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Scott Peterson Juror Removed; John Kerry Addresses Supporters in California

Aired June 23, 2004 - 15:00   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.


FREDRICKA WHITFIELD, CNN ANCHOR: Welcome back to LIVE FROM. I'm Fredricka Whitfield, in for Miles O'Brien.
KYRA PHILLIPS, CNN ANCHOR: And I'm Kyra Phillips. Here's what's happening at this half-hour.

The American effort to have U.S. peacekeepers exempted from international court justice is dead. Deputy Ambassador James Cunningham withdrew a proposed U.N. resolution today in the face of strong opposition, some of it tied to U.S. actions in Iraq. Any alleged war crimes there, however, aren't subject to the court, because neither the U.S. nor Iraq has signed that court treaty.

Saudi Arabia is giving terrorists an ultimatum. Crown Prince Abdullah announced today that Saudis involved in terrorism have a month to turn themselves in or face government action. The prince spoke on television on behalf of King Fahd.

Former U.N. Ambassador John Negroponte is set to take over as ambassador to Iraq when the U.S.-led coalition hands over sovereignty to an interim Iraqi government next week. Secretary of State Colin Powell sworn in Negroponte today.

WHITFIELD: In Redwood City, California, one of 12 jurors in the Scott Peterson case is removed from the panel.

Our Ted Rowlands is following the case.

And it looks as though an explanation is conflicting with what transcripts are saying as to why he was removed -- Ted.

TED ROWLANDS, CNN CORRESPONDENT: Well, this juror, juror No. 5, 28-year-old Justin Falconer was removed from the panel this morning by Judge Alfred Delucchi here in Redwood City. The exact reasons for it are still a bit fuzzy.

The juror himself came out after he was dismissed and addressed the media and said that he basically blamed his dismissal on the media and specifically about an event that happened last week that he says was blown out of proportion. And that was the interaction that he had with Brent Rocha, Laci Peterson's brother, as the two entered the courtroom. There was some sort of conversation, very short, next to the metal detectors, as they went through security.

It was caught by television cameras and it was discussed ad nauseam by many of the television stations covering this trial. The juror says that he was dismissed because it caused a distraction in the case. Now, other sources say that something else has transpired since then and there was more to it than just that conversation.

In fact, the judge on Monday of this week came out and said that he had ruled nothing improper happened during the exchange between this juror, Falconer, and Brent Rocha. The bottom line is, this juror is out. He has been replaced by alternate No. 1. As soon as that was determined, Mark Geragos got into court and demanded on the record a mistrial in this case, saying that the media has inserted itself into this trial and his client deserves a new trial.

The judge denied him the mistrial and they continued on with this new juror in place of juror No. 5. And the new juror, one would think, would be more prosecution-leaning, in that juror No. 5 that came out said that he thought Scott Peterson at this point is still innocent. He talked for a good 10, 15 minutes with the media. He said that, at this point, he had not heard anything to sway him differently.

And it would seem that the defense may have fought this and indeed asking for the mistrial would lend one to believe that. The new juror is a doctor and a lawyer, has two degrees. He will now sit in the No. 5 position.

WHITFIELD: Ted, apparently, Associated Press wires is reporting that a transcript from this closed-door meeting between the judge and others, Judge Delucchi, apparently says this juror No. 5 discussed the case with his girlfriend.

We heard some comments, as you very aptly described, from this juror moments ago. He said he was very disappointed and he believes that he was indeed a distraction. When might we hear what the real explanation is?

ROWLANDS: Well, we may hear it or we may not. This was done in camera and it was done with a court reporter in. Whether or not those transcripts of exactly what transpired will be released to the public as part of the record -- eventually, it will, but whether it will be sooner than later, we'll have to wait and see.

But the judge this week ruled very emphatically that what happened earlier between Brent Rocha and this juror was not misconduct. So it would be hard to believe that that -- over the weekend, all of a sudden, the judge changed his mind and booted this individual off of the panel. And sources have told CNN that there was more to it. It just has not been made public.

WHITFIELD: All right, and, Ted, let's take a moment to hear the words from juror No. 5 just moments ago.

