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Haitian Rebels Declare Victory; Police: Profound Development in Missing Family Case; Kobe Bryant Accuser in Court Today; U.N. Works to Stabilize Haiti; Closing Arguments Given in Martha Stewart Case

Aired March 01, 2004 - 13:00   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.


MILES O'BRIEN, ANCHOR: From the CNN Center in Atlanta, I'm Miles O'Brien.
KYRA PHILLIPS, ANCHOR: I'm Kyra Phillips. It's Monday, March 1. CNN's LIVE FROM starts right now.

O'BRIEN: Aristide in exile. Marines on the march. Haitian rebels on a role through a jubilant Port-au-Prince.

The anti-Aristide forces who took northern Haiti by force swept into the capital unopposed today, and that's an understatement. Their so-called victory caravan was mobbed by cheering throngs as it made the round of police stations, while steering clear of the presidential palace.

U.S. Marines are stationed there and at the airport, where hundreds more of their comrades will soon be arriving.

We're all over this story with the latest developments with CNN's Lucia Newman in Port-au-Prince and Richard Roth at U.N. headquarters in New York.

Lucia, we begin with you.

LUCIA NEWMAN, CNN CORRESPONDENT: Hello.

Well, indeed the boys are back in town. Not only the U.S. Marines but also the rebels, as you mentioned.

They came into the town today, led by Guy Phillipe, a former police officer as well as Louis Jodel Chamblain, a former paramilitary and death squad leader.

The same people, at least in the case of Chamblain, that the U.S. Marines had come into Haiti a decade ago to get rid of, to restore President Aristide to power.

But as we know now, President Aristide is again gone. The Marines are here, trying to restore order.

Now, the rebels came within a half a block from the presidential palace. They stood at the general police headquarters. They were mobbed by thousands of people who were cheering and embracing them.

But right across the street were the Marines. They had already gone inside the presidential palace to secure that important part of the -- symbol, rather, of this country, of this nation and of democracy.

The palace had been looted after President Aristide had left, Miles.

At the moment, it is fairly calm here. Every once in awhile, you see people marching around, students, everyone else cheering, claiming that now that -- that Haiti is free again.

Although, Miles, I have to say not everybody here is so happy about this. In poorer parts of town or rather in the poorest areas of town, where the rebels have not gone, there is a lot of fear, a lot of fear that there could be revenge killings.

There are many people still in this country that supported President Aristide and who are afraid now that they will be hunted down, that there will be sort of revenge taken against them.

There are a lot of political passions still here. They are inflamed. People are very upset about what has happened. And, really, the interim government that was sworn in yesterday has not really made its appearance on the scene yet -- Miles.

O'BRIEN: Lucia yesterday, when Guy Phillipe dialed in Wolf Blitzer and gave an exclusive interview to CNN, he denied that he was interested in assuming the palace, in other words, assuming the presidency.

Are we to take that at face value, or you do suspect that he does have some motivation or desire to run the country?

NEWMAN: Motivation, yes, he has. It may not be to go to the presidential palace, but he has made it very clear that his men, who helped convince President Aristide that he had to resign want something in return. And that is the reinstatement of the Haitian army, in which they want to participate.

Remember that the Haitian army was disbanded a decade ago after the United States and other countries helped restore President Aristide to power. Now they want that army back -- Miles.

O'BRIEN: What would be the implications of that, Lucia? I mean, if you had all of these factions, and suddenly this group is fully represented and fully armed. That obviously tilts the balance of power there.

And are we off to another chapter of dictatorship in Haiti?

NEWMAN: Well, that is, of course, the very, very big fear here. Precisely.

I mean, some of these people are the very, very same people that had a dreadful track record of human rights violations, of coups d'etats, one after the other, of not respecting the democratic rules of the game at all. So we are hearing words of democracy, free elections, pluralism. But if they are going to play a role, the international community and many opposition leaders here who are calling for President Aristide's resignation will also have to be very, very careful that they will be the ones that will be allowed to rule here, the civilians and not, as in the past, the military dictatorships, or the guys who carry the guns, Miles.

O'BRIEN: Lucia, just talking about the situation on the streets right now, typically this can be a particularly dangerous time whenever you're talking about a revolution or a civil war because of the power vacuum that is left there.

Who -- Is anyone calling the shots right now? And if so, how dangerous is it right now?

NEWMAN: Well, that's exactly the power vacuum that the United States and other countries are trying to fill with their multi- national peacekeepers here, to try to back up the civilian government, the government of the interim president, until a provisional government, a proper provisional government can be set up and the Haitian police force can be seen as the ones who call the shots out on the streets.

But right now, although we are seeing more police patrolling, they have been completely absent during the days of chaos leading up to the resignation of President Aristide. We're seeing them on the streets again.

But it is not quite clear yet who is in control of the city. Although I must say, things are more peaceful than they had been.

Overnight, however, despite the fact that there was a curfew, we did hear gunfire going off in several parts of the city. And the morgue this morning was full of bodies, many of them killed execution style, Miles.

O'BRIEN: Dangerous time in Haiti. Lucia, Newman, thank you very much. Keep us posted.

This year marks the 200th anniversary of Haiti's independence from France. But, of course, it's a dubious milestone. In that time, 32, now 33 Haitian governments have been overthrown.

Aristide himself was toppled in the early '90s, as you recall, only to be restored by U.S. forces about 10 years ago.

The U.S. secretary of state calls it a sad story but one that didn't warrant rushing to Aristide's defense a second time.

(BEGIN VIDEO CLIP)

COLIN POWELL, SECRETARY OF STATE: We responded when there was something to respond to that we felt was appropriate to respond to. And that was a change in the political situation, in this case, the departure of President Aristide. All those who say we should have gone in earlier were advocating the position that we should go on the side of a president running a flawed government, a flawed presidency.

And we were not prepared to do that and find ourselves trapped once again for an indefinite period, supporting an individual who may have been elected democratically but was not governing effectively or democratically.

(END VIDEO CLIP)

O'BRIEN: We expect to hear more about Haiti when Defense Secretary Donald Rumsfeld and joint chiefs chairman Richard Myers hold a news conference later this hour. And we'll bring you that live, beginning at 1:30 Eastern, 10:30 Pacific.

PHILLIPS: A profound break in the two-week-old missing family case in rural Mississippi.

The adjective comes from a state investigator who won't say what the development is, only that it came out of interviews with the cousin of the man who vanished from Yazoo County, along with his wife and 4-year-old son, on Valentine's Day.

The cousin was jailed over the weekend on drug and gun charges.

Helping us weave the story together is Mike Brooks. He's in Yazoo City.

Mike, what do you know?

MIKE BROOKS, CNN CORRESPONDENT: Hello, Kyra.

As you said, there has been a new, what they're calling a major development in this case.

But for now, everything in Yazoo County is on hold. There was supposed to have been a hearing today at 9:30 Central Time, here in Yazoo County court. But that was put on hold. They're supposed to have a press conference.

All of the major players in the investigation were flown by helicopter back to Smith County, where they had been searching all weekend.

But they felt that they still had enough, even prior to this development from searches over the weekend, to proceed with the case.

(BEGIN VIDEO CLIP)

WARREN STRAIN, DEPARTMENT OF PUBLIC SAFETY: The federal and state task force that's set up here in the courthouse behind me has been operating for over a week now.

During the course of that, I've said we developed 400 leads in the case. We're moving forward with those leads. Over the past weekend, spent the better part of the weekend in an extensive search in Smith County about 75 miles as the crow flies to the south of here. We spent the entire weekend out there searching, based upon some information we had developed.

That was fruitless, and so therefore we've come back here. We're developing the leads and will move forward at this point.

(END VIDEO CLIP)

BROOKS: Now, right now, they still do not know when they will be back in court here. Again, put on hold until further notice.

A short time ago, we did see the family over at Beckham (ph). The Hirtz family were here. They walked through the courthouse. We attempted to ask them if they had heard about the new developments in Smith County.

They seemed very, very upset. They would not talk with the media.

But right now, Kyra, the Hargon family is still missing. They still do not know their whereabouts.

PHILLIPS: Mike Brooks, live from Yazoo City. Thank you.

O'BRIEN: Across America this hour, bully, if the very word triggers post-traumatic playground stress, you'll appreciate a new campaign by the U.S. surgeon general and Miss America 2003. It's called, "Take a stand, lend a hand, stop bullying now."

Witness for the prosecution, a friend of Jayson Williams, possibly a former friend, says the former NBA star tried to put a dead chauffeur's fingerprints on the shotgun that killed him.

Williams is charged with accidentally shooting Gus Christofi a year ago and then trying to make it look like a suicide.

And Terry Nichols on trial again for the Oklahoma City bombing of '95. He's already serving a federal life sentence, as you'll recall. But now it's the state's term to try him on 161 counts of first-degree murder. He could face the death penalty if convicted there in Oklahoma.

PHILLIPS: Once again, NBA star Kobe Bryant is off the court and back in the courtroom in Colorado today for what's expected to be a tense two-day hearing.

It will be the first time the alleged rapist and his accuser are to meet face-to-face since their June encounter.

CNN's Adrian Baschuk joins us live outside the courthouse with more -- Adrian.

ADRIAN BASCHUK, CNN CORRESPONDENT: Good afternoon. An LAPD officer is currently on the stand testifying. And LAPD officer, you ask? Well, he is one of Kobe Bryant's bodyguards that was present when police questioned him just 24 hours after the alleged rape. And he testified on the stand that he did not hear police place Kobe Bryant under arrest.

This is key testimony. Miles, you talked about the balance of power in Haiti. Well, this certainly tips the scales towards the defense, a win for them if they get Kobe Bryant's statement suppressed in this pre-motion hearing.

Also the prosecution was chided by the judge in this case for withholding evidence from the defense. They ordered the prosecution to hand over all samples of the accuser's underwear they say was withheld from the defense. And that is key testimony again today -- Kyra, Miles.

PHILLIPS: Adrian Baschuk, live from Colorado, thank you -- Miles.

O'BRIEN: What's the first mission for American Marines on the ground in Haiti? We expect a live Pentagon briefing in about 15 minutes from now should have some answers.

And the Peterson case: police taped 3,000 phone calls. but will any make it into the trial?

(COMMERCIAL BREAK)

PHILLIPS: Now to the United Nations, where diplomats worked at warped speed, diplomatically speaking, to stand up a peacekeeping force.

But that's not the end of it. The Congressional Black Caucus meets today with the U.N. secretary-general, pressing its view that democracy, and we quote, "has a black eye with Aristide's ouster."

CNN's Richard Roth has the latest now -- Richard.

RICHARD ROTH, CNN CORRESPONDENT: Yes. The United Nations is sending an assessment team to Haiti in the next few days to start gathering information for what will be needed when the U.N. takes over, believed to be in three months, from a multi-national force.

One of the members of that multi-national force is likely to be Canada. Its prime minister, Paul Martin, met with Secretary-General Kofi Annan today to discuss many issues, including developments in Haiti.

Last evening, the full Security Council, Canada not a member of the council at this time. The full council voting 15-0 to send a multi-national force on an interim basis to secure the peace there and to help the Haitian coast guard stop a flood of refugees.

Some have discussed a bad precedent being set for military toppling of a democratically elected president. The U.N. spokesman today would only say the secretary-general feels everything should be observed on a fair, democratic and constitutional basis. But there was a crisis.

(BEGIN VIDEO CLIP)

FRED ECKHARD, U.N. SPOKESMAN: The president chose, as one way of resolving that crisis, to resign and allow elections to go forward on a constitutional basis.

I'm not sure that we are concerned about precedence, but rather just looking at how to put Haiti on a solid institutional basis, so that it can conduct its affairs in the future along predictable lines.

(END VIDEO CLIP)

ROTH: Likely to disagree with some of that analysis, members of the Congressional Black Caucus will be meeting in several hours here in U.N. headquarters with Secretary-General Annan, this meeting was scheduled before the ouster of Aristide.

Back to you, Kyra.

PHILLIPS: You tend to wonder when that assessment team could head over there, Richard Roth, considering the environment right now. Security a major issue, Marines just trying to stabilize the area.

ROTH: Yes. The U.N. saying its staff has been told not to leave home. And that until the security situation quiets down, international aid will not be possible to get access to the people.

PHILLIPS: Richard Roth, live from the U.N., thank you -- Miles.

O'BRIEN: Martha Stewart's fate could be in the hands of a jury within days. Prosecutors are delivering their closing arguments in her high profile stock fraud trial.

CNN financial correspondent Allan Chernoff is following the developments, as he has every step of the way, from New York City.

Hello, Allan.

ALLAN CHERNOFF, CNN CORRESPONDENT: Hello, Miles.

And in fact, just minutes ago, Michael Schachter, the prosecutor for the government, concluded his closing statements, spending about three hours explaining to the jury exactly why Martha Stewart and her stockbroker, Peter Bacanovic, were not telling the truth when she said that she sold her ImClone stock simply because of a $60 agreement, an agreement to sell the stock if it fell below $60.

Mr. Schachter described that as a story that was hatched, a story that had absolutely no basis in truth.

He ran through the evidence that had been presented over this trial during the past five weeks. He focused plenty of time on the star witness, Douglas Faneuil. He, of course, the assistant to Peter Bacanovic. Douglas Faneuil testified that he had told Martha Stewart that Sam Waksal, then the chief executive of ImClone, was trying to dump his stock back on December 27 of 2001.

Also, he focused on Mariana Pasternak, a close friend of Martha Stewart, who was vacationing with Ms. Stewart shortly after she sold her ImClone stock. And Ms. Pasternak testified that Martha had told her that Sam Waksal was either selling or trying his stock and that his daughter had either sold or was trying to sell her stock.

Also, there was a focus on Ms. Stewart actually sitting down at her assistant's computer and trying to change a message her assistant had taken regarding the entire ImClone affair, a message from the stockbroker, Peter Bacanovic.

He added all the evidence up and said to the jury that this is quite a clear case, that Martha Stewart and Peter Bacanovic have lied to the government -- Miles.

O'BRIEN: Allan Chernoff in Manhattan -- Kyra

PHILLIPS: Well, it's no more Mr. Nice guy for Democratic hopeful John Edwards. Straight ahead, an update from the campaign trail as the candidates get ready for Super Tuesday.

Also, drafting a new law of the land. We're live in Baghdad as Iraq takes another step toward democracy.

And the around the clock search continues for 18 crewmen missing from a deadly tanker explosion. And update straight ahead.

(COMMERCIAL BREAK)

O'BRIEN: Live pictures now from the White House, Scott McClellan beginning his briefing.

He was asked about these reports that swirling around that Aristide might have been abducted out of Port-au-Prince, Scott calling them essentially nonsense.

Let's listen.

(INTERRUPTED BY LIVE EVENT)

PHILLIPS: Live from the White House briefing there. Aristide abducted or just trying to save face?

You just heard White House press secretary Scott McClellan. He said absolutely, it's complete nonsense. However Aristide's people are sticking to this.

OK. We had a sound byte with Aristide's attorney. I guess we'll try to get to that into the interview.

Meanwhile rebels are still swarming the capitol. Hundreds of U.S. Marines in Haiti with more on the way.

As we're telling you, the nation in absolute turmoil. What happens next and what will the U.S. do?

We're going to go to our national security analyst Ken Robinson. He joins us now from Washington as this news continues to break.

Ken, good to see you.

KEN ROBINSON, CNN NATIONAL SECURITY ANALYST: Hi.

PHILLIPS: Let me first get you to respond? Do we have that sound of Aristide's attorney?

Let's listen to that, please.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Today I have learn that the president of the Republic of Haiti was kidnapped by United States Marines on Saturday evening, taken forcibly from his home, in Tabar (ph), put on a United States military aircraft, at which point he was separated from his security, and was told that they would not tell him where he was going.

(END VIDEO CLIP)

PHILLIPS: Ken, Scott McClellan saying this is absolute nonsense. What do you think is happening here? Is Aristide trying to save face?

ROBINSON: It sure looks like buyer's remorse to me, Kyra.

The two things to analyze are: when he landed in Antigua for a refuel stop, he spoke with Caribbean leaders. And at that time, he didn't say he was being kidnapped.

When he landed in the Central African Republic, he again addressed the nation on radio and again, he made no mention of this.

And now, all of a sudden, he's making late calls in this regard. I think it's pretty specious.

PHILLIPS: All right. Moving on from that. Of course, I'm sure he'll come out through the day.

Let's talk about who is in charge, who could be in charge, who should be in charge. Right now, the Marines, they have about 72 hours to get a country in order and to get people believing in them.

Ken, we're going to come back to you in just a moment. I'm going to ask you to hold on. We've got to go to the Pentagon now. Defense Secretary Donald Rumsfeld, Richard Myers, joint chiefs of staff, next to him.

Let's see if they're talking about Haiti.

(INTERRUPTED BY LIVE EVENT)

O'BRIEN: We're going to leave the live coverage of the briefing for just a moment.

On the line with us now from California is Representative Maxine Waters, Democrat of that state.

And Congressman Waters, were you able to listen to the briefing at all?

REP. MAXINE WATERS (D), CALIFORNIA: I heard some of the briefing, yes.

I heard a reporter tell a lie and said that I said that Aristide had been led away in handcuffs. I did not say that. And I made it clear that I had asked him and he said he had not been led away in handcuffs.

O'BRIEN: All right.

WATERS: So that needs to be cleared up right away.

O'BRIEN: Let's backtrack then. Let's -- For those who haven't heard you say it right from your mouth, what exactly have you heard and did you hear it directly from Aristide?

WATERS: Yes. As a matter of fact, I was called this morning a little after 6 a.m. and Mildred Aristide was on the line and she said to me, "Maxine, the coup d'etat has been completed." She repeated it twice.

And I asked her how was she doing, how worried we were about them. We didn't know where they were.

And she said they were fine, they were OK. But she wanted me to know that the coup d'etat had been completed. And she put the president on the line.

The president said that he had been forced to leave his home, that Mr. Moreno, who is the DCM or the chief of staff of the American embassy in Port-au-Prince, had come to his home with other diplomats and Marines.

And they had told him he had to go, and he had to go now. That if he did not go, he would be killed, and lots of other Haitians would be killed.

They said that Guy Phillipe, the ex-military guy from France (ph), the old military machine under Sadres and the Duvaliers were coming to Port-au-Prince, and they would be coming with American Marines. And a lot of people were going to be killed. And he's got to go now.

He said he was forced to go, to get on the airplane, along with Mildred, his wife, his brother, and two other security officers. And I have their names here somewhere. O'BRIEN: Well...

