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Anderson Cooper 360 Degrees

Legal Analyst of Michael Jackson Trial; Interview with Helen Fisher

Aired March 09, 2005 - 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: I'm Anderson Cooper.
Here are the top stories at this hour.

In Washington, scientists are examining Mount St. Helens, trying to figure out the origin of a plume of ash and steam that spewed out yesterday. They say it's not necessarily the sign of a future eruption. More on this a little later on 360.

Be thankful spring is around the corner. The average cost of heating oil has reached a record high, $2.09 a gallon. Government blames the price hike on high crude oil prices combined with an East Coast cold snap.

And just minutes ago, Dan Rather signed off for the last time as anchor of the "CBS Evening News," a job he held for 24 years. He thanked his co-workers and viewers, and once again ended his newscast with the word "Courage." Rather, though,is not retiring. He'll continue reporting for "60 Minutes."

More headlines in 15 minutes.

360 starts now.

Is this criminal abuse, or simply bad behavior? A new home video of U.S. soldiers in Iraq raises new questions. Tonight, the pictures, the arguments. And we let you judge for yourself.

Michael Jackson's accuser takes the stand. We'll have the latest from inside the courtroom. And CNN senior legal analyst Jeffrey Toobin weighs in on the attorneys, Mesereau and Sneddon. Who is doing a better job?

A man in a boat overboard, swept through a dam. Tonight, he shares his harrowing story of survival.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And it was twisting me around like a rag doll, and, you know, threw my arms all over the place.

(END VIDEO CLIP)

His near brush with death, caught on tape.

A smile, what does it really mean? Intrigue? Available? Or absolutely nothing? Tonight, a 360 look at how men and women use body language differently, the signs you need to know.

And an alarming new study finds a link between second-hand smoke and breast cancer. Tonight, are smokers around you putting you at risk?

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

COOPER: Hey, good evening. Thanks for joining us.

We begin tonight with a tape, a videotape made by Americans, National Guard troops in Iraq, who now say they wish they had never hit the record button on the camera.

Now, this is not Abu Ghraib, but we should warn you, you may find some of the video disturbing. The tape shows the actions of National Guard unit soldiers on the ground in Iraq. It also shows the stress of being a soldier, the reality of life in war. And as you watch this tape, ask yourself, is what you're seeing really criminal behavior? Is it inappropriate? Or is it entirely understandable?

We don't take sides on this program. We don't tell you how to think. We look at all sides, all the angles, even when some of them are upsetting.

CNN's Susan Candiotti has the tape and the controversy.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): The homemade video obtained by the "Palm Beach Post" shows the kind of things soldiers can be proud of, seizing ammunition, improvised bombs. However, the young soldier who shot it now admits to CNN, other parts, quote, "show us being immature, maybe not handling things in the right manner."

One soldier is seen examining the remains of an Iraqi, he tells CNN, was blown up by a homemade bomb intended for them. The soldier, who declined to appear on camera, says it was just his way of dealing with stress, coping with the horrors of war by using humor. Surreal, he calls it.

CNN consultant retired Army general David Grange says despite stress, soldiers have to think about their actions.

GEN. DAVID GRANGE (RET.), CNN MILITARY ANALYST: I don't think that's something American G.I. needs to do. If you're filming dead bodies to show after action of an event, combat action, that's fine. But then to toy with the bodies, I personally do not agree with that.

CANDIOTTI: The video postcard, called "Ramadi Madness," named for an area rife with insurgents, was meant as a personal wartime reminder for some Florida National Guardsmen. But after a fellow guardsmen questioned it, the Army investigated last summer.

It said the video contained "inappropriate rather than criminal behavior." No one was disciplined. Also on the video, an Iraqi prisoner shot and handcuffed behind his back, is kicked while lying on the ground. A soldier tells CNN the prisoner had just shot at them and was ignoring orders to quiet down.

The ACLU is raising questions about the Army's investigation as part of its ongoing lawsuit questioning the treatment of prisoners in Iraq, Afghanistan, and Guantanamo Bay.

JAMES GREEN, ACLU CONSULTANT: I think what you are looking for is any kind of abuse. The minute you open the door to any kind of abuse, the line between abuse and torture gets blurred.

CANDIOTTI: Yet a psychologist who watched the tape at CNN's request says young soldiers are forced to handle the unthinkable.

DR. WILLIAM DORFMAN, PSYCHOLOGIST: These fellows couldn't walk away from this. This was their job to deal with it. And one way to deal with it is sort of split off all the emotion.

CANDIOTTI: As for the young soldier who shot the video, he tells CNN he's now destroyed all his Iraqi videos, even though the Army told him he's in the clear.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

COOPER: Well, it's a tough thing. As we said, we don't take sides. We try to present differing viewpoints. And it's interesting, because some of you are going to see that video, say, Look, this happens in war, it's regrettable, it's understandable. Others are going to say, These guys went too far.

We'd like to hear from you. What do you think? E-mail us, log onto our Web site, cnn.com/360, click on the Instant Feedback link. We'll air some of the e-mails later on tomorrow.

Police in Tyler, Texas, continue to study security camera video in hopes of understanding what exactly happened outside the courthouse in their town back on February 24. A gunman with an assault rifle shot his ex-wife to death. Later, he was killed by police.

But what we're learning now, however, is that one man, a civilian, helped keep the carnage from being much worse. When the shooting began, he didn't run away, he ran in to help.

Sean Callebs goes beyond the headlines now with the story of a hero.

(BEGIN VIDEOTAPE)

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) County 911.

UNIDENTIFIED FEMALE: Fire shots at the courthouse. UNIDENTIFIED MALE: He's about to shoot somebody.

UNIDENTIFIED FEMALE: He's shooting at the courthouse?

UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) courthouse, yes.

UNIDENTIFIED FEMALE: OK.

(END AUDIO CLIP)

SEAN CALLEBS, CNN CORRESPONDENT (voice-over): Shots fired outside a Tyler, Texas, courthouse.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: He's shooting with a machine gun. They're still shooting.

UNIDENTIFIED MALE: Get down.

UNIDENTIFIED FEMALE: Get away from the window.

(END AUDIO CLIP)

CALLEBS: Sheriff's deputies scramble to respond.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: There's a policeman coming out the back door.

UNIDENTIFIED FEMALE: OK.

UNIDENTIFIED FEMALE: I think one might have been hit. He's on the ground.

(END AUDIO CLIP)

CALLEBS: Police say it's the work of an enraged David Arroyo. who was battling his ex-wife over child custody issues.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: Automatic weapon. He's at the back door shooting at these people.

(END AUDIO CLIP)

CALLEBS: Arroyo, strapped with body armor and brandishing an assault rifle, kills his former wife, shoots his son, and critically wounds a deputy.

By all accounts, the death toll would be greater, but one man without a badge grabbed a gun and ran into the crossfire.

Scott Lieberman now owns an indoor shooting range Mark started and is one of many praising his bravery.

SCOTT LIEBERMAN, LOCK AND LOAD SHOOTING RANGE: People always talk about the fact that there is, you know, this -- the Texas myth, you know, there are Texas legends. I think in Mark Wilson's final act, we serve, you know, the birth of yet another Texas legend.

CALLEBS (on camera): For nearly nine years, this was Mark Wilson's home. Friends said he liked to think of the town square down there as his front yard.

On February 24, he had just finished lunch, when he popped back into his apartment for a quick moment, when the shooting started. He ran into the bedroom, grabbed his .45, left the gun case on the nightstand, and ran downstairs so quickly, he left the front door open.

(voice-over): Witnesses say Wilson, who was licensed to carry a gun, sprinted down the street. He was able to shoot the gunman several times, but David Arroyo, who was wearing a bulletproof vest, was unfazed. Arroyo turned, killed Wilson, then sped away.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: Oh, my God! The other one is running away. They killed him.

(END AUDIO CLIP)

CALLEBS: A short time later, Arroyo died in a shootout with authorities. Police say Mark Wilson's bravery saved lives.

ROBERT LLOYD, FRIEND OF VICTIM: It doesn't surprise he that he would do this. He'd never even think about it. It was automatic. I think Mark had probably played this scenario out in his mind many times. He knew if he ever was confronted with this, he would handle it.

UNIDENTIFIED MALE: One laid down his life for his friends.

CALLEBS: At a memorial for Mark Wilson, it was clear, his stature is gauged by the number of friends he stood tall.

UNIDENTIFIED MALE: Mark would never define himself as a hero.

CALLEBS: I sat down with five of Mark's closest friends at their favorite watering hole.

JIM CARTER, FRIEND OF VICTIM: I know it's happened, but I've come to terms with it. But it's just impossible, absolutely impossible to believe.

JODY HARGIS, FRIEND OF VICTIM: He went out there and did what he did because Mark Wilson is a, he's a hero. That's what, that's how he was built.

CALLEBS: These are buddies who went around the country, racing cars, and frequently went to sunny beaches of Costa Rica, where his friends say, Mark's parents would like his cremated ashes scattered.

HARGIS: So what, we're going to take that urn put a pair of flip-flops on it, pair of sunglasses, and we're going to have a party.

CALLEBS: Between the laughter and tears, Mark's closest friends want it known he wasn't a gun-toting Texas cowboy with a death wish.

Friends who spent so much time here now quietly remove Mark's belongings. For someone who meant so much to so many, they say two simple words just aren't enough.

Sean Callebs, CNN, Tyler, Texas.

(END VIDEOTAPE)

COOPER: Well, there is a lot more to this story. In part two, coming up, shootout in Texas, the gunman was never able to make it into the courthouse. Question is, is security tight enough where you live? You're going to meet one gun-toting judge who says this shootout should serve as a wakeup call for everyone.

