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Celebrating a Basic Function of Freedom in Iraq; Michael Jackson Goes on Camera

Aired January 31, 2005 - 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: Celebrating a basic function of freedom in Iraq. The votes are cast. Now the counting is underway.
This is decision day for a man on death row. After three delays, the question remains -- will this man die tonight?

And defending himself to the world -- Michael Jackson goes on camera. Could this last minute plea affect the start of his trial today?

It is Monday, January 31.

You are watching DAYBREAK.

And good morning to you.

From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

Now in the news, a deadly morning in Kuwait. There's been a shootout between security forces and Islamic militants. At least four militants and a Kuwaiti National Guardsman are dead. Several people have been arrested, including a man described as the leader of a terrorist cell.

A plea for unity from Iraq's interim leader this morning, a day after his country's national election. Ayad Allawi is calling on his people to set aside their differences. We'll take you live to Baghdad in just a couple of minutes.

Serial killer Michael Ross is scheduled to die tonight in Connecticut. It would be the state's first execution in 45 years. The execution was postponed from Saturday morning after Ross' lawyer cited a possible conflict of interest.

Two deaths in Georgia and one in South Carolina being blamed on the ice storm that hit the region over the weekend. Thousands of people still without power in Atlanta, while many North Carolina schools are penning late this morning. But the big meltdown has begun -- good morning, Chad.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

One thing that helped out Atlanta a little bit, even if you're driving around you would expect with an ice storm like that, you would expect to see just so many power lines down, so many tress down. It's not as bad as you would think because there was a lot of sleet. Sleet actually is what falls if the raindrop freezes before it hits the ground.

Yes, there was freezing rain mixed in, which means that the rain came down and then it froze at the surface. But when it comes down as a sleet pellet, you get a little more traction than when it comes down as what's just like a black ice, which you can drive a zamboni over.

(WEATHER REPORT)

COSTELLO: Courageous Iraqis have defeated terrorism -- those words from interim prime minister, Ayad Allawi. He spoke out about an hour ago, calling for Iraqis to unite as a country.

(BEGIN VIDEO CLIP)

AYAD ALLAWI, IRAQ'S INTERIM PRIME MINISTER: Yesterday the Iraqi people showed to the world their courage, their determination and their love of freedom. Yesterday, Iraqis poured out into the streets, their villages and their cities. They marched together in their millions as a national army, armed with the determination to live in freedom.

(END VIDEO CLIP)

COSTELLO: Allawi spoke of the insurgency, saying the terrorists now know that they cannot win.

It'll be some time, though, before we know what the results of the Iraqi election will be. Right now the ballots are still at the polling places. Eventually, they'll end up in Baghdad for the official count.

Jeff Koinange is in the capital city this morning.

JEFF KOINANGE, CNN CORRESPONDENT: Security across the city and across the country remained tight Monday, a day after millions of Iraqis turned up to vote for candidate of their choice for the first time in half a century. Millions of them lined up, defying terrorist attacks across this city and across the country, both waiting in line, sometimes up to hours, to cast their votes.

Security continues to be tight across this city. There's still a curfew in effect. Baghdad Airport remains closed and the borders are sealed.

The interim prime minister a short while ago held a press conference, where he, for the most part, said that Iraqis had defeated terrorism. He urged Iraqis of all races to unite against this evil.

Final results aren't expected for seven to 10 days, but Iraqis, for the most part, are just happy to have gone out and voted for the candidate of their choice, just happy to have crossed this tough hurdle.

Jeff Koinange, CNN, Baghdad. COSTELLO: For the Bush administration, the vote puts the world on notice that Iraq is making real progress toward a democratic future.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Today the people of Iraq have spoken to the world and the world is hearing the voice of freedom from the center of the Middle East. In great numbers and under great risk, Iraqis have shown their commitment to democracy.

(END VIDEO CLIP)

COSTELLO: CNN Radio's Dick Uliano covered the president's remarks and talked with expatriate Iraqis voting in Maryland.

He joins us now live from Washington -- good morning.

DICK ULIANO, CNN RADIO CORRESPONDENT: And a very good morning to you, Carol.

COSTELLO: Which do you want to talk about first, the president's remarks or the voting?

ULIANO: Well, having witnessed the voting in New Carrolton, Maryland, where about 2,000 Iraqi expatriates had registered, it is difficult to remember such a joyous event. These people were so happy, Carol, to have the opportunity to vote. One family drove down in a snow covered car with New Hampshire plates and the tag read "Karbala," which is the name of that Iraqi holy city. And the plate framed with the words "champion Red Sox" and the driver said he had taken his family 12 hours to get here. And he said he would drive three days if he had to for that chance to vote.

COSTELLO: You know, I just wonder, because many of those expatriates have been living in this country such a long time.

