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Oklahoma City Observes 9th Anniversary of Bombing; SUVs Trump Sedans in Side Collisions; Should Parts of Patriot Act be Renewed?

Aired April 19, 2004 - 13:32   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.


KYRA PHILLIPS, CNN ANCHOR: And this just in to CNN. We're being told a Palestinian rocket exploded in a Jewish settlement. Rescue workers and settlers reporting this, saying that three Israelis -- at least three Israelis slightly wounded in this attack. The rocket hit a home in the settlement, which is just the northwest corner of the Gaza Strip. Earlier today an Israeli was seriously wounded in another rocket attack. Once again, a rocket hitting an Israeli settlement, three people reported wounded right now. We're following the story for you -- Miles.
MILES O'BRIEN, CNN ANCHOR: Survivors of the Oklahoma City bombing gathered today to remember a grim anniversary: 168 were killed in the blast nine years ago now. Today 168 seconds of silence was observed. And the children of those who died gathered to read aloud the names of the victims.

As Oklahoma City remembers the tragedy, prosecutors advance their case against Terry Nichols. He has been convicted in the bombing deaths of eight people. Nichols now faces charges for the rest as CNN's Susan Candiotti tells us from McAlester, Oklahoma.

Hello, Susan.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hello, Miles.

At this hour some victims' relatives who could not be in Oklahoma City for that memorial are, instead, here in McAlester, about 130 miles to the south. They are attending a private service at a church near the courthouse where it is week five in the state trial against Terry Nichols, the bombing co-conspirator for whom the state is seeking the death penalty. Among the spectators, a woman whose niece was killed in the blast nine years ago this morning.

(BEGIN VIDEOTAPE)

DARLENE WELCH, VICTIM'S AUNT: I am there for Ashley.

CANDIOTTI (voice-over): Ashley Eckles would be 13 years old now if she had not been killed in Oklahoma City bombing.

WELCH: She would be planning going to dances and wearing makeup and worrying about what to do with her hair and worrying about boys and all the things that a regular teenager would do.

CANDIOTTI: Darlene Welch is Ashley's aunt. She has been in court every day for Terry Nichols' state murder trial. WELCH: What we are seeking is justice.

CANDIOTTI: Each week, Welch leaves her spacious home outside Oklahoma City to live in an RV where the trial is taking place in McAlester, 130 miles away.

WELCH: It's like a little house, I have a refrigerator and stove and all my clothes are there. And my dog and cat go with me, my snuggle-buddies, in the evening

CANDIOTTI: Five weeks into the case, Welch suggests the evidence found in Nichols' home alone is damning, including a receipt for two tons of fertilizer and plastic barrels said to be similar to those used to build the bomb.

WELCH: He bought the fertilizer, he got the barrels, he did it.

CANDIOTTI: Court was scheduled to resume today at 9:00 a.m., almost nine years to the minute when a bomb brought down the Oklahoma City federal building, killing Ashley and 167 other victims.

WELCH: I imagine that I will probably just drop my head and pray and ask God to provide justice for us.

(END VIDEOTAPE)

CANDIOTTI: A key witness whose testimony might begin by the end of today or more likely tomorrow is Michael Fortier, he's an old Army buddy of Timothy McVeigh and Terry Nichols who was also aware of the bomb plot. He is currently serving a 12-year sentence and, Miles, he is in the Witness Protection Program. Back to you.

O'BRIEN: CNN's Susan Candiotti, thanks -- Kyra.

PHILLIPS: A man described as one of the worst sexual predators on the West Coast has been captured in Oregon. Edward Stokes had been serving a life sentence in California, but was released just two weeks ago.

Our Miguel Marquez has the story.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): Serial child molester and self-described monster, Edward Harvey Stokes, is behind bars, arrested in Gresham, Oregon, a suburb of Portland, after a tip came in from a woman who had seen news reports about Stokes.

GRANT MCCORMICK, GRESHAM POLICE: He admitted who he was and he was taken into custody without incident.

MARQUEZ: Investigators searched a used ambulance Stokes had parked in a lot south of Portland in a white Ryder van that Stokes rented last week.

MCCORMICK: There is a mattress in the back of the van. We don't know what that is being used for. But that will be processed.

MARQUEZ: Stokes was let out of prison on April 7 in Orange County, California, after a sentence for sexual battery of a teenager was overturned. Stokes' accuser in the case, a 16-year-old boy, killed himself shortly before trial and a California appellate court ruled that Stokes had been denied his constitutional right to confront and cross-examine his accuser.

While serving an earlier sentence for child molestation in Colorado, Stokes wrote to a prison therapist that he had 212 victims. After being let out of prison in California, Stokes applied for a driver's license in Washington State and investigators say he gave a false address. Two warrants were issued for his arrest.

(on camera): A spokesman from Multnomah County Jail says Stokes is being held on a no-bail warrant. His arraignment could come as early as Monday morning.

Miguel Marquez, CNN, Los Angeles.

(END VIDEOTAPE)

PHILLIPS: Well, still to come in this hour of LIVE FROM..., not even the strongest dummies can stand up to this accident. Cars come out on the losing end in a new type of crash test.

And more bounce in your workout can help you fight the bulge, we'll explain.

But first, renewing the Patriot Act, is it a weapon in the war on terror or is it a threat to civil liberties? That debate when we return.

(COMMERCIAL BREAK)

O'BRIEN: Well, are you looking to put more bounce in your workout without jarring your joints? You might be interested in Urban Rebounding. Our medical correspondent Holly Firfer reports on the spring it could put in your step.

(BEGIN VIDEOTAPE)

HOLLY FIRFER, CNN MEDICAL CORRESPONDENT (voice-over): Return to the carefree days of childhood, at least for a short while, with a spirit-riveting Urban Rebounding workout. Just what is Urban Rebounding? In a word, fun. At this Atlanta Crunch (ph) Fitness, participants bounce, burn and build their way through a heart-pumping, high energy cardio session on what resembles a mini trampoline. Created by J.B. Berns, urban rebounding incorporates martial arts moves and core abdominal postures all in a surprising low-impact calorie blasting workout.

J.B. BERNS, CREATOR, URBAN REBOUNDING: We did a study comparing treadmill jogging to the Urban Rebounding work-out, and what we found through New Mexico University's study is that it was equal as far as burning calories, but the Urban Rebounding workout was less jarring to the joints and you were testing balance and coordination.

FIRFER: Urban Rebounding will firm the legs, thighs, abs and hips, increase your agility, improve your balance, strengthen your muscles and bones. As with other aerobic activities, be sure to warm up before getting started and take time to cool down and stretch after your rebounding workout.

Holly Firfer, CNN, Atlanta.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

PHILLIPS: Stumping for the Patriot Act, is it a crucial weapon in the war on terror or an infringement on Americans' rights? President Bush, heading to Pennsylvania today, pushing for the renewal of key provisions of the law, which are set to expire at the end of the year. Opponents say the Patriot Act goes too far. Here to debate the issue, Pam Bethel, she's a criminal defense attorney in Washington, and Barbara Comstock, former chief spokeswoman for the Justice Department.

Ladies, good to see both of you.

(CROSSTALK)

PHILLIPS: Well, Barbara, let's start with you. In light of the 9/11 Commission, witnessing the breakdown of communication among intelligence agencies, is it the Patriot Act the answer to bridging this intel gap?

BARBARA COMSTOCK, FMR. CHIEF SPOKESWOMAN, JUSTICE DEPT.: Well, clearly the testimony to date, both in the 9/11 Commission and in the joint inquiry that Congress did previously, as well as a lot of analysts looking at this, have said that prior to 9/11 you had this wall that existed where intelligence sources, people at the CIA, couldn't talk to people at the FBI; and then even within the FBI, people working on intelligence cases versus people working on criminal cases couldn't talk to each other.

So often you had information about the same individual and people weren't able to sit down and put it all together and figure out how to best tackle them. So the Patriot Act, which you just showed the president signing, and I would note that Senator Pat Leahy was there snapping pictures behind him, and one of the most liberal members of the Senate who voted for it and worked on it, as did Senator John Kerry, is overwhelmingly supported both by the American people, which is why it's a smart political thing for the president to talk about, but, most importantly, it's smart, right thing to do for people who are fighting terrorism on the ground. They're now able to use the same tools that they've used for years fighting drugs -- the drug war, and fighting mobsters, now we can use those tools to fight terrorism.

PHILLIPS: Well, you talk about the tools. I mean, definitely, according to the Patriot Act organizations are given greater power. Just a couple of things we pulled out. The sneak and peek, it expands federal access to secret search warrants. The FBI can get court orders without probable cause. FBI has greater power to demand records from businesses and libraries. Pam, is this greater power fair and is it...

PAM BETHEL, CRIMINAL DEFENSE ATTORNEY: Oh no, it's not.

PHILLIPS: Tell me why not.

