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CNN Live At Daybreak

Mysterious Crashes; Najaf Standoff; Frey Wraps Up; Game Time

Aired August 25, 2004 - 05:30   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: Two planes crash in Russia under mysterious circumstances, coincidence or something more sinister?
It is Wednesday, August 25. This is DAYBREAK.

And good morning to you, welcome to the second half-hour of DAYBREAK. From the CNN Global Headquarters in Atlanta, I'm Carol Costello.

"Now in the News."

Grand Ayatollah Ali al-Sistani arrived back in Iraq from London just about 45 minutes ago. The cleric is calling on all Iraqis to march to Najaf to -- quote -- "rescue the city from fighting."

U.S. airstrikes rocked the Iraqi city of Fallujah this morning. The bombers or the bombings came after Marines were shot at. U.S. warplanes, tanks and ground fire pounded militant positions. It's the second day of bombing in Fallujah.

Later today there will be yet another report looking at the military's prisoner treatment at Iraq's Abu Ghraib Prison. A Pentagon source tells CNN the latest Fay Report will recommend that more than two dozen individuals be prosecuted.

And one of the first suspected al Qaeda fighters at Guantanamo Bay is getting a hearing today. That's Australian David Hicks. He's scheduled to face a military tribunal to hear the formal charges against him -- Chad.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: All right, thank you -- Chad.

MYERS: You're welcome.

COSTELLO: Two planes crash in Russia under extremely odd circumstances. Close to 90 people are dead this morning. The planes went down south of Moscow, one in the Tula Region, the other in an area called Rostov-on-Don.

President Vladimir Putin has ordered the Federal Security Service to investigate the near simultaneous crashes. Both planes took off from the same Moscow airport. A Russian news agency says an air traffic controller called police and said the crew of one plane had been attacked in the cockpit.

Of course the circumstances of these two crashes raise so many questions, so we want to talk about airline security with an expert. For that we turn to Philip Baum in London. He is the editor of "Aviation Security International."

Welcome to DAYBREAK.

PHILIP BAUM, EDITOR, "AVIATION SECURITY INTERNATIONAL": Good morning to you -- Carol.

COSTELLO: Good morning. How likely is it that two planes would crash four minutes apart that took off from the same airport?

BAUM: I would say extremely unlikely, unless terrorism were the cause. Of course coincidences do occur. But given the fact that these were two flights departing the same airport, departing only a few days before the presidential elections in Chechnya that are due to take place this forthcoming Sunday, exploding midair only three minutes apart from each other, one has to suspect that terrorism was the cause in this incidence.

COSTELLO: Since they crashed in such a short period of time, does that tell you that this was intricately planned or might have been?

BAUM: I don't think we are anywhere near the stage where we can evaluate how well planned this attack was, if indeed it was an attack. What we know from the second flight, the Siberia Airlines flight, was that there was a hijack signal sent from the aircraft. That indicates that the crew knew they were being attacked, they knew a hijack was actually in progress and the pilot or one of the cockpit crew managed to use the aircraft's transponder to notify air traffic control that the aircraft was being hijacked.

Since then we also have got information from air traffic control that would indicate further that the crew were actually being attacked by hijackers and it was more than just simply an intruder into the cockpit. Given that information, which is actually now available on the Siberia Airlines Web site, their own Web site, we have to say that if that was a hijack, then the likelihood was was that the other aircraft was also hijacked.

COSTELLO: Well can you help us out and be specific about what they heard? Do they have specifics on that Web site?

BAUM: They haven't put specifics on the Web site. Although, interestingly enough, they have actually already listed the crew that were on board by name and by place of birth, together with the full passenger list is already on the Web site. They have indicated that there is a criminal investigation under way, that terrorism is a strong possibility, although be it not confirmed, that a hijack signal was sent from the aircraft and that air traffic control have indicated that the crew were being attacked inside the cockpit.

Of course this is extremely worrying both for global aviation security, it's taking place at the same time as the Olympics. And I'm sure that the American public remember the TWA 800 incident where we had to carry out a simultaneous investigation at this time of the Atlanta Olympics as to whether or not TWA 800 was down by a bomb, a surface-to-air missile or by some malfunction onboard the aircraft.

COSTELLO: All interesting points you bring out. Philip Baum, editor of the "Aviation Security International," thank you for joining DAYBREAK this morning.

The Grand Ayatollah Ali al-Sistani, one of Iraq's most influential Shi'a leaders, has returned from medical treatment in England. It's hoped he can end the standoff in Najaf between Muqtada al-Sadr's militia members and U.S. and Iraqi forces.