Will they eventually move back to Iraq?

ULIANO: Some expressed the notion that they might. Others like it here. But if you ask them where they're from, rather than saying Roanoke, Virginia or Newport News, where they're currently living, they say they are from Iraq. And they just say that one individual from Virginia told me that to them, yesterday was like Thanksgiving is to Americans or to Christmas, just a great gift and they're joyous at the opportunity.

COSTELLO: And you could certainly tell the president was pleased by the expression on his face during his remarks.

ULIANO: Absolutely.

COSTELLO: But he was also cautious, too, wasn't he, Dick?

ULIANO: Absolutely. You could see the president allowed himself a couple of small smiles as he addressed the nation yesterday from the White House. And while he called the election a resounding success, the president also cautioned that he expects terrorists and insurgents to continue the fight. And he vowed that the Iraqis will continue to have the support of the United States.

But he said that the Iraqis have chosen a future of freedom and peace.

COSTELLO: Dick Uliano reporting live from Washington.

Thank you, Dick.

Call it a prebuttal. Later this morning in Washington, Democrats will try to head President Bush off at the pass. The Democratic House and Senate leaders will deliver a prebuttal to the State of the Union. Senate Minority Leader Harry Reid is calling for an exit strategy in Iraq. House Democratic Leader Nancy Pelosi vows lasting opposition to Social Security cuts.

As always, you can count on CNN for live coverage when the president delivers his second State of the Union. That will come your way on Wednesday night.

And in the meantime, the battle for the Democratic chairmanship rages on. A hurdle has been tossed into Howard Dean's quest to become Democratic Party chairman. The executive committee of the state party leaders voted to endorse rival candidate Donny Fowler. Now, he's a veteran Democratic activist and the son of a former DNC chair. State leaders will battle it out in a conference call this morning.

In more News Across America, Indiana police hope an autopsy scheduled for today can shed some light on the death of a 10-year-old girl. The body of Katie Collman was found in a stream in Crothersville, Indiana. She'd been missing five days earlier and police believe she accepted a ride from a young man in a truck.

Two toddlers are being blamed for a building fire that claimed the lives of three young girls. The girls were all under the age of six. Fire officials say the boys, ages two and three, accidentally started the fire while playing with a lighter.

Four people were killed in a violent bus crash in western New York. The charter bus was carrying a Canadian woman's hockey team and some family members. The bus cracked in half after veering off the road and hitting a parked tractor-trailer. Three passengers from the bus are in intensive care. The cause of the crash still under investigation.

Straight ahead on DAYBREAK this hour, the bull or the bear -- which one will rear its head on Wall Street? We'll give you some tips.

Plus, Michael Jackson's trial hasn't even kicked off yet, but he's already defending himself.

And gunfire in the streets of Kuwait. Militants and police clash. We'll get you a live report. But first, here's a look at what else is making news this Monday morning, January 31.

(COMMERCIAL BREAK)

COSTELLO: Connecticut again poised to carry out New England's first execution in more than four decades. Confessed killer Michael Ross was supposed to be executed over the weekend, but there was a last minute delay.

Reporter Michael Herzenberg of our affiliate station WTNH has more for you.

(BEGIN VIDEO TAPE)

RICHARD BLUMENTHAL, CONNECTICUT ATTORNEY GENERAL: We are essentially back to where we were at 10:00 p.m. on Friday evening.

MICHAEL HERZENBERG, WTNH CORRESPONDENT (voice-over): Attorney General Richard Blumenthal says it looks like the state will execute serial killer Michael Ross Monday night at 9:00.

BLUMENTHAL: The legal obstacles have been removed. All of the relevant and credible legal issues have been answered.

HERZENBERG: Saturday morning, less than two hours before the state's first execution in 45 years, Michael Ross' lawyer, T.R. Paulding, asked for a delay to examine a possible conflict of interest. Friday, a federal judge threatened to take Paulding's law license. The issue, letters like this one, written by a former inmate, claiming Ross is not competent to deny his right to appeal.

MICHAEL FITZPATRICK, PRESIDENT, CONNECTICUT CRIMINAL DEFENSE LAWYERS ASSOCIATION: What Judge Chatigny is suggesting in this instance, in some very strong terms, is that perhaps there are some issues that T.R. Paulding (AUDIO GAP) behoove him, over the next few days, to run these issues to the ground.

HERZENBERG: Michael Fitzpatrick represented Ross in the past and is president of the Connecticut Criminal Defense Lawyers Association.

FITZPATRICK: I can only assume, given his reputation amongst the members of the bar that he has thoroughly satisfied himself that Mr. Ross has made a rational decision. I'm not so sure that Paulding has resolved his conflict of interest.

