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CNN Live At Daybreak

Clashes Between U.S. Forces, Iraqi Insurgents in Najaf, Fallujah; Recapping Yesterday's Hearing in Sexual Assault Case Against Kobe Bryant

Aired April 27, 2004 - 06:00   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.


CAROL COSTELLO, CNN ANCHOR: New this morning, holy city under fire. In the search for insurgents in Iraq, U.S. forces find themselves on delicate ground.
It is Tuesday, April 27.

This is DAYBREAK.

And good morning to you.

From the CNN global headquarters in Atlanta, I'm Carol Costello.

Let me bring you up to date right now.

U.S. forces have killed 43 Iraqi insurgents in fighting near the Shiite Muslim holy city of Najaf. An anti-American Shiite cleric is still holed up in that city. He is wanted by U.S. forces.

The U.S. Supreme Court today hears arguments on whether Vice President Dick Cheney should reveal the inner workings of an energy task force that he headed.

Moammar Qaddafi is making a historic trip to Brussels today to meet with leaders of the European Union. The Libyan leader is working to improve relations and set the groundwork for inclusion in aid programs.

Labor Secretary Elaine Chao will unveil an overtime pay task force today. The group will focus on protecting workers' eligibility rights to get overtime. The Department is facing heat over new overtime pay rules -- Chad.

CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: It's come again and it has just about gone -- the call to anti-Iraqi forces in Fallujah to turn in their weapons nearly over. So what happens now?

Let's head live to Baghdad and Ben Wedeman -- Ben, first, tell us about those clashes in Najaf that we're hearing about this morning. BEN WEDEMAN, CNN CORRESPONDENT: Yes, Carol, actually those clashes took place several miles to the northeast of Najaf. U.S. forces very anxious to avoid any clashes within that Shiite holy city itself. What we're told by coalition spokesmen is that overnight, or, rather, yesterday evening, a battle broke out between U.S. forces and insurgents, resulting in the death of 43 of those insurgents, according to the coalition. No word on coalition casualties. Also used in that battle was an AC-130 gunship, which apparently, we are told, took out an anti-aircraft system. And, of course, it is in Najaf that Muqtada al-Sadr, the rebellious Shiite cleric, is holed up at the moment. He is wanted by U.S. forces because of his involvement, alleged involvement in the killing of a Shiite leader last April. Also, his followers, members of the so-called Mahdi Army, have been involved in attacks on coalition forces.

What's noteworthy, Carol, is that the U.S. appears to be trying to let Shiite leaders work out this crisis, to contain the rebellion by Muqtada al-Sadr, because it's well known that he is not beloved among all Shiites, that there are many other Shiite leaders who want to see him contained and his political ambitions contained, as well.

Meanwhile, the situation in Fallujah, that rebellious Shiite city to the west of Baghdad, remains tense. Yesterday, of course, there was a very fierce firefight on the edge of the city, resulting in the death of one U.S. Marine and at least eight insurgents. Now, today it was expected that the insurgents were going to hand over some of their heavy weapons, that there would be joint Iraqi security-U.S. Marine patrols on the streets of the city. According to senior U.S. military sources, it appears that those patrols aren't going to take place and no idea whether any weapons have been handed in.

Now, this same senior military official told us that one of the problems they have in Fallujah is that the interlocutors they're dealing with in that city, they're not sure if they have the power or the influence to actually work out an agreement or a cease-fire agreement with the insurgents there -- Carol.

COSTELLO: Ben Wedeman reporting live from Baghdad this morning.

Here in the States, in Wisconsin, the Witmer sisters, both U.S. Army soldiers, have a big decision to announce today. The sisters will reveal whether they will return to Iraq or ask for a transfer out of the war zone. The military has left the decision up to Rachel and Charity Witmer. Their sister Michelle was killed in Iraq earlier this month.

John Kerry spends the second day of his jobs tour in Ohio today attending a rally with federal workers, a roundtable with mayors and a reception with supporters.

And, also, a new book on Kerry by three reports out today. It's called "John Kerry: The Complete Biography by the 'Boston Globe' Reporters Who Know Him Best." Yes, that's the title. The book is being billed as the only complete biography for voters who want a thorough and objective look at Kerry. The authors will be on Judy Woodruff's "Inside Politics" today at 3:30 p.m. Eastern.

Kerry also is reacting angrily to questions he may have misled people about a 1971 anti-war protest where Vietnam veterans opposed to the war threw away their medals. Kerry said he threw away his ribbons and not his medals because he didn't have them with him. But the "New York Times" uncovered a 1971 interview with Kerry where he suggested the actual medals might have been used.

(BEGIN VIDEO CLIP)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: This is a complete distraction by the Bush administration. It's their attack method. This is what they do. And it's coming from a president who can't even prove that he actually showed up for duty in the National Guard.