Our Diana Muriel live in Baghdad this morning with more.

Hello -- Diana.

DIANA MURIEL, CNN CORRESPONDENT: Hello, Carol.

Yes, we've just had confirmation that in the past hour the Grand Ayatollah Ali al-Sistani has arrived back in Iraq. He's in Basra, a city in the south of the country, where we understand he's taking a rest. His supporters, his spokespeople have said that the grand ayatollah has called on all Iraqis to gather and go to Najaf, the holy city of Najaf, to -- quote -- "rescue it."

Najaf, of course, has been the scene of fierce fighting between U.S.-backed Iraqi forces and these Mehdi Militia, this group of fighters loyal to the junior but radical cleric Muqtada al-Sadr. The fighting has been going on there for nearly three weeks.

The grand ayatollah's representatives have tried to negotiate to have the keys of the holy shrine of Imam Ali, which is the center of the fighting. It's what the fighting is for control of. They have negotiated to try and get these keys, but they have not yet been handed over to representatives of the grand ayatollah.

Now that he is back in Iraq, perhaps the dynamic will change. Already we know of crowds gathering in Sadr City, which is a slum district to the north of Baghdad. Crowds gathering with the view to go to Najaf. It's 100 miles between Najaf and Baghdad. It's not clear how they are planning to get there. The march would be a very long and a very hot one. It may be that they'll be taken, they'll be transported there.

But the fighting in Najaf has continued. More bombardment overnight. Not clear what the targets were, but they were in the area around the old city, and the exits and entrances have now been sealed between the old city and the rest of Najaf with Iraqi police and U.S. forces manning those checkpoints.

Our crew on the ground have managed to get to those checkpoints. They say some journalists have managed to enter, but nobody else is being allowed into the shrine compound or to the shrine area. The people are not leaving, as they have been asked to do by the Iraqi authorities who went around the city on Tuesday with loudspeakers urging people to leave the shrine compound, warning them that they were going to seal these exits, all with a view (ph) to a final assault, a final assault that has not yet come -- Carol.

COSTELLO: And there's another hot spot in Iraq, too, this morning, Fallujah. What's the situation there -- Diana?

MURIEL: Well we've had confirmation from both U.S. forces and indeed CNN personnel on the ground in Fallujah that indeed there was an aerial bombardment of Fallujah. It started at around 8:00 in the morning and it concentrated on two areas to the east of the city, the Ascury District (ph) and the Cini District (ph).

The spokesperson for the 1st Marine Expeditionary Force there has confirmed that in response to and in response to insurgent fire, they are stressing that, they mounted an aerial bombardment using aircraft and artillery to bomb insurgent positions. This is the second night of bombardment there. On Tuesday, the U.S. forces there were saying that they mounted a precision aerial attack destroying a terrorist position, a specific attack, a specific target that they were successful in.

Today's bombing we know that there are three casualties have been brought to the Fallujah hospital. The doctors there believe that there are others. There could be fatalities, but they haven't yet arrived at the hospital in Fallujah -- Carol.

COSTELLO: Diana Muriel, live from Baghdad this morning, thank you.

Her days on the witness stand may finally be over, but did the prosecution's star witness live up to her star billing? In four minutes, we'll have the latest from the Scott Peterson trial.

Plus, coming up in nine minutes, in his bid for the White House, Presidential Candidate John Kerry endures a little good-natured ribbing. He was on the Jon Stewart show. We'll show you some excerpts.

And our e-mail "Question of the Day," Abu Ghraib, the case: should Donald Rumsfeld testify in the courts-martial? Send your e- mails to DAYBREAK@CNN.com.

But first, here's a look at what else is making news this Wednesday morning.

(COMMERCIAL BREAK)

COSTELLO: She spent seven days on the stand. Now Scott Peterson's former mistress, Amber Frey, has wrapped up her testimony in his murder trial.

As CNN's Ted Rowlands reports, the testimony got heated at times.

(BEGIN VIDEOTAPE) TED ROWLANDS, CNN CORRESPONDENT (voice-over): Amber Frey sounded hostile at times during the second day of defense cross-examination in the Scott Peterson murder trial. Frey repeatedly said, "I can't recall," to questions from defense attorney Mark Geragos.

Geragos pressed Frey to admit that Peterson never said "I love you" to her. Frey would not completely concede. Geragos asked, "In all of your conversations, did he ever say I love you?" To which Frey responded, "Not in those words."