HERZENBERG: Attorneys for Michael Ross' dad, Dan Ross, saying they will continue to fight for Michael Ross' life. While courts have ruled Michael Ross competent to make his own decision, they say the competency hearings were not adversarial.

UNIDENTIFIED MALE: Non-adversarial. Non-meaningful.

HERZENBERG (on camera): Why not?

UNIDENTIFIED MALE: It was a love fest between the state's attorneys office and the attorney hired to represent Michael Ross, in which there was no butting of heads, no adversarial position involved.

(END VIDEO TAPE)

COSTELLO: There could be yet another delay today. The "Hartford Courant" is reporting Ross' lawyer is expected to file papers that could lead to another evaluation of Ross' mental competence.

COSTELLO: Your news, money, weather and sports.

It's 6:14 Eastern.

Here's what's all new this morning.

Counting the votes, that's what Iraqis are doing this morning, a day after their historic election. Official results are expected within 10 days.

Strong words this morning from a former U.S. soldier who deserted to North Korea 40 years ago. Charles Jenkins calls North Korea's leader an evil man. Jenkins moved to Japan last year after the U.S. military briefly jailed him.

In money news, SBC Communications is buying AT&T for around $16 billion. The deal will create the nation's biggest telecommunications company. SBC, you'll remember, was born out of the 1984 decision to break up AT&T.

In culture, "Hide and Seek" found success at the box office. The horror flick starring Robert De Niro was tops with moviegoers over the weekend, with $22 million.

In sports, it looks like Sammy Sosa is heading out of Chicago. The Cubs and the Baltimore Orioles agreed on a trade for the slugger, but the deal still needs the commissioner's approval. Sosa is seventh on the all time home run list.

To the forecast center and Chad.

MYERS: And good morning, Carol.

(WEATHER REPORT)

COSTELLO: Time now for a little "Business Buzz."

It's been a rough month for stocks so far and what does that tell us about the rest of the year?

Carrie Lee is live at the Nasdaq market site to explain the January barometer -- good morning.

CARRIE LEE, CNN CORRESPONDENT: That's right, Carol.

Now, last week the markets did end positive after three weeks of losses. But still, the S&P 500 lost 3.3 percent during January, and that could bode poorly for the remainder of the year. According to the "Stock Trader's Almanac," which tracks things like this, the January barometer has correctly predicted the direction of the markets in 44 of the past 55 years, prompting the slogan "as goes January, so goes the year."

There have only been five big errors during the span. In recent history, in 2001, the markets were up in January, but fell as a result of the September 11 attacks. And then in 2003, the markets had a weak January due to concerns about the Iraqi war, but rallied and finished higher on the year. There are still 11 months to go this year, of course, so we'll see what happens.

A lot of investors and institutional investors did put money into the markets in January, but just not enough to get things going.

Meanwhile, this morning, on the last trade day of the month, futures are looking very strong, especially for technology issues. It looks like the Iraq elections yesterday went pretty smoothly. That's helping things.

One stock to watch today, ExxonMobil, one of the Dow 30. Wall Street looking for $1.07 in profits versus $0.68 a year ago according to First Call.

Carol, that's the latest.

I'll have more in about 30 minutes on the SBC Communications-AT&T merger, coming up.

COSTELLO: Oh, yes. We'll be here for that.

Carrie Lee, thank you.

Coming up, we've got the legal lowdown as the Michael Jackson trial is set to start. Our analyst Kendall Coffey offers some thoughts on the trial and on Jackson's videotaped statement to his fans. You're looking at it right now.

Also, a look at how Iraqis both in Iraq and around the world celebrated their chance to vote.

All that and much more still ahead on DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: A beautiful and warmer New York City this morning. We're going all the way up to 34 degrees, and believe me, that'll feel like 70 compared to what it has been.

Vindicated -- that's what Michael Jackson is saying about his trial. It starts in a few hours, but he's already fighting. He released a videotaped statement on his Web site claiming he's been set up by a greedy family.

Here's more.

(BEGIN VIDEO CLIP) MICHAEL JACKSON, ENTERTAINER: Through the years, I have helped thousands of children who were ill or in distress. These events have caused a nightmare for my family, my children and me. I never intend to place myself in so vulnerable a position ever again. I love my community and I have great faith in our justice system. Please keep an open mind and let me have my day in court. I deserve a fair trial like every other American citizen. I will be acquitted and vindicated when the truth is told.

Thank you.

(END VIDEO CLIP)

COSTELLO: Our legal analyst, Kendall Coffey, is here for some analysis -- good morning, Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: So, was it a good idea to make this videotape?

COFFEY: Well, he's playing to his fan base because, let's face it, Martha Stewart pioneered in the "I am innocent" Web site and she is currently a guest of the federal taxpayers in West Virginia.