WATERS: They were first taken to Antigua, and then they were taken to a military base.

They would not tell them exactly where they were going and that they have ended up in the Central African Republic.

They were met by five ministers of government. They were taken to the palace of the Renaissance; that's the name of the building. They don't know whether it's a hotel or some other kind of building. And that they were under guard by a combination of French and African officers.

They also told me that African military was on the plane with them, along with American military.

The other two gentlemen are from the Steel Foundation (ph), the two security people. One is named France Gabriel (ph), and the other one is Mr. Bartiome (ph).

O'BRIEN: Is it your understanding that it is the impression of Mr. and Mrs. Aristide that they're under some sort of house arrest where they're at right now?

WATERS: Yes. He said he felt like he was in jail and that they could see out of the window and they were being guarded by the military there. Yes, he felt like he was under arrest and in jail.

O'BRIEN: Congressman Waters, there is any number of reasons why the Aristides would want to portray this as the story. A little bit of early revisionist history, if you will, writing it on the fly, quite literally.

Do you have reason to take this at face value, or is it quite possible that they're trying to fabricate some sort of myth here in the wake of their rule?

WATERS: I'm not trying to interpret anything. I'm simply giving you the facts. He told me this information as he did Congressman Rangle, who was also told...

O'BRIEN: Do you believe what they said?

WATERS: Well, just a moment. He told not only me and Congressman Rangle, but he also told other people: Randall Robinson.

Now, what you need to ask is this. Would he call three different people, two members of the United States Congress, and tell us that he had been kidnapped, that a coup had taken place, unless he believed that?

And do you think that we would make this information up? We're members of Congress, elected by the people. We have to be very careful about what we say and what we do. We don't make up things to tell anybody that were told to us by what was a head of state. O'BRIEN: Congressman Waters, no, no, no. You misunderstand me. I don't doubt that you had this phone call, and I don't doubt that that's what you heard on the phone.

The question I'm asking you is, do you doubt their veracity in any way?

WATERS: Listen, I tend to doubt the State Department, and I tend to doubt Mr. Noriega and people who have been in charge of advancing this policy.

I find that I've been lied to over and over again. And I raise significant question if his country, the country of Haiti, was invaded by the people who were in exile, who were known killers, members of the old regime, if they invaded his country, why didn't they try to get the invaders out?

Why did they not send in people to help secure that country? Why did they wait until after they had gotten Mr. Aristide out?

And why are these so-called rebels, who are really criminals and thugs, riding up and down the streets of Port-au-Prince in their old military dress after they have come in to invade the man's country?

So I have a lot of questions of my own government at this point.

O'BRIEN: So just to sum up here, what you're alleging is fairly serious. You're saying this was somewhat a coup that was engineered by the U.S. in some fashion?

WATERS: Well, absolutely. President Aristide said it was coup. And I do know that it was participated in by the United States.

Mr. Noriega at the State Department, who you guys never talk to. He's not on record a lot, but he is behind the whole plan. He's the one that has been talking with everybody.

He's the ex-chief of staff to Jesse Helm. He's on record for years of putting -- undermining Haiti, of denying them funding. He is known as a Haiti hater. And he's in charge of this policy.

And you guys ought to find out his history and who he is and what his connection is to Mr. Andy Archade (ph) Jr., who led the so-called protest that was joined by the thugs and rebels and how they got back into the country.

You really need to dig us up some information here.

O'BRIEN: Representative Maxine Waters, Democrat of California, thank you very much -- Kyra.

WATERS: You're welcome.

PHILLIPS: A number of things, Miles, that the congresswoman had to say. I want to bring national security analyst Ken Robinson back from Washington. A number of points I want you to respond to, according to the congresswoman.

First, let's talk about the subject matter of was Aristide kidnapped; was he abducted? These phone calls that allegedly transpired, Maxine Waters saying that she talked to President Aristide, also his wife, Mildred, saying that the president told her he was forced to leave his home with diplomats and Marines.

Now, if a kidnap or an abduction, some type of Special Forces or special operations evacuation took place, you wouldn't have diplomats side by side with military, correct?

ROBINSON: I believe what we probably had happen here, and we'll need to find this out in the next couple of days, was probably United States State Department diplomatic security personnel, who look very similar to military personnel, because they are performing the same security functions and have to be prepared to render security for the president.

I mean, it's an incredibly volatile situation occurring in Haiti. I was there in '94 when this happened the last time. And you can't control these groups of armed thugs which is moving around the city.

They're not armies. They're groups of people, and each of them can become very violent very fast.

And it sounds like, from listening to the last 12 hours, it sounds like the situation on the ground got to the point where he was in extreme danger. And the diplomatic security forces moved up their timeline in moving him.

But they certainly would not have done it without his request for them to be there. General Powell orchestrated a very peaceful end to the '94 crisis by appealing directly to General Sedrus (ph), one general to another.

And he's been very careful in this crisis to orchestrate it and dot the "i's" and cross the "t's" diplomatically. And I can't imagine them making a mistake like that.

PHILLIPS: What you said -- or what you had to say, Ken, definitely parallels what Defense Secretary Donald Rumsfeld said just a few moments ago, that it was not the Defense Department that was involved in this evacuation. It was the State Department and embassy.

That's what you are saying, that individuals would look like, I guess you could say a Special Forces group in combat gear.

Maxine Waters asking the question, why take the president out? Why not take the rebels out? From a Special Operations perspective, you were there in '94 for that intervention, will you explain why it goes -- why things happen this way? Why the president is taken out and Marines come in to try to stabilize the rebel forces?

ROBINSON: Well, No. 1, it would take an enormous invasion force to try to invade and take down Haiti.

In '94, there was over 20,000 Special Operations, conventional forces, Marines all put together for a large task force that was going to do that task.

This situation here is completely different. It's a neo- evacuation. The situation on the ground is such that he is the flashpoint, he is the center of problems because for 18 months he has been ruling by decree as a dictator. He has no legitimacy amongst the population.

There are three groups of rebels who have come together, with the enemy of my enemy being my friend, trying to remove him from power. And they very clearly said that if he remained he was the flashpoint. And as those groups moved closer to the presidential palace, it became clear that there was going to be bloodshed.

And I think in this situation, removing President Aristide and taking him out of the country has saved lives and has prevented that bloodshed.

Now the question is, is can this force this forces, this Marine force on the ground, and the French work together and do stability operations, because they're not going to be able to disarm these rebels.

These rebels may take their weapons and put them away, but they're certainly not going to disarm. So they have to find legitimacy and find it very quickly.

PHILLIPS: So, final question on that point, Ken. Taking a look at government, political opposition, rebel opposition, a lot of different players in the mix, wanting to rule this country.

But you're saying right now it comes down to probably a lieutenant colonel in the marines who has 72 hours to make some pretty critical decisions, deciding if this is going to be a peace making deal or a combatant situation.

ROBINSON: He has to work his rules of engagement with his forces to very carefully make sure that the population that they're dealing with do not see them as taking sides but see them as part of a stability force which will enable them to then create a legitimate government.

Guy Philippe has said that he's going to put his arms down. The other rebel forces, I haven't heard them articulate the same. The next few days are going to determine whether or not they will try to influence that.

And remember, there's a lot of other non-state actors who are on this island, to include drug dealers and others who have an interest in what form of government takes place there.

So it's very important. It's very important for our region, our hemisphere, to make sure that we do not have a failed state in Haiti. PHILLIPS: Or a serious refugee problem.

National security analyst Ken Robinson, we'll be talking a lot more today and tomorrow, I'm sure. Thanks for your time.

ROBINSON: Thank you, Kyra.

PHILLIPS: Miles.

O'BRIEN: The secretary of state, Colin Powell, is now approaching the podium at the State Department in Foggy Bottom in Washington.

You heard the secretary of defense just a few moments ago, deferring several questions to the State Department. This is a joint press conference with ministers of the European Union.

And thus, we're going to monitor it for a little while. And as soon as it heats up and gets to the subject of Haiti and to matters of concern to us in the news business today, we will bring it to you.

So stay with us.

(COMMERCIAL BREAK)

PHILLIPS: Haiti in crisis, rebels in the capital, U.S. Marines on a mission to restore order to that embattled country.

O'BRIEN: The Kobe Bryant case, will the alleged victim's sexual history be a part of this trial? We are live from the courthouse.

PHILLIPS: Mystery disappearance, a family of three vanishes, but there is word now of a major development in the case.

O'BRIEN: And beware of spyware. Is your computer revealing your secrets? A new push to keep you from being spied on.

From the CNN Center in Atlanta, I'm Miles O'Brien.

PHILLIPS: And I'm Kyra Phillips.

We're also getting you ready for Super Tuesday surprises. This hour of CNN's LIVE FROM... starts right now.

O'BRIEN: We begin this hour with celebration and trepidation in Haiti. The vacuum created by newly ousted President Jean-Bertrand Aristide is being filled today in chaotic fashion by the rebels who ousted him and by masses of their jubilant supporters. Dozens of U.S. Marines are there, too, more on the way, as are hundreds of U.S. -- U.N. sanctioned peacekeepers from France, Canada and several of Haiti's neighbors.

We have the latest now from CNN's Lucia Newman live from Port-au- Prince -- Lucia.

NEWMAN: Well, the boys are back in town now, not only the U.S. Marines, but also members of Haiti's former army. The same army that a decade ago more than 20,000 U.S. forces had come to this country to help dissolve, to disband that army in order to restore President Aristide to power. Now the Marines are back here to help restore order to this country, but without President Aristide, who is now in exile in Africa.

Now the rebels marched into the country this morning, into the capital, rather, in a long victory caravan. They were met by thousands of jubilant people saying, screaming out their names. Guy Philippe, Guy Philippe they chanted, the name of the rebel leader now. He is a former police chief of Cape Haitian. He is commanding this group.

We saw about 30 or 40 very heavily armed rebels in town. They went from one police station to the other until they finally ended up in front of the general police headquarters right in front of the presidential palace. But they did not try to go into that palace. Marines were guarding it. The U.S. Marines were in there on force after the palace had been raided, we understand, looted with the departure of President Aristide some time yesterday.

Things are fairly calm right now, although there have been reports of looting in the port. And overnight, although there was a curfew, there were shots fired and heard throughout the city. In the morning, there were several bodies out in the street killed execution style. The morgue, we were told, was also full of bodies, many of them killed in a way that would indicate that they were revenge killings, vendettas.

The Marines, in the meantime, are supposed to be re-establishing order here, but they have started with the palace. It is still a rather frivolous (ph) situation and still not clear exactly who is in charge yet.

Lucia Newman, CNN, Port-au-Prince, Haiti.

O'BRIEN: Let's get some reaction on developments in Haiti from the White House. Joining us now live from the North Lawn is CNN's Kathleen Koch -- Kathleen.

KATHLEEN KOCH, CNN CORRESPONDENT: Well, Miles, first of all, some of the most interesting developments that we have to report to you are a series of phone calls that apparently have been made by the former President Jean-Bertrand Aristide to members of the U.S. congressional black caucus and then also a black activist in the United States.

And in these calls, these lawmakers report that Aristide insists that he was ousted against his will. That he was taken by force and made to leave his country under armed guard. Armed marines who were with weapons came to -- came to where he was, told he and his family that they had to leave, put them on a plane, made them close the shutters, the shades of the plane and he had no idea where he was going or why.

Now the -- this, obviously, as unrest continued throughout Haiti. When we brought this question up at the White House briefing today, and to other officials both at the State Department and the White House, the complete response we have gotten from everyone is that this is nonsense.

(BEGIN VIDEO CLIP)

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: As I said, it's nonsense. And conspiracy theories like that do nothing to help the Haitian people realize the future that they aspire to, which is a better future, a more free future and a more prosperous future. We took steps to protect Mr. Aristide. We took steps to protect his family as they departed Haiti. It was Mr. Aristide's decision to resign and he spelled out his reasons why.

(END VIDEO CLIP)

KOCH: There were some questions about that final statement that Scott McClellan made saying that the U.S. took steps to protect Aristide as he left. While there are now some roughly 200 Marines on the ground in Haiti, Scott McClellan said that none of those Marines were there, were around Jean-Bertrand Aristide. That he was in, as McClellan put it, in the company of his own security team. So some question there as to what the protection afforded was.

O'BRIEN: CNN's Kathleen Koch at the White House -- Kyra.

PHILLIPS: New developments in a number of legal cases today. Jury selection is under way in a new trial for convicted Oklahoma City bomber conspirator Terry Nichols. If convicted on state murder charges, he could face the death penalty.

Closing arguments in the trial of Martha Stewart, soon a jury will have to decide if she lied to investigators about the sale of her ImClone stock.

And Kobe Bryant will share the courtroom with the woman who is accusing him of sexual assault. A pre-trial hearing is under way in Eagle, Colorado.

Our Adrian Baschuk is in Eagle now for Bryant's hearing -- Adrian.

BASCHUK: Good afternoon.

An LAPD officer took the stand this morning. An LAPD officer, you ask, what does he have to do with this case? Well he was one of Kobe Bryant's bodyguards present when police questioned him just 24 hours after the alleged rape occurred. And he testified in court today that he did not, and he is a member of law enforcement, he did not hear officers tell Bryant he was under arrest.

(BEGIN VIDEOTAPE)

BASCHUK (voice-over): Kobe Bryant arrived in court fresh from his Los Angeles Lakers win over the New Jersey Nets last night. Now his defense team will try to win pivotal rulings from the judge. LARRY POZNER, FMR. PRESIDENT, NATL. DEFENSE ATTORNEY'S ASSOC.: Every time the prosecution loses one of those motions, their case gets weaker and weaker and weaker.

BASCHUK: Legal analysts say the jury may hear plenty about the accuser's past, despite Colorado's stringent Rape Shield Law.

POZNER: This case is upside down. In this case, it's the defense that's filing the motion, saying, judge, we have a great deal of evidence, facts we want a jury to hear.

BASCHUK: The Colorado Coalition Against Sexual Assault, a group vigorously fighting for sexual victims' rights, has publicly criticized Bryant's defense team for, it says, trying this case in a court of public opinion.

CYNTHIA STONE, COLORADO COALITION AGAINST SEXUAL ASSAULT: We've been very disturbed about this case from the very beginning, because of the way that the victim's privacy has been violated, many times, we feel, deliberately by the defense team.

BASCHUK: The judge will also hear arguments on whether or not statements Bryant made to police just 24 hours after the alleged rape, statements police surreptitiously recorded, will be admitted in the trial as evidence.

(END VIDEOTAPE)

BASCHUK: Also this morning, the judge lashing out at the prosecution for withholding evidence, a serious charge. The judge ordering the D.A. to hand over two samples of the accuser's underwear to the defense -- Miles, Kyra.

PHILLIPS: Adrian Baschuk from Eagle, thank you -- Miles.

O'BRIEN: To Mississippi now and a major break in the case of a missing family. A cousin of the Hargon family is already in custody. Investigators now say their case is stronger after what they are calling profound breakthroughs.

CNN's Mike Brooks has details. He joins us live from Yazoo City, Mississippi -- Mike.

MIKE BROOKS, CNN CORRESPONDENT: Good afternoon, Miles.

Well everything right now in Yazoo City, Mississippi has been put on hold. Earnest Lee Hargon was supposed to make an initial appearance here in court this morning, but officials came out before his appearance, and there was supposed to be a press conference afterwards, and said that everything will be put on hold until further notice.

The reason, they weren't saying, but they said there have been some breaks in the case.

(BEGIN VIDEO CLIP) WARREN STRAIN, MISS. DEPT. PUBLIC SAFETY: Developments that have just come to light, some very profound developments in terms of what we're doing here, not only with the prosecution of Mr. Hargon, but also the location of the missing family.

QUESTION: Did they find the bodies?

STRAIN: I'm not going to -- I don't know. I can't speculate on that. All I know is that there is something very profound that is going on at the moment as we speak.

(END VIDEO CLIP)

BROOKS: Now, Miles, they said that this information came through interviews late last night and early this morning. Who those interviews were with, with what they were with, whether or not they were with Earnest Lee Hargon or not, they are not saying. But they felt that they had enough evidence from this weekend's searches to go ahead with these multiple felony counts whether or not they had found the Hargon family -- Miles.

O'BRIEN: All right. Thank you very much, Mike Brooks in Yazoo City, Mississippi.

Back now live to Washington. Secretary of State Colin Powell taking some questions. He's talking about this allegation about the abduction, so-called abduction of Aristide.

Let's listen.

(INTERRUPTED BY LIVE EVENT)

O'BRIEN: All right. With that we're going to leave the briefing and the Secretary of State. And we'll continue to monitor it. But I think that's probably all he is going to say today about the Haiti situation, a pretty forceful statement.

Coerced confessions, what happens when police push too hard? Take a look at this.

(BEGIN VIDEO CLIP)

MICHAEL: Where did you find the blood?

DETECTIVE CLAYTON: I'm sure you know.

MICHAEL: Why? God. No. I don't know. I didn't do it. I'll swear to that.

(END VIDEO CLIP)

O'BRIEN: This 14-year-old's case is inspiring a push to make the police back off a little bit.

A new constitution in Iraq, will the document lead to democracy? CNN's Nic Robertson in the house. (COMMERCIAL BREAK)

O'BRIEN: Words to live and govern by. The ink is drying on Iraq's new interim constitution. The Governing Council finished it this morning, a little behind schedule. But council members say such important documents worth a little extra time.

Baghdad is normally the home base for our senior international correspondent Nic Robertson. Actually, he's a citizen of the planet, really. He's everywhere. But he's here in Atlanta working on a documentary on this very subject of forging some sort of government out of the ashes of Iraq.

Nic, good to have you with us.

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Good to be here, Miles, thank you.

O'BRIEN: Let's try to assess the accomplishment there. How much has been accomplished thus far and how real is this document?

ROBERTSON: This document is very real. I mean it's an interim constitution, but it's expected to be the basis for the main constitution that will be written up once there are elections, once there is a government in place, perhaps as early as the beginning of next year in Iraq. So it's very real. The achievement of actually getting these 25 members of the Governing Council to agree is quite an achievement. If a day late, it's still an achievement.

O'BRIEN: To what extent can any document, any piece of paper bind together these three main ethnic factions that comprise what we know as Iraq?