Geragos tried painting Frey as the one who was obsessed in the relationship, pointing out that she sent out photos of her and Peterson in Christmas cards and that she had held onto a condom wrapper used by Peterson.

Frey did admit that she was surprised Peterson wasn't upset when she made this call telling Peterson she didn't want to talk to him anymore.

(BEGIN AUDIO CLIP)

AMBER FREY (on phone): I think it would be best if you and I didn't talk anymore, until there's resolution in this whole thing.

SCOTT PETERSON (on phone): Yes, I'd agree with that.

FREY: Good.

PETERSON: You're right.

FREY: Good. OK, well, that wasn't so hard.

(END AUDIO CLIP)

ROWLANDS: Amber Frey spent six days on the stand. Many courtroom observers believe she is the prosecution's strongest witness to date.

Outside court, Scott Peterson's sister downplayed Frey's significance.

JANEY PETERSON, SCOTT PETERSON'S SISTER: She testified to an affair. She testified to a man who was having an affair, whose wife went missing.

ROWLANDS: Mark Geragos told the court he may call Frey back to the stand during the defense case, but Frey's attorney, Gloria Allred, says she doesn't believe that will happen. But if it does, she says Frey will be ready.

(on camera): Amber Frey may be off the stand, but it is expected that jurors will hear more recorded conversations involving Scott Peterson later this week. The next witness on the stand for the prosecution is Steven Jacobson (ph), the individual who is responsible for the wiretaps of Scott Peterson's cell phones throughout the investigation. Ted Rowlands, CNN, Redwood City, California.

(END VIDEOTAPE)

COSTELLO: Your news, money, weather and sports. It is 5:45 Eastern. Here is what's all new this morning.

Terrorists are suspected in the downing of two Russian jetliners. The planes crashed within minutes of each other, killing as many as 94 people.

Civil rights activist Jesse Jackson is meeting with Libyan officials in Tripoli today. He wants Moammar Gadhafi's government to play a leadership role in resolving the conflict and humanitarian crisis in Sudan's Darfur region.

In money news, oil prices are up today. The slight rise ends a three-day losing streak, but analysts predict the market will start heading back down soon.

In culture, music icon Bob Dylan is about to bear it all. No, it's not that. He's publishing his memoirs. The first of a planned three-book series comes out this fall. Whew!

In sports, quarterback Quincy Carter is a Jet. New York has signed him as a back up to Chad Pennington. Carter was released three weeks ago by Dallas amidst reports he failed a drug test. So he found a home -- Chad.

MYERS: Now can I start singing once you're a jet, you're always a jet?

COSTELLO: Please, no.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

Those are the latest headlines for you.

Defense Secretary Donald Rumsfeld will not be in court for now when it comes to the Iraqi prisoner abuse scandal. A military judge says defense lawyers cannot call him to testify in the case of an accused U.S. soldier. The judge says defense lawyers did not closely link Rumsfeld to the scandal. But in a new report, a former defense secretary knows the scandal goes beyond the Abu Ghraib Prison.

(BEGIN VIDEO CLIP)

JAMES SCHLESINGER, FORMER DEFENSE SECRETARY: We believe that there is institutional and personal responsibility right up the chain of command as far as Washington is concerned.

(END VIDEO CLIP)

COSTELLO: A lawyer for accused soldier Javal Davis says Rumsfeld should be on the stand.

(BEGIN VIDEO CLIP)

PAUL BERGRIN, JAVAL DAVIS ATTORNEY: As I laid out in the courtroom, and I thought meticulously step by step, I thought that I unequivocally proved beyond any shadow of a doubt whatsoever that Rumsfeld had knowledge of the interrogation techniques in this case, that he approved of aggressive intelligence acquisition and that he was part and parcel of what led to the allegations at Abu Ghraib.

(END VIDEO CLIP)

COSTELLO: The judge says he might rethink his ruling if defense lawyers find more evidence linking Rumsfeld to the scandal. So our e- mail "Question of the Day," what do you think, should Rumsfeld be forced to testify?

And we've gotten a couple of hundred e-mails so far, and most of you say this. This is from Timothy (ph). He says yes, I think he should testify. As head of the whole operation, he had to have had some insight into the situation.

This from Bill in Chicago, if Rumsfeld doesn't testify, it would send a message that he has something to hide.

And this from Terry (ph) in Albuquerque, New Mexico, the secretary should take a page from Harry Truman's book, the buck stops here in testifying. That's assuming he's willing to tell the truth. Avoiding testifying suggests he has a lot to hide.