COSTELLO: You talk about fan base and jury selection and it just seems impossible to seat an impartial one. There are those who still idolize Jackson.

We want you to listen to this kindergarten teacher who actually quit her job to support Jackson.

(BEGIN VIDEO CLIP)

SHERRI WILLIAMS, JACKSON SUPPORTER: I resigned from my 13-year career as a kindergarten teacher to move out here specifically for his trial, because there's nothing more important than you're trying to take a man's life. This isn't a concert, this is not a circus, this is not Michael coming to town to do a public appearance. This is you're trying to take his life away and there's nothing more important than that. The D.A. knows it's a lie. He tried to help this family piece together a lie. He knows...

QUESTION: (UNINTELLIGIBLE)?

WILLIAMS: That's right. He knows there's a history of a con artist family and he knows they're lying, but he's let it go on this long.

(END VIDEO CLIP)

COSTELLO: So that's what Michael Jackson is speaking to in making this videotape and while this woman's, I don't know, situation is extreme, I mean does the defense want those kinds of people on the jury?

COFFEY: Well, the defense isn't going to get a whole lot of Michael Jackson fans on the jury. And as you say, Carol, it really underscores the extraordinary dimensions of the challenge of getting 12 impartial people. Michael Jackson is one of the most famous people nationally and internationally ever to sit on trial -- decades of celebrity, some recent years of notoriety. There are going to be very strong feelings about him before the first juror is sworn into this case.

COSTELLO: So what kinds of people will the defense want on this jury?

COFFEY: Well, they're going to want Michael Jackson fans, if they can get any. And in particular, they are going to be concerned about people who simply can't deal well with these allegations. These kind of allegations horrify people. And one of the things the defense is going to focus on is can you be fair to somebody who's kind of strange, who says that he thinks it's OK to sleep with small children?

They're also going to have to deal with the fact that there may have been a lot of adult materials seized on there, try to make sure that the jurors can separate out these kind of things and still keep an open mind as to whether he molested the alleged victims that he's on trial in this particular case.

COSTELLO: Well, let's talk about who prosecutors will want on the jury.

COFFEY: Well, the prosecutors are fine with most everybody. The people they want to avoid are people that have had negative experiences with law enforcement -- run-ins, things like that, with the law; people, obviously, that are Michael Jackson fans; and also, Carol, people that have trouble believing teenage witnesses. In some respects, this is going to be an adult said/child said. And it's going to be very important to get -- from the prosecution's standpoint -- people that will fully accept what 14 and 15-year-olds have to say, even if an adult takes the stand to contradict them.

COSTELLO: You know what would be the toughest part for me, Kendall, if I were serving on this jury, is just the sight of Michael Jackson sitting in court the way he looks now.

COFFEY: How do you get past that from the defense? He seems so strange. But they have to somehow turn it around into a positive and say yes, of course he's strange. He didn't hide what he was. But it was a strange innocent Peter Pan, not a strange child molester, that is the real Michael Jackson.

COSTELLO: Kendall Coffey live in Miami this morning.

COFFEY: Hey, thanks, Carol.

COSTELLO: You're welcome.

Time now for more court news in our DAYBREAK "Legal Briefs."

The anti-depressant drug Zoloft is at the center of a double murder trial set to begin today in South Carolina. Fifteen-year-old Christopher Pittman is facing two counts of murder for killing his grandparents more than three years ago. His lawyers contend Zoloft caused hallucinations and drove him to kill. Pittman is being tried as an adult.

A sentencing hearing today in Georgia for a former crematory operator, Ray Brent Marsh. He is expected to get up to 12 years in prison for dumping more than 300 corpses on his rural property and then passing off cement dust as their remains. Testimony is expected from dozens of relatives whose loved ones were dumped.

The man at the center of the steroid sports scandals is due in federal court tomorrow. BALCO founder Victor Conti is expected to answer questions about leaked grand jury testimony. The "San Francisco Chronicle" newspaper printed details of the grand jury's investigations in the BALCO steroids case.

Deadly clashes in Kuwait this morning. Militants and police shoot it out on the streets and both sides suffer casualties. We'll take you live to Kuwait for the latest, right after the break.

(COMMERCIAL BREAK)

COSTELLO: Good morning.

Welcome to the last half hour of DAYBREAK.

From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

Now in the news, a plea for unity from Iraq's interim leader this morning a day after his country's national election. Ayad Allawi is calling on his people to set aside their differences. More on the Iraqi election straight ahead.

Taking it to the streets -- tens of thousands of Jewish settlers demonstrated in Jerusalem. They say Israeli Prime Minister Ariel Sharon has no right to dismantle settlements in Gaza or the West Bank without holding a referendum.

A new identification program begins today for truckers. The government wants to do background checks and get fingerprints from truckers who haul hazardous materials. But it could take up to five years to process all 2.7 million truckers.