BETHEL: It's clearly not. And Barbara just made the case why. The wall was there for a purpose. When I was in the Justice Department, yes, it was a hindrance in some of our criminal prosecutions, but it was not insurmountable. Look, what's fair and what's done in the intelligence community in dealing with terrorism is fine, but it is not at all rooted in our fundamental principles of our constitutional rights.

I mean, there is a reason why there must be significant probable cause for the execution of a search warrant. What you do in the outside world and fighting terrorism should not be brought home and used against ordinary Americans. I mean, there are provisions of the act that are in a direct conflict with our well understood, well- accepted principles of personal freedom and personal protection.

Look, this is a democracy, and in a democracy, we are never going to be able to either close our borders or engage in the kind of conduct that makes us totally terrorism-free.

PHILLIPS: Well, Pam, do you -- Pam...

BETHEL: But that's the beauty of it, because we are a democracy.

PHILLIPS: ... do you have faith in intel operators that, hey, look, folks may say this endangers democracy, but you know how terrorists are and they slip under the radar and can work so quickly. We saw that happen with 9/11. If they know they've got something and they want to go after that individual and they feel pretty confident about it, don't you feel think they should be able to have that opportunity to act quickly?

BETHEL: Well, they can act quickly, but totally turning the Bill of Rights on its head does not advance the cause. And what it does, it turns us into the people that we're trying to show how to become a democracy. How can we absolutely carry our case to Iraq or any place else, saying this is the way to do it, people need individual freedom and protection, when, in fact, we are in a march along a trail that terribly circumvents and subscribes (sic) what we as Americans have long enjoyed.

PHILLIPS: OK, Barbara, you're shaking your head. Barbara, I want you to respond, but let me just bring this up quickly. Back in February this question was asked in a CNN Gallup poll about allowing federal agents to secretly search homes without informing the owner, 71 percent of Americans disapproved. So how do you go forward with this and convince the public that the Patriot Act is effective? COMSTOCK: Well, actually, since the '70s we've been able -- what it is, it's called a "delayed notification search," and you have to go to a court and you have to get a search warrant. Unless you have a search warrant, you cannot go in. And in cases where they might destroy evidence or were trying to get a hold of terrorists so that they don't know we're trying to track them down, we have delayed notification. But it's always under court supervisions.

And we have had that for drug dealers and for mobsters for years. All this does is allow it to now be used in terrorism cases. And I should point out the various examples that you cited and that Pam cited are not how the bill -- how the Patriot Act operates at all, because why 98 senators supported it because it has not been successfully challenged at all in courts for almost three years now. It is entirely constitutional and that's because we're taking the same tools that we've used for decades in fighting the drug war and mobsters and other crimes and using it now against terrorists.

The real problem was that we had lesser standards before in going after terrorists. And as Senator Biden, a Democrat, said, that's absurd that we could go after Tony Soprano but couldn't go after Osama bin Laden with the same tools. And that is all that is has changed in the Patriot Act.

And I think that same poll that you cited, I know it was a CNN poll, some time last year, pointed out that 70 to 80 percent of Americans support the Patriot Act even with all of the misinformation out there. When you go through the individual aspects of it, something like delayed notification, do you want us to wait and not inform Mohammed Atta we're looking at his computer so that we can track down the other 18 hijackers or would you like us first to let Mohammed Atta and his lawyer know so then he can advance his terrorist activities.

PHILLIPS: Pam...

COMSTOCK: That's why you have delayed notification.

PHILLIPS: We have got to wrap it, 20 seconds or less, we've got to go.

BETHEL: The bottom line is that answers and support for those kinds of -- provisions of the Patriot Act depend on how you ask the question. If you ask it -- when you say, bin Laden, the answer is, of course, we want them not to be notified. But if it's, Joey and Susie Snow that you don't know whether or not they're bin Laden until you get there, then the answer among Americans is clearly and resoundingly no, that we believe in the Bill of Rights, that it's fundamental to our democracy and we don't want any intrusion into those rights.

PHILLIPS: Pam Bethel, Barbara Comstock, the Patriot Act is what we're talking about, debating. We'll dip in when the president starts talking about it today.

Ladies, thanks so much.

BETHEL: Thank you.

COMSTOCK: Thank you.

O'BRIEN: Well, what happens when you cross an SUV with a mid- size sedan? You don't have to be a dummy to figure this one out -- Kathleen.

KATHLEEN KOCH, CNN CORRESPONDENT: Well, it may seem like a no- brainer, SUV wins, car loses. But there is a way to survive such severe crashes. I'm Kathleen Koch in Ruckersville, Virginia. We'll have more on LIVE FROM... after the break.

(COMMERCIAL BREAK)

O'BRIEN: Well, when an SUV broadsides a mid-size sedan, the results can be deadly. The insurance industry has just finished studying such crashes. And Kathleen Koch has details for us from Ruckersville, Virginia.

Hello, Kathleen.

KOCH: Miles, this is the new barrier used in these tests to slam into 13 mid-size cars at just 31 miles per hour. But what makes the damage so devastating and potentially deadly is the height of the barrier.

(BEGIN VIDEOTAPE)

KOCH (voice-over): It's the same result in test after test, dummys' heads dealt lethal blows. The first time the Insurance Institute for Highway Safety has crashed a barrier the size and shape of an SUV or light truck into a car.

ADRIAN LUND, INSURANCE INSTITUTE FOR HIGHWAY SAFETY: What consumers are afraid of is true, most of the vehicles do poorly in this kind of test, 10 of the 13 vehicles we tested did not do well.

KOCH: Failing grades to ten mid-size vehicles. Only two of those tested, the Toyota Camry and Honda Accord, got good ratings. The Chevrolet Malibu was rated acceptable. The key for all three, a strong vehicle compartment and a side airbag upgrade, especially airbags that protect the head. But that's no guarantee. One failing vehicle, the Saturn L , had a side airbag, but it was too short.

LUND: If it had been deeper and covered more of the window, then the head would have stayed in contact with it.

KOCH: Nearly 10,000 people die every year in side crashes every year, 60 percent from of head injuries. The side impact airbags are standard equipment in only one quarter of cars. And the federal government has never tested cars using an SUV-size barrier. Its barrier hits below the window. It now plans to propose tougher testing standards next month.

JEFFREY RUNGE, ADMINISTRATOR, NATIONAL HIGHWAY TRAFFIC SAFETY ADMIN.: We've declared an emergency to upgrade this side impact standard to protect people in vehicles when they're struck in the side.

(END VIDEOTAPE)

KOCH: Automakers, for their part, say it's not fair to judge a car based on just one test. And they point out that all of these vehicles do pass the federal government side impact crash test. But the automakers have said that by 2007 they will put these head protection side airbags in half of new vehicles. By 2010, they promise they will be in the entire new vehicle fleet -- Miles.

O'BRIEN: Kathleen, aside from the obvious advice to drive defensively and carefully, I mean, what's a person to do, make sure you go out and buy an SUV so you're at the right level?

KOCH: Well, Miles, again, if you're going to drive a mid-size or a small vehicle, they really do advise to try to have a vehicle that does have these side airbags and especially have the head protection. Now you can't retrofit vehicles, but again, 25 percent of them out there do have them in standard. It is an upgrade that can vary in price, you know, from $295 up to $3000 to get them in there. But they say it improves your chances of survival 45 percent.

O'BRIEN: CNN's Kathleen Koch in Virginia. Thank you very much -- Kyra.

PHILLIPS: All right. As we head to the next hour of CNN's LIVE FROM..., we're going to check the numbers on Wall Street real quickly. Dow is down 30 points.

Also straight ahead, you want to know the secret of living past the age of 100? Well, guess what, you may have to push back your retirement years. Coming up in the second hour of LIVE FROM..., a 104-year-old professor gives us a lesson in living.

(COMMERCIAL BREAK)

O'BRIEN: Let's go to the White House right now, the Oval Office, some tape being fed right now -- or is this live? This is a tape, just happened a few moments ago, the announcement by the president, Ambassador John Negroponte will become ambassador to Iraq. Let's listen.

(BUSH LIVE EVENT)

O'BRIEN: All right. That's it. As you know, John Negroponte, 64 years old, was at the -- it was very instrumental winning unanimous approval of the Security Council resolution demanding Saddam Hussein would comply with U.N. mandates, that when he was the U.N. ambassador.

And now we're going to go to -- let's go to CNN's Dana Bash. She's at the White House with more on this and other things.

Hello, Dana.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Hi, Miles. And as you mentioned, what we just saw was the nomination by the president, or at least announcing that he is going to nominate John Negroponte, who is currently, as you mentioned, the U.S. ambassador to the United Nations. He will be nominated as the first U.S. ambassador to Iraq.

Now that would take place after June 30. That is still the date that the United States says that they will turn over sovereignty to the Iraqi people. And essentially what will happen is that Paul Bremer, who is currently the coalition administrator, would leave and then the United States would need an ambassador. And he, Negroponte, is the president's pick.