Keep the e-mail coming, DAYBREAK@CNN.com.

Janis Karpinski, the general in charge of the Abu Ghraib Prison at the time of the abuses, will be a guest on "AMERICAN MORNING." And you can catch that at 7:00 a.m. Eastern.

Well John Kerry made it to the front porch of "The Daily Show." He was campaigning in New York and made a stop at Comedy Central. Host Jon Stewart had Kerry laughing about the GOP attacks questioning his military service.

(BEGIN VIDEO CLIP)

JON STEWART, HOST, "THE DAILY SHOW": I watch a lot of the cable news shows, so I understand that apparently you were never in Vietnam.

(LAUGHTER)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: That's what I understand, too, but I'm trying to find out what happened to that part of my life.

STEWART: Now is it -- exactly. It's nice, though. I know 35 years ago I have friends that will come forward and say you did have cooties. You know that's what they'll say (ph).

(LAUGHTER)

STEWART: Is it hard not to take it personally?

KERRY: They have said that too, as a matter of fact.

STEWART: With you as well. Is it a difficult thing not to take personally when they come out and clearly your war record is, it's in the public files, so?

KERRY: You know what it is, Jon, it's disappointing, because I think most Americans would like to have a much more intelligent conversation about where the country is going.

(END VIDEO CLIP)

COSTELLO: Today two Vietnam vets, including Max Cleland, are delivering a protest letter to President Bush at his Texas ranch, asking him to condemn the ads. So far, President Bush has denounced all soft money ads.

Those surgery drinks you crave could cause more harm than good. In the next hour of DAYBREAK, our Lisa Drayer has some not-so-sweet news on sugar-sweetened beverages.

And life's a beach, especially if you bring home the gold. Highlights from the 2004 Summer Games ahead in a live report out of Athens.

This is DAYBREAK for a Wednesday.

(COMMERCIAL BREAK)

COSTELLO: They were going for the gold and along the way they stirred up a whole lot of national pride and became the darlings of the Olympic Games. Of course I'm talking about the Iraqi soccer team.

Larry Smith live in Athens for us with more on the soccer stars and all the other games from the -- and all the other news from the Games.

Good morning -- Larry.

LARRY SMITH, CNN CORRESPONDENT: Good morning to you, Carol.

Yes, you know just being here is a victory in itself. And instead of going for its nation's first-ever Olympic gold medal, the Iraqi men's soccer team instead will try for a bronze. Disappointing night last night on the pitches, Iraq fell to Paraguay 3 to 1 in the men's soccer semifinals, never leading in the match. Paraguay now meets Argentina in the gold medal match, assured of its nation's first Olympic medal. Iraqis will try for that country's second medal and first in 44 years versus Italy Friday in the bronze medal match.

Gold medal for the United States in beach volleyball, the dynamic duo of Kerri Walsh and Misty May struck gold without ever dropping a set in these games, beating Brazil for the title last night. Americans Holly McPeak and Elaine Youngs won bronze beating Australia.

A second gold medalist has been stripped of a title. Discus thrower Robert Fazekas of Hungary may decide to try to appeal his disqualification. The ILC punished him for tampering with a urine sample. Now the way this works, Carol, is that any time you win a medal, you must then submit to a drug test immediately following, and that is where this incident apparently occurred.

Let's go back to you.

COSTELLO: Larry Smith, live in Athens for us this morning, thank you.

It is hard to have a conversation about Olympic gymnastics without this name coming up, Bela Karolyi. Hear about his career coaching some of the world's best gymnasts on CNN's "LIVE FROM..." That's today at 3:00 p.m. Eastern with Kyra Phillips and Miles O'Brien.

We'll have more on the Summer Games in the next hour of DAYBREAK. We'll talk women's track.

Plus, as the situation in Najaf escalates, a powerful plea from one of Iraq's top clerics.

You are watching DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Two Russian airliners disappear from radar minutes apart. There are two crash sites this morning and dozens of people dead.

It is Wednesday, August 25. This is DAYBREAK.

And good morning to you from the CNN Global Headquarters in Atlanta, I'm Carol Costello.

"Now in the News."

One of Iraq's top clerics arrives back in Iraq from London and says the city of Najaf needs to be rescued, but Grand Ayatollah Ali al-Sistani isn't saying how he thinks that should happen. The cleric is asking all Iraqis to march on Najaf where U.S. and Iraqi forces have been battling insurgents.

The U.S. military hits hard in Fallujah too this morning. U.S. planes and tanks pounded insurgent positions in the city west of Baghdad. No word on casualties.