ROBERTSON: It's very interesting, because it outlines a federal structure that there will be the 18 provinces that have always existed in Iraq, but they will be free to group among themselves as they will. And perhaps that may mean that the Kurds in the north may take two, maybe three provinces together. The Shi'as in the south fear (ph) to take a number of provinces in the south together. Perhaps Baghdad is more free and can work between the three different groups. But there is an element here that allows them to separate but within the federal structure but go as their own way. There is something in this constitution that it had to be this way. And there is something in it for everybody.

O'BRIEN: And that, of course, can lead to ungovernable situations when there is something for everybody, sometimes.

ROBERTSON: If the central government isn't strong enough, that could be the case.

O'BRIEN: All right. Let's talk about the role of Islam in all of this. This is -- this is the 800-pound guerrilla as they try to write this whole document. There are many people, Shi'as in particular, who believe the only viable political leaders are also their religious leaders. That makes for a difficult way. How do you negotiate around that, put it that way?

ROBERTSON: Well very interestingly, when it came down to a key issue in drafting the constitution on should the Shi'a clerics essentially have their way, eight Shi'a members of the Governing Council stepped out. But there are 25 so they weren't the majority.

So perhaps the coalition in appointing members of the Governing Council has managed to do it in such a way that the Shi'a clerics wouldn't be able to block any changes in law and these changes. What they have done is repeal a law that would diminish women's powers in the state of marriage, divorce and in inheritance.

O'BRIEN: Well let me ask you this, and maybe this has something to do with why the Shi'a were willing to stay and negotiate, is there a sense that this is really the only game in town and if you don't participate, you're not going to get a piece of whatever Iraq emerges?

ROBERTSON: That's absolutely true. But it's been -- the constitution has been drafted very carefully down to the word. If you look closely, there is a reference that Islam is a source of -- for the constitution rather than the principal source, a very clever usage of words. And an acknowledgement there to Shi'as as well that no laws will be drafted that go against the tenets of Islam. So there is something that they can walk away happy with from the table there.

O'BRIEN: In some -- the heady days really in advance of the invasion, there was talk of the U.S., you know, instituting a bright shining beacon of democracy in Iraq. I'm curious if that is an attainable goal and any near-term goal time frame? And I'm also curious if the people on the street understand what that even means?

ROBERTSON: They are still learning what democracy is. Thirty- five years under Saddam Hussein and the Ba'ath Party rule, for a vast majority of people in Iraq, they haven't known anything else. What in drafting this constitution has happened is that some -- the really tough issues have been pushed off to later. So it's clear there is going to be an evolution, whether the Kurds or how much autonomy the Kurds should have in the north of Iraq, whether or not they should control the oil that comes from underneath the ground in that region.

So in achieving democracy, it's going to be a long, slow process and there are key issues that the constitution has purposely sidestepped because they are perhaps some of the potential trouble spots ahead.

O'BRIEN: It won't be easy, won't be fast. Nic, tell us briefly about the documentary and when we can see it.

ROBERTSON: It's going to be a view of Iraq through six different, very, very different people. You'll walk a mile in their shoes. You'll understand Iraq from their view and what they think about the country. It very much defines the future of Iraq at this time.

O'BRIEN: End of this month, right?

ROBERTSON: End of this month.

O'BRIEN: All right. We'll get you back on as things progress.

ROBERTSON: Thank you.

O'BRIEN: Maybe you can share a little more with us. Thank you, Nic Robertson, always having a pleasure having you drop by.

ROBERTSON: Thank you.

O'BRIEN: We appreciate it.

Well, it is bound to happen to you sooner or later, the old fender-bender. But this little crunch is costing some big bucks. Find out how your car fares. The latest crash tests.

CARLOS WATSON, CNN POLITICAL ANALYST: I'm Carlos Watson. It's make or break time for the Democrats. I'll show you some big surprises to watch out for as America prepares to vote on Super Tuesday.

(COMMERCIAL BREAK)

PHILLIPS: Liar or astute businesswoman? Jurors in the Martha Stewart trial could soon be weighing both choices.

Allan Chernoff live from New York where the jury is listening to closing arguments -- Allan.

ALLAN CHERNOFF, CNN FINANCIAL NEWS CORRESPONDENT: Kyra, for three hours this morning, assistant U.S. attorney Michael Schachter summarized the government's case against Martha Stewart and her co- defendant, stockbroker Peter Bacanovic. Mr. Schachter argued that both Stewart and Bacanovic told a series of lies to cover up the true reason that Martha Stewart sold ImClone stock back on December 27 of 2001. The reason that Stewart had given was simply that there was a $60 agreement, that she sold the stock because it fell under $60. Mr. Schachter argued that story was hatched, that there never was a $60 story.

The key evidence, he said, was testimony from Douglas Faneuil, the government's star witness. Faneuil, a former assistant to Peter Bacanovic, testified that he told Martha Stewart back on that day that Sam Waksal, then the head of ImClone Systems, was trying to dump his stock and Martha Stewart immediately sold her stock. Mr. Schachter summed up by saying if you believe Douglas Faneuil, this trial is over.

Kyra, this afternoon, in fact in about five minutes, the defense for Peter Bacanovic will begin its summation.

PHILLIPS: Allan Chernoff, live from New York, thank you.

(MARKET UPDATE)

(COMMERCIAL BREAK) O'BRIEN: Some breaking news coming to us from California. The California supreme court ruled today that a Roman Catholic charitable organization, Catholic Charities, must include birth control coverage in its health care plan for workers, even though, of course, the Catholic Charities with be morally opposed to the use of contraception.

It was a 6-1 ruling and it could reach beyond the 183 full-time employees of Catholic Charities. It affects workers at Catholic hospitals, catholic-backed institutions and the like all throughout the state of California. Perhaps yet another volley in the cultural wars we've seen unfolding these past couple of weeks -- Kyra.

PHILLIPS: With Jean-Bertrand Aristide gone, armed Haitian rebels have moved into the National Police Headquarters in Port-au-Prince. Meanwhile, U.S. Congresswoman Maxine Waters says she spoke with Aristide and he told her the U.S. forced him to leave. The White House denies it.

Investigators say they have made a profound breakthrough in the search for a missing Mississippi family. They say it involves the location of bodice. A police spokesperson says that charges will be brought against a family relative, Ernest Lee Hargon. And that will happen today.

Kobe Bryant's lawyers trying to convince a judge his accuser's sexual history is important to the upcoming rape trial. The woman is expected to testify tomorrow.

In an election year, anything can happen. The unexpected, the outrageous, the startling. And remember this?

(BEGIN VIDEO CLIP)

(SCREAM)

(END VIDEO CLIP)

PHILLIPS: Yes, even the craziest of moments can happen. So let's consider some of the possibilities as we saddle up to Super Tuesday's Big Ten showdown. CNN political analyst Carlos Watson ponders what could be Super Tuesday's defining moments.

WATSON: We could have at least three crazy moments, Kyra. Why not?

PHILLIPS: All right, so crazy No. 1, Howard Dean.

WATSON: Howard Dean. Campaigned for almost two years, spent over $40 million. Was a front runner for a good six months. And in the end, he may finally win once he's gotten out of the race, or suspended his campaign, technically.

There is a small chance -- probably won't happen, but a crazy thing could happens tomorrow if he were to win the primary in Vermont and if they voted for him as a home state kind of candidacy. PHILLIPS: The favorite son syndrome.

WATSON: Favorite son syndrome. We've seen it a lot over the years, and it could happen in Vermont. There could be enough kind of regret and reminiscing where that could happen. That would be a crazy thing.

PHILLIPS: All right let's feel the crazy moment No. 2.

(BEGIN VIDEO CLIP)

(SCREAM)

(END VIDEOTAPE)

PHILLIPS: We're talking John Edwards. How could this be a crazy moment?

WATSON: John Edwards walked into Super Tuesday saying there were three states he was focusing on, New York, Ohio and Georgia. Crazy thing that could happen is that he could not only win none of those three, but the one place he could win would be a place he hadn't even targeted, Minnesota.

PHILLIPS: Now that's crazy.

WATSON: Hey, they're nice people up in Minnesota. Maybe could happen.

PHILLIPS: I've lived there. I know.

All right let's start and feel crazy scenario No. 3.

(BEGIN VIDEO CLIP)

(SCREAM)

(END VIDEO CLIP)

PHILLIPS: Al Sharpton. You never know. He could come in second in New York.

WATSON: The good reverend could come in second place in New York, his home state. You know, you got to tune in and see. There are about six congressional districts, Kyra, in New York City where he could do very well. And surprise of all surprises, he could come in second place. And that would be a little bit crazy. Who would expect it?

PHILLIPS: Have you noticed all his crazy comments are always what has everybody talking after these debates?

WATSON: He's got all the water cooler moments. He's clearly the funniest guy. Lot of people like the, it's not who you go to bed with, it's what job you get up in the morning. Other people have liked that one that you only need an endorsement of that you only need a co-signer if your credit is bad. He's had lots of good ones throughout the campaign.

PHILLIPS: All right, let's feel it, crazy moment No. 4.

(BEGIN VIDEO CLIP)

(SCREAM)

(END VIDEO CLIP)

PHILLIPS: John Kerry. It could be crazy. Ten for ten?

WATSON: You know, you're going to hear from the Deaniancs that we ran this 898 times.

PHILLIPS: I'll get blasted for being biased. It always happens. You got to have fun with the sound. Come on. He's out of the race. It's OK.

WATSON: You only live once, you have a little bit of fun.

The crazy thing that could happen is that John Kerry could win all ten of ten. That would be huge. And we'd actually have to give him enormous credit. He arguably has already won 19 of 21 and if he now wins 10 of 10, who knows? It'd be a big deal. Could be over.

PHILLIPS: All right. Any crazy moments that have sort of hit you personally through all of this?

WATSON: There was a time when I was singing with a certain CNN on-air talent. I'd rather not get into that.

PHILLIPS: We'll save that crazy moment when you run for president. And I'll bring it back...

(CROSSTALK)

PHILLIPS: Carlos Watson, thank you.

WATSON: Good to see you.

PHILLIPS: And CNN's Super Tuesday coverage, of course, begins tomorrow evening, 7:00 Eastern, 4:00 Pacific time. You can be -- we'll be here, that's for sure, with live reports and interviews throughout the day. Hopefully you'll be with us also.

O'BRIEN: Spies among us. Next, the spooky software that may be lurking on your computer. And you don't even know it.

PHILLIPS: And all that glitters this year's Oscar gold. Meet the new lord of Hollywood.

(COMMERCIAL BREAK)

O'BRIEN: All right, I got this thing on my computer that's driving me nuts, Kyra.

PHILLIPS: It's not me hanging on your computer?

O'BRIEN: Well, you drive me nuts in other ways.

But get this. You know you set up a default home page. Right? And instead of staying on that, for reasons mysterious to me, I'll turn the computer back on, it will be on some stupid advertising generated search engine that I don't want. And it does it repeatedly, over and over again. The person who is going to solve my problem is right here.

PHILLIPS: Daniel Sieberg?

O'BRIEN: Daniel Sieberg!

PHILLIPS: We love him.

O'BRIEN: Uber geek!

DANIEL SIEBERG, CNN TECH CORRESPONDENT: Tech support guy.

O'BRIEN: Yes, yes.

PHILLIPS: How many times have we called on Daniel?

(CROSSTALK)

O'BRIEN: I've got my notes, my pen here, I'm ready to go.

SIEBERG: OK, here we go. And you may not realize it when you surf the Net, hidden programs can secretly piggyback on each keystroke and Web page you view, and transmit information about your computer habits to third parties. That's what's happening on Miles' computer, and he may not realize it.

So what is spyware, or adware, and how do you know if it's on your computer? Well, we have a demonstration set up here in the newsroom with a computer we're actually going to scan and try to find these hidden files.

Now we've got a program that's loaded on here called "Ad Aware." It is one of many programs that are available and we are going to tell you more about where to get them in a minute.

We're going to start this scan on this computer. You can see up here it's scanning all of the different objects on this computer. There are hundreds of files. And it's trying to figure out which ones might be spyware.

Now it's already found one, found two. So we'll let this go for a while and talk about some legislation that was introduced last week. This is a bipartisan bill that was introduced last week from Democratic Senators Ron Wyden and Barbara Boxer, and Republican Senator Conrad Burns.

The idea behind it is it's meant to give you more control over what goes on your computers. There are some points we can tell you about that are part of this legislation -- it still has to go to a committee so it's not official yet.

But basically its's looking for this information that collects this personal information, sends it to a third party, they might be marketers or advertisers trying to target information towards you. That can also cause pop-ups. And this is what adware is all about, it causes these ads to appear on your machine.

It can also turn your compute near a spam machine for someone else, very scary. It can also modify your settings. This is where Miles has to pay attention to change your home page so when you log on, you're stuck on somebody else's Web site. Very annoying.

Or it can redirect you to a fake Web site that looks like the real thing.

So the idea behind all of this legislation is meant to give you more control and to uninstall it which can be very difficult.

Now, in the meantime, what can you do for yourself? Use a program like Ad Aware. We finished up here. You can see 67 new objects just on this computer alone. It's found on this computer while it's been scanning here for a couple of minutes.

If we go to the next screen, you can see it's found all of these different files. Can you look at them and decide whether or not you want to delete them. You can even quarantine them as this program allows you to do. You can see here data miner, vulnerability, data miner, data miner, some of the names over here. Hunt Bar, Gator, all of these different programs that are on this computer and you weren't even aware that they were there.

Now there is another site you go to to find out where some of these programs, SpyChecker.com. On that Web site there are a number of different programs can you get like Ad Aware. Some are free, some have a trial version where you pay after a little while, some you have to pay for them.

But they all do essentially the same thing where you can scan your computer, Miles, and try to find these hidden files and get rid of them.

O'BRIEN: Tell me that Web site again. Where are we going to?

SIEBERG: SpyChecker.com.

(CROSSTALK)

O'BRIEN: Is that run by a company?

SIEBERG: Not that we know of. I think it's run by somebody who is really concerned about this whole idea. It connects to you all these different companies so it's not just the one.

O'BRIEN: So you don't have necessarily one piece of software that you would recommend? All of these are pretty equal? SIEBERG: All of them are pretty equal. They're all trying to do roughly the same thing. And then you can decide whether you want to remove the files or not. That's up to you.

O'BRIEN: One final question. Who is further beneath contempt, spammers or spywarers?

SIEBERG: Oh boy, that depends who ask. Everybody would say spam is probably the most annoying. But spyware, that's an invasion of privacy. Spam you can at least see and try to get hid of. Spyware is hidden. Maybe that's even a little more scary for some people.

O'BRIEN: We'll put them under the umbrella of scumware. Thank you very much. Daniel Sieberg. I'll fix it tonight.

PHILLIPS: I know you are. I'll get to you fix mine.

O'BRIEN: I'm all over it.

PHILLIPS: All right. Is filling up your gas tank draining your wallet? Believe me, you're not alone.

O'BRIEN: Do you drive a Nissan or an Acura? Find out how your car's bumper will fare and, thus, you, if you are ever in a crash.

PHILLIPS: And who ruled at the Oscars? From Sean Penn to this hottie that Miles is in love with, Charlize Theron. We've got your complete wrap up.

O'BRIEN: Could you believe how she was made up?

PHILLIPS: She wasn't made up. She's the real deal.

O'BRIEN: No, no, no. In the movie.

(COMMERCIAL BREAK)

PHILLIPS: An update now on Kobe Bryant. We'll go out to Eagle, Colorado. Our Gary Tuchman is standing by with an update -- Gary.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Kyra, if all goes as expected, Kobe Bryant will be taking the stand this afternoon in this pre-trial hearing. His accuser taking the stand tomorrow.

Right now we're on a lunch break. The Los Angeles Laker guard left about 15 minutes ago in a car for lunch. Court will resume about an hour from now.

The hearing this afternoon, with Kobe Bryant taking the stand, the hearing tomorrow with his accuser, will be closed to the news media. The judge made that ruling.

Bryant will take the stand to talk about a statement he made to police the day after the alleged rape. A statement that was secretly recorded by police officers. Bryant's attorneys are saying that statement should not be allowed in a trial because Bryant was not advised of his rights.

He thought he was not free to leave or perhaps arrested. Prosecutors say that police told him he was free to leave and he wasn't arrested. Therefore, the recording should be allowed. So Bryant will be talking about what he said and the circumstances when he talked to police officers.

As part of Bryant's attorneys' case, they called a Los Angeles police detective to the stand today, Troy Laster. Of course cameras are not allowed inside even when we're allowed inside, so we have sketches. Laster was a security guard with Kobe Bryant that night on June 30 at the lodge (UNINTELLIGIBLE).

Kobe Bryant's attorneys are trying to prove that Bryant thought he was not free to leave so they asked Laster, police are telling you and telling the court that Kobe Bryant was told that he was not under arrest, he was free to go. Did you ever hear that? And Laster testified, No, I did not hear that.

But then prosecutors got a chance to talk to Laster and they said, did you ever hear he was under arrest? He said no. They asked did Kobe Bryant ever ask for your help? Laster also said no.

So both sides are trying to prove their cases. The judge will ultimately will have to decide if this recorded statement will be allowed in the trial.

Tomorrow the accuser will take the stand. She's not here today. She'll talk about whether her sexual history should be discussed during this case. According to the defense, this woman had multiple acts of sex in the days before the Kobe Bryant incident. And at least one act of sex 15 hours after the incident.

The reason Kobe Bryant's attorneys say that is relevant is because this woman suffered injuries. They are saying she could have suffered the injuries from someone else. Prosecutors are saying this is totally irrelevant whatever sex acts she had with someone other than Kobe Bryant.

We do want to tell you it's still going painfully slow this case, that's why it's been eight months since this happened. And Kobe Bryant hasn't even officially entered a plea yet. One reason it's going slow, a discussion held in court, Kobe Bryant's attorneys don't want this woman referred to as a victim in this case. They want to use the words alleged victims. Nevertheless, prosecutors keep calling her a victim. Back to you, Kyra.

PHILLIPS: All right. Gary Tuchman, from Eagle, Colorado. Thank you -- Miles.

O'BRIEN: Hang on to your spare change. You'll need it at the gas station. Actually, you might need more than that. You need some folding money. Prices have gone up almost 7 cents in the past couple of weeks on average. Regular now sells for $1.72 a gallon. Our L.A. bureau chief paid $2.45 yesterday, $2.45 for one gallon. That's almost like buying some water. PHILLIPS: Maybe Pete should move here to Atlanta.

O'BRIEN: Maybe so. Where it's nice and cheap. A survey of states shows it's highest in California. San Diego specifically, where pump prices have soared to above 2 bucks and we just told you. In the Midwest, still under $1.50.