(BEGIN VIDEO CLIP)

JUSTIN FALCONER, FORMER SCOTT PETERSON JUROR: A lot of things got blown out of proportion. There was a lot of access, you know, to what was actually said. And there was a lot made up, I think. And I think it was a lot of false, false reporting. (END VIDEO CLIP)

WHITFIELD: And, Ted, he also did expression some disappointment. He said he did want to continue to be a part of this trial.

ROWLANDS: Yes. But, then again, he went on to say, it's no big deal.

but I think you get the feeling, listening to him talk about it, that he was -- he was serving on this jury and was happy to do so. And there is most likely a lot of disappointment for him being excused from this panel. But the trial goes on. And there are now five alternates left for this trial, which is expected to last another 3 1/2 months.

WHITFIELD: Ted Rowlands out of Redwood City, California, thanks very much for your report -- Kyra.

PHILLIPS: All right, we want to take you live to San Francisco, California, right now. Presidential hopeful John Kerry just stepped up to the podium. He's addressing supporters there, talking about his plan to strengthen America's health care.

Let's listen in.

(JOINED IN PROGRESS)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: ... of the United States Senate, who said to me, tomorrow, we're going to bring up veterans' health care on the floor and we're going to have a short debate and we need a vote.

And I canceled everything for the day and went back to Washington in order to vote. But these people are so petty, so sad, so political that all they could do was spend the whole day finding a way not to let John Kerry vote. The result is, we didn't get to, but I got news for them. When you help me become president of the United States, you're going to give me a veto pen. And with that veto pen, we're going to stand up for the rights of Americans to vote, the rights of Americans to have health care, the rights of Americans to be able to have the agenda of our country on the table.

(CHEERING AND APPLAUSE)

KERRY: It's time -- it's time we had a president who wants to get rid of the games. It's time we had a president who doesn't see everything in terms of Republican or Democrat, but sees things that are in the interests of Americans as Americans.

It's time we had a president who wants to get this done. And we can do this. We can do this. This isn't about me. I can't do this by myself. You can't do it by yourself. But we can do it together. That's the power of this country when we use the power of the ballot box, when we come together.

And I'll tell you, I know that I've got a friend in Andy Stern, a friend who's going to help in this fight with all of you.

And, Andy, I thank you for your extraordinary leadership. I thank you for always honoring the memory of 54 SEIU members who lost their lives on September 11. And one thing we will remember is that every single one of those SEIU members who were in that building that politicians speak about, every one of those police officers and firefighters and emergency medical personnel who went up those steps and gave their lives, so that others might live, every one of them was a member of organized labor and believed in the right to bargain and the right to do better, the right to stand up for themselves.

(CHEERING AND APPLAUSE)

KERRY: And all Americans should honor their memory by supporting the work that their brothers and sisters in this union do every single day.

Anna Burger, thank you for organizing an extraordinary, powerful grassroots effort to help us win the White House, but, most importantly, to win a better life for America's working families. Folks, this isn't about rhetoric. This is not about merely winning. There's a reason people go to work. There's a fabric in our country. There's something that holds us together that's more than our individuality and more than the places we come from.

It's called America and it's a dream. It's always been a great ideal for people all across this planet. We need to restore common sense and fundamental American values to the workplace again, so it's a place that's fair, where, if you work, you can earn the ability for that week's work to actually take care of your family, and do better, and put money away, and pay your bills.

(CHEERING AND APPLAUSE)

KERRY: I want you to know that nothing has made me prouder than going to PurpleOcean.org and adding my name to the list of Americans who are standing strong with the 1.7 million members of SEIU.

(CHEERING AND APPLAUSE)

KERRY: And I'll tell you, while many have marched to make history in San Francisco and across this country, I am confident that the army of purple that marched across the Golden Gate Bridge last weekend, that army turned a few heads around this town.

And that's why we're here. Those steps that you took across that bridge, one after the other, they didn't just bring you to the other side. They brought us one step closer to an America that is stronger here at home and once again will be respected in the world. They brought us one step closer to the end of the Bush administration.

(CHEERING AND APPLAUSE)

KERRY: And that's what this is about.

(CHEERING AND APPLAUSE) KERRY: We're here to fight for something real. We're here to fight for something that makes a difference in an average person's life. We're here to fight for good paying jobs that let American workers actually get ahead for a week's and month's and year's work.

We're here to make this nation energy independent, so that no young American in uniform ever is held hostage by America's dependence on oil in the Middle East. We're here...