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Aired August 25, 2004 - 05:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Two planes crash in Russia under mysterious circumstances, coincidence or something more sinister?
It is Wednesday, August 25. This is DAYBREAK.

And good morning to you, welcome to the second half-hour of DAYBREAK. From the CNN Global Headquarters in Atlanta, I'm Carol Costello.

"Now in the News."

Grand Ayatollah Ali al-Sistani arrived back in Iraq from London just about 45 minutes ago. The cleric is calling on all Iraqis to march to Najaf to -- quote -- "rescue the city from fighting."

U.S. airstrikes rocked the Iraqi city of Fallujah this morning. The bombers or the bombings came after Marines were shot at. U.S. warplanes, tanks and ground fire pounded militant positions. It's the second day of bombing in Fallujah.

Later today there will be yet another report looking at the military's prisoner treatment at Iraq's Abu Ghraib Prison. A Pentagon source tells CNN the latest Fay Report will recommend that more than two dozen individuals be prosecuted.

And one of the first suspected al Qaeda fighters at Guantanamo Bay is getting a hearing today. That's Australian David Hicks. He's scheduled to face a military tribunal to hear the formal charges against him -- Chad.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: All right, thank you -- Chad.

MYERS: You're welcome.

COSTELLO: Two planes crash in Russia under extremely odd circumstances. Close to 90 people are dead this morning. The planes went down south of Moscow, one in the Tula Region, the other in an area called Rostov-on-Don.

President Vladimir Putin has ordered the Federal Security Service to investigate the near simultaneous crashes. Both planes took off from the same Moscow airport. A Russian news agency says an air traffic controller called police and said the crew of one plane had been attacked in the cockpit.

Of course the circumstances of these two crashes raise so many questions, so we want to talk about airline security with an expert. For that we turn to Philip Baum in London. He is the editor of "Aviation Security International."

Welcome to DAYBREAK.

PHILIP BAUM, EDITOR, "AVIATION SECURITY INTERNATIONAL": Good morning to you -- Carol.

COSTELLO: Good morning. How likely is it that two planes would crash four minutes apart that took off from the same airport?

BAUM: I would say extremely unlikely, unless terrorism were the cause. Of course coincidences do occur. But given the fact that these were two flights departing the same airport, departing only a few days before the presidential elections in Chechnya that are due to take place this forthcoming Sunday, exploding midair only three minutes apart from each other, one has to suspect that terrorism was the cause in this incidence.

COSTELLO: Since they crashed in such a short period of time, does that tell you that this was intricately planned or might have been?

BAUM: I don't think we are anywhere near the stage where we can evaluate how well planned this attack was, if indeed it was an attack. What we know from the second flight, the Siberia Airlines flight, was that there was a hijack signal sent from the aircraft. That indicates that the crew knew they were being attacked, they knew a hijack was actually in progress and the pilot or one of the cockpit crew managed to use the aircraft's transponder to notify air traffic control that the aircraft was being hijacked.

Since then we also have got information from air traffic control that would indicate further that the crew were actually being attacked by hijackers and it was more than just simply an intruder into the cockpit. Given that information, which is actually now available on the Siberia Airlines Web site, their own Web site, we have to say that if that was a hijack, then the likelihood was was that the other aircraft was also hijacked.

COSTELLO: Well can you help us out and be specific about what they heard? Do they have specifics on that Web site?

BAUM: They haven't put specifics on the Web site. Although, interestingly enough, they have actually already listed the crew that were on board by name and by place of birth, together with the full passenger list is already on the Web site. They have indicated that there is a criminal investigation under way, that terrorism is a strong possibility, although be it not confirmed, that a hijack signal was sent from the aircraft and that air traffic control have indicated that the crew were being attacked inside the cockpit.

Of course this is extremely worrying both for global aviation security, it's taking place at the same time as the Olympics. And I'm sure that the American public remember the TWA 800 incident where we had to carry out a simultaneous investigation at this time of the Atlanta Olympics as to whether or not TWA 800 was down by a bomb, a surface-to-air missile or by some malfunction onboard the aircraft.

COSTELLO: All interesting points you bring out. Philip Baum, editor of the "Aviation Security International," thank you for joining DAYBREAK this morning.

The Grand Ayatollah Ali al-Sistani, one of Iraq's most influential Shi'a leaders, has returned from medical treatment in England. It's hoped he can end the standoff in Najaf between Muqtada al-Sadr's militia members and U.S. and Iraqi forces.