For those trying to save money at the pump, mid size cars are a good bet compared to the old SUV that I have. It needs to have a tanker following behind it. You can also bet you're spend a lot of money fix being the car if you drive into something.

PHILLIPS: A big Monte Carlo like my mom had in the '70s.

O'BRIEN: Oh, those were cars, those were cars.

(MARKET UPDATE)

PHILLIPS: It's a sure bet that Peter Jackson's fees will be going up.

O'BRIEN: Yes, he's the new lord of the Oscars. See who else took home movie gold.

It was a boring show. Don't you think?

PHILLIPS: Billy Crystal was hilarious.

O'BRIEN: No, he wasn't. He's been better. They were too scared about this whole Janet Jackson thing. Anyway, stay with us.

(COMMERCIAL BREAK)

O'BRIEN: If you went up against "The Lord of the Rings" at last night's Academy Awards, better luck next year. The third installment of Peter Jackson's epic adaptation of the Tolkien books pulled off a historic sweep, 11 nominations, 11 Oscars.

Other films have swept their nominations. Others have won 11. But the "Rings" did both. It's also the first fantasy film to win best picture.

The acting awards were up for grabs. Tim Robbins and Renee Zelweger grabbed one each for the supporting category. He for "Mystic River, she for "cold Mountain."

Leading actor Oscars, to no surprise, went to Charlize Theron -- there she is. Savor the moment -- OK -- for "Monster" where she looks nothing like this.

And then Sean Penn who normally skips award ceremonies, but he was there. Of course, that was for "Mystic River" although he did a great performance in "21 Grams," so maybe it was like kind of a two- for.

All right, back with more in a moment. (COMMERCIAL BREAK)

PHILLIPS: You're watching LIVE FROM... I'm Kyra Phillips.

O'BRIEN: And I'm Miles O'Brien. Here's what's making news this hour.

Claims and counterclaims about the departure of Haiti's president, now former. In a series of phone calls, Jean-Bertrand Aristide reportedly said he was forced to leave by the United States. Now White House officials call that nonsense. Aristide and his wife are now in the Central African Republic.

Standing by, Four Army National Guard Units are told they could be headed for Iraq. The units are from Idaho, Louisiana, New York and Tennessee. Their marching orders would come later this year or early next, depending on the security situation in Iraq.

Wrapping it up. Closing arguments under way in the trial of Martha Stewart. Prosecutors trying to convince jurors that she lied to federal investigators about her sale of ImClone stock and then conspired to cover it up. Jurors could get the case as early as Wednesday.

Lawyer No. 4. Robert Blake hires a veteran criminal attorney to clear him of murder charges. Gerald Schwartzbach says he's convinced the actor is innocent of killing his wife nearly three years ago, brushing aside Blake's history of problems with other lawyers.

Up first this hour, the crisis wanes, it would seem, but chaos reigns for the moment in Haiti. Rebels who claim the northern half of the country by force got a red carpet welcome today in Port-au-Prince, a capital newly vacated by Haiti's much reviled, now twice toppled president. The rebels' so-called victory caravan made pointed appearances at Port-au-Prince police stations, but not at all the presidential palace, where a small group of U.S. Marines took a symbolic stand there.

About 150 Marines in all landed yesterday, once the White House got word Jean-Bertrand Aristide had given in to diplomatic and paramilitary pressure and quit. Aristide turned up today in the Central African Republic, and the White House and Pentagon are flatly denying he was kidnapped by U.S. forces.

Aristide apparently has been on the phone today telling members of the Congressional Black Caucus, among others, he was put on a plane by the same military that restored him to power in 1994. Here's a bit of an interview I did in our first hour with California Congresswoman Maxine Waters.

(BEGIN AUDIO CLIP)

REP. MAXINE WATERS (D), CALIFORNIA: The president said that he had been forced to leave his home. That Mr. Moreno (ph), who is the D.C. airman, the chief of staff at the American Embassy in Port-au- Prince, had come to his home with other diplomats and Marines. And they had told him he had to go, and he had to go now. That if he did not go, he would be killed, and lots of other Haitians would be killed.

They said that Guy Philippe, the ex-military guy from FRAP, the old military machine under Cedras and the Duvaliers, were coming to Port-au-Prince, and they would be coming with American Marines. And a lot of people were going to be killed. And he's got to go now.

(END VIDEO CLIP)

PHILLIPS: Well, talk of any abduction or kidnap was shot down by Defense Secretary Donald Rumsfeld, in addition to Secretary of State Colin Powell. However, Donald Rumsfeld did talk about the estimated U.S. troop strength in Haiti that will peak at 1,500 to 2,000. And he said that will be a minority in the multinational U.N.-sanctioned peacekeeping force.

Here's CNN's senior Pentagon correspondent Jamie McIntyre with more -- Jamie.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Kara, the U.S. government absolutely denies that the departure of Aristide was anything other than voluntary. They say it may be true that when Aristide was on the plane that he didn't know where he was going. And that's because the original country he wanted to go to, South Africa, said it couldn't accept him. And the U.S. had to negotiate while the plane was in the air to find another location that would take him, eventually landing in the Central African Republic.

But again, Defense Secretary Rumsfeld and other government officials denying that the U.S. military who accompanied the ambassador were there for any other purpose than to provide security. The Pentagon said, however, this whole deal was worked out by the State Department, and it was left for Secretary of State Colin Powell to give the ultimate denial.

(BEGIN VIDEO CLIP)

COLIN POWELL, SECRETARY OF STATE: He was not kidnapped. We did not force him onto the airplane. He went onto the airplane willingly. And that's the truth. And it would have been better for members of Congress who have heard these stories to ask us about the stories before going public with them so that we don't make a difficult situation that much more difficult.

(END VIDEO CLIP)

MCINTYRE: Meanwhile, U.S. Marines continue to flow into Port-au- Prince, Haiti. Right now, we're told that there are several hundred on the ground, there should be 300 Marines in place by the end of today. The authorization from the Pentagon is for up to 2,000 Marines, but today Defense Secretary Rumsfeld indicated that the ultimate number of U.S. troops on the ground may be far smaller.

(BEGIN VIDEO CLIP) DONALD RUMSFELD, DEFENSE SECRETARY: My guess is that the -- when all of the other countries that have volunteered forces, plus the U.S. forces are there for this infer up period, relatively short period, that the numbers will probably be less than 5,000 total, with everybody. And ours will be down in a small fraction of that.

I don't know what the number will be. But for the sake of argument, say 1,500 or 2,000, or less. But time will tell. We'll have what's needed.

(END VIDEO CLIP)

MCINTYRE: A lot will depend on what the situation on the ground is. That is, how much security is needed.

One question the Pentagon is debating right now is to the extent they're going to allow U.S. troops to intervene on what is essentially Haitian-on-Haitian violence, if that breaks out, to stop looting, to keep the peace. The Pentagon hinted today that U.S. troops will have some authority to take action to quell the violence, but they also want to make sure that they don't get U.S. troops bogged down in too much policework. After all, Haiti is a country that has a lot of crime normally. So that's one of the things they're working out.

The U.S. also wants to minimize the number of troops that take part in this force, and minimize the time they're there, hoping that other countries will be able to do the heavy lifting fairly soon -- Kara.

PHILLIPS: Jamie McIntyre, live from the Pentagon. Thank you.

O'BRIEN: Let's take a look now at some of the other stories making news across America. A possible break in the search for a missing Mississippi family. Authorities say they have information that could lead them to the bodies of Michael Hargon and his wife and young son. The Hargons disappeared two weeks ago now. A family cousin is in custody.

Hope is fading. The Coast Guard scales down its search for 18 people missing in a tanker blast off the Virginia coast. The tanker, carrying millions of gallons of ethanol, exploded and sank Saturday night. Six were rescued. Three have been found dead.

On the stand, NBA star Kobe Bryant is expected to testify today as part of a two-day hearing in Colorado. Tomorrow, the woman he's accused of raping is to take the stand. It's the first time the two will meet face to face since their June encounter. Bryant says the two had consensual sex.

PHILLIPS: Jury selection is under way in another trial tied to the Oklahoma City bombing nearly nine years ago. And this one could mean the death penalty for co-conspirator Terry Nichols. Nichols is already serving a life sentence for his role in that bombing that killed 168 people.

CNN's Susan Candiotti has that story. (BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): Victims' families are divided over a second effort to get a death sentence for Terry Nichols in the Oklahoma City bombing. Roy Sells lost his wife Lee.

ROY SELLS, VICTIM'S HUSBAND: I think he deserves nothing less than the death penalty.

CANDIOTTI: Bud Welch lost his daughter Julie. He says another trial is an expensive waste of time.

BUD WELCH, VICTIM'S FATHER: You know, you go through all of these emotions. It's been nine years now. And it's just scraping the scabs off all over again.

CANDIOTTI: When Nichols and Timothy McVeigh were tried separately in federal court, McVeigh was sentenced to death. Nichols was convicted only of being part of the bomb plot, and got life in prison without parole.

Now the state is putting Nichols on trial on 161 murder counts that were not part of the federal indictment. A recent Oklahoma newspaper poll shows 70 percent opposed to this trial, estimated to cost at least $4 million.

UNIDENTIFIED FEMALE: It's a waste. It's a waste of money to try him again.

UNIDENTIFIED MALE: It's not going to bring anybody back, and it's not going to change anything.

CANDIOTTI: In a last-minute twist, the FBI has begun an investigation into whether its own agents failed to look hard enough into possible links between white supremacist bank robbers and McVeigh. One of the robbers is ready to testify for the defense that another gang member said they were involved with McVeigh.

And this intriguing note. When first arrested, Nichols said a few days before the bombing McVeigh told him, "Something big is going to happen." Nichols reply? "Are you going to rob a bank?"

(on camera): Following an early morning hearing, the judge denied a defense request to delay the trial because of that New FBI review. However, the judge issued a stern warning. If it turns out the FBI was withholding information that would have helped Nichols, the judge promised to throw out the state's case. The trial is expected to last at least six months.

Susan Candiotti, CNN, McAlester, Oklahoma.

(END VIDEOTAPE)

O'BRIEN: Well, Mel Gibson's faith in moviegoers paying off big. Setting a record. PHILLIPS: Plus, do-it-yourself baggage check-in. One major airline is thinking about it.

(COMMERCIAL BREAK)

PHILLIPS: Well, from the Martha Stewart trial, to those involving capital crimes, police interrogations are under fire. Juries seldom see the questioning that leads up to confessions or other incriminating statements. And CNN's Adaora Udoji explains what happens when juries don't hear the whole truth.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): Some who back new proposals for a law enforcement to record criminal interrogations say consider the case of Michael Crowe. In 1998, police believed the 14- year-old had stabbed his younger sister Stephanie to death.

DETECTIVE CLAYTON: I'm sure you know.

MICHAEL CROWE: Why? God. No. I don't know. I didn't do it. I'll swear to that.

UDOJI: It's not clear what evidence police had, but "Court TV" reports they were bluffing. After a controversial four-hour interrogation, Crowe confessed. He was charged, but later cleared, after DNA tests implicated someone else.

Criminal attorney Norman Reimer says it's a classic example of a growing problem, coerced confession. According to the New York County Lawyers Association, such confessions contribute to 25 percent of wrongful conviction. Now, the group backed by the American Bar Association proposes requiring police to record interrogations.

NORMAN REIMER, PRESIDENT-ELECT, NY COUNTY LAWYERS ASSOCIATION: So that the jury can see what led ultimately to whatever statements the accused makes, enables the system to better judge whether, in fact, these can be relied upon.

UDOJI: Queens County district attorney Richard Brown argues these cases are rare, saying the current system of checks and balances works.

RICHARD BROWN, DISTRICT ATTORNEY, QUEENS, NEW YORK: I handle about 60,000 arrest cases a year. If I were in a position where I had to go ahead and videotape every custodial arrest, I would be spending all of my time doing that. The cost would be prohibitive.

UDOJI: But it's a growing trend. Last year, Illinois became the third state after Alaska and Minnesota to require taping interrogations.

(on camera): Experts say the debate is just beginning, fueled in part by new and inexpensive technology. Technology that some argue will help separate the innocent from the guilty.

Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

(MARKET REPORT)

PHILLILPS: Speaking of high maintenance...

O'BRIEN: Britney Spears, say no more, right? Apparently she's in the zone, though, when it comes to business deals. That's in our "Entertainment Buzz" ahead.

PHILLIPS: Plus, bigger than "Lord of the Rings"? The results are on "The Passion's" box office opening weekend. We'll tell you about it.

(COMMERCIAL BREAK)

O'BRIEN: All right. A busy news day, but not too busy to do the "Mars Minute." Let's start the clock. They're going to keep me honest today.

First of all, pictures of Opportunity's landing pad. Look at that rust-colored surface of Mars. Pretty cool, huh, Kyra? That's what it was sitting on top of. It rolled off that way, and then came around this way.

OK. Let's move on, because we've got to move quickly.

This is a close-up of some of the outcropping that Opportunity has been investigating. They call this El Capitan. It looks very much like it was shaped by water. Lots of reasons for that. We're going to tell you more about this today and tomorrow.

We'll take a look at the science device. This has the they call the RAT, the rock abrasion tool, which scrapes away the surface of the rock so that they can go through there with a spectrometer and determine what minerals are in those rocks.

Take a look as it moves down on the rock. And, as a matter of fact, look back there. That's one of the old RAT circles there that was used for a previous test.

And moving along here, look at this close-up shot. These are some interesting little things they call the blueberries and blueberry muffins, and stuff like that. The question is, were those shaped by water or by volcanic activity? There's a lot of consensus it could, in fact, be water.

But let's just leave it at that. We'll just say that the humidity is rising on Mars.

PHILLIPS: Love you, got to go.

O'BRIEN: Got to go. That wasn't so bad, was it?

PHILLIPS: I'm waiting for the next sound. (BEGIN VIDEO CLIP)

STEVEN SPIELBERG, DIRECTOR: Clean sweep, "The Lord of the Rings: The Return of the King."

(END VIDEO CLIP)

PHILLIPS: I was just trying to move things along. The Oscars top our entertainment headlines this Monday. "Lord of the Rings" finale, "Return of the Kings" won all 11 awards for which it was nominated.

The night's other big winners include Sean Penn for best actor in "Mystic River"; Charlize Theron, for best actress in the movie "Monster."

Now, a film not even in the running for this year's Oscars was the weekend's big winner. "The Passion of the Christ," it was number one with moviegoers, taking in more than $76 million. That movie has grossed more than $117 million since it opened Wednesday. The second best tally ever for a midweek release.

And MTV gets in the zone with Britney Spears, Miles' favorite musician. The Music Video Channel is sponsoring Spears' global tour for her CD, "In the Zone." It's the first ever sponsorship for MTV. Britney Spears' tour kicks off tomorrow in San Diego.

O'BRIEN: Al right. New York City may end up being the next battleground in the same-sex marriage controversy. The city council speaker is calling on Mayor Bloomberg to begin issuing marriage licenses to gay and lesbian couples. As history shows, this isn't the first time the institution of marriage has been a hot-button issue.

CNN's Bruce Morton looks back.

(BEGIN VIDEOTAPE)

BRUCE MORTON, CNN NATIONAL CORRESPONDENT (voice-over): One thing about marriage, it keeps changing. Go back far enough in this country and the wife was more or less a husband's property. If she married a foreigner, she lost her citizenship. A man didn't.

Women couldn't vote until the suffrage amendment passed in 1920. And critics worried marriage would be in trouble if women won that right.

Laws in some states banned interracial marriages, banned birth control. That's gone now. Married people decide those kinds of things on their own.

The number of people who live together without being married is going up, especially in Europe. "Newsweek" quotes a woman at the London School of Economics as saying that half of the 25 to 34-year- olds in Europe are cohabiting. And a number of European countries have partnership laws which cover them.

The Netherlands legalized same-sex marriage in 2001. Belgium in 2002, ahead of Canada.

Here, economics has changed marriage. Educated women used to be at risk of becoming old maids. Now they're the likeliest to marry. And it's low-income women who are least likely, which is hard on them because, of course, they're the ones who most need support.

Where is it all headed? Some critics think same-sex marriages will strengthen it. If they love each other, why not? One scholar wonders about contracts, not marriages, but arrangements to support each other between, say, an aunt and a niece, two sisters, two friends, and so on.

President Bush and Vice President Cheney, who four years ago thought regulating marriage should be left to the states, now favor a constitutional amendment, saying it can only be between a man and a woman. But if marriage has become a contract, and many think it has, then civil contracts may serve gay couples just as well.

For others, of course, it's a religious ceremony. Roman Catholics aren't truly married unless they're married by a priest, for instance. And surely the federal government won't try to regulate that or amend the Constitution to say what are and are not grounds for divorce.

Amending the Constitution is, as the men who wrote it intended, time consuming and difficult. Two-thirds majorities in the House and Senate, approval by three-fourths of the states. The president probably met his recommendation simply as an election year gesture to the party's right wing.

(on camera): The actual process could take years, which is probably good. We could all, during that time, take a deep breath, try to figure out where this remarkable institution called marriage is going, and whether we really want to change the Constitution in an effort to control it.

I'm Bruce Morton.

(END VIDEOTAPE)

PHILLIPS: That wraps up this edition of LIVE FROM.

O'BRIEN: Thanks for being with us. We appreciate you joining us.

CNN's "INSIDE POLITICS WITH JUDY WOODRUFF" is up next.

(COMMERCIAL BREAK)

PHILLIPS: I'm Kyra Phillips at the CNN Center in Atlanta. "INSIDE POLITICS" up next, but first the top stories this hour.

Feuding kidnapping claims in Haiti. The White House says U.S. forces did not abduct Haitian President Jean-Bertrand Aristide and force him to flee. Meantime, 200 more U.S. Marines are heading to Haiti today, as rebels converge on the Haitian capital. Investigators renew their search for a Mississippi family after making a "profound breakthrough" in their disappearance. The Hargons and their young son haven't been seen since Valentine's Day. A cousin is expected to be charged in the case, who police say was involved in an inheritance dispute.

Kobe Bryant in court today in Eagle, Colorado. His lawyers are asking the judge to allow information about his accuser's sexual past as evidence in his assault trial. The 19-year-old woman is scheduled to take the stand tomorrow for the first time in that case.

Prosecutors say Martha Stewart knew she was going to lie to investigators and "thought she would probably never get caught." Closing arguments began this morning in Stewart's obstruction of justice trial. Today's arguments are focusing on her stockbroker, Peter Bacanovic. The case is expected to go to the jury on Wednesday.