Now, as you mentioned, he is somebody who has been instrumental at the U.N., and members of the administration are hoping that members of Congress will see his involvement at the U.N. and perhaps hope that his confirmation process through the Senate might go more smoothly because he is certainly somebody who might be more committed to the United Nations.

But that confirmation process will likely be an opportunity, at least for Democrats, to highlight the fact that they are not pleased with the president's Iraq policy. And we still have to mention that this comes on a day where the president fielded a call from Spain's new prime minister, a very short call, to discuss the fact that Spain is in fact pulling about 1300 of its troops out of Iraq.

And the White House says that the president did his express his regret and dismay with that decision. But they understand that this is something that the new prime minister pledged to do during the campaign. But this is just -- gives you one more example of the fact that the administration is trying to hold a coalition together at a time when they call it very, very critical between now and June 30 when they turn over sovereignty, they hope so, back to the Iraqi people -- Miles.

O'BRIEN: Dana, the president has the Patriot Act on his mind again today. What's that all about?

BASH: Well, the president is heading to Hershey, Pennsylvania very shortly. He is going there, as you mentioned, to talk about the Patriot Act. This, of course, is the law that was signed by the president after September 11 to give law enforcement -- federal law enforcement agencies more ability to go after terrorists and more ability to interact with the Central Intelligence Agency.

This certainly was brought up a number of times in the past week as the 9/11 Commission has been talking about how 9/11 perhaps could have been prevented, how they could have prevented -- how they could have connected the dots, if you will.

The administration has made clear that they needed that kind of a law in order to connect the dots. So the president is going to go and talk about the fact that he doesn't want this to expire.

But it is important to note that none of the provisions in this law are set to expire until the end of 2005. So you ask, why is he talking about it now? Well, if you talk to the president's political aides, they say that this is something that they can certainly hit John Kerry on because he voted for the Patriot Act, now he's saying he's against it. It's also some of the Democrats have really been hitting on the campaign trail because they say that this is very intrusive to civil liberties. So the president is getting out early and making a big push on the Patriot Act to extend provisions that don't expire until the end of 2005 -- Miles.

O'BRIEN: CNN's Dana Bash at the White House. Thank you very much. Stay with us later this hour for the president and the Patriot Act speech in Hershey, Pennsylvania. As we just told you, it is supposed to begin at 2:55 Eastern time. The way this White House runs, it probably will. CNN will bring it to you live as it happens.

KYRA PHILLIPS, CNN ANCHOR: Well, when and how did President Bush make the decision to go to war in Iraq? Those questions are the focus of a soon to be released book by Bob Woodward. It's a behind-the- scenes look at the run-up to the war.

CNN's Elaine Quijano turns the pages.

(BEGIN VIDEOTAPE)

ELAINE QUIJANO, CNN CORRESPONDENT (voice-over): Less than three months after the September 11 attacks, President Bush told Defense Secretary Donald Rumsfeld to start drawing up plans for war in Iraq, according to Bob Woodward's new book "Plan of Attack."

In it Woodward asserts that long before the Bush administration's diplomatic efforts publicly ended, the president's tentative war plans had already privately begun. Woodward says after that meeting with Rumsfeld, the defense secretary gave General Tommy Franks the go ahead for war preps.

BOB WOODWARD, AUTHOR, "PLAN OF ATTACK": And so he starts building runways and pipelines and doing all of the preparations in Kuwait specifically to make war possible.

QUIJANO: Where did the money come from? According to Woodward, $700 million came from funds Congress had appropriated for the war in Afghanistan, a move Woodward says happened without Congress knowing.

But administration officials defend that action.

CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: The secretary of defense, I am quite certain, would propose to the president things that he believes are inside his purview to do with the allocation that he gets from Congress.

QUIJANO: The book also describes the CIA briefing in December 2002 to President Bush on Iraq's weapons of mass destruction capability, one of the main reasons for going to war.

Woodward says the meeting left President Bush skeptical.

WOODWARD: The president kind of, as he's inclined to do, says, nice try, but that isn't going to sell Joe Public. That isn't going to convince Joe Public. QUIJANO: Woodward says Tenet replied...

WOODWARD: Don't worry, it's a slam dunk case.

QUIJANO: A U.S. official tells CNN Tenet believed what he was saying based on intelligence then. Just a few weeks after that, Woodward said Vice President Dick Cheney invited the Saudi ambassador, Prince Bandar, to his West Wing office and allowed him to see a secret war plan map that was supposed to be off limits to foreigners. Those who were there confirm Woodward's account.

GEN. RICHARD MYERS, CHMN., JOINT CHIEFS OF STAFF: It sounds basically correct. And at that time we were looking for support of our allies and partners in the region.

QUIJANO (on camera): Sunday, National Security Adviser Condoleezza Rice appeared to deny another issue raised in the book, that Saudi ambassador Prince Bandar knew of the Iraq war plan even before Secretary of State Colin Powell. Rice said that Powell was privy to all of this and knew what the war plan was.

Elaine Quijano, CNN, Washington.

(END VIDEOTAPE)

O'BRIEN: Another tidbit out of Bob Woodward's book has stirred up a tempest in the Kerry camp. The Democratic nominee to be John Kerry said he's outraged at Woodward's claim that Saudi Prince Bandar promised President Bush to pump up oil production, thereby lower U.S. gas prices, just in time for the November election.

Here is John Kerry today in Florida.

(BEGIN VIDEO CLIP)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL NOMINEE: Here's the catch. The American people would have to wait until the election, until November of 2004, the presidential election, until the Saudis lower those prices. Now if this sounds wrong to you, that's because it is fundamentally wrong.

And if, as Bob Woodward reports, it is true that gas supplies and prices in America are tied to the American election, then tied to a secret White House deal, that is outrageous and unacceptable to the American people.

(END VIDEO CLIP)

O'BRIEN: The White House and Saudi Arabia says Woodward got it all wrong, and that the Saudis pledged not to allow shortages that might dampen the world economy. If you'd like to know more, Bob Woodward will take your phone calls tonight right here on CNN. He is Larry King's guest. 9:00 Eastern, 6:00 Pacific.

PHILLIPS: In Iraq, still a standoff, but encouraging signs from Fallujah. Its civic leaders are joining in a call for insurgents battling U.S. Marines to lay down their weapons. They're said to have a lot of influence with the Sunni fighters. U.S. military warn they won't wait forever, though, that the Marines are prepared to launch a final assault.

(BEGIN VIDEO CLIP)

BRIG. GEN. MARK KIMMITT, U.S. ARMY: What they want more than anything else is your fear. What they want is for you to capitulate. What they want is for you to negotiate. And will the coalition remain here and remain resolved? Absolutely. Are we looking at pulling out? Absolutely not. Do we fear the terrorists? Hell no.

(END VIDEO CLIP)

PHILLIPS: No further word on the whereabouts of Matt Maupin. He's a 20-year-old Army Reservist being held hostage by a group of insurgents. They released this video of him on Friday. Today the Army officially listed Maupin as captured 10 days after his convoy was attacked outside Baghdad.

Spanish troops, meanwhile, calling it quits. They've been ordered by Spain's new prime minister to pack up and head for home as soon as possible. Coalition leaders say Spain's withdrawal will not create a security vacuum in southern Iraq.

And there's word on Iraqi TV, reporter and a driver were killed by coalition troops. The victims' colleague say a cameraman was also injured in the attack about 60 miles north of Baghdad. No confirmation from the military just yet.

O'BRIEN: Here at home, preventing another terrorist strike. Homeland Security Secretary Tom Ridge announcing today he's forming a special government task force that will include members of his department and non-cabinet level agencies. Ridge says that a number of upcoming events could be targets of opportunity, among them the dedication of the new World War II Memorial in Washington. The task force is designed to improve readiness and better coordinate security efforts.

PHILLIPS: Other news across America now, nine years ago today, Americans witnessed what was then the worst terror attack on U.S. soil. Memorials are being held across the nation today for the Oklahoma City bombing anniversary. In the city itself, 116 seconds of silence was observed for each person who died.

A dangerous morning rush hour for commuters at Penn Station in New York, 130 people were hurt when an Amtrak work train slammed into a parked commuter train. Most of those injuries were minor. There's no word of the cause of the accident.

And in North Dakota, a tragic ending to the search for a missing college student. The body of Dru Sjodin was found Saturday in Minnesota, five months after her disappearance. A candlelight vigil was held in Grand Forks last night. A banner reads at the University of North Dakota reads, "Dru, in angel's arms you stay." There's a new head cook in the kitchen at McDonald's. The world's largest fast food chain named a new CEO today after the sudden death of its chief executive.

CNN's Lisa Leiter joins us now from Rosemont, Illinois, with the reaction.

Hi, Kyra.

LISA LEITER, CNN FINANCIAL NEWS CORRESPONDENT: Hi, Kyra. Well, Jim Cantalupo's sudden death was a sudden shock to the company and to investors. McDonald's 60-year-old chairman and executive died while attending a franchisee convention in Orlando, Florida.