Our Diana Muriel live in Baghdad this morning with more.

Hello -- Diana.

DIANA MURIEL, CNN CORRESPONDENT: Hello, Carol.

Yes, we've just had confirmation that in the past hour the Grand Ayatollah Ali al-Sistani has arrived back in Iraq. He's in Basra, a city in the south of the country, where we understand he's taking a rest. His supporters, his spokespeople have said that the grand ayatollah has called on all Iraqis to gather and go to Najaf, the holy city of Najaf, to -- quote -- "rescue it."

Najaf, of course, has been the scene of fierce fighting between U.S.-backed Iraqi forces and these Mehdi Militia, this group of fighters loyal to the junior but radical cleric Muqtada al-Sadr. The fighting has been going on there for nearly three weeks.

The grand ayatollah's representatives have tried to negotiate to have the keys of the holy shrine of Imam Ali, which is the center of the fighting. It's what the fighting is for control of. They have negotiated to try and get these keys, but they have not yet been handed over to representatives of the grand ayatollah.

Now that he is back in Iraq, perhaps the dynamic will change. Already we know of crowds gathering in Sadr City, which is a slum district to the north of Baghdad. Crowds gathering with the view to go to Najaf. It's 100 miles between Najaf and Baghdad. It's not clear how they are planning to get there. The march would be a very long and a very hot one. It may be that they'll be taken, they'll be transported there.

But the fighting in Najaf has continued. More bombardment overnight. Not clear what the targets were, but they were in the area around the old city, and the exits and entrances have now been sealed between the old city and the rest of Najaf with Iraqi police and U.S. forces manning those checkpoints.

Our crew on the ground have managed to get to those checkpoints. They say some journalists have managed to enter, but nobody else is being allowed into the shrine compound or to the shrine area. The people are not leaving, as they have been asked to do by the Iraqi authorities who went around the city on Tuesday with loudspeakers urging people to leave the shrine compound, warning them that they were going to seal these exits, all with a view (ph) to a final assault, a final assault that has not yet come -- Carol.

COSTELLO: And there's another hot spot in Iraq, too, this morning, Fallujah. What's the situation there -- Diana?

MURIEL: Well we've had confirmation from both U.S. forces and indeed CNN personnel on the ground in Fallujah that indeed there was an aerial bombardment of Fallujah. It started at around 8:00 in the morning and it concentrated on two areas to the east of the city, the Ascury District (ph) and the Cini District (ph).

The spokesperson for the 1st Marine Expeditionary Force there has confirmed that in response to and in response to insurgent fire, they are stressing that, they mounted an aerial bombardment using aircraft and artillery to bomb insurgent positions. This is the second night of bombardment there. On Tuesday, the U.S. forces there were saying that they mounted a precision aerial attack destroying a terrorist position, a specific attack, a specific target that they were successful in.

Today's bombing we know that there are three casualties have been brought to the Fallujah hospital. The doctors there believe that there are others. There could be fatalities, but they haven't yet arrived at the hospital in Fallujah -- Carol.

COSTELLO: Diana Muriel, live from Baghdad this morning, thank you.

Her days on the witness stand may finally be over, but did the prosecution's star witness live up to her star billing? In four minutes, we'll have the latest from the Scott Peterson trial.

Plus, coming up in nine minutes, in his bid for the White House, Presidential Candidate John Kerry endures a little good-natured ribbing. He was on the Jon Stewart show. We'll show you some excerpts.

And our e-mail "Question of the Day," Abu Ghraib, the case: should Donald Rumsfeld testify in the courts-martial? Send your e- mails to DAYBREAK@CNN.com.

But first, here's a look at what else is making news this Wednesday morning.

(COMMERCIAL BREAK)

COSTELLO: She spent seven days on the stand. Now Scott Peterson's former mistress, Amber Frey, has wrapped up her testimony in his murder trial.

As CNN's Ted Rowlands reports, the testimony got heated at times.

(BEGIN VIDEOTAPE) TED ROWLANDS, CNN CORRESPONDENT (voice-over): Amber Frey sounded hostile at times during the second day of defense cross-examination in the Scott Peterson murder trial. Frey repeatedly said, "I can't recall," to questions from defense attorney Mark Geragos.

Geragos pressed Frey to admit that Peterson never said "I love you" to her. Frey would not completely concede. Geragos asked, "In all of your conversations, did he ever say I love you?" To which Frey responded, "Not in those words."

Geragos tried painting Frey as the one who was obsessed in the relationship, pointing out that she sent out photos of her and Peterson in Christmas cards and that she had held onto a condom wrapper used by Peterson.