Plus, Mount St. Helens spewing smoke and ash. But there's another U.S. volcano that may pose a greater risk to human life. A story you won't see anywhere else. Rudi Bakhtiar has that.

Also tonight, the trial of Michael Jackson. His accuser taking the stand for the first time today. Without a doubt, the most important day of testimony so far. Jeffrey Toobin analyzes what happened.

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

(COMMERCIAL BREAK)

COOPER: We take you back to Tyler, Texas now, where, on the 24th of February, the town square was turned into a war zone. A heavily armed man heads to the courthouse, where armed guards engage him in a fierce gun battle.

Sean Callebs takes us behind the headlines again, shows us what happened inside the courthouse as the battle began.

(BEGIN VIDEOTAPE)

CALLEBS (voice-over): This is Smith County Courthouse surveillance tape, deputies rushing to confront a gunman who has already killed. While the shootout played out in the town square, chaos on the second floor. A capital murder trial interrupted by the unmistakable pop of weapons firing.

UNIDENTIFIED MALE: Get down. Stay down.

CALLEBS: Deputies, guns drawn, prepare for the worst. In the back of the courtroom, Judge Cynthia Stevens Kent is ushered to safety. For the first time in recent years, the judge realizes she has left something important in her car.

JUDGE CYNTHIA STEVENS KENT: I carry a Smith and Wesson .38 revolver. A lot of the judges do carry personal protection. Of course, this is Texas, OK? And in Texas, I'm a Second Amendment gal. I like the revolver.

CALLEBS: On this day, Stevens Kent says it's probably a blessing she chose not to exercise the right to bear arms. She wasn't tempted to get involved.

The judge and sheriff's deputies believe a wealth of officers and building security kept David Arroyo at bay.

UNIDENTIFIED MALE: As officers taking up positions here, if we did not have these measures in place, I believe that Mr. Arroyo would have came inside the courthouse to carry out his plan. And his plan was to inflict as much damage and pain as possible.

CALLEBS: Arroyo killed two and wounded several outside. Bad, and, of course, tragic. But officers say it would have developed into a bloodbath had the gunman entered the courthouse.

(on camera): You can find them at the building entrance, metal detectors, X-ray machines, and security cameras throughout the facility. It all seems so commonplace, almost a necessity in this day and age. Do you think all courthouses have this kind of security?

Well, the answer may surprise you.

STEVENS KENT: I'd say probably 60 percent or more of the courthouses in the country do not have security.

CALLEBS: New cameras, or...

(voice-over): Investigators say this first line of defense paid dividends two weeks ago during a shootout. And it's done a great job of weeding out the number of weapons that could get into the courthouse.

UNIDENTIFIED MALE: I'm surprised someone would walk into a courthouse with something like this.

CALLEBS (on camera): They knew.

UNIDENTIFIED FEMALE: Oh yes.

UNIDENTIFIED MALE: And that's, that could be very damaging.

CALLEBS (voice-over): The security precautions in Tyler have been in place since 1992. They went in after a gunman pulled a weapon in Judge John Hill's courtroom that same year.

UNIDENTIFIED MALE: Hellacious screams, rapid gunfire, words, used by workers inside the old (UNINTELLIGIBLE) County courthouse when shots rang out. UNIDENTIFIED MALE: I said, you know, Was that an explosion? And kind of started to stand up. Well, about that time, I felt a sting in this shoulder right here. And I thought, No, that's not an explosion. I know what that is.

CALLEBS: He was shot by .9-millimeter pistol. Two others in the courtroom died that day.

STEVENS KENT: Taking the defendant to the ground. They pull their gun and keep him secure.

CALLEBS: After watching the drama play out in her town, Judge Stevens Kent has a warning for cities and towns where courthouses remain vulnerable, with no visible security.

STEVENS KENT: It really is a wakeup call for a lot of communities that feel very safe.

CALLEBS: With an automatic weapon, 200 rounds of ammo, officials in Tyler say David Arroyo was ready for war, a battle the killer was able to take to the streets, but not into the halls of justice.

Sean Callebs, CNN, Tyler, Texas.

(END VIDEOTAPE)

COOPER: Well, gas prices on the rise. President Bush responding. Erica Hill now with the day's headlines. Hey, Erica.

ERICA HILL, HEADLINE NEWS: Yes, hey, Anderson, good to see you.

Gas prices definitely on the rise, topping $2 a gallon in many places. A barrel of oil is in the $55 range. But President Bush has no plans to tap the government's strategic oil reserve to bring those oil prices down. On a visit to Ohio, the president cited soaring fuel bills as the reason Congress should support two key planks of his energy plan, clean coal technology, and oil drilling in the Alaskan Arctic. Some congressional Democrats have been calling on him to release some of the oil in the reserve to ease the tight markets.

Former president Clinton isn't letting upcoming surgery keep him off the golf course. Today Clinton teed off with former president George Bush in a charity game in Florida to raise money for tsunami victims. They did hit the green with one new rule, though, at Clinton's request. He said the tournament would, quote, "have a no- laughing rule, which is in effect every time I swing." Clinton is having surgery tomorrow to remove scar tissue that formed after a heart bypass.

A welcome sight in Rome today. Pope John Paul II made an unscheduled appearance at his hospital window. Hundreds of people cheered at the sight of the pontiff. He has been in the hospital for nearly two weeks after undergoing a tracheotomy.

They have at least 14 bullet wounds between them. Now feuding rappers 50 Cent and The Game have decided to put their differences behind them with a truce. The two say they are trying to set a good example for their fans, Anderson.

COOPER: Did you say 50 or fiddy?

HILL: I said 50. But, I mean, look at me...

COOPER: Yes, fiddy.

HILL: ... I'm a white girl from Connecticut. I can't pull it off.

COOPER: Well, you know, don't hate the player, hate the game.

HILL: Ohhh!

COOPER: You know, when -- when -- when the -- when the peace broke out today between 50 Cent and The Game, there was (UNINTELLIGIBLE), Time Square, the news, just erupted. I don't know, did you see this video, Times Square?

HILL: That's amazing. Boy, the kids at TRL are getting old, aren't they?

COOPER: Yes. When the -- when -- when peace broke out between these two, I mean, I'm telling you, New York just shut down, the place just erupted. It's great to see.

HILL: It is. Beautiful thing.

COOPER: That's the crowd noise. All right. Erica, thanks very much.

HILL: Thanks, Anderson.

COOPER: 360 next, an explosion on Mount St. Helens. Tonight, a look at another U.S. volcano that may pose an even greater risk.

Also tonight, Michael Jackson face to face with the young man accusing him of molestation. The kid took the stand today. Most important day of testimony thus far. The question is, will his story hold up?

Also, a little later tonight, this guy sucked underwater by a dam. A man and a woman in this boat. Dramatic rescue is caught on tape. We're going to have the video. What would you do in this situation?

We'll be right back.

(COMMERCIAL BREAK)

COOPER: You're looking at a live picture of Mount St. Helens in Washington state, where steam and ash continue to rise from within the volcano's crater. Scientists, a beautiful picture there. Scientists are monitoring the mountain. For now, they say no reason to fear catastrophic eruption like the one back in 1980. All day, this has been one of the most-viewed stories on CNN.com. 360's Rudi Bakhtiar has an angle on the story you won't see anywhere else. Rudi, what did you find out?

RUDI BAKHTIAR, CNN CORRESPONDENT: Well, Anderson, while a lot of people on the Web were watching Mount St. Helens today, we found out that some geologists are keeping their eye on a nearby mountain that could be a sleeping giant.

(BEGIN VIDEOTAPE)

BAKHTIAR: Soaring nearly 15,000 feet above sea level, Mount Rainier is the tallest mountain in Washington. It's also a massive volcano that casts a large shadow over valleys where more than 100,000 people live. That proximity to the population is what's making geologists concerned.

We spoke to Steve Malone, a seismologist at the University of Washington. And he said sooner or later, Rainier will erupt. Malone says an eruption would trigger massive mudslides from melting ice and snow, and he believes an eruption could be similar to the one on Mount St. Helens back in 1980, when, within seconds, the entire north side of the mountain caved in, and the eruption that followed lasted nine hours, with an energy equal to 27,000 atomic bombs. Fifty-seven people were killed, day turned into night, and the landscape was transformed into a wasteland.

(END VIDEOTAPE)

BAKHTIAR: It's important to add here that Steve Malone himself says he hasn't seen any indications that an eruption is imminent. And according to the National Park Service, Mount Rainier's last major eruption was about 1,000 years ago. But because of its potential for this widespread devastation we were just talking about, Rainier has been designated as one of the 16 volcanoes being regularly monitored.

COOPER: So they monitor this stuff. How much advance warning do they get if something going to blow?

BAKHTIAR: It's fascinating. They use different mechanisms. One is earth's tilt. They use ground tilt. They use amazing devices that look into the earth. And basically...

COOPER: How far in advance do they know?

BAKHTIAR: ... three weeks in advance they can tell...

COOPER: Interesting.

BAKHTIAR: ... based on what they see.

COOPER: Amazing. Live picture there...

BAKHTIAR: There you go.

COOPER: ... from Mount St. Helens. BAKHTIAR: Beautiful.

COOPER: Rudi, thank you very much.

A man in a boat, overboard, swept through a dam. Tonight, he shares his harrowing story of survival.

(BEGIN VIDEO CLIP)

And it was twisting me around like a rag doll, and, you know, threw my arms all over the place.