(CHEERING AND APPLAUSE)

KERRY: We're here to build a strong military and lead strong alliances, so that our military is never overextended and young Americans are never put in harm's way because we decided to go it alone.

(CHEERING AND APPLAUSE)

KERRY: And we're here to build an economy of the future by investing in science and technology and higher education and opening those doors to all our citizens, not shutting them, the way this administration has, as they have lost the value of the minimum wage, lost the value of student loans, reduced the level of opportunity.

And we are here to make health care a right for all of our people. And that's really what I want to say a few words about here today.

(CHEERING AND APPLAUSE)

KERRY: You know, I was born at an Army hospital in Colorado during World War II. My dad was in the Army Air Corps.

(CHEERING)

KERRY: We have some Coloradans here.

And my mother was -- 50 years, she served as a Girl Scout leader. She was involved in the community. She cared about the environment. Both of my parents, like yours, taught values. And they taught me the value of service. I've always been determined to give something back to my country, as a soldier, as a prosecutor, as a senator. And now I am privileged to be running for president of the United States.

It's been a great adventure, but it is most importantly a great gift and a great privilege, because so many of you, some of you sitting right here in this room, have welcomed Teresa and me and our kids into your homes. You've told us your stories. You've shared your pain. You've opened up your hearts and you've told us of your dreams and what you're working for so hard and how hard it is to get ahead.

And the story of your lives has become the work of my life. And, you know, working families, as you know better than anybody, because I heard some of those stories. All across this country, you're living by the oldest and the greatest of American values, hard work, service and caring for one another. And those are the values that make SEIU the nation's fastest growing union.

Those are the values that built our country. And I'm running for president of the United States because I believe that our government should live by those values, too.

(CHEERING AND APPLAUSE)

PHILLIPS: Presidential hopeful John Kerry there addressing supporters in San Francisco, California, touching on a number of topics, but the main one was that John Kerry wanted to outline his plan to strengthen health care, talking specifically about four points that he wanted to make, obviously criticizing the Bush administration for his effort on the patients bill of rights.

We'll talk about that in just a second, but John Kerry saying that he wants to increase the protections of a patients bill of rights, also contribute to the high-quality health care choices for employees, also talked about allowing Americans the same plan as Congress.

Final point, picking up full cost of more than 20 million children enrolled in Medicaid, wanting to extend health care to more children, to more working adults.

Now, of course, to get a little reaction from the Bush camp, Nicolle Devenish is communications director for Bush-Cheney 2004. She's with us live from campaign headquarters in Arlington, Virginia.

Glad that you could join us, Nicolle.

I guess, first of all, I want to get you to respond to a couple of the criticisms John Kerry has of the Bush administration, No. 1, making the point the Bush administration has blocked a bipartisan effort to pass a patients bill of rights in Congress. Let's talk about that.

NICOLLE DEVENISH, COMMUNICATION DIRECTOR, BUSH-CHENEY CAMPAIGN: Sure.

Well, a couple things. The president worked on bipartisan legislation and he worked to pass a patients bill of rights. But it was actually Democrats in Congress, including Senator Kerry, who sided with trial lawyers and blocked that measure.

And something else struck me. I was listening to what you broadcast. And he said something he was most proud about was getting on a Web site and being part of that effort, whatever his audience was talking about. And I think something that the president is most proud about is the fact that, for the first time in our country's history, there is a prescription drug benefit for seniors as part of Medicare.

And you really can't talk about lowering the cost of health care without addressing the root causes of high health care costs. So, to be out on the campaign trail and talk about lowering health care costs without having any real policies for addressing medical liability reform is just what he accused us of doing. It's really rhetoric, not real policies.

PHILLIPS: Well, John Kerry has come forward putting some pretty strong numbers into that rhetoric that you say, saying the cost of family health insurance has increased by almost 50 percent for employees under the Bush administration.

DEVENISH: Well, you know, the rising cost of health care is really a 30-year problem. And John Kerry has been in the Senate for 19 of those years.

And if you remember, during the Democrat primaries, his very flimsy record on doing anything to address rising health care costs was a very frequent line of attack from Howard Dean and others. But, actually, for the first time in 30 years, some of that rise in health care costs has actually stabilized. And it's been under the president's leadership.