McDonald's, which is based not far from here in Oak Brook, Illinois, did announce a successor to Mr. Cantalupo this morning, naming Charlie Bell, the company's president and chief operating officer, as the new president and chief executive officer effective immediately.

However, the company is splitting the chairman and chief executive roles that Jim Cantalupo held. The chairmanship will be held by Andrew McKenna, the board's current presiding director.

Now the loss of a leader, of course, devastating to any company. But for McDonald's it comes at a critical time. Jim Cantalupo, as you may know, left retirement early last year to take over the company, after former CEO Jack Greenberg resigned under pressure. The company's sales were falling and McDonald's had reported its first ever quarterly loss.

And while Cantalupo had a career that spans 30 years with McDonald's, investors will likely remember him for the past 16 months, which every analyst I've spoken with today says has been an incredible turnaround for McDonald's. He accomplished the impossible, in the words of one analyst, taking a company that used to focus on opening many new stores every day, and focusing on the existing stores.

And what he did is he set a standard for service. He also expanded the menu to include items like entree salads. And he also launched McDonald's first ever global marketing campaign.

And now the question many analysts and investors are wondering about is whether Charlie Bell will be able to carry Cantalupo's successful strategy forward. One analyst told me that he think thinks that perhaps there was the idea that Charlie bell might not be ready for the job just yet, that he doesn't have as much experience with McDonald's operations.

But other analysts say that, no, in fact, he has been groomed for this top job and that Cantalupo put a new strong management team in place and that they are likely to continue carrying forth what has been a very successful strategy for McDonald's over the past 16 months.

They reported their highest sales in 30 years in February. Also under Cantalupo's reins the company sales increased in 11 of the 15 months that he was chief executive, which says something after the company's sales had been falling.

And taking a look at the stock price, you can also see the mark that Cantalupo left on the company. The stock was trading in a range of about $14 1/2 to $17 when he took over. That stock price is now over $26 -- Kyra.

PHILLIPS: Lisa Leiter, thank you so much -- Miles.

O'BRIEN: April most certainly has been the cruelest month in Iraq. What's prompting the uprisings and the deadly attacks? We're "in Depth" after a break.

Plus America's oldest worker finally retires at the age of 104. He'll dish some secrets to longevity in a moment.

And later, the tale of a town that doesn't, like Kyra, seem to love big dogs. And the owners, well, they are howling mad.

(COMMERCIAL BREAK)

PHILLIPS: So what happened in Fallujah, Iraq? It wasn't that long ago coalition forces were welcomed with open arms. Now there is an uneasy cease-fire in the midst of a violent uprising.

CNN's Jim Clancy explains what went wrong.

(BEGIN VIDEOTAPE)

JIM CLANCY, CNN CORRESPONDENT (voice-over): U.S. troops in Iraq couldn't see it coming a year ago. As small faces looked up and begged soldiers for autographs, Fallujah looked like it was going to be a textbook case of cooperation and goodwill. Today, U.S. Marines are looking at Fallujah through the telescopic sites of their sniper rifles.

"I think it's come to this point for two reasons," says Fallujah's former mayor. "The people absolutely hate the occupation and the U.S. troops have intimidated the people."

One year ago, Fallujah residents were seething after U.S. troops opened fire, killing 17 people and wounding 70 more, an attack the U.S. says was in defense after being fired upon from the crowd. Human rights Watch investigated an found no conclusive evidence to support the U.S. claims. That incident began a pattern of what Iraqis say has been excessive force and random fire that has killed innocent civilians.

DR. WAMID NAMZI, POLITICAL SCIENTIST: I think there was a lot of shooting in Fallujah which was not necessary but which was provoked by an American overriding desire to prove that they are here and we are strong and we are capable of silencing any opposition.

CLANCY: One U.S. general says the people of Fallujah just don't get it. KIMMITT: They have a view that somehow the harder they fight, the better chance they have of achieving some sort of restorationist (sic) movement within the country. They fight, we work with them.

CLANCY: Fallujah is a city of more than 200,000 people, tribesmen, mainly, with strong Arab traditions. Images of U.S. troops holding a boot on even common criminals wasn't likely to charm the residents. Though it has been described as a company town for Saddam Hussein's military and intelligence, even he found it rebellious.

NAMZI: Fallujah gave trouble once to Mr. Saddam Hussein. They were somehow the only town who opposed him in the open when he executed one of their very brave officers in the Iraq/Iran War. They demonstrated, they showed their teeth to the regime.

CLANCY: Beyond this city Iraqis gave more to Fallujah than just convoys of food, blankets and medical supplies when it was besieged this month by coalition troops. The city that fought the British in 1941, that defied Saddam and is now defying the Americans, was a source of pride.

NAMZI: As if they were ashamed of the quick way which Baghdad fall to the invaders, now in the fighting for Fallujah, they proved that they are capable of defending their towns, their cities.

CLANCY: The coalition must now decide whether talks that aim to defuse the situation will lead to a handover of foreign fighters and weaponry. They also want those who killed four civilian security guards and desecrated their bodies. Senior coalition officials say no one appears willing or able to negotiate those issues or agree such terms.

(on camera): Without that, the U.S.-led coalition will have to decide whether to end the siege, keep up the stalemate or renew the attack. All of those options pose risks.

Jim Clancy, CNN, Baghdad.

(END VIDEOTAPE)

O'BRIEN: News from around the world now. Cell phones fell silent, traffic stopped, and a plaintive siren called Israelis to remember the 6 million Jewish victims of Nazi genocide today. It happened at a Holocaust memorial in Jerusalem. Israeli Prime Minister Ariel Sharon warned that Israel won't allow the murderers of today or tomorrow to harm its people.

Hamas vows 100 unique acts of revenge against Israel for Saturday's killing of their leader, Abdel Aziz Rantisi. Thousands of Palestinian mourners massed in Gaza City Sunday for Rantisi's funeral. They were chanting revenge. The assassination was part of Sharon's campaign to strike out at terrorist organizations and their leaders.

Another international team rockets to the space station: on board a Soyuz spacecraft, the American, Dutch, Russian crew due to arrive Wednesday. Two of them will replace the current crew of station keepers, American astronaut Michael Foale, Russian cosmonaut Alexander Kaleri. They are packed and ready. They arrived at the station in October. And they're saying there's no place like home right about now. It is our wild and woolly story of the day. We promise that's not the last time we'll use that pun.

PHILLIPS: A sheep with sheer determination to avoid a haircut, look at this. We're not pulling the wool over your eyes.

O'BRIEN: Oh my gosh.

(COMMERCIAL BREAK)

O'BRIEN: Excellent work, Roger. Did you see his handiwork?

PHILLIPS: He has a whole crossover cue (ph).

O'BRIEN: He used to work guiding in 767s for Delta. We brought him into the control room. Do it one more time. There you go. That's it. That's it. Yes. Shut down those engines.

All right, so when do you plan to retire?

PHILLIPS: You know, I'm going to work as long as they'll keep me here.

O'BRIEN: Yes?

PHILLIPS: Yes.

O'BRIEN: That's too bad.

PHILLIPS: How about you?

O'BRIEN: Every day I'm with you, I think of retiring for some reason.

(LAUGHTER)

O'BRIEN: Anyway, most of us probably think 65 is prime time. We met a man who celebrated his retirement last week at the tender age of, get this, 104. That's years, 104 years.

PHILLIPS: You won't last that long, that's for sure.

O'BRIEN: That's for sure. The faculty of Messiah College in Pennsylvania presented Professor Ray Crist with a rocking chair. But he says he's not going to use that. In the course of his career, Professor Crist taught at Columbia University. He was involved in the Manhattan Project, which, of course, built the first atomic bomb.

I had a chance to talk with the centenarian about his secret to living such a long and fruitful life.

(BEGIN VIDEOTAPE)

RAY CRIST, RETIRED AT 104: I just go along and I don't even consider any termination. I just work each day as it comes.

O'BRIEN: Did the thought of retiring ever cross your mind earlier?

CRIST: I have not thought of retiring before because I was -- each day I go into my operation with the same idea of trying to help the liberal arts people understand what science and technology are doing. And that is continuous. And I'm thinking about it even now.

O'BRIEN: Which of your many accomplishments are you most proud of, sir?

CRIST: When I think of being proud of something that I have done, that means that I had that as part of my starting aspect of my way of thinking and working. And I don't do that. I'm not working toward an accomplishment. I'm not working to make money. I'm not working to get a new position. I am just working with nature as I find it.

(END VIDEOTAPE)

O'BRIEN: What a great conversation. Anyway, inspiring, truly, really.

PHILLIPS: He's a cutie pie.

O'BRIEN: Yes, and the professor says -- I wouldn't call him a cutie pie to his face. I'd said, Mr. Cutie Pie, maybe. The professor says just because he's retiring, don't think he's not busy, oh, no. He plans to keep up his research. And he's very interested in the interaction between plants and metals. He went on at some length about that, but quite frankly, it went right over my head.