(END VIDEO CLIP)

COOPER: His near-brush with death caught on tape.

And an alarming new study finds a link between second-hand smoke and breast cancer. Tonight, are smokers around you putting you at risk?

360 continues.

(COMMERCIAL BREAK)

COOPER: It has been two years now since Michael Jackson and his young accuser were together. Today, they met again, face-to-face. Here's a clip of the documentary where it all began for a lot of people. Showing Jackson, the boy, sitting side by side. This afternoon, the boy now 15-years-old, took the witness stand just feet away from Jackson. He had a lot to tell the jury, saying how he had slept in Jackson's room. And how he and his brother looked at Internet porn at the Neverland Ranch.

Jury is going to hear a lot in the coming days and weeks. And he's going to be grilled by Jackson's attorneys. Because it all boiled down to whether or not this kid's testimony holds up. CNN's Senior legal analyst, Jeffrey Toobin, was in the court as the trial began. Is closely following the boys testimony. And he joins me now. The kid's brother did terribly on the stand.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Really, really badly. I mean, I was struck reading the transcript, how many contributions, about important things, too. About how -- whether he saw the actual sexual misconduct. Where he was at the time. Our colleague Ted Rowlands, who was inside of the courtroom, told me that there was laughter at some points in the brother's testimony.

COOPER: Laughter by...

TOOBIN: The jurors.

COOPER: ... the jurors.

TOOBIN: Laughter by the jurors at how many times he contradicted himself about matters large and small. So, I think that only raises the stakes even more for the accuser's testimony (UNINTELLIGIBLE) tomorrow.

COOPER: And it really does all hinge on the kid's testimony today, as well as what happens tomorrow.

TOOBIN: You know, I've talked a lot about the problems in this case, which I think there are substantial problems. But you know, if they believe this kid tomorrow when he gets to the sexual misconduct, case is over, Jackson loses. So that's how big this testimony is.

COOPER: But even if on cross-examination, he's ripped apart. I mean, if his original testimony is strong enough?

TOOBIN: If it's strong enough, that's all the prosecution needs. Because, you know, this is not a circumstantial evidence case. This is a direct evidence case. If you believe that this kid truthfully talked about abuse by Michael Jackson, all the other evidence in the case is irrelevant. So, you know, the stakes are high.

COOPER: If they can come up with the reasons why there were fingerprints on porn magazines, and you know, Michael Jackson says the guy slept in the bed. I mean, it does boil down to -- it all boils down to believability.

TOOBIN: It is believability. And this is such a challenge for the prosecution -- for the defense. How do you cross-examine a kid who's had a 16-pound tumor removed from his stomach? You know, how do you cross-examine a 15-year-old which is what he is now? You know, jury is going to be sympathetic to him at one level. I think Mesereau proved in cross-examining the brother that he knows how to do this in a firm, but polite way. It's going to be even tougher with the accuser.

COOPER: Mesereau is clearly earning his fee. I mean, he is doing an excellent job.

TOOBIN: And it all shows preparation. The resources that they've had to look at all the different stories that -- that have been told. It's really yet another story about, if you have the resources to prepare for trial and a good lawyer, it makes an enormous difference.

COOPER: And against Sneddon, who -- I mean, we saw that press conference he gave at the start of all of this, is he the right guy for this? I mean, is he up for this?

TOOBIN: He gave a very weak opening statement. He showed that he is not used to being in the courtroom. And...

COOPER: He's not used to being in the courtroom?

TOOBIN: No. He's the boss of that office.

COOPER: Could he have stepped aside. I mean...

TOOBIN: Absolutely. And there are other lawyers in the courtroom working with him, but Sneddon -- Sneddon is clearly the top guy. But all of the mistakes don't matter if this kid is believable on the witness stand tomorrow. That's how important it is.

COOPER: How long does he stay on the witness stand? I mean, do you think (UNINTELLIGIBLE) -- because this thing is moving very quickly.

TOOBIN: You know, Mesereau has not cross-examined people for days and days. He had about a day of cross-examination with the brother. I anticipate the direct testimony will take up most of tomorrow. There's no court on Friday. But I imagine Mesereau will spend maybe Monday and Tuesday with the boy. And they'll be on to other witnesses by the middle of next week.

COOPER: But if Mesereau ripped him apart on the stand, shows lots of inaccuracies, inconsistencies, no amount of prosecution case after that can really make up for it.

TOOBIN: That is it. If they don't believe him, all over.

COOPER: All right, Jeffrey Toobin, thanks very much. We'll be watching.

Coming up next on 360, trouble on the water. A boat sucked into a dam. The question is, what would you do in a situation like this? Find out how one man and woman survived.

Also ahead tonight, why are there so many misunderstandings between men and women? He says, she says, the body language. We're going to take a look at that. Part of our special week-long series on the real differences of men and women.

And little bit later tonight, new research suggesting second-hand smoke causes breast cancer? 360 M.D. Sanjay Gupta with what you need to know.

(COMMERCIAL BREAK)

COOPER: Well, to say the least, it was not a perfect ending for Monday night out on Texas Lake Austin. The security camera captures a women stuck on top of a boat getting dangerously close to being crushed by a dam, in fast moving water. She doesn't know the fate of her companion who disappeared under the water. At this point, all that separates life and death is some quick thinking and a little bit of luck.

Heidi Collins takes up the story from there.

(BEGIN VIDEOTAPE)

HEIDI COLLINS, CNN CORRESPONDENT (voice-over): It all happened very fast. Watch as Monica Barnes literally clings for her life. Rescue workers frantically try to pull her out to safety before it's too late. The boat she was riding in is getting sucked into the floodgates a Lake Austin dam. A few minutes later, the boat is gone, and so is Dirk Hoekstra, Barnes' companion. He fell overboard and got sucked through the 60 foot floodgates, but amazingly he survived. DIRK HOEKSTRA, SURVIVOR: I barely got a good breath in right before I went down. And I just held on my breath and pretty much all that kept going through my mind was, just I didn't get want to get stuck anywhere, you know. It was twisting me around like a rag doll and threw my arms all over the place. And I just keeps flipping from whirlpool to whirlpool.

COLLINS: A few minutes later and a half a mile a way, he finally reached the shore safely. It all happened Monday night, Hoekstra and Barnes were waiting for their boat trailer near the dam when suddenly the boat's engage quit.

HOEKSTRA: The current whipped the boat 180, and slammed it into the floodgate, crushing the back of the boat. And we took on quite a bit of water and that's when we both fell back there. I pushed her up to the top and told her to grab onto whatever she could and get as far as up she could. And about a second later is when my feet got sucked in by the watergate, and that's when I went through.

(END VIDEOTAPE)

COLLINS: And as you look at those pictures, unbelievable how powerful that force of water is. In fact, Anderson, take a look at this. We have a shot now of what left after the boat after it went through. A 14 by 20 inch piece of wood, part of what was apparently the seat cushion.

COOPER: That's all that's left?

COLLINS: That's all that's left. And remember, this was a 16 foot boat, a vintage boat in fact, that Dirk Hoekstra's father built himself.

So how Hoekstra made it through himself is incredible. And he only suffered minor injuries.

COOPER: Amazing. Very, very lucky man.

360 next, when he walks the walk, his body talks. What does your body language say about you. And what do you think the president's body language says about him? Part of our special week-long series on the differences between men and women. And how women interpret the body differently.

Also, tonight an alarming new study suggest the link between breast cancer and second-hand smoke. The question is, are you at risk? We'll talk to Dr. Sanjay Gupta later about that.

And a little later, Martha Stewart taking the good with the bad after release with prison. Maybe she wants to go back to prison. We'll tell you that, to the Nth Degree.

(COMMERCIAL BREAK)

COOPER: It was a particularly bloody day today in Iraq. Here with more on that and the rest of the evening's top stories is Erica Hill from Headline News. Hey, Erica.

ERICA HILL, CNN HEADLINES NEWS ANCHOR: Hey, Anderson.

We begin in Iraq tonight where Iraqi police found some 26 body, all shot execution style in a village near the Iraqi-Syrian border. The bodies were discovered just one day after 15 other headless corpses were found in an empty military warehouse south of Baghdad.

Other attacks today in the Iraqi capital killed at least 5 people. In one incident, a suicide bomber drove a garbage truck into a court yard near the Ministry of Agriculture.

Some of the biggest names of baseball are headed to Capitol Hill. Seven current, or former Major League players, were subpoenaed today to testify next week before a congressional committee investigating baseball's steroid policy. Now among them, Mark McGwire, Jason Giambi, Jose Canseco, Curt Schilling and Sammy Sosa. But get this not Barry Bonds. A House spokesman says officials don't want the hearing to be about Bonds and whether he has used steroids.

A small community in the Philippines is grieving after about 30 elementary schoolchildren died from food poisoning. Authorities say the kids got sick at school after eating a snack made of Cassava, that's a root which can be toxic it's not cooked properly.

Dozens of kids are in critical condition. The vendor who sold the snacks insisted nothing was wrong with them and eat a few to prove it, but now she too is in critical condition.

Look for another reason to dislike cockroaches, because you need one? Try asthma. A major study confirms cockroaches play the leading role in triggering asthma in kids beating out things like dust mites and even Fluffy. The worst place for the allergic effect of cockroaches turned out to be high-rise apartments.

I don't know about high-rise office buildings, Anderson, but I would be careful.

COOPER: Did we need to see the pictures of the cockroaches?

HILL: Aren't they nasty to look at?

COOPER: I don't know if you happen to know, but I actually have a phobia about cockroaches.

HILL: I don't like bugs period but that's just me.