This is not a partisan debate. This is a very real policy difference between President Bush and John Kerry. You cannot talk in a serious way about lowering health care costs without addressing what is a $100-billion-a-year problem. And that is medical liability and frivolous lawsuits.

PHILLIPS: Well, you talk about frivolous lawsuits, talk about lawsuits. Let's talk about the HMO controversy, John Kerry making a point of this. Under the Bush administration, there's been a lot of mistakes on behalf of HMOs or at least lawsuits that have been engaged, John Kerry coming forward, saying that the Bush administration has stood up for HMOs and insurance companies and not enough for the patients.

DEVENISH: Well, look, I think this is a line of attack that's a political calculation that's been made to deflect from some of the real progress that the president has made.

I think Democrats talked for so many years about a prescription drug benefit that there's a little bit of alarm that the president actually came to Washington, worked with Congress and got that accomplished, accomplished that very historic measure of making prescription drug coverage part of Medicare. So I think they look to where they can go. And it's an issue with a lot of emotion on both sides. But the facts just don't support their argument.

This president, in his first year in office, worked in a bipartisan manner to pass the patients bill of rights that, again, was blocked by John Kerry, who sided with trial lawyers.

PHILLIPS: Nicolle Devenish, communications director for Bush- Cheney 2004, thanks for your time today.

DEVENISH: Thanks.

PHILLIPS: All right.

We're going to take a quick break. More LIVE FROM right after this. (COMMERCIAL BREAK)

WHITFIELD: In the fog of war, it's tough know who's friend and who's foe.

CNN's Ryan Chilcote saw that firsthand as an embedded reporter. He had been accompanying a platoon of soldiers in Afghanistan's border province of Paktika.

A warning: This report includes some very disturbing images.

(BEGIN VIDEOTAPE)

RYAN CHILCOTE, CNN CORRESPONDENT (voice-over): Their convoy had been attacked during the past week by people in civilian clothes who set off roadside bombs then slipped away.

UNIDENTIFIED MALE: Bravo Company.

UNIDENTIFIED MALE: We believe from the lob and from...

CHILCOTE: Today, the scouts are out in front, entering a region where no American soldier has ever gone.

STAFF SGT. JASON WISTOSKI, U.S. ARMY: Then we are headed down into an area that we knew was known it was going to be hairy.

CHILCOTE: In the distance, they spot what appears to be a man running away. They pursue on foot through a mine field and fire warning shots. The figure in the distance doesn't stop running. There's more firing, taking aim this time.

And the scouts catch up, only to encounter a combat soldier's nightmare. The target turns out to be a 12-year-old boy. The boy's name is Azizullah. He'd been helping his father tend their cattle.

UNIDENTIFIED MALE: He's hit.

CHILCOTE: Inside the bag he's carrying, that they thought was suspicious, nothing more than a bottle of water and a stick.

UNIDENTIFIED MALE: Hey, quit filming. Stop filming.

CHILCOTE (on camera): Two soldiers, including the soldier who shot him and CNN's security adviser, Alan Trappe, got to work on Azizullah keeping him alive for more than two hours before the helicopters arrived. Azizullah's father distraught and convinced his son wouldn't make it, pleaded with the soldiers to let him take his boy home to die.

(voice-over): But the soldiers didn't give up, and neither did Azizullah.

SGT. JERRY ROGERS, U.S. ARMY: The kid held on, asked for his family and stuff. But he wasn't crying a lot. He was working with us, you know, telling us what hurt and what didn't hurt. And that really helps out a lot.

CHILCOTE: Finally, the choppers arrived. Azizullah is whisked away. It is the last time these soldiers will see him. They don't know if he will make it or not. The soldier who pulled the trigger declined to be interviewed.

SGT. TRAVIS HISMAN, U.S. ARMY: I know him pretty well, and you know, this is -- has messed him up pretty good.

UNIDENTIFIED MALE: Oh, he didn't know he was a boy.

UNIDENTIFIED MALE: ... establish a perimeter here...

CHILCOTE: The whole unit is stunned.

UNIDENTIFIED MALE: ...I think we're too spread out.

WISTOSKI: It's like we all got kicked in the gut. It's going to take a little bit to get over. All of us that saw it happen are going to see it happen every single day for the rest of our lives, you know? It's -- you've got to live with that.

