago.

So the question tonight, are the troops getting what they need?

Two perspectives tonight. In Washington, we're joined by retired Air Force Colonel P.J. Crowley and retired Army Lieutenant Colonel Robert Maginnis. Gentlemen, appreciate you being with us tonight. Colonel Crowley -- Colonel Maginnis, let me start off with you. Do you believe the Pentagon is doing everything they can, Armor Holdings which is the sole contractor of armoring humvees says it could increase its production by 22 percent from 450 to 550, if requested but no one requested it.

LT. COL. ROBERT MAGINNIS, U.S. ARMY (RET.): A year ago they couldn't say that. They were producing less than 30 per month, and of course they've had to put in place industrial-based to gin up to the 450 a month they're producing now. So I think it's a moot point. A year ago we were facing a very changing evolutionary enemy, and insurgency, quite frankly we didn't anticipate the way it evolved, the IED, the improvised explosive devices were giving us a challenge against especially the light vehicles.

COOPER: And insurgents seem to be moving away from IEDS but is the Pentagon just slow in the uptake of requisitioning more? They say they want to requisition more if they can. They say they couldn't publicly. It turns out they can.

MAGINNIS: The money was there, $1.2 billion. Clearly they were going to do everything they could to get the level 1 humvees out of a factory. They weren't ready a year ago. We ratcheted up as quickly as we can. That's why we have three layers of armament going on there. They're fabricating some and putting others as they come on- line.

COOPER: I guess what's frustrating for the families of a lot of troops out there is this company says they are ready to do more, the Pentagon hasn't asked them. Colonel Crowley, you say the Pentagon could do more, but are you being too critical? Just over 1 percent of humvees had been armored, when the war started and now almost 75 percent. That's impressive, no?

COL. P.J. CROWLEY, U.S. AIRFORCE (RET.): Clearly we are better off than a year ago, but I think the secretary's answer to a very good question was misleading. I would have preferred him tell the soldier, look, we had this problem a year ago, here's how I solved it rather than explaining why the problem still exists. I do think it comes down rather than a problem of production, to a problem of resource. Clearly if the army needed to produce more of the level 2 armor that is much better than the level 3 improvised armor, they could do that. I think what's most important, one, this is a real problem for the national guard. It was a Tennessee national guard troop who asked the question. The guard that is come into the fray usually with older equipment, and they're the ones who are most exposed.

COOPER: I went on patrol with the national guard in Iraq during the summer, and they had some vehicles which were armored, most that we rode in were not. Bloomberg News reports that insurgent attacks on vehicles with homemade bombs, rocket-propelled grenades accounting for as much as half the more than 1,000 U.S. deaths and 9,000 U.S. wounded in Iraq. Should this be a higher priority?

MAGINNIS: Well, it's a high priority, Anderson, and the answer isn't all armor. Keep in mind when you look at tactics, techniques and procedures, plus you look at keeping people out of certain high- density dangerous places, and we also have brought on-line fairly sophisticated anti-IED measures, electronic jamming equipment and other things, so it's a phalanx of activity we've engaged in. We have about 6,000 as you pointed out. We're moving up to 8,100. Should we move it faster? Of course.

COOPER: The more armor you put on the more mobility you sacrifice and so there are strategic reasons perhaps not to put on armor. Colonel Crowley, doesn't this always happen in war? Jeff Taylor, I read in "Reason" magazine raising an interesting point. "Was it a disgrace or outrage that Americans tankers in Normandy had to cut up German steel obstacles to make hedge-cutting teeth for their tanks. No, it was an inspired response to the insanity of war."

The idea that soldiers are foraging for stuff to put on their vehicles, that's really nothing new in the world of military.

CROWLEY: Not at all, and it is a tribute to the innovation of our soldiers, but it's a manifestation of a larger problem. The fact is we came into Iraq with flawed assumptions regarding how hard it would be, how long it would take, and how many troops we would need, and here we are 21 months later, and we really still haven't gotten ahead of the strategy, and we really still haven't defeated the insurgency. I think this is a manifestation of the lack of planning that entered into our invasion.

MAGINNIS: But last summer we started to talk about this as an insurgency. We didn't anticipate this insurgency the way it's come out, keep in mind, and of course we're being innovative at the same time. We're transforming from eight, ten years of declining defense budgets, where we had to really accept more risk, and then we all of a sudden come to a type of war that we weren't quite prepared for, equipment-wise, nor anticipating the type of insurgency.

COOPER: I don't think anyone would disagree with you on that, not prepared for that.

Lieutenant Colonel Robert Maginnis, always good to have you, and P.J. Crowley, Colonel Crowley, thanks very much as well.

CROWLEY: OK, Anderson.