(END VIDEO CLIP)

COSTELLO: Democratic National Committee Chairman Terry McCauliffe is calling on Vice President Dick Cheney to "call the Republican attack dogs off John Kerry." McAuliffe's comments followed Cheney's latest attack on Kerry's military record. In a speech at Westminster College in Missouri, Cheney said Kerry repeatedly has called for major reductions or cancellations in important weapons systems. He also criticized Kerry for comments on the coalition in Iraq.

(BEGIN VIDEO CLIP)

DICK CHENEY, VICE PRESIDENT OF THE UNITED STATES: Senator Kerry calls these countries "window dressing." They are, in his words, "a coalition of the coerced and the bribed." I am aware of no other instance in which a presumptive nominee for president of the United States has spoken with such disdain of active fighting allies of the United States in a time of war.

(END VIDEO CLIP)

COSTELLO: The college president, by the way, is taking exception to Cheney's speech. In a statement to the college community, Fletcher Lamkin said, and I quote, "I would like to thank each and every one of you who were courteous and respectful to Mr. Cheney during his visit and speech. Frankly, I must admit that I was surprised and disappointed that Mr. Cheney chose to step off the high ground and resort to Kerry bashing for a large portion of his speech. The content and tone of his speech was not provided to us prior to the event. We had only been told the speech would be about foreign policy, including issues in Iraq."

Lamkin has now invited John Kerry to speak at the college.

More testimony is scheduled today on the sexual history of Kobe Bryant's accuser. So far this week, nine people have taken the stand, including one of the 19-year-old woman's former boyfriends. Also today, the judge may decide on the admissibility of a key piece of state's evidence.

For more on the hearings, let's head to Eagle County and Adrian Baschuk -- good morning, Adrian.

ADRIAN BASCHUK, CNN CORRESPONDENT: Good morning to you, Carol.

Also, an interesting development. Yesterday, the judge ordered that a new hearing be scheduled regarding what the accuser should be called in open court. The prosecution routinely refers to her as "the victim." The defense, that initiated the debate, argues that she be called the "alleged victim."

(BEGIN VIDEOTAPE)

BASCHUK (voice-over): This week's hearings remain closed to the public and the media. Cameras can only capture Kobe Bryant entering and exiting the courtroom.

CRAIG SILVERMAN, FORMER DENVER DEPUTY DISTRICT ATTORNEY: We don't know what's going on behind closed doors. It could be real exciting inside the courtroom.

BASCHUK: The defense, barred from accessing the accuser's medical records during trial, is relying on testimony from multiple friends, family and even sexual partners of the accuser, to convince the judge to make exceptions to Colorado's rape shield law.

SILVERMAN: Who knows a person better than her own friends? Perhaps they know things or have heard things that are damaging to this young woman. Even if you are a friend, it's quite another thing to go along and see an innocent man convicted of rape.

BASCHUK: The defense claims the alleged victim had sex with multiple partners in the days before and one day after allegedly being raped by Bryant. Victim advocacy groups in Colorado argue it's irrelevant.

KATHIE KRAMER, RAPE ASSISTANCE AND AWARENESS PROGRAM: Law makers understand that just because a person has consented to sex in the past does not mean that they consent on every occasion.

BASCHUK: Consent is also key to Kobe Bryant. His attorneys will argue today that he was not legally in police custody when detectives questioned him and that his statements they secretly recorded must be thrown out.

(END VIDEOTAPE)

BASCHUK: A big question everyone has is when will a trial start? Well, the judge, we learned late yesterday, does not want to set a trial date until all the DNA evidence is in. Both sides will report their findings early Wednesday morning -- Carol.

COSTELLO: Adrian Baschuk reporting live from Eagle County this morning.

Stories across America this Tuesday.

The U.S. is stepping back from demands that transatlantic flights have armed sky marshals. The Bush administration plans to look at other security precautions in case of a terrorist threat, including canceling flights. At least three European countries have shown resistance to deploying armed guards on planes.

A second North Carolina teenager has died from injuries sustained in a bus crash near Paris. Thirteen-year-old Julian Brown died after being taken off life support. Eighteen young soccer players were on that bus when it overturned on the way to the airport last week.

It is about to get more difficult to get an A at Princeton. New university guidelines will limit the number of top grades given out to undergrads. They're going to allow no more than 35 percent of undergrads to get As. The faculty approved the change to combat so- called grade inflation.

Well, we have got an amazing story to tell you about coming up. It's a tale of a boy versus a bear.

And you may want to make a call to Medicare. New prescription coverage is coming soon. See how to get the facts before you get the card.

And then, just back from Iraq, meet a CNN employee who shed more than sweat while covering the war. He will share his experience while embedded with Marines in Fallujah.

This is DAYBREAK for April 27.

(COMMERCIAL BREAK)

COSTELLO: Time for a little business buzz right now.

Medicare's new drug card program comes with many, many choices, and, boy, does it cause a lot of confusion.