CHILCOTE: The Army is investigating. While the investigation is underway, we're not reporting the soldier's name. Lieutenant Chris Morrison is his platoon leader.

1ST LT. CHRIS MORRISON, U.S. ARMY: Every day my soldiers are put in life and death situations and forced to make life or death decisions. And it's not easy. And they'd be foolish to think that every decision comes out the right way.

CHILCOTE: Nearly two weeks after it all went wrong, Azizullah's father arrived in the Afghan capital to see his son in an American field hospital. It was his first time in Kabul, and it had taken intervention by the provincial governor and the help of some Americans to get him here.

Because of this, the father said, my son is injured, my cattle went missing, and my wife has gone crazy. Azizullah's father says his wife will not leave the place where the boy was shot. She rolls on the ground and pleads with Allah to bring her first-born son home, he says. Their livestock all ran away during the shooting. Gone with them, says Azizullah's father, their livelihood.

We asked the Army if there would be any compensation for Azizullah's family. No, we were told. We do not pay compensation for events occurring during combat operations, ever. Twice during their short visit, Azizullah pulled his oxygen mask away and told his father, I want to go home. Doctors say it will be at least a month before Azizullah can leave the hospital.

Ryan Chilcote, CNN, Paktika Province, Afghanistan.

(END VIDEOTAPE)

PHILLIPS: Well, as you can imagine, we've been receiving a lot of e-mails and phone calls about how to help that little boy. You can contact us here at CNN and we can tell you exactly how you can do that.

WHITFIELD: That's great.

Well, that wraps up LIVE FROM for this hour.

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 June 23, 2004 - 15:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: Welcome back to LIVE FROM. I'm Fredricka Whitfield, in for Miles O'Brien.
KYRA PHILLIPS, CNN ANCHOR: And I'm Kyra Phillips. Here's what's happening at this half-hour.

The American effort to have U.S. peacekeepers exempted from international court justice is dead. Deputy Ambassador James Cunningham withdrew a proposed U.N. resolution today in the face of strong opposition, some of it tied to U.S. actions in Iraq. Any alleged war crimes there, however, aren't subject to the court, because neither the U.S. nor Iraq has signed that court treaty.

Saudi Arabia is giving terrorists an ultimatum. Crown Prince Abdullah announced today that Saudis involved in terrorism have a month to turn themselves in or face government action. The prince spoke on television on behalf of King Fahd.

Former U.N. Ambassador John Negroponte is set to take over as ambassador to Iraq when the U.S.-led coalition hands over sovereignty to an interim Iraqi government next week. Secretary of State Colin Powell sworn in Negroponte today.

WHITFIELD: In Redwood City, California, one of 12 jurors in the Scott Peterson case is removed from the panel.

Our Ted Rowlands is following the case.

And it looks as though an explanation is conflicting with what transcripts are saying as to why he was removed -- Ted.

TED ROWLANDS, CNN CORRESPONDENT: Well, this juror, juror No. 5, 28-year-old Justin Falconer was removed from the panel this morning by Judge Alfred Delucchi here in Redwood City. The exact reasons for it are still a bit fuzzy.

The juror himself came out after he was dismissed and addressed the media and said that he basically blamed his dismissal on the media and specifically about an event that happened last week that he says was blown out of proportion. And that was the interaction that he had with Brent Rocha, Laci Peterson's brother, as the two entered the courtroom. There was some sort of conversation, very short, next to the metal detectors, as they went through security.

It was caught by television cameras and it was discussed ad nauseam by many of the television stations covering this trial. The juror says that he was dismissed because it caused a distraction in the case. Now, other sources say that something else has transpired since then and there was more to it than just that conversation.

In fact, the judge on Monday of this week came out and said that he had ruled nothing improper happened during the exchange between this juror, Falconer, and Brent Rocha. The bottom line is, this juror is out. He has been replaced by alternate No. 1. As soon as that was determined, Mark Geragos got into court and demanded on the record a mistrial in this case, saying that the media has inserted itself into this trial and his client deserves a new trial.

The judge denied him the mistrial and they continued on with this new juror in place of juror No. 5. And the new juror, one would think, would be more prosecution-leaning, in that juror No. 5 that came out said that he thought Scott Peterson at this point is still innocent. He talked for a good 10, 15 minutes with the media. He said that, at this point, he had not heard anything to sway him differently.