Frey did admit that she was surprised Peterson wasn't upset when she made this call telling Peterson she didn't want to talk to him anymore.

(BEGIN AUDIO CLIP)

AMBER FREY (on phone): I think it would be best if you and I didn't talk anymore, until there's resolution in this whole thing.

SCOTT PETERSON (on phone): Yes, I'd agree with that.

FREY: Good.

PETERSON: You're right.

FREY: Good. OK, well, that wasn't so hard.

(END AUDIO CLIP)

ROWLANDS: Amber Frey spent six days on the stand. Many courtroom observers believe she is the prosecution's strongest witness to date.

Outside court, Scott Peterson's sister downplayed Frey's significance.

JANEY PETERSON, SCOTT PETERSON'S SISTER: She testified to an affair. She testified to a man who was having an affair, whose wife went missing.

ROWLANDS: Mark Geragos told the court he may call Frey back to the stand during the defense case, but Frey's attorney, Gloria Allred, says she doesn't believe that will happen. But if it does, she says Frey will be ready.

(on camera): Amber Frey may be off the stand, but it is expected that jurors will hear more recorded conversations involving Scott Peterson later this week. The next witness on the stand for the prosecution is Steven Jacobson (ph), the individual who is responsible for the wiretaps of Scott Peterson's cell phones throughout the investigation. Ted Rowlands, CNN, Redwood City, California.

(END VIDEOTAPE)

COSTELLO: Your news, money, weather and sports. It is 5:45 Eastern. Here is what's all new this morning.

Terrorists are suspected in the downing of two Russian jetliners. The planes crashed within minutes of each other, killing as many as 94 people.

Civil rights activist Jesse Jackson is meeting with Libyan officials in Tripoli today. He wants Moammar Gadhafi's government to play a leadership role in resolving the conflict and humanitarian crisis in Sudan's Darfur region.

In money news, oil prices are up today. The slight rise ends a three-day losing streak, but analysts predict the market will start heading back down soon.

In culture, music icon Bob Dylan is about to bear it all. No, it's not that. He's publishing his memoirs. The first of a planned three-book series comes out this fall. Whew!

In sports, quarterback Quincy Carter is a Jet. New York has signed him as a back up to Chad Pennington. Carter was released three weeks ago by Dallas amidst reports he failed a drug test. So he found a home -- Chad.

MYERS: Now can I start singing once you're a jet, you're always a jet?

COSTELLO: Please, no.

(WEATHER REPORT)

COSTELLO: Thank you, Chad.

Those are the latest headlines for you.

Defense Secretary Donald Rumsfeld will not be in court for now when it comes to the Iraqi prisoner abuse scandal. A military judge says defense lawyers cannot call him to testify in the case of an accused U.S. soldier. The judge says defense lawyers did not closely link Rumsfeld to the scandal. But in a new report, a former defense secretary knows the scandal goes beyond the Abu Ghraib Prison.

(BEGIN VIDEO CLIP)

JAMES SCHLESINGER, FORMER DEFENSE SECRETARY: We believe that there is institutional and personal responsibility right up the chain of command as far as Washington is concerned.

(END VIDEO CLIP)

COSTELLO: A lawyer for accused soldier Javal Davis says Rumsfeld should be on the stand.

(BEGIN VIDEO CLIP)

PAUL BERGRIN, JAVAL DAVIS ATTORNEY: As I laid out in the courtroom, and I thought meticulously step by step, I thought that I unequivocally proved beyond any shadow of a doubt whatsoever that Rumsfeld had knowledge of the interrogation techniques in this case, that he approved of aggressive intelligence acquisition and that he was part and parcel of what led to the allegations at Abu Ghraib.

(END VIDEO CLIP)

COSTELLO: The judge says he might rethink his ruling if defense lawyers find more evidence linking Rumsfeld to the scandal. So our e- mail "Question of the Day," what do you think, should Rumsfeld be forced to testify?

And we've gotten a couple of hundred e-mails so far, and most of you say this. This is from Timothy (ph). He says yes, I think he should testify. As head of the whole operation, he had to have had some insight into the situation.

This from Bill in Chicago, if Rumsfeld doesn't testify, it would send a message that he has something to hide.

And this from Terry (ph) in Albuquerque, New Mexico, the secretary should take a page from Harry Truman's book, the buck stops here in testifying. That's assuming he's willing to tell the truth. Avoiding testifying suggests he has a lot to hide.