Joya Dass joins us live from the NASDAQ market site to hopefully help us out with that -- good morning.

JOYA DASS, CNN CORRESPONDENT: Help decipher some of that confusion, right?

Well, what's happened here is that the Bush administration has launched its second round of advertising for the Medicare program. And the first sort of keystone of that program is a card. It's a prescription drug card that's actually going to offer low income folks who are actually eligible -- there are some standard guidelines for who are eligible for this -- but it's a free $600 prescription drug card that can be used. And enrollment for these particular cards begin on May 3. And the card can actually start being used in the month of June.

The other sort of linchpin of this particular program is a Web site as well as a 1-800-MEDICARE number, where senior citizens can actually call up and find out the prices on certain drugs, compare the prices on certain drugs and also find out the many restrictions on some of these prescription drug cards that are already out there.

Keep in mind that there are already some 36 national cards and an additional 35 that can be used in different parts of the country with different restrictions as to, for instance, where that particular card can be used and what pharmacy it can be used in.

So hopefully this Web site and this particular 1-800 number can decipher all of that confusion.

In the same vein, I just do want to tell you that there's one stock to watch this morning. We're watching United Health Care. The company made some news after the bell last night. It's agreed to buy Oxford Health Plans for about $4.9 billion in stock and cash. And effectively what this can do is help United Health Care really kind of gain a presence in the Northeast, which is already a very competitive market -- Carol.

COSTELLO: Any more on the futures this morning, Joya?

DASS: The futures this morning are looking a little bit flat. Same as yesterday.

COSTELLO: Same as yesterday.

Thank you very much.

Joya Dass reporting live from the NASDAQ market site in New York.

Your news, money, weather and sports.

It is 6:15 Eastern.

Here's what's all new this morning.

U.S. forces kill 43 insurgents near Najaf. An anti-aircraft position also has been destroyed. A leading anti-American Shiite cleric is holed up in Najaf with his paramilitary force, as you know.

Before the Supreme Court today, whether Vice President Dick Cheney should reveal the inner workings of his energy policy group. Two groups want to learn what influence energy officials had in the deliberations.

In money news, home sales are up. The Commerce Department says sales of new homes in March jumped 8.9 percent. That is the highest sales rate since September.

In sports, the president of the University of Colorado is expected to decide the fate of suspended football coach Gary Barnett by May. One bumper sticker making the rounds in Boulder -- "Forget Tibet, Free Barnett."

In culture, shock jock Howard Stern has caught flak from the government, but, boy, his ratings are not suffering. For the quarter, he had major gains in New York, Los Angeles and Chicago.

MYERS: Well, what did you expect with all that free publicity?

(WEATHER REPORT)

COSTELLO: Want to talk about bears now? MYERS: Boy punches bear. That's the headline.

COSTELLO: I didn't get a good chance to read up on this, so you probably know more about this story than I do.

MYERS: OK.

COSTELLO: So go for it.

MYERS: A 15-year-old kid was on an expedition to Deer Island. And when he woke up, there was a 400 pound bear sitting on the end of his basically knapsack, backpack. And so he was trying to get out of the tent the other way. But there was no way to get out. The bear went after him and he punched the bear on the snout and finally got around to finding an air horn, kind of one of those air horns you push like on a boat or...

COSTELLO: So while this bear is reeling from a punch in the gut, this kid finds an air horn...

MYERS: In the snout.

COSTELLO: Oh, in the snout. I'm sorry.

MYERS: In the snout. Hit him in the snout. Hit the air horn. The air horn went off. It kind of scared the bear. The rest of the camp counselors woke up and scared the bear away.

COSTELLO: It's amazing.

MYERS: They said he's the smartest kid around. I don't recommend punching a bear, but congratulations to that 15-year-old.

COSTELLO: Oh, that's awesome.

Thank you, Chad.

MYERS: You're welcome.

COSTELLO: I needed that laugh this morning.

Covering the fighting in Fallujah -- we have to talk about that now -- on the ground and under fire, a CNN staff member, Tomas, shares his experience from Fallujah's front lines. He was wounded over there. He's going to tell us about it next.

(COMMERCIAL BREAK)

COSTELLO: We have been showing you the fierce battles in Fallujah between U.S. Marines and anti-coalition forces there. But how are the Marines handling the pressure of the failing cease-fire?

Right now we want to find out more about the situation in Fallujah from our international editor Tomas Etzler.

He was embedded with the Marines in Fallujah and he was injured during the fighting.

And thank you for joining us this morning.

TOMAS ETZLER, CNN INTERNATIONAL EDITOR: Thank you.

Good morning.

COSTELLO: First of all, tell us what your injuries were and how you are.

ETZLER: Thank you very much.

I'm much better.

My injuries were, I was in a mortar blast. I had two shrapnels in my head, two small pieces of metal. And I had a shrapnel going through my back. I've got 18 stitches in my back.