PHILLIPS: Really? Stump you, that's a big feat. So we believe.

(MARKET REPORT)

(COMMERCIAL BREAK)

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


Aired April 19, 2004 - 13:32   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: And this just in to CNN. We're being told a Palestinian rocket exploded in a Jewish settlement. Rescue workers and settlers reporting this, saying that three Israelis -- at least three Israelis slightly wounded in this attack. The rocket hit a home in the settlement, which is just the northwest corner of the Gaza Strip. Earlier today an Israeli was seriously wounded in another rocket attack. Once again, a rocket hitting an Israeli settlement, three people reported wounded right now. We're following the story for you -- Miles.
MILES O'BRIEN, CNN ANCHOR: Survivors of the Oklahoma City bombing gathered today to remember a grim anniversary: 168 were killed in the blast nine years ago now. Today 168 seconds of silence was observed. And the children of those who died gathered to read aloud the names of the victims.

As Oklahoma City remembers the tragedy, prosecutors advance their case against Terry Nichols. He has been convicted in the bombing deaths of eight people. Nichols now faces charges for the rest as CNN's Susan Candiotti tells us from McAlester, Oklahoma.

Hello, Susan.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hello, Miles.

At this hour some victims' relatives who could not be in Oklahoma City for that memorial are, instead, here in McAlester, about 130 miles to the south. They are attending a private service at a church near the courthouse where it is week five in the state trial against Terry Nichols, the bombing co-conspirator for whom the state is seeking the death penalty. Among the spectators, a woman whose niece was killed in the blast nine years ago this morning.

(BEGIN VIDEOTAPE)

DARLENE WELCH, VICTIM'S AUNT: I am there for Ashley.

CANDIOTTI (voice-over): Ashley Eckles would be 13 years old now if she had not been killed in Oklahoma City bombing.

WELCH: She would be planning going to dances and wearing makeup and worrying about what to do with her hair and worrying about boys and all the things that a regular teenager would do.

CANDIOTTI: Darlene Welch is Ashley's aunt. She has been in court every day for Terry Nichols' state murder trial. WELCH: What we are seeking is justice.

CANDIOTTI: Each week, Welch leaves her spacious home outside Oklahoma City to live in an RV where the trial is taking place in McAlester, 130 miles away.

WELCH: It's like a little house, I have a refrigerator and stove and all my clothes are there. And my dog and cat go with me, my snuggle-buddies, in the evening

CANDIOTTI: Five weeks into the case, Welch suggests the evidence found in Nichols' home alone is damning, including a receipt for two tons of fertilizer and plastic barrels said to be similar to those used to build the bomb.

WELCH: He bought the fertilizer, he got the barrels, he did it.

CANDIOTTI: Court was scheduled to resume today at 9:00 a.m., almost nine years to the minute when a bomb brought down the Oklahoma City federal building, killing Ashley and 167 other victims.

WELCH: I imagine that I will probably just drop my head and pray and ask God to provide justice for us.

(END VIDEOTAPE)

CANDIOTTI: A key witness whose testimony might begin by the end of today or more likely tomorrow is Michael Fortier, he's an old Army buddy of Timothy McVeigh and Terry Nichols who was also aware of the bomb plot. He is currently serving a 12-year sentence and, Miles, he is in the Witness Protection Program. Back to you.

O'BRIEN: CNN's Susan Candiotti, thanks -- Kyra.

PHILLIPS: A man described as one of the worst sexual predators on the West Coast has been captured in Oregon. Edward Stokes had been serving a life sentence in California, but was released just two weeks ago.

Our Miguel Marquez has the story.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): Serial child molester and self-described monster, Edward Harvey Stokes, is behind bars, arrested in Gresham, Oregon, a suburb of Portland, after a tip came in from a woman who had seen news reports about Stokes.

GRANT MCCORMICK, GRESHAM POLICE: He admitted who he was and he was taken into custody without incident.

MARQUEZ: Investigators searched a used ambulance Stokes had parked in a lot south of Portland in a white Ryder van that Stokes rented last week.

MCCORMICK: There is a mattress in the back of the van. We don't know what that is being used for. But that will be processed.

MARQUEZ: Stokes was let out of prison on April 7 in Orange County, California, after a sentence for sexual battery of a teenager was overturned. Stokes' accuser in the case, a 16-year-old boy, killed himself shortly before trial and a California appellate court ruled that Stokes had been denied his constitutional right to confront and cross-examine his accuser.

While serving an earlier sentence for child molestation in Colorado, Stokes wrote to a prison therapist that he had 212 victims. After being let out of prison in California, Stokes applied for a driver's license in Washington State and investigators say he gave a false address. Two warrants were issued for his arrest.

(on camera): A spokesman from Multnomah County Jail says Stokes is being held on a no-bail warrant. His arraignment could come as early as Monday morning.

Miguel Marquez, CNN, Los Angeles.

(END VIDEOTAPE)

PHILLIPS: Well, still to come in this hour of LIVE FROM..., not even the strongest dummies can stand up to this accident. Cars come out on the losing end in a new type of crash test.

And more bounce in your workout can help you fight the bulge, we'll explain.

But first, renewing the Patriot Act, is it a weapon in the war on terror or is it a threat to civil liberties? That debate when we return.

(COMMERCIAL BREAK)

O'BRIEN: Well, are you looking to put more bounce in your workout without jarring your joints? You might be interested in Urban Rebounding. Our medical correspondent Holly Firfer reports on the spring it could put in your step.

(BEGIN VIDEOTAPE)

HOLLY FIRFER, CNN MEDICAL CORRESPONDENT (voice-over): Return to the carefree days of childhood, at least for a short while, with a spirit-riveting Urban Rebounding workout. Just what is Urban Rebounding? In a word, fun. At this Atlanta Crunch (ph) Fitness, participants bounce, burn and build their way through a heart-pumping, high energy cardio session on what resembles a mini trampoline. Created by J.B. Berns, urban rebounding incorporates martial arts moves and core abdominal postures all in a surprising low-impact calorie blasting workout.

J.B. BERNS, CREATOR, URBAN REBOUNDING: We did a study comparing treadmill jogging to the Urban Rebounding work-out, and what we found through New Mexico University's study is that it was equal as far as burning calories, but the Urban Rebounding workout was less jarring to the joints and you were testing balance and coordination.

FIRFER: Urban Rebounding will firm the legs, thighs, abs and hips, increase your agility, improve your balance, strengthen your muscles and bones. As with other aerobic activities, be sure to warm up before getting started and take time to cool down and stretch after your rebounding workout.

Holly Firfer, CNN, Atlanta.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

PHILLIPS: Stumping for the Patriot Act, is it a crucial weapon in the war on terror or an infringement on Americans' rights? President Bush, heading to Pennsylvania today, pushing for the renewal of key provisions of the law, which are set to expire at the end of the year. Opponents say the Patriot Act goes too far. Here to debate the issue, Pam Bethel, she's a criminal defense attorney in Washington, and Barbara Comstock, former chief spokeswoman for the Justice Department.

Ladies, good to see both of you.

(CROSSTALK)

PHILLIPS: Well, Barbara, let's start with you. In light of the 9/11 Commission, witnessing the breakdown of communication among intelligence agencies, is it the Patriot Act the answer to bridging this intel gap?

BARBARA COMSTOCK, FMR. CHIEF SPOKESWOMAN, JUSTICE DEPT.: Well, clearly the testimony to date, both in the 9/11 Commission and in the joint inquiry that Congress did previously, as well as a lot of analysts looking at this, have said that prior to 9/11 you had this wall that existed where intelligence sources, people at the CIA, couldn't talk to people at the FBI; and then even within the FBI, people working on intelligence cases versus people working on criminal cases couldn't talk to each other.

So often you had information about the same individual and people weren't able to sit down and put it all together and figure out how to best tackle them. So the Patriot Act, which you just showed the president signing, and I would note that Senator Pat Leahy was there snapping pictures behind him, and one of the most liberal members of the Senate who voted for it and worked on it, as did Senator John Kerry, is overwhelmingly supported both by the American people, which is why it's a smart political thing for the president to talk about, but, most importantly, it's smart, right thing to do for people who are fighting terrorism on the ground. They're now able to use the same tools that they've used for years fighting drugs -- the drug war, and fighting mobsters, now we can use those tools to fight terrorism.

PHILLIPS: Well, you talk about the tools. I mean, definitely, according to the Patriot Act organizations are given greater power. Just a couple of things we pulled out. The sneak and peek, it expands federal access to secret search warrants. The FBI can get court orders without probable cause. FBI has greater power to demand records from businesses and libraries. Pam, is this greater power fair and is it...

PAM BETHEL, CRIMINAL DEFENSE ATTORNEY: Oh no, it's not.

PHILLIPS: Tell me why not.

BETHEL: It's clearly not. And Barbara just made the case why. The wall was there for a purpose. When I was in the Justice Department, yes, it was a hindrance in some of our criminal prosecutions, but it was not insurmountable. Look, what's fair and what's done in the intelligence community in dealing with terrorism is fine, but it is not at all rooted in our fundamental principles of our constitutional rights.