And it would seem that the defense may have fought this and indeed asking for the mistrial would lend one to believe that. The new juror is a doctor and a lawyer, has two degrees. He will now sit in the No. 5 position.

WHITFIELD: Ted, apparently, Associated Press wires is reporting that a transcript from this closed-door meeting between the judge and others, Judge Delucchi, apparently says this juror No. 5 discussed the case with his girlfriend.

We heard some comments, as you very aptly described, from this juror moments ago. He said he was very disappointed and he believes that he was indeed a distraction. When might we hear what the real explanation is?

ROWLANDS: Well, we may hear it or we may not. This was done in camera and it was done with a court reporter in. Whether or not those transcripts of exactly what transpired will be released to the public as part of the record -- eventually, it will, but whether it will be sooner than later, we'll have to wait and see.

But the judge this week ruled very emphatically that what happened earlier between Brent Rocha and this juror was not misconduct. So it would be hard to believe that that -- over the weekend, all of a sudden, the judge changed his mind and booted this individual off of the panel. And sources have told CNN that there was more to it. It just has not been made public.

WHITFIELD: All right, and, Ted, let's take a moment to hear the words from juror No. 5 just moments ago.

(BEGIN VIDEO CLIP)

JUSTIN FALCONER, FORMER SCOTT PETERSON JUROR: A lot of things got blown out of proportion. There was a lot of access, you know, to what was actually said. And there was a lot made up, I think. And I think it was a lot of false, false reporting. (END VIDEO CLIP)

WHITFIELD: And, Ted, he also did expression some disappointment. He said he did want to continue to be a part of this trial.

ROWLANDS: Yes. But, then again, he went on to say, it's no big deal.

but I think you get the feeling, listening to him talk about it, that he was -- he was serving on this jury and was happy to do so. And there is most likely a lot of disappointment for him being excused from this panel. But the trial goes on. And there are now five alternates left for this trial, which is expected to last another 3 1/2 months.

WHITFIELD: Ted Rowlands out of Redwood City, California, thanks very much for your report -- Kyra.

PHILLIPS: All right, we want to take you live to San Francisco, California, right now. Presidential hopeful John Kerry just stepped up to the podium. He's addressing supporters there, talking about his plan to strengthen America's health care.

Let's listen in.

(JOINED IN PROGRESS)

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: ... of the United States Senate, who said to me, tomorrow, we're going to bring up veterans' health care on the floor and we're going to have a short debate and we need a vote.

And I canceled everything for the day and went back to Washington in order to vote. But these people are so petty, so sad, so political that all they could do was spend the whole day finding a way not to let John Kerry vote. The result is, we didn't get to, but I got news for them. When you help me become president of the United States, you're going to give me a veto pen. And with that veto pen, we're going to stand up for the rights of Americans to vote, the rights of Americans to have health care, the rights of Americans to be able to have the agenda of our country on the table.

(CHEERING AND APPLAUSE)

KERRY: It's time -- it's time we had a president who wants to get rid of the games. It's time we had a president who doesn't see everything in terms of Republican or Democrat, but sees things that are in the interests of Americans as Americans.

It's time we had a president who wants to get this done. And we can do this. We can do this. This isn't about me. I can't do this by myself. You can't do it by yourself. But we can do it together. That's the power of this country when we use the power of the ballot box, when we come together.

And I'll tell you, I know that I've got a friend in Andy Stern, a friend who's going to help in this fight with all of you.

And, Andy, I thank you for your extraordinary leadership. I thank you for always honoring the memory of 54 SEIU members who lost their lives on September 11. And one thing we will remember is that every single one of those SEIU members who were in that building that politicians speak about, every one of those police officers and firefighters and emergency medical personnel who went up those steps and gave their lives, so that others might live, every one of them was a member of organized labor and believed in the right to bargain and the right to do better, the right to stand up for themselves.

(CHEERING AND APPLAUSE)

KERRY: And all Americans should honor their memory by supporting the work that their brothers and sisters in this union do every single day.

Anna Burger, thank you for organizing an extraordinary, powerful grassroots effort to help us win the White House, but, most importantly, to win a better life for America's working families. Folks, this isn't about rhetoric. This is not about merely winning. There's a reason people go to work. There's a fabric in our country. There's something that holds us together that's more than our individuality and more than the places we come from.