COSTELLO: And that happened 15 days ago. And you're sitting here today.

ETZLER: Thank god. It happened on April the 12th, 15 days ago, when I was embedded with Echo Company in northwest Fallujah, one of the hottest spots in Fallujah.

COSTELLO: You brought some pictures for us. Can we put up the picture of Tomas in his flak jacket on the phone, because he's got a fascinating story about that? When that mortar hit behind you, you were on the phone to CNN...

ETZLER: Yes.

COSTELLO: ... with your flak jacket on.

ETZLER: Yes.

COSTELLO: Tell us what saved your life.

ETZLER: Two things saved my life, I believe. One is that the mortar hit a small courtyard in the school. It was a direct hit and I was on the first floor in a balcony of that courtyard. If I would be on the ground floor, I would be much more severely wounded, if not dead.

COSTELLO: So you were in this schoolyard with U.S. Marines surrounding you?

ETZLER: That's correct. That's correct. When all of a sudden there was a huge boom. Everything went black. There were huge flames coming up and the next thing I know I was on the ground and I knew immediately I was hit, that something big hit us, first of all, and then I knew that I was hit because I was in a lot of pain in my back.

COSTELLO: And there were other casualties besides you in this attack. ETZLER: The Marines who were on the bottom of the courtyard were hit very, very hard. Two of them later died. Eight of them were injured, six of them severely.

COSTELLO: So those two U.S. Marines died because of the same blast that injured you?

ETZLER: Exactly. They were in the direct way of the shrapnel, you know. And I saw them. I've never seen such carnage before in my life. They pretty much bled to death.

COSTELLO: Oh. And Tomas was telling me in the break that, in part, the flak jacket saved your life, but also the cell phone you were talking on caught a piece of that shrapnel.

ETZLER: Yes. I had several pieces of small, small pieces of shrapnel in my flak jacket and also a piece of shrapnel in the phone I was holding to my ear at the moment of the blast, when the blast occurred.

COSTELLO: Those U.S. Marines who died and the other U.S. Marines who were injured in that battle in Fallujah, tell me about that. Tell me how they handle such situations.

ETZLER: I was extremely impressed. It was, of course, a, first, it was a moment or a scene of mayhem, of chaos. You know, you've got a building which is defended by 28 Marines and all of a sudden 10 of them are down. So you've got 18 Marines left to try to save their fallen friends and comrades and defend the building, which was under severe, severe attack. And, but there was, yes, of course, there was a lot of adrenaline, a lot of yelling, a lot of swearing, a lot of commands. But no panic. They really, as I've heard before and as I saw firsthand, they become robots, you know? They knew exactly what to do, how to do it and they did it very, very well.

COSTELLO: Tell us about their courage.

ETZLER: They are very courageous, although they are very, very frustrated at the moment because of that one, one unilateral cease- fire of the U.S. forces there. You know, they -- and I witnessed it -- they do not fire unless they are being fired upon. And they are very frustrated. They said we have better weapons, we have -- we are better trained, we can take out all these guys within a week. But we have to wait here and just get them, let them shoot at us.

COSTELLO: How do they feel about the idea of these Iraqi patrols patrolling along with Marines through the streets of Fallujah in order to calm things down? Do they think that will work?

ETZLER: Well, in my experience, they will try anything to fight, you know, anything to calm the situation down, anything to find a solution for some sort of peaceful situation because not only do Marines -- Marines, they, not really, but their commanders, they are -- it's a nightmare of every commander of any military to go into urban warfare. So they will try anything they can to avoid direct storming of Fallujah. COSTELLO: Well, we're glad you're back home safe and sound and recovering.

ETZLER: Thank you.

COSTELLO: Tomas Etzler, thanks for joining DAYBREAK this morning.

ETZLER: Thank you.

COSTELLO: Thanks.

Here's what's all new in the next half hour of DAYBREAK.

The president, the war and public opinion -- a lot rides on America's feelings this year. I'll talk with two radio hosts, one conservative, one liberal.

Plus, private information versus public personas -- the Supreme Court takes on a case involving the vice president.

And songs about the secretary of defense. Hear what this soprano is singing about.

We'll be right back.

(COMMERCIAL BREAK)

COSTELLO: Good morning to you.

From the CNN global headquarters in Atlanta, I'm Carol Costello.

First, the latest headlines at this hour for you.

It looks like the coalition will push back today's deadline for Iraqi insurgents to turn over all heavy weapons in Fallujah. And the planned joint patrols with U.S. Marines and Iraqi police has also been postponed.

The Senate Foreign Relations Committee meets this morning for a hearing on President Bush's choice for ambassador to Iraq. John Negroponte was tapped for the post last week. Negroponte is currently the U.S. ambassador to the United Nations.

The Canadian government is set to announce a new national security policy today. Among the initiatives, improved security at the country's ports.