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 January 31, 2005 - 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: Celebrating a basic function of freedom in Iraq. The votes are cast. Now the counting is underway.
This is decision day for a man on death row. After three delays, the question remains -- will this man die tonight?

And defending himself to the world -- Michael Jackson goes on camera. Could this last minute plea affect the start of his trial today?

It is Monday, January 31.

You are watching DAYBREAK.

And good morning to you.

From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

Now in the news, a deadly morning in Kuwait. There's been a shootout between security forces and Islamic militants. At least four militants and a Kuwaiti National Guardsman are dead. Several people have been arrested, including a man described as the leader of a terrorist cell.

A plea for unity from Iraq's interim leader this morning, a day after his country's national election. Ayad Allawi is calling on his people to set aside their differences. We'll take you live to Baghdad in just a couple of minutes.

Serial killer Michael Ross is scheduled to die tonight in Connecticut. It would be the state's first execution in 45 years. The execution was postponed from Saturday morning after Ross' lawyer cited a possible conflict of interest.

Two deaths in Georgia and one in South Carolina being blamed on the ice storm that hit the region over the weekend. Thousands of people still without power in Atlanta, while many North Carolina schools are penning late this morning. But the big meltdown has begun -- good morning, Chad.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

One thing that helped out Atlanta a little bit, even if you're driving around you would expect with an ice storm like that, you would expect to see just so many power lines down, so many tress down. It's not as bad as you would think because there was a lot of sleet. Sleet actually is what falls if the raindrop freezes before it hits the ground.

Yes, there was freezing rain mixed in, which means that the rain came down and then it froze at the surface. But when it comes down as a sleet pellet, you get a little more traction than when it comes down as what's just like a black ice, which you can drive a zamboni over.

(WEATHER REPORT)

COSTELLO: Courageous Iraqis have defeated terrorism -- those words from interim prime minister, Ayad Allawi. He spoke out about an hour ago, calling for Iraqis to unite as a country.

(BEGIN VIDEO CLIP)

AYAD ALLAWI, IRAQ'S INTERIM PRIME MINISTER: Yesterday the Iraqi people showed to the world their courage, their determination and their love of freedom. Yesterday, Iraqis poured out into the streets, their villages and their cities. They marched together in their millions as a national army, armed with the determination to live in freedom.

(END VIDEO CLIP)

COSTELLO: Allawi spoke of the insurgency, saying the terrorists now know that they cannot win.

It'll be some time, though, before we know what the results of the Iraqi election will be. Right now the ballots are still at the polling places. Eventually, they'll end up in Baghdad for the official count.

Jeff Koinange is in the capital city this morning.

JEFF KOINANGE, CNN CORRESPONDENT: Security across the city and across the country remained tight Monday, a day after millions of Iraqis turned up to vote for candidate of their choice for the first time in half a century. Millions of them lined up, defying terrorist attacks across this city and across the country, both waiting in line, sometimes up to hours, to cast their votes.

Security continues to be tight across this city. There's still a curfew in effect. Baghdad Airport remains closed and the borders are sealed.

The interim prime minister a short while ago held a press conference, where he, for the most part, said that Iraqis had defeated terrorism. He urged Iraqis of all races to unite against this evil.

Final results aren't expected for seven to 10 days, but Iraqis, for the most part, are just happy to have gone out and voted for the candidate of their choice, just happy to have crossed this tough hurdle.

Jeff Koinange, CNN, Baghdad. COSTELLO: For the Bush administration, the vote puts the world on notice that Iraq is making real progress toward a democratic future.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Today the people of Iraq have spoken to the world and the world is hearing the voice of freedom from the center of the Middle East. In great numbers and under great risk, Iraqis have shown their commitment to democracy.

(END VIDEO CLIP)

COSTELLO: CNN Radio's Dick Uliano covered the president's remarks and talked with expatriate Iraqis voting in Maryland.

He joins us now live from Washington -- good morning.

DICK ULIANO, CNN RADIO CORRESPONDENT: And a very good morning to you, Carol.

COSTELLO: Which do you want to talk about first, the president's remarks or the voting?

ULIANO: Well, having witnessed the voting in New Carrolton, Maryland, where about 2,000 Iraqi expatriates had registered, it is difficult to remember such a joyous event. These people were so happy, Carol, to have the opportunity to vote. One family drove down in a snow covered car with New Hampshire plates and the tag read "Karbala," which is the name of that Iraqi holy city. And the plate framed with the words "champion Red Sox" and the driver said he had taken his family 12 hours to get here. And he said he would drive three days if he had to for that chance to vote.

COSTELLO: You know, I just wonder, because many of those expatriates have been living in this country such a long time.

Will they eventually move back to Iraq?