Keep the e-mail coming, DAYBREAK@CNN.com.

Janis Karpinski, the general in charge of the Abu Ghraib Prison at the time of the abuses, will be a guest on "AMERICAN MORNING." And you can catch that at 7:00 a.m. Eastern.

Well John Kerry made it to the front porch of "The Daily Show." He was campaigning in New York and made a stop at Comedy Central. Host Jon Stewart had Kerry laughing about the GOP attacks questioning his military service.

(BEGIN VIDEO CLIP)

JON STEWART, HOST, "THE DAILY SHOW": I watch a lot of the cable news shows, so I understand that apparently you were never in Vietnam.

(LAUGHTER)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: That's what I understand, too, but I'm trying to find out what happened to that part of my life.

STEWART: Now is it -- exactly. It's nice, though. I know 35 years ago I have friends that will come forward and say you did have cooties. You know that's what they'll say (ph).

(LAUGHTER)

STEWART: Is it hard not to take it personally?

KERRY: They have said that too, as a matter of fact.

STEWART: With you as well. Is it a difficult thing not to take personally when they come out and clearly your war record is, it's in the public files, so?

KERRY: You know what it is, Jon, it's disappointing, because I think most Americans would like to have a much more intelligent conversation about where the country is going.

(END VIDEO CLIP)

COSTELLO: Today two Vietnam vets, including Max Cleland, are delivering a protest letter to President Bush at his Texas ranch, asking him to condemn the ads. So far, President Bush has denounced all soft money ads.

Those surgery drinks you crave could cause more harm than good. In the next hour of DAYBREAK, our Lisa Drayer has some not-so-sweet news on sugar-sweetened beverages.

And life's a beach, especially if you bring home the gold. Highlights from the 2004 Summer Games ahead in a live report out of Athens.

This is DAYBREAK for a Wednesday.

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COSTELLO: They were going for the gold and along the way they stirred up a whole lot of national pride and became the darlings of the Olympic Games. Of course I'm talking about the Iraqi soccer team.

Larry Smith live in Athens for us with more on the soccer stars and all the other games from the -- and all the other news from the Games.

Good morning -- Larry.

LARRY SMITH, CNN CORRESPONDENT: Good morning to you, Carol.

Yes, you know just being here is a victory in itself. And instead of going for its nation's first-ever Olympic gold medal, the Iraqi men's soccer team instead will try for a bronze. Disappointing night last night on the pitches, Iraq fell to Paraguay 3 to 1 in the men's soccer semifinals, never leading in the match. Paraguay now meets Argentina in the gold medal match, assured of its nation's first Olympic medal. Iraqis will try for that country's second medal and first in 44 years versus Italy Friday in the bronze medal match.

Gold medal for the United States in beach volleyball, the dynamic duo of Kerri Walsh and Misty May struck gold without ever dropping a set in these games, beating Brazil for the title last night. Americans Holly McPeak and Elaine Youngs won bronze beating Australia.

A second gold medalist has been stripped of a title. Discus thrower Robert Fazekas of Hungary may decide to try to appeal his disqualification. The ILC punished him for tampering with a urine sample. Now the way this works, Carol, is that any time you win a medal, you must then submit to a drug test immediately following, and that is where this incident apparently occurred.

Let's go back to you.

COSTELLO: Larry Smith, live in Athens for us this morning, thank you.

It is hard to have a conversation about Olympic gymnastics without this name coming up, Bela Karolyi. Hear about his career coaching some of the world's best gymnasts on CNN's "LIVE FROM..." That's today at 3:00 p.m. Eastern with Kyra Phillips and Miles O'Brien.

We'll have more on the Summer Games in the next hour of DAYBREAK. We'll talk women's track.

Plus, as the situation in Najaf escalates, a powerful plea from one of Iraq's top clerics.

You are watching DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Two Russian airliners disappear from radar minutes apart. There are two crash sites this morning and dozens of people dead.

It is Wednesday, August 25. This is DAYBREAK.

And good morning to you from the CNN Global Headquarters in Atlanta, I'm Carol Costello.

"Now in the News."

One of Iraq's top clerics arrives back in Iraq from London and says the city of Najaf needs to be rescued, but Grand Ayatollah Ali al-Sistani isn't saying how he thinks that should happen. The cleric is asking all Iraqis to march on Najaf where U.S. and Iraqi forces have been battling insurgents.

The U.S. military hits hard in Fallujah too this morning. U.S. planes and tanks pounded insurgent positions in the city west of Baghdad. No word on casualties.

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