By the way, I just have to say, I noticed there was a little bit of the AC-360 band there underneath the cut in to the Headline News studio.

COOPER: Yeah. We put the AC-360 band in there. To keep it rocking in the free world.

All right. Erica, thanks very much.

Erica's going to be back in about 30 minutes with another news update.

Now, the next time you want to tell someone something important. Consider this, your body language actually speaks louder than your words. Researchers say that 55 percent of the way we communicate is through body language. 38 percent is through the tone of voice and only 7 percent of our intentions and our feels are communicated through words. And just like with word, men and women often misunderstand each other's body language.

Tonight, we take a look at body talk between men and women, all part our special series "Of Two Minds." I recently talked with renowned anthropologist Helen Fisher, author of "Why We Love: The Nature and Chemistry of Romantic Love." She explained why the he said/she said nature of body language can cause a lot of problems. Listen.

(BEGIN VIDEOTAPE)

COOPER: A lot has already been said about how men and women communicate with their language differently. But in terms of body language, is it interpreted differently by men and women?

HELEN FISHER, ANTHROPOLOGIST: Yes, it is. Women are better at reading body language everywhere in the world. As a matter of fact, it's associated with the female hormone estrogen. Women are better at figuring out of tone of voice, reading your face and posture and gesture. But men...

COOPER: Why would that be? Can men read other people, I guess not as well as women?

FISHER: Well, don't forget, these are all averages. Some men who are superb and some women who are absolutely dreadful. But one thing that men are good at is pick up all kinds of sexual cues . As a matter of fact, they read into women's postures and gestures all kinds of sexual cues that are not there.

A woman will toss her head and a man will say, oh she's trying to pick me up, when in fact she's not doing that at all. So, women actually have to be a little careful with what they do, because men will pick up things that they didn't mean.

COOPER: We have some video of several different people walking. Let's play it and talk about the various walks.

Here's President Bush. What do you see?

FISHER: There he is. Absolutely -- the very open, long stride. He should probably pick his head up just a little bit more. Maybe that's a slight submissive gesture to be loved. But the -- he's perfect. He could have been doing that four million years ago and he would have been popular then, too.

COOPER: Hillary Clinton here.

FISHER: It's a shorter stride and that's sort of more -- of course the smiling is making up for it. But if she swung her arms and if she opened -- if she made a longer stride, she would probably be regarded as even more effective, not quite as quite a long stride there. She's doing quite well. And she is very effective.

COOPER: And there's the...

FISHER: Here's the shorter stride.

COOPER: I find these strides like when you're on the talk show or something like this the most awkward. Because you're totally self- conscious about how you are walking.

FISHER: I know. When people tell you to walk a certain way it's like not thinking of a purple tomato. You can't not do it. I agree with you.

COOPER: There's me walking. There's me strutting my stuff.

FISHER: Oh, you're not too bad. The hand in the pocket, by the way, is part of the very open gesture. You know, we've got two basic postural messages in the animal world. One is the crouch and the other is the loom, looking better -- looking big. And when you have got your hand in your pocket like that you're giving a little bit of that loom.

COOPER: A loom?

FISHER: It's looming up. Looking dominant.

COOPER: Let's talk about business meetings. When a man is running a business meeting, is it different than when a woman is running a business meeting?

FISHER: Well, a man in a business meeting will not only take the more dominant position. One that's more dominant than he -- belongs to him, but he'll also spread out a big territory. And he'll set up a space. And then they'll will move their hands. In fact, a man will put his arm in front of the woman sitting right next to him. Because he's not only expressing rank but he's -- men have less skill with peripheral vision. They don't see as well in their peripheral vision.

COOPER: So men don't realize that would be irritating...

FISHER: Right, and she's really pissed off. And of course, when she says, "please remove your hand," he thinks she's petty.

Because men live in this world of rank and display rank and falling off of rank and going down in rank and going up in rank. Where as women live in a world of connection. And so they're very careful with ascribing the right thing to the right person and connecting everybody. So, they don't want to display signs of rank.

COOPER: So, how can people in the work place use this knowledge about body languages and the differences in how we interpret it to their advantage? FISHER: I think that we all can. You've got to remember, that men are men, and women are women. And although a lot of similarities, there are some real differences. So, probably when the men takes the most high-ranking seat, forgive him for it. And the next time get in the room sooner and take it yourself. You know, men don't take it amiss if you pull rank on them. It's called dominance matching. A man will keep on egging you to fight back. And women always want to be -- a level of the playing field, as I said, to make people feel comfortable. But they should fight back. The man will respect her.

COOPER: It's fascinating. Fascinating way to look at things.

Helen Fisher, thank you.

COOPER: Thank you.

(END VIDEOTAPE)

COOPER: Tomorrow night, we continue our series "Of Two Minds" the differences between men and women. We're going to look at the humor gap between men and women. And Friday, blame it on hormones. Male menopause and men's mid life crisis. All of that ahead.

Tonight, though, there is alarming new findings out of California. Women may be greatly increasing their chances of getting breast cancer by simply walking into a smoky room. A group of scientists have linked the killing disease second-hand smoke.

360 M.D. Dr. Sanjay Gupta has more on the study.

What specificly does the study tell us?

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: Well, specifically trying to draw a cause and effect relationship between second-hand smoke and breast cancer. That's never been done before. No one disputes the fact that secondhand smoke is bad for you in so many ways. But actually, finding that link is the first time they've been able to do that. It's saying it could increase your risk up to 90 percent. So, you can imagine a lot of people sort of concerned about that.

COOPER: What is it specificly about secondhand smoke and breast cancer? Why that type of cancer?

GUPTA: Yes, you know, it's interesting because lung cancer is the more obvious thing, right? I mean, people smoke or they inhale secondhand smoke, get that lung cancer. That's been proven, you know, 3,000 deaths a year due to that every year. With breast cancer, they actually find, you know, there are 4,000 chemicals in smoke.

It's called side stream smoke, it comes off of the end of your cigarette, and mainstream if it comes out of your mouth. About 4,000 chemicals, and they've found those chemicals now in the breast tissue of animals. And they're starting to make the leap here, saying if it's getting into the breast tissue of animals, it's probably getting into the breast tissue of human, as well. And that's the problem. COOPER: And active smoking vs. secondhand smoking, in this case, secondhand smoke is actually worse for you?

GUPTA: I find this so interesting.

COOPER: Yes, I don't get that.

GUPTA: It's kind of bizarre. And again, I don't want anybody to take out of this that active smoking is good for you, because it's not. But what seems to happen here is that people who -- women who actively smoke are actually suppressing their estrogen. And estrogen is a necessary fuel, a necessary hormone...

(CROSSTALK)

COOPER: Something about what their sucking in, it's suppressing estrogen.

GUPTA: The actual active smoking is actually suppressing the estrogen. When you breathe in the secondhand smoke, so, you're just getting the bad stuff. The estrogen is still there. And that can cause the rise of the breast cancer.

COOPER: It's unbelievable that would be worse almost than...

GUPTA: And again, don't want anyone to say listen...

COOPER: At least for breast cancer their talking about?

GUPTA: For breast cancer, right. For lung cancer active smoking is still worst for asthmatic and children, still worst to actively smoke. So, it's an important message to keep in mind. Obviously, the tobacco industry thinks that this isn't true. They say there's a lot of studies out there that don't show a link. The American Cancer Society, the National Cancer Institute, we talked to all of them today. They say, listen we've got to examine this data. It's going to be big study if it comes out to be true.

COOPER: All right, covering all the angles, Dr. Sanjay Gupta, thanks. Appreciate it.

360, next, Martha Stewart out of jail. That's good news for her certainly, but she's facing bad news, as well, about the business. Maybe she wants to go back it jail. We're going to take that to "The Nth Degree."

(COMMERCIAL BREAK)

COOPER: That's right, time to check some viewer e-mail. We got a lot about "The Nth Degree." In which we observed that all the critical comments about Dan Rather by a CBS colleague seemed kind of mean. Let's take a look at some of them.

Edith from Cupertino, California writes, "How refreshing it was to hear your "Nth Degree" commentary on Dan Rather. While many others in your field took to bashing and thrashing Mr. Rather, you presented another side."

Virginia from Panama City, Florida, "I'm really happy that Walter Cronkite lived to see this day. You're too young to remember, so please check it out. Dan Rather pushed Walter Cronkite out very unceremoniously."

And J.G. from Quincy, Illinois, concludes with this, "Dan Rather pop a cork. Rather Dan cork a pop."

Tomorrow night, we will broadcast the entire 360 show in haiku. Maybe a little (UNINTELLIGIBLE), just to mix things up. Keep it real.

Got something on your mind, send us an e-mail, cnn.com/360. Click on the instant feedback link.

Tonight taking the whole good news/bad news thing to "The Nth Degree." Being if prison is a bad thing, right, of course it is. On the other hand, the whole time Martha Stewart was, shall we say, away, the value of shares in her business rose. And freedom is a good thing, right? Well, sure. But ever since Ms. Stewart's been out of the big house, those shares of hers have declined in value. Did that again today.

This makes for quite a dilemma. A business woman as astute as Martha Stewart has surely noticed this trend, and must now be asking herself, OK, for the good of the company, do I have to get myself sent back to the slammer? And them question is, how?

If she were really at liberty, she could simply run some red lights or chuck a brick through a plate glass window and be dragged off for disorderly conduct. But she's confined to that rolling estate of hers, her mansion. How is she going it attract the attention of cops up there? Play music loud enough to anger the neighbors, they're miles away. And you can't get arrested for failing to curry comb the horses. The only song turns out to be right, freedom is just another word for nothing left it lose.