Now, JUDY WOODRUFF'S INSIDE POLITICS.

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





Development in Missing Family Case; Kobe Bryant Accuser in Court Today; U.N. Works to Stabilize Haiti; Closing Arguments Given in Martha Stewart Case>


Aired March 1, 2004 - 13:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, ANCHOR: From the CNN Center in Atlanta, I'm Miles O'Brien.
KYRA PHILLIPS, ANCHOR: I'm Kyra Phillips. It's Monday, March 1. CNN's LIVE FROM starts right now.

O'BRIEN: Aristide in exile. Marines on the march. Haitian rebels on a role through a jubilant Port-au-Prince.

The anti-Aristide forces who took northern Haiti by force swept into the capital unopposed today, and that's an understatement. Their so-called victory caravan was mobbed by cheering throngs as it made the round of police stations, while steering clear of the presidential palace.

U.S. Marines are stationed there and at the airport, where hundreds more of their comrades will soon be arriving.

We're all over this story with the latest developments with CNN's Lucia Newman in Port-au-Prince and Richard Roth at U.N. headquarters in New York.

Lucia, we begin with you.

LUCIA NEWMAN, CNN CORRESPONDENT: Hello.

Well, indeed the boys are back in town. Not only the U.S. Marines but also the rebels, as you mentioned.

They came into the town today, led by Guy Phillipe, a former police officer as well as Louis Jodel Chamblain, a former paramilitary and death squad leader.

The same people, at least in the case of Chamblain, that the U.S. Marines had come into Haiti a decade ago to get rid of, to restore President Aristide to power.

But as we know now, President Aristide is again gone. The Marines are here, trying to restore order.

Now, the rebels came within a half a block from the presidential palace. They stood at the general police headquarters. They were mobbed by thousands of people who were cheering and embracing them.

But right across the street were the Marines. They had already gone inside the presidential palace to secure that important part of the -- symbol, rather, of this country, of this nation and of democracy.

The palace had been looted after President Aristide had left, Miles.

At the moment, it is fairly calm here. Every once in awhile, you see people marching around, students, everyone else cheering, claiming that now that -- that Haiti is free again.

Although, Miles, I have to say not everybody here is so happy about this. In poorer parts of town or rather in the poorest areas of town, where the rebels have not gone, there is a lot of fear, a lot of fear that there could be revenge killings.

There are many people still in this country that supported President Aristide and who are afraid now that they will be hunted down, that there will be sort of revenge taken against them.

There are a lot of political passions still here. They are inflamed. People are very upset about what has happened. And, really, the interim government that was sworn in yesterday has not really made its appearance on the scene yet -- Miles.

O'BRIEN: Lucia yesterday, when Guy Phillipe dialed in Wolf Blitzer and gave an exclusive interview to CNN, he denied that he was interested in assuming the palace, in other words, assuming the presidency.

Are we to take that at face value, or you do suspect that he does have some motivation or desire to run the country?

NEWMAN: Motivation, yes, he has. It may not be to go to the presidential palace, but he has made it very clear that his men, who helped convince President Aristide that he had to resign want something in return. And that is the reinstatement of the Haitian army, in which they want to participate.

Remember that the Haitian army was disbanded a decade ago after the United States and other countries helped restore President Aristide to power. Now they want that army back -- Miles.

O'BRIEN: What would be the implications of that, Lucia? I mean, if you had all of these factions, and suddenly this group is fully represented and fully armed. That obviously tilts the balance of power there.

And are we off to another chapter of dictatorship in Haiti?

NEWMAN: Well, that is, of course, the very, very big fear here. Precisely.

I mean, some of these people are the very, very same people that had a dreadful track record of human rights violations, of coups d'etats, one after the other, of not respecting the democratic rules of the game at all. So we are hearing words of democracy, free elections, pluralism. But if they are going to play a role, the international community and many opposition leaders here who are calling for President Aristide's resignation will also have to be very, very careful that they will be the ones that will be allowed to rule here, the civilians and not, as in the past, the military dictatorships, or the guys who carry the guns, Miles.

O'BRIEN: Lucia, just talking about the situation on the streets right now, typically this can be a particularly dangerous time whenever you're talking about a revolution or a civil war because of the power vacuum that is left there.

Who -- Is anyone calling the shots right now? And if so, how dangerous is it right now?

NEWMAN: Well, that's exactly the power vacuum that the United States and other countries are trying to fill with their multi- national peacekeepers here, to try to back up the civilian government, the government of the interim president, until a provisional government, a proper provisional government can be set up and the Haitian police force can be seen as the ones who call the shots out on the streets.

But right now, although we are seeing more police patrolling, they have been completely absent during the days of chaos leading up to the resignation of President Aristide. We're seeing them on the streets again.

But it is not quite clear yet who is in control of the city. Although I must say, things are more peaceful than they had been.

Overnight, however, despite the fact that there was a curfew, we did hear gunfire going off in several parts of the city. And the morgue this morning was full of bodies, many of them killed execution style, Miles.

O'BRIEN: Dangerous time in Haiti. Lucia, Newman, thank you very much. Keep us posted.

This year marks the 200th anniversary of Haiti's independence from France. But, of course, it's a dubious milestone. In that time, 32, now 33 Haitian governments have been overthrown.

Aristide himself was toppled in the early '90s, as you recall, only to be restored by U.S. forces about 10 years ago.

The U.S. secretary of state calls it a sad story but one that didn't warrant rushing to Aristide's defense a second time.

(BEGIN VIDEO CLIP)

COLIN POWELL, SECRETARY OF STATE: We responded when there was something to respond to that we felt was appropriate to respond to. And that was a change in the political situation, in this case, the departure of President Aristide. All those who say we should have gone in earlier were advocating the position that we should go on the side of a president running a flawed government, a flawed presidency.

And we were not prepared to do that and find ourselves trapped once again for an indefinite period, supporting an individual who may have been elected democratically but was not governing effectively or democratically.

(END VIDEO CLIP)

O'BRIEN: We expect to hear more about Haiti when Defense Secretary Donald Rumsfeld and joint chiefs chairman Richard Myers hold a news conference later this hour. And we'll bring you that live, beginning at 1:30 Eastern, 10:30 Pacific.

PHILLIPS: A profound break in the two-week-old missing family case in rural Mississippi.

The adjective comes from a state investigator who won't say what the development is, only that it came out of interviews with the cousin of the man who vanished from Yazoo County, along with his wife and 4-year-old son, on Valentine's Day.

The cousin was jailed over the weekend on drug and gun charges.

Helping us weave the story together is Mike Brooks. He's in Yazoo City.

Mike, what do you know?

MIKE BROOKS, CNN CORRESPONDENT: Hello, Kyra.

As you said, there has been a new, what they're calling a major development in this case.

But for now, everything in Yazoo County is on hold. There was supposed to have been a hearing today at 9:30 Central Time, here in Yazoo County court. But that was put on hold. They're supposed to have a press conference.

All of the major players in the investigation were flown by helicopter back to Smith County, where they had been searching all weekend.

But they felt that they still had enough, even prior to this development from searches over the weekend, to proceed with the case.

(BEGIN VIDEO CLIP)

WARREN STRAIN, DEPARTMENT OF PUBLIC SAFETY: The federal and state task force that's set up here in the courthouse behind me has been operating for over a week now.

During the course of that, I've said we developed 400 leads in the case. We're moving forward with those leads. Over the past weekend, spent the better part of the weekend in an extensive search in Smith County about 75 miles as the crow flies to the south of here. We spent the entire weekend out there searching, based upon some information we had developed.

That was fruitless, and so therefore we've come back here. We're developing the leads and will move forward at this point.

(END VIDEO CLIP)

BROOKS: Now, right now, they still do not know when they will be back in court here. Again, put on hold until further notice.

A short time ago, we did see the family over at Beckham (ph). The Hirtz family were here. They walked through the courthouse. We attempted to ask them if they had heard about the new developments in Smith County.

They seemed very, very upset. They would not talk with the media.

But right now, Kyra, the Hargon family is still missing. They still do not know their whereabouts.

PHILLIPS: Mike Brooks, live from Yazoo City. Thank you.

O'BRIEN: Across America this hour, bully, if the very word triggers post-traumatic playground stress, you'll appreciate a new campaign by the U.S. surgeon general and Miss America 2003. It's called, "Take a stand, lend a hand, stop bullying now."

Witness for the prosecution, a friend of Jayson Williams, possibly a former friend, says the former NBA star tried to put a dead chauffeur's fingerprints on the shotgun that killed him.

Williams is charged with accidentally shooting Gus Christofi a year ago and then trying to make it look like a suicide.

And Terry Nichols on trial again for the Oklahoma City bombing of '95. He's already serving a federal life sentence, as you'll recall. But now it's the state's term to try him on 161 counts of first-degree murder. He could face the death penalty if convicted there in Oklahoma.

PHILLIPS: Once again, NBA star Kobe Bryant is off the court and back in the courtroom in Colorado today for what's expected to be a tense two-day hearing.

It will be the first time the alleged rapist and his accuser are to meet face-to-face since their June encounter.

CNN's Adrian Baschuk joins us live outside the courthouse with more -- Adrian.

ADRIAN BASCHUK, CNN CORRESPONDENT: Good afternoon. An LAPD officer is currently on the stand testifying. And LAPD officer, you ask? Well, he is one of Kobe Bryant's bodyguards that was present when police questioned him just 24 hours after the alleged rape. And he testified on the stand that he did not hear police place Kobe Bryant under arrest.

This is key testimony. Miles, you talked about the balance of power in Haiti. Well, this certainly tips the scales towards the defense, a win for them if they get Kobe Bryant's statement suppressed in this pre-motion hearing.

Also the prosecution was chided by the judge in this case for withholding evidence from the defense. They ordered the prosecution to hand over all samples of the accuser's underwear they say was withheld from the defense. And that is key testimony again today -- Kyra, Miles.

PHILLIPS: Adrian Baschuk, live from Colorado, thank you -- Miles.

O'BRIEN: What's the first mission for American Marines on the ground in Haiti? We expect a live Pentagon briefing in about 15 minutes from now should have some answers.

And the Peterson case: police taped 3,000 phone calls. but will any make it into the trial?

(COMMERCIAL BREAK)

PHILLIPS: Now to the United Nations, where diplomats worked at warped speed, diplomatically speaking, to stand up a peacekeeping force.

But that's not the end of it. The Congressional Black Caucus meets today with the U.N. secretary-general, pressing its view that democracy, and we quote, "has a black eye with Aristide's ouster."

CNN's Richard Roth has the latest now -- Richard.

RICHARD ROTH, CNN CORRESPONDENT: Yes. The United Nations is sending an assessment team to Haiti in the next few days to start gathering information for what will be needed when the U.N. takes over, believed to be in three months, from a multi-national force.

One of the members of that multi-national force is likely to be Canada. Its prime minister, Paul Martin, met with Secretary-General Kofi Annan today to discuss many issues, including developments in Haiti.

Last evening, the full Security Council, Canada not a member of the council at this time. The full council voting 15-0 to send a multi-national force on an interim basis to secure the peace there and to help the Haitian coast guard stop a flood of refugees.

Some have discussed a bad precedent being set for military toppling of a democratically elected president. The U.N. spokesman today would only say the secretary-general feels everything should be observed on a fair, democratic and constitutional basis. But there was a crisis.

(BEGIN VIDEO CLIP)

FRED ECKHARD, U.N. SPOKESMAN: The president chose, as one way of resolving that crisis, to resign and allow elections to go forward on a constitutional basis.

I'm not sure that we are concerned about precedence, but rather just looking at how to put Haiti on a solid institutional basis, so that it can conduct its affairs in the future along predictable lines.

(END VIDEO CLIP)

ROTH: Likely to disagree with some of that analysis, members of the Congressional Black Caucus will be meeting in several hours here in U.N. headquarters with Secretary-General Annan, this meeting was scheduled before the ouster of Aristide.

Back to you, Kyra.

PHILLIPS: You tend to wonder when that assessment team could head over there, Richard Roth, considering the environment right now. Security a major issue, Marines just trying to stabilize the area.

ROTH: Yes. The U.N. saying its staff has been told not to leave home. And that until the security situation quiets down, international aid will not be possible to get access to the people.

PHILLIPS: Richard Roth, live from the U.N., thank you -- Miles.

O'BRIEN: Martha Stewart's fate could be in the hands of a jury within days. Prosecutors are delivering their closing arguments in her high profile stock fraud trial.

CNN financial correspondent Allan Chernoff is following the developments, as he has every step of the way, from New York City.

Hello, Allan.

ALLAN CHERNOFF, CNN CORRESPONDENT: Hello, Miles.

And in fact, just minutes ago, Michael Schachter, the prosecutor for the government, concluded his closing statements, spending about three hours explaining to the jury exactly why Martha Stewart and her stockbroker, Peter Bacanovic, were not telling the truth when she said that she sold her ImClone stock simply because of a $60 agreement, an agreement to sell the stock if it fell below $60.

Mr. Schachter described that as a story that was hatched, a story that had absolutely no basis in truth.

He ran through the evidence that had been presented over this trial during the past five weeks. He focused plenty of time on the star witness, Douglas Faneuil. He, of course, the assistant to Peter Bacanovic. Douglas Faneuil testified that he had told Martha Stewart that Sam Waksal, then the chief executive of ImClone, was trying to dump his stock back on December 27 of 2001.

Also, he focused on Mariana Pasternak, a close friend of Martha Stewart, who was vacationing with Ms. Stewart shortly after she sold her ImClone stock. And Ms. Pasternak testified that Martha had told her that Sam Waksal was either selling or trying his stock and that his daughter had either sold or was trying to sell her stock.

Also, there was a focus on Ms. Stewart actually sitting down at her assistant's computer and trying to change a message her assistant had taken regarding the entire ImClone affair, a message from the stockbroker, Peter Bacanovic.

He added all the evidence up and said to the jury that this is quite a clear case, that Martha Stewart and Peter Bacanovic have lied to the government -- Miles.

O'BRIEN: Allan Chernoff in Manhattan -- Kyra

PHILLIPS: Well, it's no more Mr. Nice guy for Democratic hopeful John Edwards. Straight ahead, an update from the campaign trail as the candidates get ready for Super Tuesday.

Also, drafting a new law of the land. We're live in Baghdad as Iraq takes another step toward democracy.

And the around the clock search continues for 18 crewmen missing from a deadly tanker explosion. And update straight ahead.

(COMMERCIAL BREAK)

O'BRIEN: Live pictures now from the White House, Scott McClellan beginning his briefing.

He was asked about these reports that swirling around that Aristide might have been abducted out of Port-au-Prince, Scott calling them essentially nonsense.

Let's listen.

(INTERRUPTED BY LIVE EVENT)

PHILLIPS: Live from the White House briefing there. Aristide abducted or just trying to save face?

You just heard White House press secretary Scott McClellan. He said absolutely, it's complete nonsense. However Aristide's people are sticking to this.

OK. We had a sound byte with Aristide's attorney. I guess we'll try to get to that into the interview.

Meanwhile rebels are still swarming the capitol. Hundreds of U.S. Marines in Haiti with more on the way.

As we're telling you, the nation in absolute turmoil. What happens next and what will the U.S. do?

We're going to go to our national security analyst Ken Robinson. He joins us now from Washington as this news continues to break.

Ken, good to see you.

KEN ROBINSON, CNN NATIONAL SECURITY ANALYST: Hi.

PHILLIPS: Let me first get you to respond? Do we have that sound of Aristide's attorney?

Let's listen to that, please.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Today I have learn that the president of the Republic of Haiti was kidnapped by United States Marines on Saturday evening, taken forcibly from his home, in Tabar (ph), put on a United States military aircraft, at which point he was separated from his security, and was told that they would not tell him where he was going.

(END VIDEO CLIP)

PHILLIPS: Ken, Scott McClellan saying this is absolute nonsense. What do you think is happening here? Is Aristide trying to save face?

ROBINSON: It sure looks like buyer's remorse to me, Kyra.

The two things to analyze are: when he landed in Antigua for a refuel stop, he spoke with Caribbean leaders. And at that time, he didn't say he was being kidnapped.

When he landed in the Central African Republic, he again addressed the nation on radio and again, he made no mention of this.

And now, all of a sudden, he's making late calls in this regard. I think it's pretty specious.

PHILLIPS: All right. Moving on from that. Of course, I'm sure he'll come out through the day.

Let's talk about who is in charge, who could be in charge, who should be in charge. Right now, the Marines, they have about 72 hours to get a country in order and to get people believing in them.

Ken, we're going to come back to you in just a moment. I'm going to ask you to hold on. We've got to go to the Pentagon now. Defense Secretary Donald Rumsfeld, Richard Myers, joint chiefs of staff, next to him.

Let's see if they're talking about Haiti.

(INTERRUPTED BY LIVE EVENT)

O'BRIEN: We're going to leave the live coverage of the briefing for just a moment.

On the line with us now from California is Representative Maxine Waters, Democrat of that state.

And Congressman Waters, were you able to listen to the briefing at all?

REP. MAXINE WATERS (D), CALIFORNIA: I heard some of the briefing, yes.

I heard a reporter tell a lie and said that I said that Aristide had been led away in handcuffs. I did not say that. And I made it clear that I had asked him and he said he had not been led away in handcuffs.

O'BRIEN: All right.

WATERS: So that needs to be cleared up right away.

O'BRIEN: Let's backtrack then. Let's -- For those who haven't heard you say it right from your mouth, what exactly have you heard and did you hear it directly from Aristide?

WATERS: Yes. As a matter of fact, I was called this morning a little after 6 a.m. and Mildred Aristide was on the line and she said to me, "Maxine, the coup d'etat has been completed." She repeated it twice.

And I asked her how was she doing, how worried we were about them. We didn't know where they were.

And she said they were fine, they were OK. But she wanted me to know that the coup d'etat had been completed. And she put the president on the line.

The president said that he had been forced to leave his home, that Mr. Moreno, who is the DCM or the chief of staff of the American embassy in Port-au-Prince, had come to his home with other diplomats and Marines.

And they had told him he had to go, and he had to go now. That if he did not go, he would be killed, and lots of other Haitians would be killed.

They said that Guy Phillipe, the ex-military guy from France (ph), the old military machine under Sadres and the Duvaliers were coming to Port-au-Prince, and they would be coming with American Marines. And a lot of people were going to be killed. And he's got to go now.