I mean, there is a reason why there must be significant probable cause for the execution of a search warrant. What you do in the outside world and fighting terrorism should not be brought home and used against ordinary Americans. I mean, there are provisions of the act that are in a direct conflict with our well understood, well- accepted principles of personal freedom and personal protection.

Look, this is a democracy, and in a democracy, we are never going to be able to either close our borders or engage in the kind of conduct that makes us totally terrorism-free.

PHILLIPS: Well, Pam, do you -- Pam...

BETHEL: But that's the beauty of it, because we are a democracy.

PHILLIPS: ... do you have faith in intel operators that, hey, look, folks may say this endangers democracy, but you know how terrorists are and they slip under the radar and can work so quickly. We saw that happen with 9/11. If they know they've got something and they want to go after that individual and they feel pretty confident about it, don't you feel think they should be able to have that opportunity to act quickly?

BETHEL: Well, they can act quickly, but totally turning the Bill of Rights on its head does not advance the cause. And what it does, it turns us into the people that we're trying to show how to become a democracy. How can we absolutely carry our case to Iraq or any place else, saying this is the way to do it, people need individual freedom and protection, when, in fact, we are in a march along a trail that terribly circumvents and subscribes (sic) what we as Americans have long enjoyed.

PHILLIPS: OK, Barbara, you're shaking your head. Barbara, I want you to respond, but let me just bring this up quickly. Back in February this question was asked in a CNN Gallup poll about allowing federal agents to secretly search homes without informing the owner, 71 percent of Americans disapproved. So how do you go forward with this and convince the public that the Patriot Act is effective? COMSTOCK: Well, actually, since the '70s we've been able -- what it is, it's called a "delayed notification search," and you have to go to a court and you have to get a search warrant. Unless you have a search warrant, you cannot go in. And in cases where they might destroy evidence or were trying to get a hold of terrorists so that they don't know we're trying to track them down, we have delayed notification. But it's always under court supervisions.

And we have had that for drug dealers and for mobsters for years. All this does is allow it to now be used in terrorism cases. And I should point out the various examples that you cited and that Pam cited are not how the bill -- how the Patriot Act operates at all, because why 98 senators supported it because it has not been successfully challenged at all in courts for almost three years now. It is entirely constitutional and that's because we're taking the same tools that we've used for decades in fighting the drug war and mobsters and other crimes and using it now against terrorists.

The real problem was that we had lesser standards before in going after terrorists. And as Senator Biden, a Democrat, said, that's absurd that we could go after Tony Soprano but couldn't go after Osama bin Laden with the same tools. And that is all that is has changed in the Patriot Act.

And I think that same poll that you cited, I know it was a CNN poll, some time last year, pointed out that 70 to 80 percent of Americans support the Patriot Act even with all of the misinformation out there. When you go through the individual aspects of it, something like delayed notification, do you want us to wait and not inform Mohammed Atta we're looking at his computer so that we can track down the other 18 hijackers or would you like us first to let Mohammed Atta and his lawyer know so then he can advance his terrorist activities.

PHILLIPS: Pam...

COMSTOCK: That's why you have delayed notification.

PHILLIPS: We have got to wrap it, 20 seconds or less, we've got to go.

BETHEL: The bottom line is that answers and support for those kinds of -- provisions of the Patriot Act depend on how you ask the question. If you ask it -- when you say, bin Laden, the answer is, of course, we want them not to be notified. But if it's, Joey and Susie Snow that you don't know whether or not they're bin Laden until you get there, then the answer among Americans is clearly and resoundingly no, that we believe in the Bill of Rights, that it's fundamental to our democracy and we don't want any intrusion into those rights.

PHILLIPS: Pam Bethel, Barbara Comstock, the Patriot Act is what we're talking about, debating. We'll dip in when the president starts talking about it today.

Ladies, thanks so much.

BETHEL: Thank you.

COMSTOCK: Thank you.

O'BRIEN: Well, what happens when you cross an SUV with a mid- size sedan? You don't have to be a dummy to figure this one out -- Kathleen.

KATHLEEN KOCH, CNN CORRESPONDENT: Well, it may seem like a no- brainer, SUV wins, car loses. But there is a way to survive such severe crashes. I'm Kathleen Koch in Ruckersville, Virginia. We'll have more on LIVE FROM... after the break.

(COMMERCIAL BREAK)

O'BRIEN: Well, when an SUV broadsides a mid-size sedan, the results can be deadly. The insurance industry has just finished studying such crashes. And Kathleen Koch has details for us from Ruckersville, Virginia.

Hello, Kathleen.

KOCH: Miles, this is the new barrier used in these tests to slam into 13 mid-size cars at just 31 miles per hour. But what makes the damage so devastating and potentially deadly is the height of the barrier.

(BEGIN VIDEOTAPE)

KOCH (voice-over): It's the same result in test after test, dummys' heads dealt lethal blows. The first time the Insurance Institute for Highway Safety has crashed a barrier the size and shape of an SUV or light truck into a car.

ADRIAN LUND, INSURANCE INSTITUTE FOR HIGHWAY SAFETY: What consumers are afraid of is true, most of the vehicles do poorly in this kind of test, 10 of the 13 vehicles we tested did not do well.

KOCH: Failing grades to ten mid-size vehicles. Only two of those tested, the Toyota Camry and Honda Accord, got good ratings. The Chevrolet Malibu was rated acceptable. The key for all three, a strong vehicle compartment and a side airbag upgrade, especially airbags that protect the head. But that's no guarantee. One failing vehicle, the Saturn L , had a side airbag, but it was too short.

LUND: If it had been deeper and covered more of the window, then the head would have stayed in contact with it.

KOCH: Nearly 10,000 people die every year in side crashes every year, 60 percent from of head injuries. The side impact airbags are standard equipment in only one quarter of cars. And the federal government has never tested cars using an SUV-size barrier. Its barrier hits below the window. It now plans to propose tougher testing standards next month.

JEFFREY RUNGE, ADMINISTRATOR, NATIONAL HIGHWAY TRAFFIC SAFETY ADMIN.: We've declared an emergency to upgrade this side impact standard to protect people in vehicles when they're struck in the side.

(END VIDEOTAPE)

KOCH: Automakers, for their part, say it's not fair to judge a car based on just one test. And they point out that all of these vehicles do pass the federal government side impact crash test. But the automakers have said that by 2007 they will put these head protection side airbags in half of new vehicles. By 2010, they promise they will be in the entire new vehicle fleet -- Miles.

O'BRIEN: Kathleen, aside from the obvious advice to drive defensively and carefully, I mean, what's a person to do, make sure you go out and buy an SUV so you're at the right level?

KOCH: Well, Miles, again, if you're going to drive a mid-size or a small vehicle, they really do advise to try to have a vehicle that does have these side airbags and especially have the head protection. Now you can't retrofit vehicles, but again, 25 percent of them out there do have them in standard. It is an upgrade that can vary in price, you know, from $295 up to $3000 to get them in there. But they say it improves your chances of survival 45 percent.

O'BRIEN: CNN's Kathleen Koch in Virginia. Thank you very much -- Kyra.

PHILLIPS: All right. As we head to the next hour of CNN's LIVE FROM..., we're going to check the numbers on Wall Street real quickly. Dow is down 30 points.

Also straight ahead, you want to know the secret of living past the age of 100? Well, guess what, you may have to push back your retirement years. Coming up in the second hour of LIVE FROM..., a 104-year-old professor gives us a lesson in living.

(COMMERCIAL BREAK)

O'BRIEN: Let's go to the White House right now, the Oval Office, some tape being fed right now -- or is this live? This is a tape, just happened a few moments ago, the announcement by the president, Ambassador John Negroponte will become ambassador to Iraq. Let's listen.

(BUSH LIVE EVENT)

O'BRIEN: All right. That's it. As you know, John Negroponte, 64 years old, was at the -- it was very instrumental winning unanimous approval of the Security Council resolution demanding Saddam Hussein would comply with U.N. mandates, that when he was the U.N. ambassador.

And now we're going to go to -- let's go to CNN's Dana Bash. She's at the White House with more on this and other things.

Hello, Dana.

DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Hi, Miles. And as you mentioned, what we just saw was the nomination by the president, or at least announcing that he is going to nominate John Negroponte, who is currently, as you mentioned, the U.S. ambassador to the United Nations. He will be nominated as the first U.S. ambassador to Iraq.

Now that would take place after June 30. That is still the date that the United States says that they will turn over sovereignty to the Iraqi people. And essentially what will happen is that Paul Bremer, who is currently the coalition administrator, would leave and then the United States would need an ambassador. And he, Negroponte, is the president's pick.

Now, as you mentioned, he is somebody who has been instrumental at the U.N., and members of the administration are hoping that members of Congress will see his involvement at the U.N. and perhaps hope that his confirmation process through the Senate might go more smoothly because he is certainly somebody who might be more committed to the United Nations.