And South Africa celebrates 10 years of democracy today, a decade since the end of apartheid. Part of the celebration includes the swearing in of President Thabo Mbeke to his second term -- Chad.

CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.

(WEATHER REPORT)

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 April 27, 2004 - 06:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: New this morning, holy city under fire. In the search for insurgents in Iraq, U.S. forces find themselves on delicate ground.
It is Tuesday, April 27.

This is DAYBREAK.

And good morning to you.

From the CNN global headquarters in Atlanta, I'm Carol Costello.

Let me bring you up to date right now.

U.S. forces have killed 43 Iraqi insurgents in fighting near the Shiite Muslim holy city of Najaf. An anti-American Shiite cleric is still holed up in that city. He is wanted by U.S. forces.

The U.S. Supreme Court today hears arguments on whether Vice President Dick Cheney should reveal the inner workings of an energy task force that he headed.

Moammar Qaddafi is making a historic trip to Brussels today to meet with leaders of the European Union. The Libyan leader is working to improve relations and set the groundwork for inclusion in aid programs.

Labor Secretary Elaine Chao will unveil an overtime pay task force today. The group will focus on protecting workers' eligibility rights to get overtime. The Department is facing heat over new overtime pay rules -- Chad.

CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: It's come again and it has just about gone -- the call to anti-Iraqi forces in Fallujah to turn in their weapons nearly over. So what happens now?

Let's head live to Baghdad and Ben Wedeman -- Ben, first, tell us about those clashes in Najaf that we're hearing about this morning. BEN WEDEMAN, CNN CORRESPONDENT: Yes, Carol, actually those clashes took place several miles to the northeast of Najaf. U.S. forces very anxious to avoid any clashes within that Shiite holy city itself. What we're told by coalition spokesmen is that overnight, or, rather, yesterday evening, a battle broke out between U.S. forces and insurgents, resulting in the death of 43 of those insurgents, according to the coalition. No word on coalition casualties. Also used in that battle was an AC-130 gunship, which apparently, we are told, took out an anti-aircraft system. And, of course, it is in Najaf that Muqtada al-Sadr, the rebellious Shiite cleric, is holed up at the moment. He is wanted by U.S. forces because of his involvement, alleged involvement in the killing of a Shiite leader last April. Also, his followers, members of the so-called Mahdi Army, have been involved in attacks on coalition forces.

What's noteworthy, Carol, is that the U.S. appears to be trying to let Shiite leaders work out this crisis, to contain the rebellion by Muqtada al-Sadr, because it's well known that he is not beloved among all Shiites, that there are many other Shiite leaders who want to see him contained and his political ambitions contained, as well.

Meanwhile, the situation in Fallujah, that rebellious Shiite city to the west of Baghdad, remains tense. Yesterday, of course, there was a very fierce firefight on the edge of the city, resulting in the death of one U.S. Marine and at least eight insurgents. Now, today it was expected that the insurgents were going to hand over some of their heavy weapons, that there would be joint Iraqi security-U.S. Marine patrols on the streets of the city. According to senior U.S. military sources, it appears that those patrols aren't going to take place and no idea whether any weapons have been handed in.

Now, this same senior military official told us that one of the problems they have in Fallujah is that the interlocutors they're dealing with in that city, they're not sure if they have the power or the influence to actually work out an agreement or a cease-fire agreement with the insurgents there -- Carol.

COSTELLO: Ben Wedeman reporting live from Baghdad this morning.

Here in the States, in Wisconsin, the Witmer sisters, both U.S. Army soldiers, have a big decision to announce today. The sisters will reveal whether they will return to Iraq or ask for a transfer out of the war zone. The military has left the decision up to Rachel and Charity Witmer. Their sister Michelle was killed in Iraq earlier this month.

John Kerry spends the second day of his jobs tour in Ohio today attending a rally with federal workers, a roundtable with mayors and a reception with supporters.

And, also, a new book on Kerry by three reports out today. It's called "John Kerry: The Complete Biography by the 'Boston Globe' Reporters Who Know Him Best." Yes, that's the title. The book is being billed as the only complete biography for voters who want a thorough and objective look at Kerry. The authors will be on Judy Woodruff's "Inside Politics" today at 3:30 p.m. Eastern.

Kerry also is reacting angrily to questions he may have misled people about a 1971 anti-war protest where Vietnam veterans opposed to the war threw away their medals. Kerry said he threw away his ribbons and not his medals because he didn't have them with him. But the "New York Times" uncovered a 1971 interview with Kerry where he suggested the actual medals might have been used.

(BEGIN VIDEO CLIP)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: This is a complete distraction by the Bush administration. It's their attack method. This is what they do. And it's coming from a president who can't even prove that he actually showed up for duty in the National Guard.