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 March 9, 2005 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDERSON COOPER, HOST: I'm Anderson Cooper.
Here are the top stories at this hour.

In Washington, scientists are examining Mount St. Helens, trying to figure out the origin of a plume of ash and steam that spewed out yesterday. They say it's not necessarily the sign of a future eruption. More on this a little later on 360.

Be thankful spring is around the corner. The average cost of heating oil has reached a record high, $2.09 a gallon. Government blames the price hike on high crude oil prices combined with an East Coast cold snap.

And just minutes ago, Dan Rather signed off for the last time as anchor of the "CBS Evening News," a job he held for 24 years. He thanked his co-workers and viewers, and once again ended his newscast with the word "Courage." Rather, though,is not retiring. He'll continue reporting for "60 Minutes."

More headlines in 15 minutes.

360 starts now.

Is this criminal abuse, or simply bad behavior? A new home video of U.S. soldiers in Iraq raises new questions. Tonight, the pictures, the arguments. And we let you judge for yourself.

Michael Jackson's accuser takes the stand. We'll have the latest from inside the courtroom. And CNN senior legal analyst Jeffrey Toobin weighs in on the attorneys, Mesereau and Sneddon. Who is doing a better job?

A man in a boat overboard, swept through a dam. Tonight, he shares his harrowing story of survival.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And it was twisting me around like a rag doll, and, you know, threw my arms all over the place.

(END VIDEO CLIP)

His near brush with death, caught on tape.

A smile, what does it really mean? Intrigue? Available? Or absolutely nothing? Tonight, a 360 look at how men and women use body language differently, the signs you need to know.

And an alarming new study finds a link between second-hand smoke and breast cancer. Tonight, are smokers around you putting you at risk?

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

COOPER: Hey, good evening. Thanks for joining us.

We begin tonight with a tape, a videotape made by Americans, National Guard troops in Iraq, who now say they wish they had never hit the record button on the camera.

Now, this is not Abu Ghraib, but we should warn you, you may find some of the video disturbing. The tape shows the actions of National Guard unit soldiers on the ground in Iraq. It also shows the stress of being a soldier, the reality of life in war. And as you watch this tape, ask yourself, is what you're seeing really criminal behavior? Is it inappropriate? Or is it entirely understandable?

We don't take sides on this program. We don't tell you how to think. We look at all sides, all the angles, even when some of them are upsetting.

CNN's Susan Candiotti has the tape and the controversy.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): The homemade video obtained by the "Palm Beach Post" shows the kind of things soldiers can be proud of, seizing ammunition, improvised bombs. However, the young soldier who shot it now admits to CNN, other parts, quote, "show us being immature, maybe not handling things in the right manner."

One soldier is seen examining the remains of an Iraqi, he tells CNN, was blown up by a homemade bomb intended for them. The soldier, who declined to appear on camera, says it was just his way of dealing with stress, coping with the horrors of war by using humor. Surreal, he calls it.

CNN consultant retired Army general David Grange says despite stress, soldiers have to think about their actions.

GEN. DAVID GRANGE (RET.), CNN MILITARY ANALYST: I don't think that's something American G.I. needs to do. If you're filming dead bodies to show after action of an event, combat action, that's fine. But then to toy with the bodies, I personally do not agree with that.

CANDIOTTI: The video postcard, called "Ramadi Madness," named for an area rife with insurgents, was meant as a personal wartime reminder for some Florida National Guardsmen. But after a fellow guardsmen questioned it, the Army investigated last summer.

It said the video contained "inappropriate rather than criminal behavior." No one was disciplined. Also on the video, an Iraqi prisoner shot and handcuffed behind his back, is kicked while lying on the ground. A soldier tells CNN the prisoner had just shot at them and was ignoring orders to quiet down.

The ACLU is raising questions about the Army's investigation as part of its ongoing lawsuit questioning the treatment of prisoners in Iraq, Afghanistan, and Guantanamo Bay.

JAMES GREEN, ACLU CONSULTANT: I think what you are looking for is any kind of abuse. The minute you open the door to any kind of abuse, the line between abuse and torture gets blurred.

CANDIOTTI: Yet a psychologist who watched the tape at CNN's request says young soldiers are forced to handle the unthinkable.

DR. WILLIAM DORFMAN, PSYCHOLOGIST: These fellows couldn't walk away from this. This was their job to deal with it. And one way to deal with it is sort of split off all the emotion.

CANDIOTTI: As for the young soldier who shot the video, he tells CNN he's now destroyed all his Iraqi videos, even though the Army told him he's in the clear.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

COOPER: Well, it's a tough thing. As we said, we don't take sides. We try to present differing viewpoints. And it's interesting, because some of you are going to see that video, say, Look, this happens in war, it's regrettable, it's understandable. Others are going to say, These guys went too far.

We'd like to hear from you. What do you think? E-mail us, log onto our Web site, cnn.com/360, click on the Instant Feedback link. We'll air some of the e-mails later on tomorrow.

Police in Tyler, Texas, continue to study security camera video in hopes of understanding what exactly happened outside the courthouse in their town back on February 24. A gunman with an assault rifle shot his ex-wife to death. Later, he was killed by police.

But what we're learning now, however, is that one man, a civilian, helped keep the carnage from being much worse. When the shooting began, he didn't run away, he ran in to help.

Sean Callebs goes beyond the headlines now with the story of a hero.

(BEGIN VIDEOTAPE)

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) County 911.

UNIDENTIFIED FEMALE: Fire shots at the courthouse. UNIDENTIFIED MALE: He's about to shoot somebody.

UNIDENTIFIED FEMALE: He's shooting at the courthouse?

UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) courthouse, yes.

UNIDENTIFIED FEMALE: OK.

(END AUDIO CLIP)

SEAN CALLEBS, CNN CORRESPONDENT (voice-over): Shots fired outside a Tyler, Texas, courthouse.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: He's shooting with a machine gun. They're still shooting.

UNIDENTIFIED MALE: Get down.

UNIDENTIFIED FEMALE: Get away from the window.

(END AUDIO CLIP)

CALLEBS: Sheriff's deputies scramble to respond.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: There's a policeman coming out the back door.

UNIDENTIFIED FEMALE: OK.

UNIDENTIFIED FEMALE: I think one might have been hit. He's on the ground.

(END AUDIO CLIP)

CALLEBS: Police say it's the work of an enraged David Arroyo. who was battling his ex-wife over child custody issues.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: Automatic weapon. He's at the back door shooting at these people.

(END AUDIO CLIP)

CALLEBS: Arroyo, strapped with body armor and brandishing an assault rifle, kills his former wife, shoots his son, and critically wounds a deputy.

By all accounts, the death toll would be greater, but one man without a badge grabbed a gun and ran into the crossfire.

Scott Lieberman now owns an indoor shooting range Mark started and is one of many praising his bravery.

SCOTT LIEBERMAN, LOCK AND LOAD SHOOTING RANGE: People always talk about the fact that there is, you know, this -- the Texas myth, you know, there are Texas legends. I think in Mark Wilson's final act, we serve, you know, the birth of yet another Texas legend.

CALLEBS (on camera): For nearly nine years, this was Mark Wilson's home. Friends said he liked to think of the town square down there as his front yard.

On February 24, he had just finished lunch, when he popped back into his apartment for a quick moment, when the shooting started. He ran into the bedroom, grabbed his .45, left the gun case on the nightstand, and ran downstairs so quickly, he left the front door open.

(voice-over): Witnesses say Wilson, who was licensed to carry a gun, sprinted down the street. He was able to shoot the gunman several times, but David Arroyo, who was wearing a bulletproof vest, was unfazed. Arroyo turned, killed Wilson, then sped away.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: Oh, my God! The other one is running away. They killed him.

(END AUDIO CLIP)

CALLEBS: A short time later, Arroyo died in a shootout with authorities. Police say Mark Wilson's bravery saved lives.

ROBERT LLOYD, FRIEND OF VICTIM: It doesn't surprise he that he would do this. He'd never even think about it. It was automatic. I think Mark had probably played this scenario out in his mind many times. He knew if he ever was confronted with this, he would handle it.

UNIDENTIFIED MALE: One laid down his life for his friends.

CALLEBS: At a memorial for Mark Wilson, it was clear, his stature is gauged by the number of friends he stood tall.

UNIDENTIFIED MALE: Mark would never define himself as a hero.

CALLEBS: I sat down with five of Mark's closest friends at their favorite watering hole.

JIM CARTER, FRIEND OF VICTIM: I know it's happened, but I've come to terms with it. But it's just impossible, absolutely impossible to believe.

JODY HARGIS, FRIEND OF VICTIM: He went out there and did what he did because Mark Wilson is a, he's a hero. That's what, that's how he was built.

CALLEBS: These are buddies who went around the country, racing cars, and frequently went to sunny beaches of Costa Rica, where his friends say, Mark's parents would like his cremated ashes scattered.

HARGIS: So what, we're going to take that urn put a pair of flip-flops on it, pair of sunglasses, and we're going to have a party.

CALLEBS: Between the laughter and tears, Mark's closest friends want it known he wasn't a gun-toting Texas cowboy with a death wish.

Friends who spent so much time here now quietly remove Mark's belongings. For someone who meant so much to so many, they say two simple words just aren't enough.

Sean Callebs, CNN, Tyler, Texas.

(END VIDEOTAPE)

COOPER: Well, there is a lot more to this story. In part two, coming up, shootout in Texas, the gunman was never able to make it into the courthouse. Question is, is security tight enough where you live? You're going to meet one gun-toting judge who says this shootout should serve as a wakeup call for everyone.