ULIANO: Some expressed the notion that they might. Others like it here. But if you ask them where they're from, rather than saying Roanoke, Virginia or Newport News, where they're currently living, they say they are from Iraq. And they just say that one individual from Virginia told me that to them, yesterday was like Thanksgiving is to Americans or to Christmas, just a great gift and they're joyous at the opportunity.

COSTELLO: And you could certainly tell the president was pleased by the expression on his face during his remarks.

ULIANO: Absolutely.

COSTELLO: But he was also cautious, too, wasn't he, Dick?

ULIANO: Absolutely. You could see the president allowed himself a couple of small smiles as he addressed the nation yesterday from the White House. And while he called the election a resounding success, the president also cautioned that he expects terrorists and insurgents to continue the fight. And he vowed that the Iraqis will continue to have the support of the United States.

But he said that the Iraqis have chosen a future of freedom and peace.

COSTELLO: Dick Uliano reporting live from Washington.

Thank you, Dick.

Call it a prebuttal. Later this morning in Washington, Democrats will try to head President Bush off at the pass. The Democratic House and Senate leaders will deliver a prebuttal to the State of the Union. Senate Minority Leader Harry Reid is calling for an exit strategy in Iraq. House Democratic Leader Nancy Pelosi vows lasting opposition to Social Security cuts.

As always, you can count on CNN for live coverage when the president delivers his second State of the Union. That will come your way on Wednesday night.

And in the meantime, the battle for the Democratic chairmanship rages on. A hurdle has been tossed into Howard Dean's quest to become Democratic Party chairman. The executive committee of the state party leaders voted to endorse rival candidate Donny Fowler. Now, he's a veteran Democratic activist and the son of a former DNC chair. State leaders will battle it out in a conference call this morning.

In more News Across America, Indiana police hope an autopsy scheduled for today can shed some light on the death of a 10-year-old girl. The body of Katie Collman was found in a stream in Crothersville, Indiana. She'd been missing five days earlier and police believe she accepted a ride from a young man in a truck.

Two toddlers are being blamed for a building fire that claimed the lives of three young girls. The girls were all under the age of six. Fire officials say the boys, ages two and three, accidentally started the fire while playing with a lighter.

Four people were killed in a violent bus crash in western New York. The charter bus was carrying a Canadian woman's hockey team and some family members. The bus cracked in half after veering off the road and hitting a parked tractor-trailer. Three passengers from the bus are in intensive care. The cause of the crash still under investigation.

Straight ahead on DAYBREAK this hour, the bull or the bear -- which one will rear its head on Wall Street? We'll give you some tips.

Plus, Michael Jackson's trial hasn't even kicked off yet, but he's already defending himself.

And gunfire in the streets of Kuwait. Militants and police clash. We'll get you a live report. But first, here's a look at what else is making news this Monday morning, January 31.

(COMMERCIAL BREAK)

COSTELLO: Connecticut again poised to carry out New England's first execution in more than four decades. Confessed killer Michael Ross was supposed to be executed over the weekend, but there was a last minute delay.

Reporter Michael Herzenberg of our affiliate station WTNH has more for you.

(BEGIN VIDEO TAPE)

RICHARD BLUMENTHAL, CONNECTICUT ATTORNEY GENERAL: We are essentially back to where we were at 10:00 p.m. on Friday evening.

MICHAEL HERZENBERG, WTNH CORRESPONDENT (voice-over): Attorney General Richard Blumenthal says it looks like the state will execute serial killer Michael Ross Monday night at 9:00.

BLUMENTHAL: The legal obstacles have been removed. All of the relevant and credible legal issues have been answered.

HERZENBERG: Saturday morning, less than two hours before the state's first execution in 45 years, Michael Ross' lawyer, T.R. Paulding, asked for a delay to examine a possible conflict of interest. Friday, a federal judge threatened to take Paulding's law license. The issue, letters like this one, written by a former inmate, claiming Ross is not competent to deny his right to appeal.

MICHAEL FITZPATRICK, PRESIDENT, CONNECTICUT CRIMINAL DEFENSE LAWYERS ASSOCIATION: What Judge Chatigny is suggesting in this instance, in some very strong terms, is that perhaps there are some issues that T.R. Paulding (AUDIO GAP) behoove him, over the next few days, to run these issues to the ground.

HERZENBERG: Michael Fitzpatrick represented Ross in the past and is president of the Connecticut Criminal Defense Lawyers Association.

FITZPATRICK: I can only assume, given his reputation amongst the members of the bar that he has thoroughly satisfied himself that Mr. Ross has made a rational decision. I'm not so sure that Paulding has resolved his conflict of interest.

HERZENBERG: Attorneys for Michael Ross' dad, Dan Ross, saying they will continue to fight for Michael Ross' life. While courts have ruled Michael Ross competent to make his own decision, they say the competency hearings were not adversarial.