(END VIDEO CLIP)

COSTELLO: Democratic National Committee Chairman Terry McCauliffe is calling on Vice President Dick Cheney to "call the Republican attack dogs off John Kerry." McAuliffe's comments followed Cheney's latest attack on Kerry's military record. In a speech at Westminster College in Missouri, Cheney said Kerry repeatedly has called for major reductions or cancellations in important weapons systems. He also criticized Kerry for comments on the coalition in Iraq.

(BEGIN VIDEO CLIP)

DICK CHENEY, VICE PRESIDENT OF THE UNITED STATES: Senator Kerry calls these countries "window dressing." They are, in his words, "a coalition of the coerced and the bribed." I am aware of no other instance in which a presumptive nominee for president of the United States has spoken with such disdain of active fighting allies of the United States in a time of war.

(END VIDEO CLIP)

COSTELLO: The college president, by the way, is taking exception to Cheney's speech. In a statement to the college community, Fletcher Lamkin said, and I quote, "I would like to thank each and every one of you who were courteous and respectful to Mr. Cheney during his visit and speech. Frankly, I must admit that I was surprised and disappointed that Mr. Cheney chose to step off the high ground and resort to Kerry bashing for a large portion of his speech. The content and tone of his speech was not provided to us prior to the event. We had only been told the speech would be about foreign policy, including issues in Iraq."

Lamkin has now invited John Kerry to speak at the college.

More testimony is scheduled today on the sexual history of Kobe Bryant's accuser. So far this week, nine people have taken the stand, including one of the 19-year-old woman's former boyfriends. Also today, the judge may decide on the admissibility of a key piece of state's evidence.

For more on the hearings, let's head to Eagle County and Adrian Baschuk -- good morning, Adrian.

ADRIAN BASCHUK, CNN CORRESPONDENT: Good morning to you, Carol.

Also, an interesting development. Yesterday, the judge ordered that a new hearing be scheduled regarding what the accuser should be called in open court. The prosecution routinely refers to her as "the victim." The defense, that initiated the debate, argues that she be called the "alleged victim."

(BEGIN VIDEOTAPE)

BASCHUK (voice-over): This week's hearings remain closed to the public and the media. Cameras can only capture Kobe Bryant entering and exiting the courtroom.

CRAIG SILVERMAN, FORMER DENVER DEPUTY DISTRICT ATTORNEY: We don't know what's going on behind closed doors. It could be real exciting inside the courtroom.

BASCHUK: The defense, barred from accessing the accuser's medical records during trial, is relying on testimony from multiple friends, family and even sexual partners of the accuser, to convince the judge to make exceptions to Colorado's rape shield law.

SILVERMAN: Who knows a person better than her own friends? Perhaps they know things or have heard things that are damaging to this young woman. Even if you are a friend, it's quite another thing to go along and see an innocent man convicted of rape.

BASCHUK: The defense claims the alleged victim had sex with multiple partners in the days before and one day after allegedly being raped by Bryant. Victim advocacy groups in Colorado argue it's irrelevant.

KATHIE KRAMER, RAPE ASSISTANCE AND AWARENESS PROGRAM: Law makers understand that just because a person has consented to sex in the past does not mean that they consent on every occasion.

BASCHUK: Consent is also key to Kobe Bryant. His attorneys will argue today that he was not legally in police custody when detectives questioned him and that his statements they secretly recorded must be thrown out.

(END VIDEOTAPE)

BASCHUK: A big question everyone has is when will a trial start? Well, the judge, we learned late yesterday, does not want to set a trial date until all the DNA evidence is in. Both sides will report their findings early Wednesday morning -- Carol.

COSTELLO: Adrian Baschuk reporting live from Eagle County this morning.

Stories across America this Tuesday.

The U.S. is stepping back from demands that transatlantic flights have armed sky marshals. The Bush administration plans to look at other security precautions in case of a terrorist threat, including canceling flights. At least three European countries have shown resistance to deploying armed guards on planes.

A second North Carolina teenager has died from injuries sustained in a bus crash near Paris. Thirteen-year-old Julian Brown died after being taken off life support. Eighteen young soccer players were on that bus when it overturned on the way to the airport last week.

It is about to get more difficult to get an A at Princeton. New university guidelines will limit the number of top grades given out to undergrads. They're going to allow no more than 35 percent of undergrads to get As. The faculty approved the change to combat so- called grade inflation.

Well, we have got an amazing story to tell you about coming up. It's a tale of a boy versus a bear.

And you may want to make a call to Medicare. New prescription coverage is coming soon. See how to get the facts before you get the card.

And then, just back from Iraq, meet a CNN employee who shed more than sweat while covering the war. He will share his experience while embedded with Marines in Fallujah.

This is DAYBREAK for April 27.

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COSTELLO: Time for a little business buzz right now.

Medicare's new drug card program comes with many, many choices, and, boy, does it cause a lot of confusion.

Joya Dass joins us live from the NASDAQ market site to hopefully help us out with that -- good morning.