COOPER: More now from the Pentagon. Remember the soldier who went missing in Iraq and said he had been kidnapped? Well, today officials announced that Marine Corporal Wassef Ali Hassoun will face an Article 32 hearing, now that's the military equivalent of a grand jury hearing, on the charge of desertion, stemming from the incident back in June in which he disappeared. Hassoun was seen in a purported hostage video, and then eventually resurfaced in Lebanon. Strange story, we'll continue to follow that one.

360 next, a former Peterson juror joins us live. We're going to find out if if he believes the verdict will be life or death. The jury reconvening tomorrow.

And in a moment, today's 360 "Challenge." How closely have you been following today's news? Find out 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 shirt.

No. 1, the Department of Defense says armor is being added to how many humvees a month?

No. 2, the judge in the Peterson case has instructed jurors that what should not be a factor in their decision?

And no 3., who's being remembered tonight as one of the greatest metal guitarists that ever lived?

Take the challenge, log on to cnn.com/360, click on the answer link. Answer first, we'll send you the shirt. Find out last night's challenge winner and tonight's answers coming up.

(COMMERCIAL BREAK)

COOPER: Scott Peterson's life is now in the hands of a jury. Tomorrow morning, they're going to be back to deliberate the fate of Scott Peterson. And while we can only guess what they're going to do, we do have some insight in the people making that life and death decision.

Justin Falconer was on the Peterson jury until he was removed over the summer. He joins me from Kansas City. Good to see you, Justin. And joining me from Chicago, jury consultant Paul Lisnek. Paul, good to see you as well.

Paul, you've helped choose juries for death penalty cases. Jurors always swear that they'll be able to vote for a death sentence. When the time actually comes, though, is it a different deal?

PAUL LISNEK, JURY CONSULTANT: You know, this decision, Anderson, is not only important for Scott Peterson. This is probably the most important decision these jurors are going to make in their life, and it is true that one of Geragos' concerns was these people said they could put him to death, then they found him guilty of murder in the first degree. So they are sort of predisposed to being able to do it, but actually pushing that button so to speak at this point is not so easy. They're looking deep inside themselves, deep in their soul, and determining whether they can live with that decision.

COOPER: Justin, when you were picked for the jury, how foremost was this in your mind, that it could be a death penalty case?

JUSTIN FALCONER, DISMISSED PETERSON JUROR: You know, it was there. It was definitely there. That's why I think we, you know, a lot of us, including myself, paid very, very close attention to the evidence. I knew that if they wanted me to put this man to death, that I really, really wanted to pay attention and know for a fact that he was guilty of this crime, and you know, they've obviously come to that point, but I think reality has set in now. I don't think they're going to get much sleep tonight, and hopefully they come up with the right decision.

COOPER: Paul, how closely do you watch the jury in a case like this? I mean, there was a very emotional reaction from jury when Laci Peterson's mom, Sharon Rocha, took the stand. She wept, she yelled. When Scott Peterson's mother, Jackie, took the stand, apparently the jury was pretty much dry-eyed. I mean, does that matter? Do you read anything into that?

LISNEK: You know, actually I do. I mean, jurors, they know they're being watched. They know that people are looking at their reactions, but of course they're also reacting. And they've taken their position, Anderson. When we heard from Sharon Rocha, they've already said their heart goes out to Laci's family. This is where their anger at Scott is in support of Laci and her family. So when Scott's mother gets up, and other players on Scott's side, say, look, he's a good guy, there's a lot to him, he can do a lot for the prisoners in jail, you know, these are people who have already come to believe this guy is a monster, he's a guy that clearly needs to be punished. As I said, the next hurdle is really theirs. Can they live with the decision of putting somebody to death?

Justin never -- Justin sort of was with the case back when they were dealing with the evidentuary phase, of course. He never got to the point of having to get the commitment of guilt here. And that is a very important hurdle that the jurors actually had to overcome and take.

COOPER: Paul Lisnek, always good to talk to you. Justin Falconer as well. I appreciate you being with us tonight. Thanks very much, both of you.

It is a very interesting case, we'll continue to follow it. Tomorrow, we expect some sort of a resolution tomorrow.

It's been a big night tonight on CNN, with some powerful stories. Coming up on "PAULA ZAHN NOW," Paula joins me right now with a preview of what she's covering. Hey, Paula.

PAULA ZAHN, HOST, "PAULA ZAHN NOW": Hi, Anderson. It is a powerful show coming up. We're going to take a look at Westerners, living, working, even dying in a violent world. Danny Pearl, a journalist whose murder was filmed for the world to see. Amy Beal, an idealistic young woman, murdered by the very people she wanted to help. And then of course, CNN's own Jane Arraf, one of the world's bravest women, who lives and works in the most dangerous place on Earth. I think it's not only an intense hour, Anderson, but an unforgettable one.

COOPER: We'll be watching at 8:00. Thanks very much, Paula.

360 next, for a lighter story, a reindeer that came dangerously close to being left out of all those reindeer games. That's right, we'll tell you how surgery, not Santa, surgery, came to his rescue. Maybe a little Botox, too, not sure about that.