Plus, Mount St. Helens spewing smoke and ash. But there's another U.S. volcano that may pose a greater risk to human life. A story you won't see anywhere else. Rudi Bakhtiar has that.

Also tonight, the trial of Michael Jackson. His accuser taking the stand for the first time today. Without a doubt, the most important day of testimony so far. Jeffrey Toobin analyzes what happened.

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

(COMMERCIAL BREAK)

COOPER: We take you back to Tyler, Texas now, where, on the 24th of February, the town square was turned into a war zone. A heavily armed man heads to the courthouse, where armed guards engage him in a fierce gun battle.

Sean Callebs takes us behind the headlines again, shows us what happened inside the courthouse as the battle began.

(BEGIN VIDEOTAPE)

CALLEBS (voice-over): This is Smith County Courthouse surveillance tape, deputies rushing to confront a gunman who has already killed. While the shootout played out in the town square, chaos on the second floor. A capital murder trial interrupted by the unmistakable pop of weapons firing.

UNIDENTIFIED MALE: Get down. Stay down.

CALLEBS: Deputies, guns drawn, prepare for the worst. In the back of the courtroom, Judge Cynthia Stevens Kent is ushered to safety. For the first time in recent years, the judge realizes she has left something important in her car.

JUDGE CYNTHIA STEVENS KENT: I carry a Smith and Wesson .38 revolver. A lot of the judges do carry personal protection. Of course, this is Texas, OK? And in Texas, I'm a Second Amendment gal. I like the revolver.

CALLEBS: On this day, Stevens Kent says it's probably a blessing she chose not to exercise the right to bear arms. She wasn't tempted to get involved.

The judge and sheriff's deputies believe a wealth of officers and building security kept David Arroyo at bay.

UNIDENTIFIED MALE: As officers taking up positions here, if we did not have these measures in place, I believe that Mr. Arroyo would have came inside the courthouse to carry out his plan. And his plan was to inflict as much damage and pain as possible.

CALLEBS: Arroyo killed two and wounded several outside. Bad, and, of course, tragic. But officers say it would have developed into a bloodbath had the gunman entered the courthouse.

(on camera): You can find them at the building entrance, metal detectors, X-ray machines, and security cameras throughout the facility. It all seems so commonplace, almost a necessity in this day and age. Do you think all courthouses have this kind of security?

Well, the answer may surprise you.

STEVENS KENT: I'd say probably 60 percent or more of the courthouses in the country do not have security.

CALLEBS: New cameras, or...

(voice-over): Investigators say this first line of defense paid dividends two weeks ago during a shootout. And it's done a great job of weeding out the number of weapons that could get into the courthouse.

UNIDENTIFIED MALE: I'm surprised someone would walk into a courthouse with something like this.

CALLEBS (on camera): They knew.

UNIDENTIFIED FEMALE: Oh yes.

UNIDENTIFIED MALE: And that's, that could be very damaging.

CALLEBS (voice-over): The security precautions in Tyler have been in place since 1992. They went in after a gunman pulled a weapon in Judge John Hill's courtroom that same year.

UNIDENTIFIED MALE: Hellacious screams, rapid gunfire, words, used by workers inside the old (UNINTELLIGIBLE) County courthouse when shots rang out. UNIDENTIFIED MALE: I said, you know, Was that an explosion? And kind of started to stand up. Well, about that time, I felt a sting in this shoulder right here. And I thought, No, that's not an explosion. I know what that is.

CALLEBS: He was shot by .9-millimeter pistol. Two others in the courtroom died that day.

STEVENS KENT: Taking the defendant to the ground. They pull their gun and keep him secure.

CALLEBS: After watching the drama play out in her town, Judge Stevens Kent has a warning for cities and towns where courthouses remain vulnerable, with no visible security.

STEVENS KENT: It really is a wakeup call for a lot of communities that feel very safe.

CALLEBS: With an automatic weapon, 200 rounds of ammo, officials in Tyler say David Arroyo was ready for war, a battle the killer was able to take to the streets, but not into the halls of justice.

Sean Callebs, CNN, Tyler, Texas.

(END VIDEOTAPE)

COOPER: Well, gas prices on the rise. President Bush responding. Erica Hill now with the day's headlines. Hey, Erica.

ERICA HILL, HEADLINE NEWS: Yes, hey, Anderson, good to see you.

Gas prices definitely on the rise, topping $2 a gallon in many places. A barrel of oil is in the $55 range. But President Bush has no plans to tap the government's strategic oil reserve to bring those oil prices down. On a visit to Ohio, the president cited soaring fuel bills as the reason Congress should support two key planks of his energy plan, clean coal technology, and oil drilling in the Alaskan Arctic. Some congressional Democrats have been calling on him to release some of the oil in the reserve to ease the tight markets.

Former president Clinton isn't letting upcoming surgery keep him off the golf course. Today Clinton teed off with former president George Bush in a charity game in Florida to raise money for tsunami victims. They did hit the green with one new rule, though, at Clinton's request. He said the tournament would, quote, "have a no- laughing rule, which is in effect every time I swing." Clinton is having surgery tomorrow to remove scar tissue that formed after a heart bypass.

A welcome sight in Rome today. Pope John Paul II made an unscheduled appearance at his hospital window. Hundreds of people cheered at the sight of the pontiff. He has been in the hospital for nearly two weeks after undergoing a tracheotomy.

They have at least 14 bullet wounds between them. Now feuding rappers 50 Cent and The Game have decided to put their differences behind them with a truce. The two say they are trying to set a good example for their fans, Anderson.

COOPER: Did you say 50 or fiddy?

HILL: I said 50. But, I mean, look at me...

COOPER: Yes, fiddy.

HILL: ... I'm a white girl from Connecticut. I can't pull it off.

COOPER: Well, you know, don't hate the player, hate the game.

HILL: Ohhh!

COOPER: You know, when -- when -- when the -- when the peace broke out today between 50 Cent and The Game, there was (UNINTELLIGIBLE), Time Square, the news, just erupted. I don't know, did you see this video, Times Square?

HILL: That's amazing. Boy, the kids at TRL are getting old, aren't they?

COOPER: Yes. When the -- when -- when peace broke out between these two, I mean, I'm telling you, New York just shut down, the place just erupted. It's great to see.

HILL: It is. Beautiful thing.

COOPER: That's the crowd noise. All right. Erica, thanks very much.

HILL: Thanks, Anderson.

COOPER: 360 next, an explosion on Mount St. Helens. Tonight, a look at another U.S. volcano that may pose an even greater risk.

Also tonight, Michael Jackson face to face with the young man accusing him of molestation. The kid took the stand today. Most important day of testimony thus far. The question is, will his story hold up?

Also, a little later tonight, this guy sucked underwater by a dam. A man and a woman in this boat. Dramatic rescue is caught on tape. We're going to have the video. What would you do in this situation?

We'll be right back.

(COMMERCIAL BREAK)

COOPER: You're looking at a live picture of Mount St. Helens in Washington state, where steam and ash continue to rise from within the volcano's crater. Scientists, a beautiful picture there. Scientists are monitoring the mountain. For now, they say no reason to fear catastrophic eruption like the one back in 1980. All day, this has been one of the most-viewed stories on CNN.com. 360's Rudi Bakhtiar has an angle on the story you won't see anywhere else. Rudi, what did you find out?

RUDI BAKHTIAR, CNN CORRESPONDENT: Well, Anderson, while a lot of people on the Web were watching Mount St. Helens today, we found out that some geologists are keeping their eye on a nearby mountain that could be a sleeping giant.

(BEGIN VIDEOTAPE)

BAKHTIAR: Soaring nearly 15,000 feet above sea level, Mount Rainier is the tallest mountain in Washington. It's also a massive volcano that casts a large shadow over valleys where more than 100,000 people live. That proximity to the population is what's making geologists concerned.

We spoke to Steve Malone, a seismologist at the University of Washington. And he said sooner or later, Rainier will erupt. Malone says an eruption would trigger massive mudslides from melting ice and snow, and he believes an eruption could be similar to the one on Mount St. Helens back in 1980, when, within seconds, the entire north side of the mountain caved in, and the eruption that followed lasted nine hours, with an energy equal to 27,000 atomic bombs. Fifty-seven people were killed, day turned into night, and the landscape was transformed into a wasteland.

(END VIDEOTAPE)

BAKHTIAR: It's important to add here that Steve Malone himself says he hasn't seen any indications that an eruption is imminent. And according to the National Park Service, Mount Rainier's last major eruption was about 1,000 years ago. But because of its potential for this widespread devastation we were just talking about, Rainier has been designated as one of the 16 volcanoes being regularly monitored.

COOPER: So they monitor this stuff. How much advance warning do they get if something going to blow?

BAKHTIAR: It's fascinating. They use different mechanisms. One is earth's tilt. They use ground tilt. They use amazing devices that look into the earth. And basically...

COOPER: How far in advance do they know?

BAKHTIAR: ... three weeks in advance they can tell...

COOPER: Interesting.

BAKHTIAR: ... based on what they see.

COOPER: Amazing. Live picture there...

BAKHTIAR: There you go.

COOPER: ... from Mount St. Helens. BAKHTIAR: Beautiful.

COOPER: Rudi, thank you very much.

A man in a boat, overboard, swept through a dam. Tonight, he shares his harrowing story of survival.

(BEGIN VIDEO CLIP)

And it was twisting me around like a rag doll, and, you know, threw my arms all over the place.

(END VIDEO CLIP)

COOPER: His near-brush with death caught on tape.