JOYA DASS, CNN CORRESPONDENT: Help decipher some of that confusion, right?

Well, what's happened here is that the Bush administration has launched its second round of advertising for the Medicare program. And the first sort of keystone of that program is a card. It's a prescription drug card that's actually going to offer low income folks who are actually eligible -- there are some standard guidelines for who are eligible for this -- but it's a free $600 prescription drug card that can be used. And enrollment for these particular cards begin on May 3. And the card can actually start being used in the month of June.

The other sort of linchpin of this particular program is a Web site as well as a 1-800-MEDICARE number, where senior citizens can actually call up and find out the prices on certain drugs, compare the prices on certain drugs and also find out the many restrictions on some of these prescription drug cards that are already out there.

Keep in mind that there are already some 36 national cards and an additional 35 that can be used in different parts of the country with different restrictions as to, for instance, where that particular card can be used and what pharmacy it can be used in.

So hopefully this Web site and this particular 1-800 number can decipher all of that confusion.

In the same vein, I just do want to tell you that there's one stock to watch this morning. We're watching United Health Care. The company made some news after the bell last night. It's agreed to buy Oxford Health Plans for about $4.9 billion in stock and cash. And effectively what this can do is help United Health Care really kind of gain a presence in the Northeast, which is already a very competitive market -- Carol.

COSTELLO: Any more on the futures this morning, Joya?

DASS: The futures this morning are looking a little bit flat. Same as yesterday.

COSTELLO: Same as yesterday.

Thank you very much.

Joya Dass reporting live from the NASDAQ market site in New York.

Your news, money, weather and sports.

It is 6:15 Eastern.

Here's what's all new this morning.

U.S. forces kill 43 insurgents near Najaf. An anti-aircraft position also has been destroyed. A leading anti-American Shiite cleric is holed up in Najaf with his paramilitary force, as you know.

Before the Supreme Court today, whether Vice President Dick Cheney should reveal the inner workings of his energy policy group. Two groups want to learn what influence energy officials had in the deliberations.

In money news, home sales are up. The Commerce Department says sales of new homes in March jumped 8.9 percent. That is the highest sales rate since September.

In sports, the president of the University of Colorado is expected to decide the fate of suspended football coach Gary Barnett by May. One bumper sticker making the rounds in Boulder -- "Forget Tibet, Free Barnett."

In culture, shock jock Howard Stern has caught flak from the government, but, boy, his ratings are not suffering. For the quarter, he had major gains in New York, Los Angeles and Chicago.

MYERS: Well, what did you expect with all that free publicity?

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COSTELLO: Want to talk about bears now? MYERS: Boy punches bear. That's the headline.

COSTELLO: I didn't get a good chance to read up on this, so you probably know more about this story than I do.

MYERS: OK.

COSTELLO: So go for it.

MYERS: A 15-year-old kid was on an expedition to Deer Island. And when he woke up, there was a 400 pound bear sitting on the end of his basically knapsack, backpack. And so he was trying to get out of the tent the other way. But there was no way to get out. The bear went after him and he punched the bear on the snout and finally got around to finding an air horn, kind of one of those air horns you push like on a boat or...

COSTELLO: So while this bear is reeling from a punch in the gut, this kid finds an air horn...

MYERS: In the snout.

COSTELLO: Oh, in the snout. I'm sorry.

MYERS: In the snout. Hit him in the snout. Hit the air horn. The air horn went off. It kind of scared the bear. The rest of the camp counselors woke up and scared the bear away.

COSTELLO: It's amazing.

MYERS: They said he's the smartest kid around. I don't recommend punching a bear, but congratulations to that 15-year-old.

COSTELLO: Oh, that's awesome.

Thank you, Chad.

MYERS: You're welcome.

COSTELLO: I needed that laugh this morning.

Covering the fighting in Fallujah -- we have to talk about that now -- on the ground and under fire, a CNN staff member, Tomas, shares his experience from Fallujah's front lines. He was wounded over there. He's going to tell us about it next.

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COSTELLO: We have been showing you the fierce battles in Fallujah between U.S. Marines and anti-coalition forces there. But how are the Marines handling the pressure of the failing cease-fire?

Right now we want to find out more about the situation in Fallujah from our international editor Tomas Etzler.

He was embedded with the Marines in Fallujah and he was injured during the fighting.

And thank you for joining us this morning.

TOMAS ETZLER, CNN INTERNATIONAL EDITOR: Thank you.

Good morning.

COSTELLO: First of all, tell us what your injuries were and how you are.

ETZLER: Thank you very much.

I'm much better.

My injuries were, I was in a mortar blast. I had two shrapnels in my head, two small pieces of metal. And I had a shrapnel going through my back. I've got 18 stitches in my back.

COSTELLO: And that happened 15 days ago. And you're sitting here today.