But that confirmation process will likely be an opportunity, at least for Democrats, to highlight the fact that they are not pleased with the president's Iraq policy. And we still have to mention that this comes on a day where the president fielded a call from Spain's new prime minister, a very short call, to discuss the fact that Spain is in fact pulling about 1300 of its troops out of Iraq.

And the White House says that the president did his express his regret and dismay with that decision. But they understand that this is something that the new prime minister pledged to do during the campaign. But this is just -- gives you one more example of the fact that the administration is trying to hold a coalition together at a time when they call it very, very critical between now and June 30 when they turn over sovereignty, they hope so, back to the Iraqi people -- Miles.

O'BRIEN: Dana, the president has the Patriot Act on his mind again today. What's that all about?

BASH: Well, the president is heading to Hershey, Pennsylvania very shortly. He is going there, as you mentioned, to talk about the Patriot Act. This, of course, is the law that was signed by the president after September 11 to give law enforcement -- federal law enforcement agencies more ability to go after terrorists and more ability to interact with the Central Intelligence Agency.

This certainly was brought up a number of times in the past week as the 9/11 Commission has been talking about how 9/11 perhaps could have been prevented, how they could have prevented -- how they could have connected the dots, if you will.

The administration has made clear that they needed that kind of a law in order to connect the dots. So the president is going to go and talk about the fact that he doesn't want this to expire.

But it is important to note that none of the provisions in this law are set to expire until the end of 2005. So you ask, why is he talking about it now? Well, if you talk to the president's political aides, they say that this is something that they can certainly hit John Kerry on because he voted for the Patriot Act, now he's saying he's against it. It's also some of the Democrats have really been hitting on the campaign trail because they say that this is very intrusive to civil liberties. So the president is getting out early and making a big push on the Patriot Act to extend provisions that don't expire until the end of 2005 -- Miles.

O'BRIEN: CNN's Dana Bash at the White House. Thank you very much. Stay with us later this hour for the president and the Patriot Act speech in Hershey, Pennsylvania. As we just told you, it is supposed to begin at 2:55 Eastern time. The way this White House runs, it probably will. CNN will bring it to you live as it happens.

KYRA PHILLIPS, CNN ANCHOR: Well, when and how did President Bush make the decision to go to war in Iraq? Those questions are the focus of a soon to be released book by Bob Woodward. It's a behind-the- scenes look at the run-up to the war.

CNN's Elaine Quijano turns the pages.

(BEGIN VIDEOTAPE)

ELAINE QUIJANO, CNN CORRESPONDENT (voice-over): Less than three months after the September 11 attacks, President Bush told Defense Secretary Donald Rumsfeld to start drawing up plans for war in Iraq, according to Bob Woodward's new book "Plan of Attack."

In it Woodward asserts that long before the Bush administration's diplomatic efforts publicly ended, the president's tentative war plans had already privately begun. Woodward says after that meeting with Rumsfeld, the defense secretary gave General Tommy Franks the go ahead for war preps.

BOB WOODWARD, AUTHOR, "PLAN OF ATTACK": And so he starts building runways and pipelines and doing all of the preparations in Kuwait specifically to make war possible.

QUIJANO: Where did the money come from? According to Woodward, $700 million came from funds Congress had appropriated for the war in Afghanistan, a move Woodward says happened without Congress knowing.

But administration officials defend that action.

CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: The secretary of defense, I am quite certain, would propose to the president things that he believes are inside his purview to do with the allocation that he gets from Congress.

QUIJANO: The book also describes the CIA briefing in December 2002 to President Bush on Iraq's weapons of mass destruction capability, one of the main reasons for going to war.

Woodward says the meeting left President Bush skeptical.

WOODWARD: The president kind of, as he's inclined to do, says, nice try, but that isn't going to sell Joe Public. That isn't going to convince Joe Public. QUIJANO: Woodward says Tenet replied...

WOODWARD: Don't worry, it's a slam dunk case.

QUIJANO: A U.S. official tells CNN Tenet believed what he was saying based on intelligence then. Just a few weeks after that, Woodward said Vice President Dick Cheney invited the Saudi ambassador, Prince Bandar, to his West Wing office and allowed him to see a secret war plan map that was supposed to be off limits to foreigners. Those who were there confirm Woodward's account.

GEN. RICHARD MYERS, CHMN., JOINT CHIEFS OF STAFF: It sounds basically correct. And at that time we were looking for support of our allies and partners in the region.

QUIJANO (on camera): Sunday, National Security Adviser Condoleezza Rice appeared to deny another issue raised in the book, that Saudi ambassador Prince Bandar knew of the Iraq war plan even before Secretary of State Colin Powell. Rice said that Powell was privy to all of this and knew what the war plan was.

Elaine Quijano, CNN, Washington.

(END VIDEOTAPE)

O'BRIEN: Another tidbit out of Bob Woodward's book has stirred up a tempest in the Kerry camp. The Democratic nominee to be John Kerry said he's outraged at Woodward's claim that Saudi Prince Bandar promised President Bush to pump up oil production, thereby lower U.S. gas prices, just in time for the November election.

Here is John Kerry today in Florida.

(BEGIN VIDEO CLIP)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL NOMINEE: Here's the catch. The American people would have to wait until the election, until November of 2004, the presidential election, until the Saudis lower those prices. Now if this sounds wrong to you, that's because it is fundamentally wrong.

And if, as Bob Woodward reports, it is true that gas supplies and prices in America are tied to the American election, then tied to a secret White House deal, that is outrageous and unacceptable to the American people.

(END VIDEO CLIP)

O'BRIEN: The White House and Saudi Arabia says Woodward got it all wrong, and that the Saudis pledged not to allow shortages that might dampen the world economy. If you'd like to know more, Bob Woodward will take your phone calls tonight right here on CNN. He is Larry King's guest. 9:00 Eastern, 6:00 Pacific.

PHILLIPS: In Iraq, still a standoff, but encouraging signs from Fallujah. Its civic leaders are joining in a call for insurgents battling U.S. Marines to lay down their weapons. They're said to have a lot of influence with the Sunni fighters. U.S. military warn they won't wait forever, though, that the Marines are prepared to launch a final assault.

(BEGIN VIDEO CLIP)

BRIG. GEN. MARK KIMMITT, U.S. ARMY: What they want more than anything else is your fear. What they want is for you to capitulate. What they want is for you to negotiate. And will the coalition remain here and remain resolved? Absolutely. Are we looking at pulling out? Absolutely not. Do we fear the terrorists? Hell no.

(END VIDEO CLIP)

PHILLIPS: No further word on the whereabouts of Matt Maupin. He's a 20-year-old Army Reservist being held hostage by a group of insurgents. They released this video of him on Friday. Today the Army officially listed Maupin as captured 10 days after his convoy was attacked outside Baghdad.

Spanish troops, meanwhile, calling it quits. They've been ordered by Spain's new prime minister to pack up and head for home as soon as possible. Coalition leaders say Spain's withdrawal will not create a security vacuum in southern Iraq.

And there's word on Iraqi TV, reporter and a driver were killed by coalition troops. The victims' colleague say a cameraman was also injured in the attack about 60 miles north of Baghdad. No confirmation from the military just yet.

O'BRIEN: Here at home, preventing another terrorist strike. Homeland Security Secretary Tom Ridge announcing today he's forming a special government task force that will include members of his department and non-cabinet level agencies. Ridge says that a number of upcoming events could be targets of opportunity, among them the dedication of the new World War II Memorial in Washington. The task force is designed to improve readiness and better coordinate security efforts.

PHILLIPS: Other news across America now, nine years ago today, Americans witnessed what was then the worst terror attack on U.S. soil. Memorials are being held across the nation today for the Oklahoma City bombing anniversary. In the city itself, 116 seconds of silence was observed for each person who died.

A dangerous morning rush hour for commuters at Penn Station in New York, 130 people were hurt when an Amtrak work train slammed into a parked commuter train. Most of those injuries were minor. There's no word of the cause of the accident.

And in North Dakota, a tragic ending to the search for a missing college student. The body of Dru Sjodin was found Saturday in Minnesota, five months after her disappearance. A candlelight vigil was held in Grand Forks last night. A banner reads at the University of North Dakota reads, "Dru, in angel's arms you stay." There's a new head cook in the kitchen at McDonald's. The world's largest fast food chain named a new CEO today after the sudden death of its chief executive.

CNN's Lisa Leiter joins us now from Rosemont, Illinois, with the reaction.

Hi, Kyra.

LISA LEITER, CNN FINANCIAL NEWS CORRESPONDENT: Hi, Kyra. Well, Jim Cantalupo's sudden death was a sudden shock to the company and to investors. McDonald's 60-year-old chairman and executive died while attending a franchisee convention in Orlando, Florida.