He said he was forced to go, to get on the airplane, along with Mildred, his wife, his brother, and two other security officers. And I have their names here somewhere. O'BRIEN: Well...

WATERS: They were first taken to Antigua, and then they were taken to a military base.

They would not tell them exactly where they were going and that they have ended up in the Central African Republic.

They were met by five ministers of government. They were taken to the palace of the Renaissance; that's the name of the building. They don't know whether it's a hotel or some other kind of building. And that they were under guard by a combination of French and African officers.

They also told me that African military was on the plane with them, along with American military.

The other two gentlemen are from the Steel Foundation (ph), the two security people. One is named France Gabriel (ph), and the other one is Mr. Bartiome (ph).

O'BRIEN: Is it your understanding that it is the impression of Mr. and Mrs. Aristide that they're under some sort of house arrest where they're at right now?

WATERS: Yes. He said he felt like he was in jail and that they could see out of the window and they were being guarded by the military there. Yes, he felt like he was under arrest and in jail.

O'BRIEN: Congressman Waters, there is any number of reasons why the Aristides would want to portray this as the story. A little bit of early revisionist history, if you will, writing it on the fly, quite literally.

Do you have reason to take this at face value, or is it quite possible that they're trying to fabricate some sort of myth here in the wake of their rule?

WATERS: I'm not trying to interpret anything. I'm simply giving you the facts. He told me this information as he did Congressman Rangle, who was also told...

O'BRIEN: Do you believe what they said?

WATERS: Well, just a moment. He told not only me and Congressman Rangle, but he also told other people: Randall Robinson.

Now, what you need to ask is this. Would he call three different people, two members of the United States Congress, and tell us that he had been kidnapped, that a coup had taken place, unless he believed that?

And do you think that we would make this information up? We're members of Congress, elected by the people. We have to be very careful about what we say and what we do. We don't make up things to tell anybody that were told to us by what was a head of state. O'BRIEN: Congressman Waters, no, no, no. You misunderstand me. I don't doubt that you had this phone call, and I don't doubt that that's what you heard on the phone.

The question I'm asking you is, do you doubt their veracity in any way?

WATERS: Listen, I tend to doubt the State Department, and I tend to doubt Mr. Noriega and people who have been in charge of advancing this policy.

I find that I've been lied to over and over again. And I raise significant question if his country, the country of Haiti, was invaded by the people who were in exile, who were known killers, members of the old regime, if they invaded his country, why didn't they try to get the invaders out?

Why did they not send in people to help secure that country? Why did they wait until after they had gotten Mr. Aristide out?

And why are these so-called rebels, who are really criminals and thugs, riding up and down the streets of Port-au-Prince in their old military dress after they have come in to invade the man's country?

So I have a lot of questions of my own government at this point.

O'BRIEN: So just to sum up here, what you're alleging is fairly serious. You're saying this was somewhat a coup that was engineered by the U.S. in some fashion?

WATERS: Well, absolutely. President Aristide said it was coup. And I do know that it was participated in by the United States.

Mr. Noriega at the State Department, who you guys never talk to. He's not on record a lot, but he is behind the whole plan. He's the one that has been talking with everybody.

He's the ex-chief of staff to Jesse Helm. He's on record for years of putting -- undermining Haiti, of denying them funding. He is known as a Haiti hater. And he's in charge of this policy.

And you guys ought to find out his history and who he is and what his connection is to Mr. Andy Archade (ph) Jr., who led the so-called protest that was joined by the thugs and rebels and how they got back into the country.

You really need to dig us up some information here.

O'BRIEN: Representative Maxine Waters, Democrat of California, thank you very much -- Kyra.

WATERS: You're welcome.

PHILLIPS: A number of things, Miles, that the congresswoman had to say. I want to bring national security analyst Ken Robinson back from Washington. A number of points I want you to respond to, according to the congresswoman.

First, let's talk about the subject matter of was Aristide kidnapped; was he abducted? These phone calls that allegedly transpired, Maxine Waters saying that she talked to President Aristide, also his wife, Mildred, saying that the president told her he was forced to leave his home with diplomats and Marines.

Now, if a kidnap or an abduction, some type of Special Forces or special operations evacuation took place, you wouldn't have diplomats side by side with military, correct?

ROBINSON: I believe what we probably had happen here, and we'll need to find this out in the next couple of days, was probably United States State Department diplomatic security personnel, who look very similar to military personnel, because they are performing the same security functions and have to be prepared to render security for the president.

I mean, it's an incredibly volatile situation occurring in Haiti. I was there in '94 when this happened the last time. And you can't control these groups of armed thugs which is moving around the city.

They're not armies. They're groups of people, and each of them can become very violent very fast.

And it sounds like, from listening to the last 12 hours, it sounds like the situation on the ground got to the point where he was in extreme danger. And the diplomatic security forces moved up their timeline in moving him.

But they certainly would not have done it without his request for them to be there. General Powell orchestrated a very peaceful end to the '94 crisis by appealing directly to General Sedrus (ph), one general to another.

And he's been very careful in this crisis to orchestrate it and dot the "i's" and cross the "t's" diplomatically. And I can't imagine them making a mistake like that.

PHILLIPS: What you said -- or what you had to say, Ken, definitely parallels what Defense Secretary Donald Rumsfeld said just a few moments ago, that it was not the Defense Department that was involved in this evacuation. It was the State Department and embassy.

That's what you are saying, that individuals would look like, I guess you could say a Special Forces group in combat gear.

Maxine Waters asking the question, why take the president out? Why not take the rebels out? From a Special Operations perspective, you were there in '94 for that intervention, will you explain why it goes -- why things happen this way? Why the president is taken out and Marines come in to try to stabilize the rebel forces?

ROBINSON: Well, No. 1, it would take an enormous invasion force to try to invade and take down Haiti.

In '94, there was over 20,000 Special Operations, conventional forces, Marines all put together for a large task force that was going to do that task.

This situation here is completely different. It's a neo- evacuation. The situation on the ground is such that he is the flashpoint, he is the center of problems because for 18 months he has been ruling by decree as a dictator. He has no legitimacy amongst the population.

There are three groups of rebels who have come together, with the enemy of my enemy being my friend, trying to remove him from power. And they very clearly said that if he remained he was the flashpoint. And as those groups moved closer to the presidential palace, it became clear that there was going to be bloodshed.

And I think in this situation, removing President Aristide and taking him out of the country has saved lives and has prevented that bloodshed.

Now the question is, is can this force this forces, this Marine force on the ground, and the French work together and do stability operations, because they're not going to be able to disarm these rebels.

These rebels may take their weapons and put them away, but they're certainly not going to disarm. So they have to find legitimacy and find it very quickly.

PHILLIPS: So, final question on that point, Ken. Taking a look at government, political opposition, rebel opposition, a lot of different players in the mix, wanting to rule this country.

But you're saying right now it comes down to probably a lieutenant colonel in the marines who has 72 hours to make some pretty critical decisions, deciding if this is going to be a peace making deal or a combatant situation.

ROBINSON: He has to work his rules of engagement with his forces to very carefully make sure that the population that they're dealing with do not see them as taking sides but see them as part of a stability force which will enable them to then create a legitimate government.

Guy Philippe has said that he's going to put his arms down. The other rebel forces, I haven't heard them articulate the same. The next few days are going to determine whether or not they will try to influence that.

And remember, there's a lot of other non-state actors who are on this island, to include drug dealers and others who have an interest in what form of government takes place there.

So it's very important. It's very important for our region, our hemisphere, to make sure that we do not have a failed state in Haiti. PHILLIPS: Or a serious refugee problem.

National security analyst Ken Robinson, we'll be talking a lot more today and tomorrow, I'm sure. Thanks for your time.

ROBINSON: Thank you, Kyra.

PHILLIPS: Miles.

O'BRIEN: The secretary of state, Colin Powell, is now approaching the podium at the State Department in Foggy Bottom in Washington.

You heard the secretary of defense just a few moments ago, deferring several questions to the State Department. This is a joint press conference with ministers of the European Union.

And thus, we're going to monitor it for a little while. And as soon as it heats up and gets to the subject of Haiti and to matters of concern to us in the news business today, we will bring it to you.

So stay with us.

(COMMERCIAL BREAK)

PHILLIPS: Haiti in crisis, rebels in the capital, U.S. Marines on a mission to restore order to that embattled country.

O'BRIEN: The Kobe Bryant case, will the alleged victim's sexual history be a part of this trial? We are live from the courthouse.

PHILLIPS: Mystery disappearance, a family of three vanishes, but there is word now of a major development in the case.

O'BRIEN: And beware of spyware. Is your computer revealing your secrets? A new push to keep you from being spied on.

From the CNN Center in Atlanta, I'm Miles O'Brien.

PHILLIPS: And I'm Kyra Phillips.

We're also getting you ready for Super Tuesday surprises. This hour of CNN's LIVE FROM... starts right now.

O'BRIEN: We begin this hour with celebration and trepidation in Haiti. The vacuum created by newly ousted President Jean-Bertrand Aristide is being filled today in chaotic fashion by the rebels who ousted him and by masses of their jubilant supporters. Dozens of U.S. Marines are there, too, more on the way, as are hundreds of U.S. -- U.N. sanctioned peacekeepers from France, Canada and several of Haiti's neighbors.

We have the latest now from CNN's Lucia Newman live from Port-au- Prince -- Lucia.

NEWMAN: Well, the boys are back in town now, not only the U.S. Marines, but also members of Haiti's former army. The same army that a decade ago more than 20,000 U.S. forces had come to this country to help dissolve, to disband that army in order to restore President Aristide to power. Now the Marines are back here to help restore order to this country, but without President Aristide, who is now in exile in Africa.

Now the rebels marched into the country this morning, into the capital, rather, in a long victory caravan. They were met by thousands of jubilant people saying, screaming out their names. Guy Philippe, Guy Philippe they chanted, the name of the rebel leader now. He is a former police chief of Cape Haitian. He is commanding this group.

We saw about 30 or 40 very heavily armed rebels in town. They went from one police station to the other until they finally ended up in front of the general police headquarters right in front of the presidential palace. But they did not try to go into that palace. Marines were guarding it. The U.S. Marines were in there on force after the palace had been raided, we understand, looted with the departure of President Aristide some time yesterday.

Things are fairly calm right now, although there have been reports of looting in the port. And overnight, although there was a curfew, there were shots fired and heard throughout the city. In the morning, there were several bodies out in the street killed execution style. The morgue, we were told, was also full of bodies, many of them killed in a way that would indicate that they were revenge killings, vendettas.

The Marines, in the meantime, are supposed to be re-establishing order here, but they have started with the palace. It is still a rather frivolous (ph) situation and still not clear exactly who is in charge yet.

Lucia Newman, CNN, Port-au-Prince, Haiti.

O'BRIEN: Let's get some reaction on developments in Haiti from the White House. Joining us now live from the North Lawn is CNN's Kathleen Koch -- Kathleen.

KATHLEEN KOCH, CNN CORRESPONDENT: Well, Miles, first of all, some of the most interesting developments that we have to report to you are a series of phone calls that apparently have been made by the former President Jean-Bertrand Aristide to members of the U.S. congressional black caucus and then also a black activist in the United States.

And in these calls, these lawmakers report that Aristide insists that he was ousted against his will. That he was taken by force and made to leave his country under armed guard. Armed marines who were with weapons came to -- came to where he was, told he and his family that they had to leave, put them on a plane, made them close the shutters, the shades of the plane and he had no idea where he was going or why.

Now the -- this, obviously, as unrest continued throughout Haiti. When we brought this question up at the White House briefing today, and to other officials both at the State Department and the White House, the complete response we have gotten from everyone is that this is nonsense.

(BEGIN VIDEO CLIP)

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: As I said, it's nonsense. And conspiracy theories like that do nothing to help the Haitian people realize the future that they aspire to, which is a better future, a more free future and a more prosperous future. We took steps to protect Mr. Aristide. We took steps to protect his family as they departed Haiti. It was Mr. Aristide's decision to resign and he spelled out his reasons why.

(END VIDEO CLIP)

KOCH: There were some questions about that final statement that Scott McClellan made saying that the U.S. took steps to protect Aristide as he left. While there are now some roughly 200 Marines on the ground in Haiti, Scott McClellan said that none of those Marines were there, were around Jean-Bertrand Aristide. That he was in, as McClellan put it, in the company of his own security team. So some question there as to what the protection afforded was.

O'BRIEN: CNN's Kathleen Koch at the White House -- Kyra.

PHILLIPS: New developments in a number of legal cases today. Jury selection is under way in a new trial for convicted Oklahoma City bomber conspirator Terry Nichols. If convicted on state murder charges, he could face the death penalty.

Closing arguments in the trial of Martha Stewart, soon a jury will have to decide if she lied to investigators about the sale of her ImClone stock.

And Kobe Bryant will share the courtroom with the woman who is accusing him of sexual assault. A pre-trial hearing is under way in Eagle, Colorado.

Our Adrian Baschuk is in Eagle now for Bryant's hearing -- Adrian.

BASCHUK: Good afternoon.

An LAPD officer took the stand this morning. An LAPD officer, you ask, what does he have to do with this case? Well he was one of Kobe Bryant's bodyguards present when police questioned him just 24 hours after the alleged rape occurred. And he testified in court today that he did not, and he is a member of law enforcement, he did not hear officers tell Bryant he was under arrest.

(BEGIN VIDEOTAPE)

BASCHUK (voice-over): Kobe Bryant arrived in court fresh from his Los Angeles Lakers win over the New Jersey Nets last night. Now his defense team will try to win pivotal rulings from the judge. LARRY POZNER, FMR. PRESIDENT, NATL. DEFENSE ATTORNEY'S ASSOC.: Every time the prosecution loses one of those motions, their case gets weaker and weaker and weaker.

BASCHUK: Legal analysts say the jury may hear plenty about the accuser's past, despite Colorado's stringent Rape Shield Law.

POZNER: This case is upside down. In this case, it's the defense that's filing the motion, saying, judge, we have a great deal of evidence, facts we want a jury to hear.

BASCHUK: The Colorado Coalition Against Sexual Assault, a group vigorously fighting for sexual victims' rights, has publicly criticized Bryant's defense team for, it says, trying this case in a court of public opinion.

CYNTHIA STONE, COLORADO COALITION AGAINST SEXUAL ASSAULT: We've been very disturbed about this case from the very beginning, because of the way that the victim's privacy has been violated, many times, we feel, deliberately by the defense team.

BASCHUK: The judge will also hear arguments on whether or not statements Bryant made to police just 24 hours after the alleged rape, statements police surreptitiously recorded, will be admitted in the trial as evidence.

(END VIDEOTAPE)

BASCHUK: Also this morning, the judge lashing out at the prosecution for withholding evidence, a serious charge. The judge ordering the D.A. to hand over two samples of the accuser's underwear to the defense -- Miles, Kyra.

PHILLIPS: Adrian Baschuk from Eagle, thank you -- Miles.

O'BRIEN: To Mississippi now and a major break in the case of a missing family. A cousin of the Hargon family is already in custody. Investigators now say their case is stronger after what they are calling profound breakthroughs.

CNN's Mike Brooks has details. He joins us live from Yazoo City, Mississippi -- Mike.

MIKE BROOKS, CNN CORRESPONDENT: Good afternoon, Miles.

Well everything right now in Yazoo City, Mississippi has been put on hold. Earnest Lee Hargon was supposed to make an initial appearance here in court this morning, but officials came out before his appearance, and there was supposed to be a press conference afterwards, and said that everything will be put on hold until further notice.

The reason, they weren't saying, but they said there have been some breaks in the case.

(BEGIN VIDEO CLIP) WARREN STRAIN, MISS. DEPT. PUBLIC SAFETY: Developments that have just come to light, some very profound developments in terms of what we're doing here, not only with the prosecution of Mr. Hargon, but also the location of the missing family.

QUESTION: Did they find the bodies?

STRAIN: I'm not going to -- I don't know. I can't speculate on that. All I know is that there is something very profound that is going on at the moment as we speak.

(END VIDEO CLIP)

BROOKS: Now, Miles, they said that this information came through interviews late last night and early this morning. Who those interviews were with, with what they were with, whether or not they were with Earnest Lee Hargon or not, they are not saying. But they felt that they had enough evidence from this weekend's searches to go ahead with these multiple felony counts whether or not they had found the Hargon family -- Miles.

O'BRIEN: All right. Thank you very much, Mike Brooks in Yazoo City, Mississippi.

Back now live to Washington. Secretary of State Colin Powell taking some questions. He's talking about this allegation about the abduction, so-called abduction of Aristide.

Let's listen.

(INTERRUPTED BY LIVE EVENT)

O'BRIEN: All right. With that we're going to leave the briefing and the Secretary of State. And we'll continue to monitor it. But I think that's probably all he is going to say today about the Haiti situation, a pretty forceful statement.

Coerced confessions, what happens when police push too hard? Take a look at this.

(BEGIN VIDEO CLIP)

MICHAEL: Where did you find the blood?

DETECTIVE CLAYTON: I'm sure you know.

MICHAEL: Why? God. No. I don't know. I didn't do it. I'll swear to that.

(END VIDEO CLIP)

O'BRIEN: This 14-year-old's case is inspiring a push to make the police back off a little bit.

A new constitution in Iraq, will the document lead to democracy? CNN's Nic Robertson in the house. (COMMERCIAL BREAK)

O'BRIEN: Words to live and govern by. The ink is drying on Iraq's new interim constitution. The Governing Council finished it this morning, a little behind schedule. But council members say such important documents worth a little extra time.

Baghdad is normally the home base for our senior international correspondent Nic Robertson. Actually, he's a citizen of the planet, really. He's everywhere. But he's here in Atlanta working on a documentary on this very subject of forging some sort of government out of the ashes of Iraq.

Nic, good to have you with us.

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Good to be here, Miles, thank you.

O'BRIEN: Let's try to assess the accomplishment there. How much has been accomplished thus far and how real is this document?

ROBERTSON: This document is very real. I mean it's an interim constitution, but it's expected to be the basis for the main constitution that will be written up once there are elections, once there is a government in place, perhaps as early as the beginning of next year in Iraq. So it's very real. The achievement of actually getting these 25 members of the Governing Council to agree is quite an achievement. If a day late, it's still an achievement.

O'BRIEN: To what extent can any document, any piece of paper bind together these three main ethnic factions that comprise what we know as Iraq?