It's called America and it's a dream. It's always been a great ideal for people all across this planet. We need to restore common sense and fundamental American values to the workplace again, so it's a place that's fair, where, if you work, you can earn the ability for that week's work to actually take care of your family, and do better, and put money away, and pay your bills.

(CHEERING AND APPLAUSE)

KERRY: I want you to know that nothing has made me prouder than going to PurpleOcean.org and adding my name to the list of Americans who are standing strong with the 1.7 million members of SEIU.

(CHEERING AND APPLAUSE)

KERRY: And I'll tell you, while many have marched to make history in San Francisco and across this country, I am confident that the army of purple that marched across the Golden Gate Bridge last weekend, that army turned a few heads around this town.

And that's why we're here. Those steps that you took across that bridge, one after the other, they didn't just bring you to the other side. They brought us one step closer to an America that is stronger here at home and once again will be respected in the world. They brought us one step closer to the end of the Bush administration.

(CHEERING AND APPLAUSE)

KERRY: And that's what this is about.

(CHEERING AND APPLAUSE) KERRY: We're here to fight for something real. We're here to fight for something that makes a difference in an average person's life. We're here to fight for good paying jobs that let American workers actually get ahead for a week's and month's and year's work.

We're here to make this nation energy independent, so that no young American in uniform ever is held hostage by America's dependence on oil in the Middle East. We're here...

(CHEERING AND APPLAUSE)

KERRY: We're here to build a strong military and lead strong alliances, so that our military is never overextended and young Americans are never put in harm's way because we decided to go it alone.

(CHEERING AND APPLAUSE)

KERRY: And we're here to build an economy of the future by investing in science and technology and higher education and opening those doors to all our citizens, not shutting them, the way this administration has, as they have lost the value of the minimum wage, lost the value of student loans, reduced the level of opportunity.

And we are here to make health care a right for all of our people. And that's really what I want to say a few words about here today.

(CHEERING AND APPLAUSE)

KERRY: You know, I was born at an Army hospital in Colorado during World War II. My dad was in the Army Air Corps.

(CHEERING)

KERRY: We have some Coloradans here.

And my mother was -- 50 years, she served as a Girl Scout leader. She was involved in the community. She cared about the environment. Both of my parents, like yours, taught values. And they taught me the value of service. I've always been determined to give something back to my country, as a soldier, as a prosecutor, as a senator. And now I am privileged to be running for president of the United States.

It's been a great adventure, but it is most importantly a great gift and a great privilege, because so many of you, some of you sitting right here in this room, have welcomed Teresa and me and our kids into your homes. You've told us your stories. You've shared your pain. You've opened up your hearts and you've told us of your dreams and what you're working for so hard and how hard it is to get ahead.

And the story of your lives has become the work of my life. And, you know, working families, as you know better than anybody, because I heard some of those stories. All across this country, you're living by the oldest and the greatest of American values, hard work, service and caring for one another. And those are the values that make SEIU the nation's fastest growing union.

Those are the values that built our country. And I'm running for president of the United States because I believe that our government should live by those values, too.

(CHEERING AND APPLAUSE)

PHILLIPS: Presidential hopeful John Kerry there addressing supporters in San Francisco, California, touching on a number of topics, but the main one was that John Kerry wanted to outline his plan to strengthen health care, talking specifically about four points that he wanted to make, obviously criticizing the Bush administration for his effort on the patients bill of rights.

We'll talk about that in just a second, but John Kerry saying that he wants to increase the protections of a patients bill of rights, also contribute to the high-quality health care choices for employees, also talked about allowing Americans the same plan as Congress.

Final point, picking up full cost of more than 20 million children enrolled in Medicaid, wanting to extend health care to more children, to more working adults.

Now, of course, to get a little reaction from the Bush camp, Nicolle Devenish is communications director for Bush-Cheney 2004. She's with us live from campaign headquarters in Arlington, Virginia.

Glad that you could join us, Nicolle.

I guess, first of all, I want to get you to respond to a couple of the criticisms John Kerry has of the Bush administration, No. 1, making the point the Bush administration has blocked a bipartisan effort to pass a patients bill of rights in Congress. Let's talk about that.

NICOLLE DEVENISH, COMMUNICATION DIRECTOR, BUSH-CHENEY CAMPAIGN: Sure.