UNIDENTIFIED MALE: Non-adversarial. Non-meaningful.

HERZENBERG (on camera): Why not?

UNIDENTIFIED MALE: It was a love fest between the state's attorneys office and the attorney hired to represent Michael Ross, in which there was no butting of heads, no adversarial position involved.

(END VIDEO TAPE)

COSTELLO: There could be yet another delay today. The "Hartford Courant" is reporting Ross' lawyer is expected to file papers that could lead to another evaluation of Ross' mental competence.

COSTELLO: Your news, money, weather and sports.

It's 6:14 Eastern.

Here's what's all new this morning.

Counting the votes, that's what Iraqis are doing this morning, a day after their historic election. Official results are expected within 10 days.

Strong words this morning from a former U.S. soldier who deserted to North Korea 40 years ago. Charles Jenkins calls North Korea's leader an evil man. Jenkins moved to Japan last year after the U.S. military briefly jailed him.

In money news, SBC Communications is buying AT&T for around $16 billion. The deal will create the nation's biggest telecommunications company. SBC, you'll remember, was born out of the 1984 decision to break up AT&T.

In culture, "Hide and Seek" found success at the box office. The horror flick starring Robert De Niro was tops with moviegoers over the weekend, with $22 million.

In sports, it looks like Sammy Sosa is heading out of Chicago. The Cubs and the Baltimore Orioles agreed on a trade for the slugger, but the deal still needs the commissioner's approval. Sosa is seventh on the all time home run list.

To the forecast center and Chad.

MYERS: And good morning, Carol.

(WEATHER REPORT)

COSTELLO: Time now for a little "Business Buzz."

It's been a rough month for stocks so far and what does that tell us about the rest of the year?

Carrie Lee is live at the Nasdaq market site to explain the January barometer -- good morning.

CARRIE LEE, CNN CORRESPONDENT: That's right, Carol.

Now, last week the markets did end positive after three weeks of losses. But still, the S&P 500 lost 3.3 percent during January, and that could bode poorly for the remainder of the year. According to the "Stock Trader's Almanac," which tracks things like this, the January barometer has correctly predicted the direction of the markets in 44 of the past 55 years, prompting the slogan "as goes January, so goes the year."

There have only been five big errors during the span. In recent history, in 2001, the markets were up in January, but fell as a result of the September 11 attacks. And then in 2003, the markets had a weak January due to concerns about the Iraqi war, but rallied and finished higher on the year. There are still 11 months to go this year, of course, so we'll see what happens.

A lot of investors and institutional investors did put money into the markets in January, but just not enough to get things going.

Meanwhile, this morning, on the last trade day of the month, futures are looking very strong, especially for technology issues. It looks like the Iraq elections yesterday went pretty smoothly. That's helping things.

One stock to watch today, ExxonMobil, one of the Dow 30. Wall Street looking for $1.07 in profits versus $0.68 a year ago according to First Call.

Carol, that's the latest.

I'll have more in about 30 minutes on the SBC Communications-AT&T merger, coming up.

COSTELLO: Oh, yes. We'll be here for that.

Carrie Lee, thank you.

Coming up, we've got the legal lowdown as the Michael Jackson trial is set to start. Our analyst Kendall Coffey offers some thoughts on the trial and on Jackson's videotaped statement to his fans. You're looking at it right now.

Also, a look at how Iraqis both in Iraq and around the world celebrated their chance to vote.

All that and much more still ahead on DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: A beautiful and warmer New York City this morning. We're going all the way up to 34 degrees, and believe me, that'll feel like 70 compared to what it has been.

Vindicated -- that's what Michael Jackson is saying about his trial. It starts in a few hours, but he's already fighting. He released a videotaped statement on his Web site claiming he's been set up by a greedy family.

Here's more.

(BEGIN VIDEO CLIP) MICHAEL JACKSON, ENTERTAINER: Through the years, I have helped thousands of children who were ill or in distress. These events have caused a nightmare for my family, my children and me. I never intend to place myself in so vulnerable a position ever again. I love my community and I have great faith in our justice system. Please keep an open mind and let me have my day in court. I deserve a fair trial like every other American citizen. I will be acquitted and vindicated when the truth is told.

Thank you.

(END VIDEO CLIP)

COSTELLO: Our legal analyst, Kendall Coffey, is here for some analysis -- good morning, Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Good morning, Carol.

COSTELLO: So, was it a good idea to make this videotape?

COFFEY: Well, he's playing to his fan base because, let's face it, Martha Stewart pioneered in the "I am innocent" Web site and she is currently a guest of the federal taxpayers in West Virginia.

COSTELLO: You talk about fan base and jury selection and it just seems impossible to seat an impartial one. There are those who still idolize Jackson.