ETZLER: Thank god. It happened on April the 12th, 15 days ago, when I was embedded with Echo Company in northwest Fallujah, one of the hottest spots in Fallujah.

COSTELLO: You brought some pictures for us. Can we put up the picture of Tomas in his flak jacket on the phone, because he's got a fascinating story about that? When that mortar hit behind you, you were on the phone to CNN...

ETZLER: Yes.

COSTELLO: ... with your flak jacket on.

ETZLER: Yes.

COSTELLO: Tell us what saved your life.

ETZLER: Two things saved my life, I believe. One is that the mortar hit a small courtyard in the school. It was a direct hit and I was on the first floor in a balcony of that courtyard. If I would be on the ground floor, I would be much more severely wounded, if not dead.

COSTELLO: So you were in this schoolyard with U.S. Marines surrounding you?

ETZLER: That's correct. That's correct. When all of a sudden there was a huge boom. Everything went black. There were huge flames coming up and the next thing I know I was on the ground and I knew immediately I was hit, that something big hit us, first of all, and then I knew that I was hit because I was in a lot of pain in my back.

COSTELLO: And there were other casualties besides you in this attack. ETZLER: The Marines who were on the bottom of the courtyard were hit very, very hard. Two of them later died. Eight of them were injured, six of them severely.

COSTELLO: So those two U.S. Marines died because of the same blast that injured you?

ETZLER: Exactly. They were in the direct way of the shrapnel, you know. And I saw them. I've never seen such carnage before in my life. They pretty much bled to death.

COSTELLO: Oh. And Tomas was telling me in the break that, in part, the flak jacket saved your life, but also the cell phone you were talking on caught a piece of that shrapnel.

ETZLER: Yes. I had several pieces of small, small pieces of shrapnel in my flak jacket and also a piece of shrapnel in the phone I was holding to my ear at the moment of the blast, when the blast occurred.

COSTELLO: Those U.S. Marines who died and the other U.S. Marines who were injured in that battle in Fallujah, tell me about that. Tell me how they handle such situations.

ETZLER: I was extremely impressed. It was, of course, a, first, it was a moment or a scene of mayhem, of chaos. You know, you've got a building which is defended by 28 Marines and all of a sudden 10 of them are down. So you've got 18 Marines left to try to save their fallen friends and comrades and defend the building, which was under severe, severe attack. And, but there was, yes, of course, there was a lot of adrenaline, a lot of yelling, a lot of swearing, a lot of commands. But no panic. They really, as I've heard before and as I saw firsthand, they become robots, you know? They knew exactly what to do, how to do it and they did it very, very well.

COSTELLO: Tell us about their courage.

ETZLER: They are very courageous, although they are very, very frustrated at the moment because of that one, one unilateral cease- fire of the U.S. forces there. You know, they -- and I witnessed it -- they do not fire unless they are being fired upon. And they are very frustrated. They said we have better weapons, we have -- we are better trained, we can take out all these guys within a week. But we have to wait here and just get them, let them shoot at us.

COSTELLO: How do they feel about the idea of these Iraqi patrols patrolling along with Marines through the streets of Fallujah in order to calm things down? Do they think that will work?

ETZLER: Well, in my experience, they will try anything to fight, you know, anything to calm the situation down, anything to find a solution for some sort of peaceful situation because not only do Marines -- Marines, they, not really, but their commanders, they are -- it's a nightmare of every commander of any military to go into urban warfare. So they will try anything they can to avoid direct storming of Fallujah. COSTELLO: Well, we're glad you're back home safe and sound and recovering.

ETZLER: Thank you.

COSTELLO: Tomas Etzler, thanks for joining DAYBREAK this morning.

ETZLER: Thank you.

COSTELLO: Thanks.

Here's what's all new in the next half hour of DAYBREAK.

The president, the war and public opinion -- a lot rides on America's feelings this year. I'll talk with two radio hosts, one conservative, one liberal.

Plus, private information versus public personas -- the Supreme Court takes on a case involving the vice president.

And songs about the secretary of defense. Hear what this soprano is singing about.

We'll be right back.

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COSTELLO: Good morning to you.

From the CNN global headquarters in Atlanta, I'm Carol Costello.

First, the latest headlines at this hour for you.

It looks like the coalition will push back today's deadline for Iraqi insurgents to turn over all heavy weapons in Fallujah. And the planned joint patrols with U.S. Marines and Iraqi police has also been postponed.

The Senate Foreign Relations Committee meets this morning for a hearing on President Bush's choice for ambassador to Iraq. John Negroponte was tapped for the post last week. Negroponte is currently the U.S. ambassador to the United Nations.

The Canadian government is set to announce a new national security policy today. Among the initiatives, improved security at the country's ports.

And South Africa celebrates 10 years of democracy today, a decade since the end of apartheid. Part of the celebration includes the swearing in of President Thabo Mbeke to his second term -- Chad.

CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.

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