And an alarming new study finds a link between second-hand smoke and breast cancer. Tonight, are smokers around you putting you at risk?

360 continues.

(COMMERCIAL BREAK)

COOPER: It has been two years now since Michael Jackson and his young accuser were together. Today, they met again, face-to-face. Here's a clip of the documentary where it all began for a lot of people. Showing Jackson, the boy, sitting side by side. This afternoon, the boy now 15-years-old, took the witness stand just feet away from Jackson. He had a lot to tell the jury, saying how he had slept in Jackson's room. And how he and his brother looked at Internet porn at the Neverland Ranch.

Jury is going to hear a lot in the coming days and weeks. And he's going to be grilled by Jackson's attorneys. Because it all boiled down to whether or not this kid's testimony holds up. CNN's Senior legal analyst, Jeffrey Toobin, was in the court as the trial began. Is closely following the boys testimony. And he joins me now. The kid's brother did terribly on the stand.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Really, really badly. I mean, I was struck reading the transcript, how many contributions, about important things, too. About how -- whether he saw the actual sexual misconduct. Where he was at the time. Our colleague Ted Rowlands, who was inside of the courtroom, told me that there was laughter at some points in the brother's testimony.

COOPER: Laughter by...

TOOBIN: The jurors.

COOPER: ... the jurors.

TOOBIN: Laughter by the jurors at how many times he contradicted himself about matters large and small. So, I think that only raises the stakes even more for the accuser's testimony (UNINTELLIGIBLE) tomorrow.

COOPER: And it really does all hinge on the kid's testimony today, as well as what happens tomorrow.

TOOBIN: You know, I've talked a lot about the problems in this case, which I think there are substantial problems. But you know, if they believe this kid tomorrow when he gets to the sexual misconduct, case is over, Jackson loses. So that's how big this testimony is.

COOPER: But even if on cross-examination, he's ripped apart. I mean, if his original testimony is strong enough?

TOOBIN: If it's strong enough, that's all the prosecution needs. Because, you know, this is not a circumstantial evidence case. This is a direct evidence case. If you believe that this kid truthfully talked about abuse by Michael Jackson, all the other evidence in the case is irrelevant. So, you know, the stakes are high.

COOPER: If they can come up with the reasons why there were fingerprints on porn magazines, and you know, Michael Jackson says the guy slept in the bed. I mean, it does boil down to -- it all boils down to believability.

TOOBIN: It is believability. And this is such a challenge for the prosecution -- for the defense. How do you cross-examine a kid who's had a 16-pound tumor removed from his stomach? You know, how do you cross-examine a 15-year-old which is what he is now? You know, jury is going to be sympathetic to him at one level. I think Mesereau proved in cross-examining the brother that he knows how to do this in a firm, but polite way. It's going to be even tougher with the accuser.

COOPER: Mesereau is clearly earning his fee. I mean, he is doing an excellent job.

TOOBIN: And it all shows preparation. The resources that they've had to look at all the different stories that -- that have been told. It's really yet another story about, if you have the resources to prepare for trial and a good lawyer, it makes an enormous difference.

COOPER: And against Sneddon, who -- I mean, we saw that press conference he gave at the start of all of this, is he the right guy for this? I mean, is he up for this?

TOOBIN: He gave a very weak opening statement. He showed that he is not used to being in the courtroom. And...

COOPER: He's not used to being in the courtroom?

TOOBIN: No. He's the boss of that office.

COOPER: Could he have stepped aside. I mean...

TOOBIN: Absolutely. And there are other lawyers in the courtroom working with him, but Sneddon -- Sneddon is clearly the top guy. But all of the mistakes don't matter if this kid is believable on the witness stand tomorrow. That's how important it is.

COOPER: How long does he stay on the witness stand? I mean, do you think (UNINTELLIGIBLE) -- because this thing is moving very quickly.

TOOBIN: You know, Mesereau has not cross-examined people for days and days. He had about a day of cross-examination with the brother. I anticipate the direct testimony will take up most of tomorrow. There's no court on Friday. But I imagine Mesereau will spend maybe Monday and Tuesday with the boy. And they'll be on to other witnesses by the middle of next week.

COOPER: But if Mesereau ripped him apart on the stand, shows lots of inaccuracies, inconsistencies, no amount of prosecution case after that can really make up for it.

TOOBIN: That is it. If they don't believe him, all over.

COOPER: All right, Jeffrey Toobin, thanks very much. We'll be watching.

Coming up next on 360, trouble on the water. A boat sucked into a dam. The question is, what would you do in a situation like this? Find out how one man and woman survived.

Also ahead tonight, why are there so many misunderstandings between men and women? He says, she says, the body language. We're going to take a look at that. Part of our special week-long series on the real differences of men and women.

And little bit later tonight, new research suggesting second-hand smoke causes breast cancer? 360 M.D. Sanjay Gupta with what you need to know.

(COMMERCIAL BREAK)

COOPER: Well, to say the least, it was not a perfect ending for Monday night out on Texas Lake Austin. The security camera captures a women stuck on top of a boat getting dangerously close to being crushed by a dam, in fast moving water. She doesn't know the fate of her companion who disappeared under the water. At this point, all that separates life and death is some quick thinking and a little bit of luck.

Heidi Collins takes up the story from there.

(BEGIN VIDEOTAPE)

HEIDI COLLINS, CNN CORRESPONDENT (voice-over): It all happened very fast. Watch as Monica Barnes literally clings for her life. Rescue workers frantically try to pull her out to safety before it's too late. The boat she was riding in is getting sucked into the floodgates a Lake Austin dam. A few minutes later, the boat is gone, and so is Dirk Hoekstra, Barnes' companion. He fell overboard and got sucked through the 60 foot floodgates, but amazingly he survived. DIRK HOEKSTRA, SURVIVOR: I barely got a good breath in right before I went down. And I just held on my breath and pretty much all that kept going through my mind was, just I didn't get want to get stuck anywhere, you know. It was twisting me around like a rag doll and threw my arms all over the place. And I just keeps flipping from whirlpool to whirlpool.

COLLINS: A few minutes later and a half a mile a way, he finally reached the shore safely. It all happened Monday night, Hoekstra and Barnes were waiting for their boat trailer near the dam when suddenly the boat's engage quit.

HOEKSTRA: The current whipped the boat 180, and slammed it into the floodgate, crushing the back of the boat. And we took on quite a bit of water and that's when we both fell back there. I pushed her up to the top and told her to grab onto whatever she could and get as far as up she could. And about a second later is when my feet got sucked in by the watergate, and that's when I went through.

(END VIDEOTAPE)

COLLINS: And as you look at those pictures, unbelievable how powerful that force of water is. In fact, Anderson, take a look at this. We have a shot now of what left after the boat after it went through. A 14 by 20 inch piece of wood, part of what was apparently the seat cushion.

COOPER: That's all that's left?

COLLINS: That's all that's left. And remember, this was a 16 foot boat, a vintage boat in fact, that Dirk Hoekstra's father built himself.

So how Hoekstra made it through himself is incredible. And he only suffered minor injuries.

COOPER: Amazing. Very, very lucky man.

360 next, when he walks the walk, his body talks. What does your body language say about you. And what do you think the president's body language says about him? Part of our special week-long series on the differences between men and women. And how women interpret the body differently.

Also, tonight an alarming new study suggest the link between breast cancer and second-hand smoke. The question is, are you at risk? We'll talk to Dr. Sanjay Gupta later about that.

And a little later, Martha Stewart taking the good with the bad after release with prison. Maybe she wants to go back to prison. We'll tell you that, to the Nth Degree.

(COMMERCIAL BREAK)

COOPER: It was a particularly bloody day today in Iraq. Here with more on that and the rest of the evening's top stories is Erica Hill from Headline News. Hey, Erica.

ERICA HILL, CNN HEADLINES NEWS ANCHOR: Hey, Anderson.

We begin in Iraq tonight where Iraqi police found some 26 body, all shot execution style in a village near the Iraqi-Syrian border. The bodies were discovered just one day after 15 other headless corpses were found in an empty military warehouse south of Baghdad.

Other attacks today in the Iraqi capital killed at least 5 people. In one incident, a suicide bomber drove a garbage truck into a court yard near the Ministry of Agriculture.

Some of the biggest names of baseball are headed to Capitol Hill. Seven current, or former Major League players, were subpoenaed today to testify next week before a congressional committee investigating baseball's steroid policy. Now among them, Mark McGwire, Jason Giambi, Jose Canseco, Curt Schilling and Sammy Sosa. But get this not Barry Bonds. A House spokesman says officials don't want the hearing to be about Bonds and whether he has used steroids.

A small community in the Philippines is grieving after about 30 elementary schoolchildren died from food poisoning. Authorities say the kids got sick at school after eating a snack made of Cassava, that's a root which can be toxic it's not cooked properly.

Dozens of kids are in critical condition. The vendor who sold the snacks insisted nothing was wrong with them and eat a few to prove it, but now she too is in critical condition.

Look for another reason to dislike cockroaches, because you need one? Try asthma. A major study confirms cockroaches play the leading role in triggering asthma in kids beating out things like dust mites and even Fluffy. The worst place for the allergic effect of cockroaches turned out to be high-rise apartments.

I don't know about high-rise office buildings, Anderson, but I would be careful.

COOPER: Did we need to see the pictures of the cockroaches?

HILL: Aren't they nasty to look at?

COOPER: I don't know if you happen to know, but I actually have a phobia about cockroaches.

HILL: I don't like bugs period but that's just me.

By the way, I just have to say, I noticed there was a little bit of the AC-360 band there underneath the cut in to the Headline News studio.