McDonald's, which is based not far from here in Oak Brook, Illinois, did announce a successor to Mr. Cantalupo this morning, naming Charlie Bell, the company's president and chief operating officer, as the new president and chief executive officer effective immediately.

However, the company is splitting the chairman and chief executive roles that Jim Cantalupo held. The chairmanship will be held by Andrew McKenna, the board's current presiding director.

Now the loss of a leader, of course, devastating to any company. But for McDonald's it comes at a critical time. Jim Cantalupo, as you may know, left retirement early last year to take over the company, after former CEO Jack Greenberg resigned under pressure. The company's sales were falling and McDonald's had reported its first ever quarterly loss.

And while Cantalupo had a career that spans 30 years with McDonald's, investors will likely remember him for the past 16 months, which every analyst I've spoken with today says has been an incredible turnaround for McDonald's. He accomplished the impossible, in the words of one analyst, taking a company that used to focus on opening many new stores every day, and focusing on the existing stores.

And what he did is he set a standard for service. He also expanded the menu to include items like entree salads. And he also launched McDonald's first ever global marketing campaign.

And now the question many analysts and investors are wondering about is whether Charlie Bell will be able to carry Cantalupo's successful strategy forward. One analyst told me that he think thinks that perhaps there was the idea that Charlie bell might not be ready for the job just yet, that he doesn't have as much experience with McDonald's operations.

But other analysts say that, no, in fact, he has been groomed for this top job and that Cantalupo put a new strong management team in place and that they are likely to continue carrying forth what has been a very successful strategy for McDonald's over the past 16 months.

They reported their highest sales in 30 years in February. Also under Cantalupo's reins the company sales increased in 11 of the 15 months that he was chief executive, which says something after the company's sales had been falling.

And taking a look at the stock price, you can also see the mark that Cantalupo left on the company. The stock was trading in a range of about $14 1/2 to $17 when he took over. That stock price is now over $26 -- Kyra.

PHILLIPS: Lisa Leiter, thank you so much -- Miles.

O'BRIEN: April most certainly has been the cruelest month in Iraq. What's prompting the uprisings and the deadly attacks? We're "in Depth" after a break.

Plus America's oldest worker finally retires at the age of 104. He'll dish some secrets to longevity in a moment.

And later, the tale of a town that doesn't, like Kyra, seem to love big dogs. And the owners, well, they are howling mad.

(COMMERCIAL BREAK)

PHILLIPS: So what happened in Fallujah, Iraq? It wasn't that long ago coalition forces were welcomed with open arms. Now there is an uneasy cease-fire in the midst of a violent uprising.

CNN's Jim Clancy explains what went wrong.

(BEGIN VIDEOTAPE)

JIM CLANCY, CNN CORRESPONDENT (voice-over): U.S. troops in Iraq couldn't see it coming a year ago. As small faces looked up and begged soldiers for autographs, Fallujah looked like it was going to be a textbook case of cooperation and goodwill. Today, U.S. Marines are looking at Fallujah through the telescopic sites of their sniper rifles.

"I think it's come to this point for two reasons," says Fallujah's former mayor. "The people absolutely hate the occupation and the U.S. troops have intimidated the people."

One year ago, Fallujah residents were seething after U.S. troops opened fire, killing 17 people and wounding 70 more, an attack the U.S. says was in defense after being fired upon from the crowd. Human rights Watch investigated an found no conclusive evidence to support the U.S. claims. That incident began a pattern of what Iraqis say has been excessive force and random fire that has killed innocent civilians.

DR. WAMID NAMZI, POLITICAL SCIENTIST: I think there was a lot of shooting in Fallujah which was not necessary but which was provoked by an American overriding desire to prove that they are here and we are strong and we are capable of silencing any opposition.

CLANCY: One U.S. general says the people of Fallujah just don't get it. KIMMITT: They have a view that somehow the harder they fight, the better chance they have of achieving some sort of restorationist (sic) movement within the country. They fight, we work with them.

CLANCY: Fallujah is a city of more than 200,000 people, tribesmen, mainly, with strong Arab traditions. Images of U.S. troops holding a boot on even common criminals wasn't likely to charm the residents. Though it has been described as a company town for Saddam Hussein's military and intelligence, even he found it rebellious.

NAMZI: Fallujah gave trouble once to Mr. Saddam Hussein. They were somehow the only town who opposed him in the open when he executed one of their very brave officers in the Iraq/Iran War. They demonstrated, they showed their teeth to the regime.

CLANCY: Beyond this city Iraqis gave more to Fallujah than just convoys of food, blankets and medical supplies when it was besieged this month by coalition troops. The city that fought the British in 1941, that defied Saddam and is now defying the Americans, was a source of pride.

NAMZI: As if they were ashamed of the quick way which Baghdad fall to the invaders, now in the fighting for Fallujah, they proved that they are capable of defending their towns, their cities.

CLANCY: The coalition must now decide whether talks that aim to defuse the situation will lead to a handover of foreign fighters and weaponry. They also want those who killed four civilian security guards and desecrated their bodies. Senior coalition officials say no one appears willing or able to negotiate those issues or agree such terms.

(on camera): Without that, the U.S.-led coalition will have to decide whether to end the siege, keep up the stalemate or renew the attack. All of those options pose risks.

Jim Clancy, CNN, Baghdad.

(END VIDEOTAPE)

O'BRIEN: News from around the world now. Cell phones fell silent, traffic stopped, and a plaintive siren called Israelis to remember the 6 million Jewish victims of Nazi genocide today. It happened at a Holocaust memorial in Jerusalem. Israeli Prime Minister Ariel Sharon warned that Israel won't allow the murderers of today or tomorrow to harm its people.

Hamas vows 100 unique acts of revenge against Israel for Saturday's killing of their leader, Abdel Aziz Rantisi. Thousands of Palestinian mourners massed in Gaza City Sunday for Rantisi's funeral. They were chanting revenge. The assassination was part of Sharon's campaign to strike out at terrorist organizations and their leaders.

Another international team rockets to the space station: on board a Soyuz spacecraft, the American, Dutch, Russian crew due to arrive Wednesday. Two of them will replace the current crew of station keepers, American astronaut Michael Foale, Russian cosmonaut Alexander Kaleri. They are packed and ready. They arrived at the station in October. And they're saying there's no place like home right about now. It is our wild and woolly story of the day. We promise that's not the last time we'll use that pun.

PHILLIPS: A sheep with sheer determination to avoid a haircut, look at this. We're not pulling the wool over your eyes.

O'BRIEN: Oh my gosh.

(COMMERCIAL BREAK)

O'BRIEN: Excellent work, Roger. Did you see his handiwork?

PHILLIPS: He has a whole crossover cue (ph).

O'BRIEN: He used to work guiding in 767s for Delta. We brought him into the control room. Do it one more time. There you go. That's it. That's it. Yes. Shut down those engines.

All right, so when do you plan to retire?

PHILLIPS: You know, I'm going to work as long as they'll keep me here.

O'BRIEN: Yes?

PHILLIPS: Yes.

O'BRIEN: That's too bad.

PHILLIPS: How about you?

O'BRIEN: Every day I'm with you, I think of retiring for some reason.

(LAUGHTER)

O'BRIEN: Anyway, most of us probably think 65 is prime time. We met a man who celebrated his retirement last week at the tender age of, get this, 104. That's years, 104 years.

PHILLIPS: You won't last that long, that's for sure.

O'BRIEN: That's for sure. The faculty of Messiah College in Pennsylvania presented Professor Ray Crist with a rocking chair. But he says he's not going to use that. In the course of his career, Professor Crist taught at Columbia University. He was involved in the Manhattan Project, which, of course, built the first atomic bomb.

I had a chance to talk with the centenarian about his secret to living such a long and fruitful life.

(BEGIN VIDEOTAPE)

RAY CRIST, RETIRED AT 104: I just go along and I don't even consider any termination. I just work each day as it comes.

O'BRIEN: Did the thought of retiring ever cross your mind earlier?

CRIST: I have not thought of retiring before because I was -- each day I go into my operation with the same idea of trying to help the liberal arts people understand what science and technology are doing. And that is continuous. And I'm thinking about it even now.

O'BRIEN: Which of your many accomplishments are you most proud of, sir?

CRIST: When I think of being proud of something that I have done, that means that I had that as part of my starting aspect of my way of thinking and working. And I don't do that. I'm not working toward an accomplishment. I'm not working to make money. I'm not working to get a new position. I am just working with nature as I find it.

(END VIDEOTAPE)

O'BRIEN: What a great conversation. Anyway, inspiring, truly, really.

PHILLIPS: He's a cutie pie.

O'BRIEN: Yes, and the professor says -- I wouldn't call him a cutie pie to his face. I'd said, Mr. Cutie Pie, maybe. The professor says just because he's retiring, don't think he's not busy, oh, no. He plans to keep up his research. And he's very interested in the interaction between plants and metals. He went on at some length about that, but quite frankly, it went right over my head.

PHILLIPS: Really? Stump you, that's a big feat. So we believe.

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