ROBERTSON: It's very interesting, because it outlines a federal structure that there will be the 18 provinces that have always existed in Iraq, but they will be free to group among themselves as they will. And perhaps that may mean that the Kurds in the north may take two, maybe three provinces together. The Shi'as in the south fear (ph) to take a number of provinces in the south together. Perhaps Baghdad is more free and can work between the three different groups. But there is an element here that allows them to separate but within the federal structure but go as their own way. There is something in this constitution that it had to be this way. And there is something in it for everybody.

O'BRIEN: And that, of course, can lead to ungovernable situations when there is something for everybody, sometimes.

ROBERTSON: If the central government isn't strong enough, that could be the case.

O'BRIEN: All right. Let's talk about the role of Islam in all of this. This is -- this is the 800-pound guerrilla as they try to write this whole document. There are many people, Shi'as in particular, who believe the only viable political leaders are also their religious leaders. That makes for a difficult way. How do you negotiate around that, put it that way?

ROBERTSON: Well very interestingly, when it came down to a key issue in drafting the constitution on should the Shi'a clerics essentially have their way, eight Shi'a members of the Governing Council stepped out. But there are 25 so they weren't the majority.

So perhaps the coalition in appointing members of the Governing Council has managed to do it in such a way that the Shi'a clerics wouldn't be able to block any changes in law and these changes. What they have done is repeal a law that would diminish women's powers in the state of marriage, divorce and in inheritance.

O'BRIEN: Well let me ask you this, and maybe this has something to do with why the Shi'a were willing to stay and negotiate, is there a sense that this is really the only game in town and if you don't participate, you're not going to get a piece of whatever Iraq emerges?

ROBERTSON: That's absolutely true. But it's been -- the constitution has been drafted very carefully down to the word. If you look closely, there is a reference that Islam is a source of -- for the constitution rather than the principal source, a very clever usage of words. And an acknowledgement there to Shi'as as well that no laws will be drafted that go against the tenets of Islam. So there is something that they can walk away happy with from the table there.

O'BRIEN: In some -- the heady days really in advance of the invasion, there was talk of the U.S., you know, instituting a bright shining beacon of democracy in Iraq. I'm curious if that is an attainable goal and any near-term goal time frame? And I'm also curious if the people on the street understand what that even means?

ROBERTSON: They are still learning what democracy is. Thirty- five years under Saddam Hussein and the Ba'ath Party rule, for a vast majority of people in Iraq, they haven't known anything else. What in drafting this constitution has happened is that some -- the really tough issues have been pushed off to later. So it's clear there is going to be an evolution, whether the Kurds or how much autonomy the Kurds should have in the north of Iraq, whether or not they should control the oil that comes from underneath the ground in that region.

So in achieving democracy, it's going to be a long, slow process and there are key issues that the constitution has purposely sidestepped because they are perhaps some of the potential trouble spots ahead.

O'BRIEN: It won't be easy, won't be fast. Nic, tell us briefly about the documentary and when we can see it.

ROBERTSON: It's going to be a view of Iraq through six different, very, very different people. You'll walk a mile in their shoes. You'll understand Iraq from their view and what they think about the country. It very much defines the future of Iraq at this time.

O'BRIEN: End of this month, right?

ROBERTSON: End of this month.

O'BRIEN: All right. We'll get you back on as things progress.

ROBERTSON: Thank you.

O'BRIEN: Maybe you can share a little more with us. Thank you, Nic Robertson, always having a pleasure having you drop by.

ROBERTSON: Thank you.

O'BRIEN: We appreciate it.

Well, it is bound to happen to you sooner or later, the old fender-bender. But this little crunch is costing some big bucks. Find out how your car fares. The latest crash tests.

CARLOS WATSON, CNN POLITICAL ANALYST: I'm Carlos Watson. It's make or break time for the Democrats. I'll show you some big surprises to watch out for as America prepares to vote on Super Tuesday.

(COMMERCIAL BREAK)

PHILLIPS: Liar or astute businesswoman? Jurors in the Martha Stewart trial could soon be weighing both choices.

Allan Chernoff live from New York where the jury is listening to closing arguments -- Allan.

ALLAN CHERNOFF, CNN FINANCIAL NEWS CORRESPONDENT: Kyra, for three hours this morning, assistant U.S. attorney Michael Schachter summarized the government's case against Martha Stewart and her co- defendant, stockbroker Peter Bacanovic. Mr. Schachter argued that both Stewart and Bacanovic told a series of lies to cover up the true reason that Martha Stewart sold ImClone stock back on December 27 of 2001. The reason that Stewart had given was simply that there was a $60 agreement, that she sold the stock because it fell under $60. Mr. Schachter argued that story was hatched, that there never was a $60 story.

The key evidence, he said, was testimony from Douglas Faneuil, the government's star witness. Faneuil, a former assistant to Peter Bacanovic, testified that he told Martha Stewart back on that day that Sam Waksal, then the head of ImClone Systems, was trying to dump his stock and Martha Stewart immediately sold her stock. Mr. Schachter summed up by saying if you believe Douglas Faneuil, this trial is over.

Kyra, this afternoon, in fact in about five minutes, the defense for Peter Bacanovic will begin its summation.

PHILLIPS: Allan Chernoff, live from New York, thank you.

(MARKET UPDATE)

(COMMERCIAL BREAK) O'BRIEN: Some breaking news coming to us from California. The California supreme court ruled today that a Roman Catholic charitable organization, Catholic Charities, must include birth control coverage in its health care plan for workers, even though, of course, the Catholic Charities with be morally opposed to the use of contraception.

It was a 6-1 ruling and it could reach beyond the 183 full-time employees of Catholic Charities. It affects workers at Catholic hospitals, catholic-backed institutions and the like all throughout the state of California. Perhaps yet another volley in the cultural wars we've seen unfolding these past couple of weeks -- Kyra.

PHILLIPS: With Jean-Bertrand Aristide gone, armed Haitian rebels have moved into the National Police Headquarters in Port-au-Prince. Meanwhile, U.S. Congresswoman Maxine Waters says she spoke with Aristide and he told her the U.S. forced him to leave. The White House denies it.

Investigators say they have made a profound breakthrough in the search for a missing Mississippi family. They say it involves the location of bodice. A police spokesperson says that charges will be brought against a family relative, Ernest Lee Hargon. And that will happen today.

Kobe Bryant's lawyers trying to convince a judge his accuser's sexual history is important to the upcoming rape trial. The woman is expected to testify tomorrow.

In an election year, anything can happen. The unexpected, the outrageous, the startling. And remember this?

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PHILLIPS: Yes, even the craziest of moments can happen. So let's consider some of the possibilities as we saddle up to Super Tuesday's Big Ten showdown. CNN political analyst Carlos Watson ponders what could be Super Tuesday's defining moments.

WATSON: We could have at least three crazy moments, Kyra. Why not?

PHILLIPS: All right, so crazy No. 1, Howard Dean.

WATSON: Howard Dean. Campaigned for almost two years, spent over $40 million. Was a front runner for a good six months. And in the end, he may finally win once he's gotten out of the race, or suspended his campaign, technically.

There is a small chance -- probably won't happen, but a crazy thing could happens tomorrow if he were to win the primary in Vermont and if they voted for him as a home state kind of candidacy. PHILLIPS: The favorite son syndrome.

WATSON: Favorite son syndrome. We've seen it a lot over the years, and it could happen in Vermont. There could be enough kind of regret and reminiscing where that could happen. That would be a crazy thing.

PHILLIPS: All right let's feel the crazy moment No. 2.

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PHILLIPS: We're talking John Edwards. How could this be a crazy moment?

WATSON: John Edwards walked into Super Tuesday saying there were three states he was focusing on, New York, Ohio and Georgia. Crazy thing that could happen is that he could not only win none of those three, but the one place he could win would be a place he hadn't even targeted, Minnesota.

PHILLIPS: Now that's crazy.

WATSON: Hey, they're nice people up in Minnesota. Maybe could happen.

PHILLIPS: I've lived there. I know.

All right let's start and feel crazy scenario No. 3.

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PHILLIPS: Al Sharpton. You never know. He could come in second in New York.

WATSON: The good reverend could come in second place in New York, his home state. You know, you got to tune in and see. There are about six congressional districts, Kyra, in New York City where he could do very well. And surprise of all surprises, he could come in second place. And that would be a little bit crazy. Who would expect it?

PHILLIPS: Have you noticed all his crazy comments are always what has everybody talking after these debates?

WATSON: He's got all the water cooler moments. He's clearly the funniest guy. Lot of people like the, it's not who you go to bed with, it's what job you get up in the morning. Other people have liked that one that you only need an endorsement of that you only need a co-signer if your credit is bad. He's had lots of good ones throughout the campaign.

PHILLIPS: All right, let's feel it, crazy moment No. 4.

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PHILLIPS: John Kerry. It could be crazy. Ten for ten?

WATSON: You know, you're going to hear from the Deaniancs that we ran this 898 times.

PHILLIPS: I'll get blasted for being biased. It always happens. You got to have fun with the sound. Come on. He's out of the race. It's OK.

WATSON: You only live once, you have a little bit of fun.

The crazy thing that could happen is that John Kerry could win all ten of ten. That would be huge. And we'd actually have to give him enormous credit. He arguably has already won 19 of 21 and if he now wins 10 of 10, who knows? It'd be a big deal. Could be over.

PHILLIPS: All right. Any crazy moments that have sort of hit you personally through all of this?

WATSON: There was a time when I was singing with a certain CNN on-air talent. I'd rather not get into that.

PHILLIPS: We'll save that crazy moment when you run for president. And I'll bring it back...

(CROSSTALK)

PHILLIPS: Carlos Watson, thank you.

WATSON: Good to see you.

PHILLIPS: And CNN's Super Tuesday coverage, of course, begins tomorrow evening, 7:00 Eastern, 4:00 Pacific time. You can be -- we'll be here, that's for sure, with live reports and interviews throughout the day. Hopefully you'll be with us also.

O'BRIEN: Spies among us. Next, the spooky software that may be lurking on your computer. And you don't even know it.

PHILLIPS: And all that glitters this year's Oscar gold. Meet the new lord of Hollywood.

(COMMERCIAL BREAK)

O'BRIEN: All right, I got this thing on my computer that's driving me nuts, Kyra.

PHILLIPS: It's not me hanging on your computer?

O'BRIEN: Well, you drive me nuts in other ways.

But get this. You know you set up a default home page. Right? And instead of staying on that, for reasons mysterious to me, I'll turn the computer back on, it will be on some stupid advertising generated search engine that I don't want. And it does it repeatedly, over and over again. The person who is going to solve my problem is right here.

PHILLIPS: Daniel Sieberg?

O'BRIEN: Daniel Sieberg!

PHILLIPS: We love him.

O'BRIEN: Uber geek!

DANIEL SIEBERG, CNN TECH CORRESPONDENT: Tech support guy.

O'BRIEN: Yes, yes.

PHILLIPS: How many times have we called on Daniel?

(CROSSTALK)

O'BRIEN: I've got my notes, my pen here, I'm ready to go.

SIEBERG: OK, here we go. And you may not realize it when you surf the Net, hidden programs can secretly piggyback on each keystroke and Web page you view, and transmit information about your computer habits to third parties. That's what's happening on Miles' computer, and he may not realize it.

So what is spyware, or adware, and how do you know if it's on your computer? Well, we have a demonstration set up here in the newsroom with a computer we're actually going to scan and try to find these hidden files.

Now we've got a program that's loaded on here called "Ad Aware." It is one of many programs that are available and we are going to tell you more about where to get them in a minute.

We're going to start this scan on this computer. You can see up here it's scanning all of the different objects on this computer. There are hundreds of files. And it's trying to figure out which ones might be spyware.

Now it's already found one, found two. So we'll let this go for a while and talk about some legislation that was introduced last week. This is a bipartisan bill that was introduced last week from Democratic Senators Ron Wyden and Barbara Boxer, and Republican Senator Conrad Burns.

The idea behind it is it's meant to give you more control over what goes on your computers. There are some points we can tell you about that are part of this legislation -- it still has to go to a committee so it's not official yet.

But basically its's looking for this information that collects this personal information, sends it to a third party, they might be marketers or advertisers trying to target information towards you. That can also cause pop-ups. And this is what adware is all about, it causes these ads to appear on your machine.

It can also turn your compute near a spam machine for someone else, very scary. It can also modify your settings. This is where Miles has to pay attention to change your home page so when you log on, you're stuck on somebody else's Web site. Very annoying.

Or it can redirect you to a fake Web site that looks like the real thing.

So the idea behind all of this legislation is meant to give you more control and to uninstall it which can be very difficult.

Now, in the meantime, what can you do for yourself? Use a program like Ad Aware. We finished up here. You can see 67 new objects just on this computer alone. It's found on this computer while it's been scanning here for a couple of minutes.

If we go to the next screen, you can see it's found all of these different files. Can you look at them and decide whether or not you want to delete them. You can even quarantine them as this program allows you to do. You can see here data miner, vulnerability, data miner, data miner, some of the names over here. Hunt Bar, Gator, all of these different programs that are on this computer and you weren't even aware that they were there.

Now there is another site you go to to find out where some of these programs, SpyChecker.com. On that Web site there are a number of different programs can you get like Ad Aware. Some are free, some have a trial version where you pay after a little while, some you have to pay for them.

But they all do essentially the same thing where you can scan your computer, Miles, and try to find these hidden files and get rid of them.

O'BRIEN: Tell me that Web site again. Where are we going to?

SIEBERG: SpyChecker.com.

(CROSSTALK)

O'BRIEN: Is that run by a company?

SIEBERG: Not that we know of. I think it's run by somebody who is really concerned about this whole idea. It connects to you all these different companies so it's not just the one.

O'BRIEN: So you don't have necessarily one piece of software that you would recommend? All of these are pretty equal? SIEBERG: All of them are pretty equal. They're all trying to do roughly the same thing. And then you can decide whether you want to remove the files or not. That's up to you.

O'BRIEN: One final question. Who is further beneath contempt, spammers or spywarers?

SIEBERG: Oh boy, that depends who ask. Everybody would say spam is probably the most annoying. But spyware, that's an invasion of privacy. Spam you can at least see and try to get hid of. Spyware is hidden. Maybe that's even a little more scary for some people.

O'BRIEN: We'll put them under the umbrella of scumware. Thank you very much. Daniel Sieberg. I'll fix it tonight.

PHILLIPS: I know you are. I'll get to you fix mine.

O'BRIEN: I'm all over it.

PHILLIPS: All right. Is filling up your gas tank draining your wallet? Believe me, you're not alone.

O'BRIEN: Do you drive a Nissan or an Acura? Find out how your car's bumper will fare and, thus, you, if you are ever in a crash.

PHILLIPS: And who ruled at the Oscars? From Sean Penn to this hottie that Miles is in love with, Charlize Theron. We've got your complete wrap up.

O'BRIEN: Could you believe how she was made up?

PHILLIPS: She wasn't made up. She's the real deal.

O'BRIEN: No, no, no. In the movie.

(COMMERCIAL BREAK)

PHILLIPS: An update now on Kobe Bryant. We'll go out to Eagle, Colorado. Our Gary Tuchman is standing by with an update -- Gary.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Kyra, if all goes as expected, Kobe Bryant will be taking the stand this afternoon in this pre-trial hearing. His accuser taking the stand tomorrow.

Right now we're on a lunch break. The Los Angeles Laker guard left about 15 minutes ago in a car for lunch. Court will resume about an hour from now.

The hearing this afternoon, with Kobe Bryant taking the stand, the hearing tomorrow with his accuser, will be closed to the news media. The judge made that ruling.

Bryant will take the stand to talk about a statement he made to police the day after the alleged rape. A statement that was secretly recorded by police officers. Bryant's attorneys are saying that statement should not be allowed in a trial because Bryant was not advised of his rights.

He thought he was not free to leave or perhaps arrested. Prosecutors say that police told him he was free to leave and he wasn't arrested. Therefore, the recording should be allowed. So Bryant will be talking about what he said and the circumstances when he talked to police officers.

As part of Bryant's attorneys' case, they called a Los Angeles police detective to the stand today, Troy Laster. Of course cameras are not allowed inside even when we're allowed inside, so we have sketches. Laster was a security guard with Kobe Bryant that night on June 30 at the lodge (UNINTELLIGIBLE).

Kobe Bryant's attorneys are trying to prove that Bryant thought he was not free to leave so they asked Laster, police are telling you and telling the court that Kobe Bryant was told that he was not under arrest, he was free to go. Did you ever hear that? And Laster testified, No, I did not hear that.

But then prosecutors got a chance to talk to Laster and they said, did you ever hear he was under arrest? He said no. They asked did Kobe Bryant ever ask for your help? Laster also said no.

So both sides are trying to prove their cases. The judge will ultimately will have to decide if this recorded statement will be allowed in the trial.

Tomorrow the accuser will take the stand. She's not here today. She'll talk about whether her sexual history should be discussed during this case. According to the defense, this woman had multiple acts of sex in the days before the Kobe Bryant incident. And at least one act of sex 15 hours after the incident.

The reason Kobe Bryant's attorneys say that is relevant is because this woman suffered injuries. They are saying she could have suffered the injuries from someone else. Prosecutors are saying this is totally irrelevant whatever sex acts she had with someone other than Kobe Bryant.

We do want to tell you it's still going painfully slow this case, that's why it's been eight months since this happened. And Kobe Bryant hasn't even officially entered a plea yet. One reason it's going slow, a discussion held in court, Kobe Bryant's attorneys don't want this woman referred to as a victim in this case. They want to use the words alleged victims. Nevertheless, prosecutors keep calling her a victim. Back to you, Kyra.

PHILLIPS: All right. Gary Tuchman, from Eagle, Colorado. Thank you -- Miles.

O'BRIEN: Hang on to your spare change. You'll need it at the gas station. Actually, you might need more than that. You need some folding money. Prices have gone up almost 7 cents in the past couple of weeks on average. Regular now sells for $1.72 a gallon. Our L.A. bureau chief paid $2.45 yesterday, $2.45 for one gallon. That's almost like buying some water. PHILLIPS: Maybe Pete should move here to Atlanta.

O'BRIEN: Maybe so. Where it's nice and cheap. A survey of states shows it's highest in California. San Diego specifically, where pump prices have soared to above 2 bucks and we just told you. In the Midwest, still under $1.50.

For those trying to save money at the pump, mid size cars are a good bet compared to the old SUV that I have. It needs to have a tanker following behind it. You can also bet you're spend a lot of money fix being the car if you drive into something.