COOPER: Yeah. We put the AC-360 band in there. To keep it rocking in the free world.

All right. Erica, thanks very much.

Erica's going to be back in about 30 minutes with another news update.

Now, the next time you want to tell someone something important. Consider this, your body language actually speaks louder than your words. Researchers say that 55 percent of the way we communicate is through body language. 38 percent is through the tone of voice and only 7 percent of our intentions and our feels are communicated through words. And just like with word, men and women often misunderstand each other's body language.

Tonight, we take a look at body talk between men and women, all part our special series "Of Two Minds." I recently talked with renowned anthropologist Helen Fisher, author of "Why We Love: The Nature and Chemistry of Romantic Love." She explained why the he said/she said nature of body language can cause a lot of problems. Listen.

(BEGIN VIDEOTAPE)

COOPER: A lot has already been said about how men and women communicate with their language differently. But in terms of body language, is it interpreted differently by men and women?

HELEN FISHER, ANTHROPOLOGIST: Yes, it is. Women are better at reading body language everywhere in the world. As a matter of fact, it's associated with the female hormone estrogen. Women are better at figuring out of tone of voice, reading your face and posture and gesture. But men...

COOPER: Why would that be? Can men read other people, I guess not as well as women?

FISHER: Well, don't forget, these are all averages. Some men who are superb and some women who are absolutely dreadful. But one thing that men are good at is pick up all kinds of sexual cues . As a matter of fact, they read into women's postures and gestures all kinds of sexual cues that are not there.

A woman will toss her head and a man will say, oh she's trying to pick me up, when in fact she's not doing that at all. So, women actually have to be a little careful with what they do, because men will pick up things that they didn't mean.

COOPER: We have some video of several different people walking. Let's play it and talk about the various walks.

Here's President Bush. What do you see?

FISHER: There he is. Absolutely -- the very open, long stride. He should probably pick his head up just a little bit more. Maybe that's a slight submissive gesture to be loved. But the -- he's perfect. He could have been doing that four million years ago and he would have been popular then, too.

COOPER: Hillary Clinton here.

FISHER: It's a shorter stride and that's sort of more -- of course the smiling is making up for it. But if she swung her arms and if she opened -- if she made a longer stride, she would probably be regarded as even more effective, not quite as quite a long stride there. She's doing quite well. And she is very effective.

COOPER: And there's the...

FISHER: Here's the shorter stride.

COOPER: I find these strides like when you're on the talk show or something like this the most awkward. Because you're totally self- conscious about how you are walking.

FISHER: I know. When people tell you to walk a certain way it's like not thinking of a purple tomato. You can't not do it. I agree with you.

COOPER: There's me walking. There's me strutting my stuff.

FISHER: Oh, you're not too bad. The hand in the pocket, by the way, is part of the very open gesture. You know, we've got two basic postural messages in the animal world. One is the crouch and the other is the loom, looking better -- looking big. And when you have got your hand in your pocket like that you're giving a little bit of that loom.

COOPER: A loom?

FISHER: It's looming up. Looking dominant.

COOPER: Let's talk about business meetings. When a man is running a business meeting, is it different than when a woman is running a business meeting?

FISHER: Well, a man in a business meeting will not only take the more dominant position. One that's more dominant than he -- belongs to him, but he'll also spread out a big territory. And he'll set up a space. And then they'll will move their hands. In fact, a man will put his arm in front of the woman sitting right next to him. Because he's not only expressing rank but he's -- men have less skill with peripheral vision. They don't see as well in their peripheral vision.

COOPER: So men don't realize that would be irritating...

FISHER: Right, and she's really pissed off. And of course, when she says, "please remove your hand," he thinks she's petty.

Because men live in this world of rank and display rank and falling off of rank and going down in rank and going up in rank. Where as women live in a world of connection. And so they're very careful with ascribing the right thing to the right person and connecting everybody. So, they don't want to display signs of rank.

COOPER: So, how can people in the work place use this knowledge about body languages and the differences in how we interpret it to their advantage? FISHER: I think that we all can. You've got to remember, that men are men, and women are women. And although a lot of similarities, there are some real differences. So, probably when the men takes the most high-ranking seat, forgive him for it. And the next time get in the room sooner and take it yourself. You know, men don't take it amiss if you pull rank on them. It's called dominance matching. A man will keep on egging you to fight back. And women always want to be -- a level of the playing field, as I said, to make people feel comfortable. But they should fight back. The man will respect her.

COOPER: It's fascinating. Fascinating way to look at things.

Helen Fisher, thank you.

COOPER: Thank you.

(END VIDEOTAPE)

COOPER: Tomorrow night, we continue our series "Of Two Minds" the differences between men and women. We're going to look at the humor gap between men and women. And Friday, blame it on hormones. Male menopause and men's mid life crisis. All of that ahead.

Tonight, though, there is alarming new findings out of California. Women may be greatly increasing their chances of getting breast cancer by simply walking into a smoky room. A group of scientists have linked the killing disease second-hand smoke.

360 M.D. Dr. Sanjay Gupta has more on the study.

What specificly does the study tell us?

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: Well, specifically trying to draw a cause and effect relationship between second-hand smoke and breast cancer. That's never been done before. No one disputes the fact that secondhand smoke is bad for you in so many ways. But actually, finding that link is the first time they've been able to do that. It's saying it could increase your risk up to 90 percent. So, you can imagine a lot of people sort of concerned about that.

COOPER: What is it specificly about secondhand smoke and breast cancer? Why that type of cancer?

GUPTA: Yes, you know, it's interesting because lung cancer is the more obvious thing, right? I mean, people smoke or they inhale secondhand smoke, get that lung cancer. That's been proven, you know, 3,000 deaths a year due to that every year. With breast cancer, they actually find, you know, there are 4,000 chemicals in smoke.

It's called side stream smoke, it comes off of the end of your cigarette, and mainstream if it comes out of your mouth. About 4,000 chemicals, and they've found those chemicals now in the breast tissue of animals. And they're starting to make the leap here, saying if it's getting into the breast tissue of animals, it's probably getting into the breast tissue of human, as well. And that's the problem. COOPER: And active smoking vs. secondhand smoking, in this case, secondhand smoke is actually worse for you?

GUPTA: I find this so interesting.

COOPER: Yes, I don't get that.

GUPTA: It's kind of bizarre. And again, I don't want anybody to take out of this that active smoking is good for you, because it's not. But what seems to happen here is that people who -- women who actively smoke are actually suppressing their estrogen. And estrogen is a necessary fuel, a necessary hormone...

(CROSSTALK)

COOPER: Something about what their sucking in, it's suppressing estrogen.

GUPTA: The actual active smoking is actually suppressing the estrogen. When you breathe in the secondhand smoke, so, you're just getting the bad stuff. The estrogen is still there. And that can cause the rise of the breast cancer.

COOPER: It's unbelievable that would be worse almost than...

GUPTA: And again, don't want anyone to say listen...

COOPER: At least for breast cancer their talking about?

GUPTA: For breast cancer, right. For lung cancer active smoking is still worst for asthmatic and children, still worst to actively smoke. So, it's an important message to keep in mind. Obviously, the tobacco industry thinks that this isn't true. They say there's a lot of studies out there that don't show a link. The American Cancer Society, the National Cancer Institute, we talked to all of them today. They say, listen we've got to examine this data. It's going to be big study if it comes out to be true.

COOPER: All right, covering all the angles, Dr. Sanjay Gupta, thanks. Appreciate it.

360, next, Martha Stewart out of jail. That's good news for her certainly, but she's facing bad news, as well, about the business. Maybe she wants to go back it jail. We're going to take that to "The Nth Degree."

(COMMERCIAL BREAK)

COOPER: That's right, time to check some viewer e-mail. We got a lot about "The Nth Degree." In which we observed that all the critical comments about Dan Rather by a CBS colleague seemed kind of mean. Let's take a look at some of them.

Edith from Cupertino, California writes, "How refreshing it was to hear your "Nth Degree" commentary on Dan Rather. While many others in your field took to bashing and thrashing Mr. Rather, you presented another side."

Virginia from Panama City, Florida, "I'm really happy that Walter Cronkite lived to see this day. You're too young to remember, so please check it out. Dan Rather pushed Walter Cronkite out very unceremoniously."

And J.G. from Quincy, Illinois, concludes with this, "Dan Rather pop a cork. Rather Dan cork a pop."

Tomorrow night, we will broadcast the entire 360 show in haiku. Maybe a little (UNINTELLIGIBLE), just to mix things up. Keep it real.

Got something on your mind, send us an e-mail, cnn.com/360. Click on the instant feedback link.

Tonight taking the whole good news/bad news thing to "The Nth Degree." Being if prison is a bad thing, right, of course it is. On the other hand, the whole time Martha Stewart was, shall we say, away, the value of shares in her business rose. And freedom is a good thing, right? Well, sure. But ever since Ms. Stewart's been out of the big house, those shares of hers have declined in value. Did that again today.

This makes for quite a dilemma. A business woman as astute as Martha Stewart has surely noticed this trend, and must now be asking herself, OK, for the good of the company, do I have to get myself sent back to the slammer? And them question is, how?

If she were really at liberty, she could simply run some red lights or chuck a brick through a plate glass window and be dragged off for disorderly conduct. But she's confined to that rolling estate of hers, her mansion. How is she going it attract the attention of cops up there? Play music loud enough to anger the neighbors, they're miles away. And you can't get arrested for failing to curry comb the horses. The only song turns out to be right, freedom is just another word for nothing left it lose.

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

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