(COMMERCIAL BREAK) COOPER: No doubt you know Dasher and Dancer and Prancer and -- well, you know all the others, but you probably don't know anything about Bucky the reindeer. Bucky has become a local favorite here as a Christmas mascot for the Bronx Zoo. Now, the reindeer has a rack that even Santa can love. The only thing is, as CNN's Jeanne Moos reports, it has been enhanced by surgery.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): This isn't Rudolf, it's Bucky, and it's his antler, not his nose that's the problem.

(on camera): He basically snapped off his antler, see? This is his antler.

(voice-over): But since Bucky is the star reindeer at the Bronx Zoo, losing half his rack won't do.

CHILDREN (singing): Bucky the Bronx Zoo reindeer played too much and broke his rack. And if you ever saw it, you would really want it back.

MOOS: And back he got it.

UNIDENTIFIED MALE: Beautiful.

MOOS: Don't worry, it doesn't hurt. Antlers are like fingernails. They drilled a hole, put in threads for a screw and bone glue, then twisted on the antler.

(on camera): After all, the female reindeer like a male with a big rack?

UNIDENTIFIED MALE: They go like this, uh-huh.

MOOS: Nice rack.

(voice-over): Which brings us to Bucky's harem, seven female reindeer.

(on camera): Did the other reindeer used to laugh and call him names?

(voice-over): Nope. And a prosthetic antler sort of reminds us of trying to cover up Rudolf's nose.

UNIDENTIFIED MALE: You'll like it and wear it.

UNIDENTIFIED MALE: Oh, but daddy, it's not very comfortable.

MOOS: True, Bucky is not as agile with his antler, as say, Captain Hook, but he's better off than the dog the Grinch turned into a reindeer.

UNIDENTIFIED CHILD: Does Bucky have any kids?

UNIDENTIFIED MALE: Bucky is a gelding.

UNIDENTIFIED CHILD: What's a gelding?

MOOS (on camera): That means he's...

UNIDENTIFIED MALE: Been castrated.

MOOS: So a lot of good his rack will do him.

(voice-over): And even with his reconstituted rack, Bucky's harem didn't quite live up to the lyrics.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

COOPER: Quite a rack.

A little earlier on 360, you might have noticed something a bit shocking, a naked man showing it all, the full monty. There he is, behind Keith Oppenheim. Keith Oppenheim was reporting on the nightclub shooting in Columbus, Ohio, but frankly I don't really know what he was talking about, because I was transfixed by the streaker.

We have an update for you. We've already gotten a number of e- mails about it. Police quickly moved in and we're told arrested the streaker. And as you can tell by his condition, it was rather cold outside.

360 next, remembering Jerry Scoggins? Who? You don't know the name, but you definitely know the voice. We'll take his musical legacy to "The Nth Degree."

And the 360 "Challenge," here's another look at tonight's questions.

No. 1, the Department of Defense says armor is being added to how many humvees a month?

No. 2, the judge in the Peterson case has instructed jurors that what should not be a factor in their decision?

And no 3., who's being remembered tonight as one of the greatest metal guitarists that ever lived?

Log on to cnn.com/360. Click on the link, the answer link, to play.

(COMMERCIAL BREAK)

COOPER: All right. Time now for the answers to today's 360 "Challenge."

No. 1, the Department of Defense says armor is being added to how many humvees a month? Four hundred and fifty.

No. 2, the judge in the Peterson case has instructed jurors that what should not be a factor in their decision? The answer, sympathy.

And who's being remembered tonight as one of the greatest metal guitarists that ever lived? "Dimebag" Darrell.

The first person to answer all three questions correctly will be sent a 360 shirt. Tune in tomorrow, find out if you're the one. Last night's lucky winner -- or talented winner, quick winner -- Suzanne Schroeder of Rochester, New York. Congratulations. Another 360 "Challenge," another chance to win tomorrow.

Tonight, taking a twangy tune to "The Nth Degree." We thought we should tell you that Jerry Scoggins died the other day yet at the ripe old age of 93. Now, you say you never heard of Jerry Scoggins? Could be, but you certainly heard from him. He's the one singing "The Ballad of Jed Clampett."

(MUSIC)

At the height of its popularity almost 40 years ago, "The Beverly Hillbillies" was the most watched show on television. Sixty million people tuned in every week, and the song Jerry Scoggins sang became as much a part of us as the show's wonderful, over-the-top cartoon characters. You can still see them now almost any time of day or night in reruns on some channel somewhere. You can still see them and you can still hear Jerry Scoggins.

(MUSIC)

Just thought we'd say goodbye and thanks for the song that is twangy, tuneful, fun.

I'm Anderson Cooper. Thanks for watching 360. Coming up next, "PAULA ZAHN NOW."

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