PHILLIPS: A big Monte Carlo like my mom had in the '70s.

O'BRIEN: Oh, those were cars, those were cars.

(MARKET UPDATE)

PHILLIPS: It's a sure bet that Peter Jackson's fees will be going up.

O'BRIEN: Yes, he's the new lord of the Oscars. See who else took home movie gold.

It was a boring show. Don't you think?

PHILLIPS: Billy Crystal was hilarious.

O'BRIEN: No, he wasn't. He's been better. They were too scared about this whole Janet Jackson thing. Anyway, stay with us.

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O'BRIEN: If you went up against "The Lord of the Rings" at last night's Academy Awards, better luck next year. The third installment of Peter Jackson's epic adaptation of the Tolkien books pulled off a historic sweep, 11 nominations, 11 Oscars.

Other films have swept their nominations. Others have won 11. But the "Rings" did both. It's also the first fantasy film to win best picture.

The acting awards were up for grabs. Tim Robbins and Renee Zelweger grabbed one each for the supporting category. He for "Mystic River, she for "cold Mountain."

Leading actor Oscars, to no surprise, went to Charlize Theron -- there she is. Savor the moment -- OK -- for "Monster" where she looks nothing like this.

And then Sean Penn who normally skips award ceremonies, but he was there. Of course, that was for "Mystic River" although he did a great performance in "21 Grams," so maybe it was like kind of a two- for.

All right, back with more in a moment. (COMMERCIAL BREAK)

PHILLIPS: You're watching LIVE FROM... I'm Kyra Phillips.

O'BRIEN: And I'm Miles O'Brien. Here's what's making news this hour.

Claims and counterclaims about the departure of Haiti's president, now former. In a series of phone calls, Jean-Bertrand Aristide reportedly said he was forced to leave by the United States. Now White House officials call that nonsense. Aristide and his wife are now in the Central African Republic.

Standing by, Four Army National Guard Units are told they could be headed for Iraq. The units are from Idaho, Louisiana, New York and Tennessee. Their marching orders would come later this year or early next, depending on the security situation in Iraq.

Wrapping it up. Closing arguments under way in the trial of Martha Stewart. Prosecutors trying to convince jurors that she lied to federal investigators about her sale of ImClone stock and then conspired to cover it up. Jurors could get the case as early as Wednesday.

Lawyer No. 4. Robert Blake hires a veteran criminal attorney to clear him of murder charges. Gerald Schwartzbach says he's convinced the actor is innocent of killing his wife nearly three years ago, brushing aside Blake's history of problems with other lawyers.

Up first this hour, the crisis wanes, it would seem, but chaos reigns for the moment in Haiti. Rebels who claim the northern half of the country by force got a red carpet welcome today in Port-au-Prince, a capital newly vacated by Haiti's much reviled, now twice toppled president. The rebels' so-called victory caravan made pointed appearances at Port-au-Prince police stations, but not at all the presidential palace, where a small group of U.S. Marines took a symbolic stand there.

About 150 Marines in all landed yesterday, once the White House got word Jean-Bertrand Aristide had given in to diplomatic and paramilitary pressure and quit. Aristide turned up today in the Central African Republic, and the White House and Pentagon are flatly denying he was kidnapped by U.S. forces.

Aristide apparently has been on the phone today telling members of the Congressional Black Caucus, among others, he was put on a plane by the same military that restored him to power in 1994. Here's a bit of an interview I did in our first hour with California Congresswoman Maxine Waters.

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REP. MAXINE WATERS (D), CALIFORNIA: The president said that he had been forced to leave his home. That Mr. Moreno (ph), who is the D.C. airman, the chief of staff at the American Embassy in Port-au- Prince, had come to his home with other diplomats and Marines. And they had told him he had to go, and he had to go now. That if he did not go, he would be killed, and lots of other Haitians would be killed.

They said that Guy Philippe, the ex-military guy from FRAP, the old military machine under Cedras and the Duvaliers, were coming to Port-au-Prince, and they would be coming with American Marines. And a lot of people were going to be killed. And he's got to go now.

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PHILLIPS: Well, talk of any abduction or kidnap was shot down by Defense Secretary Donald Rumsfeld, in addition to Secretary of State Colin Powell. However, Donald Rumsfeld did talk about the estimated U.S. troop strength in Haiti that will peak at 1,500 to 2,000. And he said that will be a minority in the multinational U.N.-sanctioned peacekeeping force.

Here's CNN's senior Pentagon correspondent Jamie McIntyre with more -- Jamie.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Kara, the U.S. government absolutely denies that the departure of Aristide was anything other than voluntary. They say it may be true that when Aristide was on the plane that he didn't know where he was going. And that's because the original country he wanted to go to, South Africa, said it couldn't accept him. And the U.S. had to negotiate while the plane was in the air to find another location that would take him, eventually landing in the Central African Republic.

But again, Defense Secretary Rumsfeld and other government officials denying that the U.S. military who accompanied the ambassador were there for any other purpose than to provide security. The Pentagon said, however, this whole deal was worked out by the State Department, and it was left for Secretary of State Colin Powell to give the ultimate denial.

(BEGIN VIDEO CLIP)

COLIN POWELL, SECRETARY OF STATE: He was not kidnapped. We did not force him onto the airplane. He went onto the airplane willingly. And that's the truth. And it would have been better for members of Congress who have heard these stories to ask us about the stories before going public with them so that we don't make a difficult situation that much more difficult.

(END VIDEO CLIP)

MCINTYRE: Meanwhile, U.S. Marines continue to flow into Port-au- Prince, Haiti. Right now, we're told that there are several hundred on the ground, there should be 300 Marines in place by the end of today. The authorization from the Pentagon is for up to 2,000 Marines, but today Defense Secretary Rumsfeld indicated that the ultimate number of U.S. troops on the ground may be far smaller.

(BEGIN VIDEO CLIP) DONALD RUMSFELD, DEFENSE SECRETARY: My guess is that the -- when all of the other countries that have volunteered forces, plus the U.S. forces are there for this infer up period, relatively short period, that the numbers will probably be less than 5,000 total, with everybody. And ours will be down in a small fraction of that.

I don't know what the number will be. But for the sake of argument, say 1,500 or 2,000, or less. But time will tell. We'll have what's needed.

(END VIDEO CLIP)

MCINTYRE: A lot will depend on what the situation on the ground is. That is, how much security is needed.

One question the Pentagon is debating right now is to the extent they're going to allow U.S. troops to intervene on what is essentially Haitian-on-Haitian violence, if that breaks out, to stop looting, to keep the peace. The Pentagon hinted today that U.S. troops will have some authority to take action to quell the violence, but they also want to make sure that they don't get U.S. troops bogged down in too much policework. After all, Haiti is a country that has a lot of crime normally. So that's one of the things they're working out.

The U.S. also wants to minimize the number of troops that take part in this force, and minimize the time they're there, hoping that other countries will be able to do the heavy lifting fairly soon -- Kara.

PHILLIPS: Jamie McIntyre, live from the Pentagon. Thank you.

O'BRIEN: Let's take a look now at some of the other stories making news across America. A possible break in the search for a missing Mississippi family. Authorities say they have information that could lead them to the bodies of Michael Hargon and his wife and young son. The Hargons disappeared two weeks ago now. A family cousin is in custody.

Hope is fading. The Coast Guard scales down its search for 18 people missing in a tanker blast off the Virginia coast. The tanker, carrying millions of gallons of ethanol, exploded and sank Saturday night. Six were rescued. Three have been found dead.

On the stand, NBA star Kobe Bryant is expected to testify today as part of a two-day hearing in Colorado. Tomorrow, the woman he's accused of raping is to take the stand. It's the first time the two will meet face to face since their June encounter. Bryant says the two had consensual sex.

PHILLIPS: Jury selection is under way in another trial tied to the Oklahoma City bombing nearly nine years ago. And this one could mean the death penalty for co-conspirator Terry Nichols. Nichols is already serving a life sentence for his role in that bombing that killed 168 people.

CNN's Susan Candiotti has that story. (BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): Victims' families are divided over a second effort to get a death sentence for Terry Nichols in the Oklahoma City bombing. Roy Sells lost his wife Lee.

ROY SELLS, VICTIM'S HUSBAND: I think he deserves nothing less than the death penalty.

CANDIOTTI: Bud Welch lost his daughter Julie. He says another trial is an expensive waste of time.

BUD WELCH, VICTIM'S FATHER: You know, you go through all of these emotions. It's been nine years now. And it's just scraping the scabs off all over again.

CANDIOTTI: When Nichols and Timothy McVeigh were tried separately in federal court, McVeigh was sentenced to death. Nichols was convicted only of being part of the bomb plot, and got life in prison without parole.

Now the state is putting Nichols on trial on 161 murder counts that were not part of the federal indictment. A recent Oklahoma newspaper poll shows 70 percent opposed to this trial, estimated to cost at least $4 million.

UNIDENTIFIED FEMALE: It's a waste. It's a waste of money to try him again.

UNIDENTIFIED MALE: It's not going to bring anybody back, and it's not going to change anything.

CANDIOTTI: In a last-minute twist, the FBI has begun an investigation into whether its own agents failed to look hard enough into possible links between white supremacist bank robbers and McVeigh. One of the robbers is ready to testify for the defense that another gang member said they were involved with McVeigh.

And this intriguing note. When first arrested, Nichols said a few days before the bombing McVeigh told him, "Something big is going to happen." Nichols reply? "Are you going to rob a bank?"

(on camera): Following an early morning hearing, the judge denied a defense request to delay the trial because of that New FBI review. However, the judge issued a stern warning. If it turns out the FBI was withholding information that would have helped Nichols, the judge promised to throw out the state's case. The trial is expected to last at least six months.

Susan Candiotti, CNN, McAlester, Oklahoma.

(END VIDEOTAPE)

O'BRIEN: Well, Mel Gibson's faith in moviegoers paying off big. Setting a record. PHILLIPS: Plus, do-it-yourself baggage check-in. One major airline is thinking about it.

(COMMERCIAL BREAK)

PHILLIPS: Well, from the Martha Stewart trial, to those involving capital crimes, police interrogations are under fire. Juries seldom see the questioning that leads up to confessions or other incriminating statements. And CNN's Adaora Udoji explains what happens when juries don't hear the whole truth.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): Some who back new proposals for a law enforcement to record criminal interrogations say consider the case of Michael Crowe. In 1998, police believed the 14- year-old had stabbed his younger sister Stephanie to death.

DETECTIVE CLAYTON: I'm sure you know.

MICHAEL CROWE: Why? God. No. I don't know. I didn't do it. I'll swear to that.

UDOJI: It's not clear what evidence police had, but "Court TV" reports they were bluffing. After a controversial four-hour interrogation, Crowe confessed. He was charged, but later cleared, after DNA tests implicated someone else.

Criminal attorney Norman Reimer says it's a classic example of a growing problem, coerced confession. According to the New York County Lawyers Association, such confessions contribute to 25 percent of wrongful conviction. Now, the group backed by the American Bar Association proposes requiring police to record interrogations.

NORMAN REIMER, PRESIDENT-ELECT, NY COUNTY LAWYERS ASSOCIATION: So that the jury can see what led ultimately to whatever statements the accused makes, enables the system to better judge whether, in fact, these can be relied upon.

UDOJI: Queens County district attorney Richard Brown argues these cases are rare, saying the current system of checks and balances works.

RICHARD BROWN, DISTRICT ATTORNEY, QUEENS, NEW YORK: I handle about 60,000 arrest cases a year. If I were in a position where I had to go ahead and videotape every custodial arrest, I would be spending all of my time doing that. The cost would be prohibitive.

UDOJI: But it's a growing trend. Last year, Illinois became the third state after Alaska and Minnesota to require taping interrogations.

(on camera): Experts say the debate is just beginning, fueled in part by new and inexpensive technology. Technology that some argue will help separate the innocent from the guilty.

Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

(MARKET REPORT)

PHILLILPS: Speaking of high maintenance...

O'BRIEN: Britney Spears, say no more, right? Apparently she's in the zone, though, when it comes to business deals. That's in our "Entertainment Buzz" ahead.

PHILLIPS: Plus, bigger than "Lord of the Rings"? The results are on "The Passion's" box office opening weekend. We'll tell you about it.

(COMMERCIAL BREAK)

O'BRIEN: All right. A busy news day, but not too busy to do the "Mars Minute." Let's start the clock. They're going to keep me honest today.

First of all, pictures of Opportunity's landing pad. Look at that rust-colored surface of Mars. Pretty cool, huh, Kyra? That's what it was sitting on top of. It rolled off that way, and then came around this way.

OK. Let's move on, because we've got to move quickly.

This is a close-up of some of the outcropping that Opportunity has been investigating. They call this El Capitan. It looks very much like it was shaped by water. Lots of reasons for that. We're going to tell you more about this today and tomorrow.

We'll take a look at the science device. This has the they call the RAT, the rock abrasion tool, which scrapes away the surface of the rock so that they can go through there with a spectrometer and determine what minerals are in those rocks.

Take a look as it moves down on the rock. And, as a matter of fact, look back there. That's one of the old RAT circles there that was used for a previous test.

And moving along here, look at this close-up shot. These are some interesting little things they call the blueberries and blueberry muffins, and stuff like that. The question is, were those shaped by water or by volcanic activity? There's a lot of consensus it could, in fact, be water.

But let's just leave it at that. We'll just say that the humidity is rising on Mars.

PHILLIPS: Love you, got to go.

O'BRIEN: Got to go. That wasn't so bad, was it?

PHILLIPS: I'm waiting for the next sound. (BEGIN VIDEO CLIP)

STEVEN SPIELBERG, DIRECTOR: Clean sweep, "The Lord of the Rings: The Return of the King."

(END VIDEO CLIP)

PHILLIPS: I was just trying to move things along. The Oscars top our entertainment headlines this Monday. "Lord of the Rings" finale, "Return of the Kings" won all 11 awards for which it was nominated.

The night's other big winners include Sean Penn for best actor in "Mystic River"; Charlize Theron, for best actress in the movie "Monster."

Now, a film not even in the running for this year's Oscars was the weekend's big winner. "The Passion of the Christ," it was number one with moviegoers, taking in more than $76 million. That movie has grossed more than $117 million since it opened Wednesday. The second best tally ever for a midweek release.

And MTV gets in the zone with Britney Spears, Miles' favorite musician. The Music Video Channel is sponsoring Spears' global tour for her CD, "In the Zone." It's the first ever sponsorship for MTV. Britney Spears' tour kicks off tomorrow in San Diego.

O'BRIEN: Al right. New York City may end up being the next battleground in the same-sex marriage controversy. The city council speaker is calling on Mayor Bloomberg to begin issuing marriage licenses to gay and lesbian couples. As history shows, this isn't the first time the institution of marriage has been a hot-button issue.

CNN's Bruce Morton looks back.

(BEGIN VIDEOTAPE)

BRUCE MORTON, CNN NATIONAL CORRESPONDENT (voice-over): One thing about marriage, it keeps changing. Go back far enough in this country and the wife was more or less a husband's property. If she married a foreigner, she lost her citizenship. A man didn't.

Women couldn't vote until the suffrage amendment passed in 1920. And critics worried marriage would be in trouble if women won that right.

Laws in some states banned interracial marriages, banned birth control. That's gone now. Married people decide those kinds of things on their own.

The number of people who live together without being married is going up, especially in Europe. "Newsweek" quotes a woman at the London School of Economics as saying that half of the 25 to 34-year- olds in Europe are cohabiting. And a number of European countries have partnership laws which cover them.

The Netherlands legalized same-sex marriage in 2001. Belgium in 2002, ahead of Canada.

Here, economics has changed marriage. Educated women used to be at risk of becoming old maids. Now they're the likeliest to marry. And it's low-income women who are least likely, which is hard on them because, of course, they're the ones who most need support.

Where is it all headed? Some critics think same-sex marriages will strengthen it. If they love each other, why not? One scholar wonders about contracts, not marriages, but arrangements to support each other between, say, an aunt and a niece, two sisters, two friends, and so on.

President Bush and Vice President Cheney, who four years ago thought regulating marriage should be left to the states, now favor a constitutional amendment, saying it can only be between a man and a woman. But if marriage has become a contract, and many think it has, then civil contracts may serve gay couples just as well.

For others, of course, it's a religious ceremony. Roman Catholics aren't truly married unless they're married by a priest, for instance. And surely the federal government won't try to regulate that or amend the Constitution to say what are and are not grounds for divorce.

Amending the Constitution is, as the men who wrote it intended, time consuming and difficult. Two-thirds majorities in the House and Senate, approval by three-fourths of the states. The president probably met his recommendation simply as an election year gesture to the party's right wing.

(on camera): The actual process could take years, which is probably good. We could all, during that time, take a deep breath, try to figure out where this remarkable institution called marriage is going, and whether we really want to change the Constitution in an effort to control it.

I'm Bruce Morton.

(END VIDEOTAPE)

PHILLIPS: That wraps up this edition of LIVE FROM.

O'BRIEN: Thanks for being with us. We appreciate you joining us.

CNN's "INSIDE POLITICS WITH JUDY WOODRUFF" is up next.

(COMMERCIAL BREAK)

PHILLIPS: I'm Kyra Phillips at the CNN Center in Atlanta. "INSIDE POLITICS" up next, but first the top stories this hour.

Feuding kidnapping claims in Haiti. The White House says U.S. forces did not abduct Haitian President Jean-Bertrand Aristide and force him to flee. Meantime, 200 more U.S. Marines are heading to Haiti today, as rebels converge on the Haitian capital. Investigators renew their search for a Mississippi family after making a "profound breakthrough" in their disappearance. The Hargons and their young son haven't been seen since Valentine's Day. A cousin is expected to be charged in the case, who police say was involved in an inheritance dispute.

Kobe Bryant in court today in Eagle, Colorado. His lawyers are asking the judge to allow information about his accuser's sexual past as evidence in his assault trial. The 19-year-old woman is scheduled to take the stand tomorrow for the first time in that case.

Prosecutors say Martha Stewart knew she was going to lie to investigators and "thought she would probably never get caught." Closing arguments began this morning in Stewart's obstruction of justice trial. Today's arguments are focusing on her stockbroker, Peter Bacanovic. The case is expected to go to the jury on Wednesday.

Now, JUDY WOODRUFF'S INSIDE POLITICS.

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Development in Missing Family Case; Kobe Bryant Accuser in Court Today; U.N. Works to Stabilize Haiti; Closing Arguments Given in Martha Stewart Case>