We want you to listen to this kindergarten teacher who actually quit her job to support Jackson.

(BEGIN VIDEO CLIP)

SHERRI WILLIAMS, JACKSON SUPPORTER: I resigned from my 13-year career as a kindergarten teacher to move out here specifically for his trial, because there's nothing more important than you're trying to take a man's life. This isn't a concert, this is not a circus, this is not Michael coming to town to do a public appearance. This is you're trying to take his life away and there's nothing more important than that. The D.A. knows it's a lie. He tried to help this family piece together a lie. He knows...

QUESTION: (UNINTELLIGIBLE)?

WILLIAMS: That's right. He knows there's a history of a con artist family and he knows they're lying, but he's let it go on this long.

(END VIDEO CLIP)

COSTELLO: So that's what Michael Jackson is speaking to in making this videotape and while this woman's, I don't know, situation is extreme, I mean does the defense want those kinds of people on the jury?

COFFEY: Well, the defense isn't going to get a whole lot of Michael Jackson fans on the jury. And as you say, Carol, it really underscores the extraordinary dimensions of the challenge of getting 12 impartial people. Michael Jackson is one of the most famous people nationally and internationally ever to sit on trial -- decades of celebrity, some recent years of notoriety. There are going to be very strong feelings about him before the first juror is sworn into this case.

COSTELLO: So what kinds of people will the defense want on this jury?

COFFEY: Well, they're going to want Michael Jackson fans, if they can get any. And in particular, they are going to be concerned about people who simply can't deal well with these allegations. These kind of allegations horrify people. And one of the things the defense is going to focus on is can you be fair to somebody who's kind of strange, who says that he thinks it's OK to sleep with small children?

They're also going to have to deal with the fact that there may have been a lot of adult materials seized on there, try to make sure that the jurors can separate out these kind of things and still keep an open mind as to whether he molested the alleged victims that he's on trial in this particular case.

COSTELLO: Well, let's talk about who prosecutors will want on the jury.

COFFEY: Well, the prosecutors are fine with most everybody. The people they want to avoid are people that have had negative experiences with law enforcement -- run-ins, things like that, with the law; people, obviously, that are Michael Jackson fans; and also, Carol, people that have trouble believing teenage witnesses. In some respects, this is going to be an adult said/child said. And it's going to be very important to get -- from the prosecution's standpoint -- people that will fully accept what 14 and 15-year-olds have to say, even if an adult takes the stand to contradict them.

COSTELLO: You know what would be the toughest part for me, Kendall, if I were serving on this jury, is just the sight of Michael Jackson sitting in court the way he looks now.

COFFEY: How do you get past that from the defense? He seems so strange. But they have to somehow turn it around into a positive and say yes, of course he's strange. He didn't hide what he was. But it was a strange innocent Peter Pan, not a strange child molester, that is the real Michael Jackson.

COSTELLO: Kendall Coffey live in Miami this morning.

COFFEY: Hey, thanks, Carol.

COSTELLO: You're welcome.

Time now for more court news in our DAYBREAK "Legal Briefs."

The anti-depressant drug Zoloft is at the center of a double murder trial set to begin today in South Carolina. Fifteen-year-old Christopher Pittman is facing two counts of murder for killing his grandparents more than three years ago. His lawyers contend Zoloft caused hallucinations and drove him to kill. Pittman is being tried as an adult.

A sentencing hearing today in Georgia for a former crematory operator, Ray Brent Marsh. He is expected to get up to 12 years in prison for dumping more than 300 corpses on his rural property and then passing off cement dust as their remains. Testimony is expected from dozens of relatives whose loved ones were dumped.

The man at the center of the steroid sports scandals is due in federal court tomorrow. BALCO founder Victor Conti is expected to answer questions about leaked grand jury testimony. The "San Francisco Chronicle" newspaper printed details of the grand jury's investigations in the BALCO steroids case.

Deadly clashes in Kuwait this morning. Militants and police shoot it out on the streets and both sides suffer casualties. We'll take you live to Kuwait for the latest, right after the break.

(COMMERCIAL BREAK)

COSTELLO: Good morning.

Welcome to the last half hour of DAYBREAK.

From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

Now in the news, a plea for unity from Iraq's interim leader this morning a day after his country's national election. Ayad Allawi is calling on his people to set aside their differences. More on the Iraqi election straight ahead.

Taking it to the streets -- tens of thousands of Jewish settlers demonstrated in Jerusalem. They say Israeli Prime Minister Ariel Sharon has no right to dismantle settlements in Gaza or the West Bank without holding a referendum.

A new identification program begins today for truckers. The government wants to do background checks and get fingerprints from truckers who haul hazardous materials. But it could take up to five years to process all 2.7 million truckers.

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