Well, a couple things. The president worked on bipartisan legislation and he worked to pass a patients bill of rights. But it was actually Democrats in Congress, including Senator Kerry, who sided with trial lawyers and blocked that measure.

And something else struck me. I was listening to what you broadcast. And he said something he was most proud about was getting on a Web site and being part of that effort, whatever his audience was talking about. And I think something that the president is most proud about is the fact that, for the first time in our country's history, there is a prescription drug benefit for seniors as part of Medicare.

And you really can't talk about lowering the cost of health care without addressing the root causes of high health care costs. So, to be out on the campaign trail and talk about lowering health care costs without having any real policies for addressing medical liability reform is just what he accused us of doing. It's really rhetoric, not real policies.

PHILLIPS: Well, John Kerry has come forward putting some pretty strong numbers into that rhetoric that you say, saying the cost of family health insurance has increased by almost 50 percent for employees under the Bush administration.

DEVENISH: Well, you know, the rising cost of health care is really a 30-year problem. And John Kerry has been in the Senate for 19 of those years.

And if you remember, during the Democrat primaries, his very flimsy record on doing anything to address rising health care costs was a very frequent line of attack from Howard Dean and others. But, actually, for the first time in 30 years, some of that rise in health care costs has actually stabilized. And it's been under the president's leadership.

This is not a partisan debate. This is a very real policy difference between President Bush and John Kerry. You cannot talk in a serious way about lowering health care costs without addressing what is a $100-billion-a-year problem. And that is medical liability and frivolous lawsuits.

PHILLIPS: Well, you talk about frivolous lawsuits, talk about lawsuits. Let's talk about the HMO controversy, John Kerry making a point of this. Under the Bush administration, there's been a lot of mistakes on behalf of HMOs or at least lawsuits that have been engaged, John Kerry coming forward, saying that the Bush administration has stood up for HMOs and insurance companies and not enough for the patients.

DEVENISH: Well, look, I think this is a line of attack that's a political calculation that's been made to deflect from some of the real progress that the president has made.

I think Democrats talked for so many years about a prescription drug benefit that there's a little bit of alarm that the president actually came to Washington, worked with Congress and got that accomplished, accomplished that very historic measure of making prescription drug coverage part of Medicare. So I think they look to where they can go. And it's an issue with a lot of emotion on both sides. But the facts just don't support their argument.

This president, in his first year in office, worked in a bipartisan manner to pass the patients bill of rights that, again, was blocked by John Kerry, who sided with trial lawyers.

PHILLIPS: Nicolle Devenish, communications director for Bush- Cheney 2004, thanks for your time today.

DEVENISH: Thanks.

PHILLIPS: All right.

We're going to take a quick break. More LIVE FROM right after this. (COMMERCIAL BREAK)

WHITFIELD: In the fog of war, it's tough know who's friend and who's foe.

CNN's Ryan Chilcote saw that firsthand as an embedded reporter. He had been accompanying a platoon of soldiers in Afghanistan's border province of Paktika.

A warning: This report includes some very disturbing images.

(BEGIN VIDEOTAPE)

RYAN CHILCOTE, CNN CORRESPONDENT (voice-over): Their convoy had been attacked during the past week by people in civilian clothes who set off roadside bombs then slipped away.

UNIDENTIFIED MALE: Bravo Company.

UNIDENTIFIED MALE: We believe from the lob and from...

CHILCOTE: Today, the scouts are out in front, entering a region where no American soldier has ever gone.

STAFF SGT. JASON WISTOSKI, U.S. ARMY: Then we are headed down into an area that we knew was known it was going to be hairy.

CHILCOTE: In the distance, they spot what appears to be a man running away. They pursue on foot through a mine field and fire warning shots. The figure in the distance doesn't stop running. There's more firing, taking aim this time.

And the scouts catch up, only to encounter a combat soldier's nightmare. The target turns out to be a 12-year-old boy. The boy's name is Azizullah. He'd been helping his father tend their cattle.

UNIDENTIFIED MALE: He's hit.

CHILCOTE: Inside the bag he's carrying, that they thought was suspicious, nothing more than a bottle of water and a stick.

UNIDENTIFIED MALE: Hey, quit filming. Stop filming.

CHILCOTE (on camera): Two soldiers, including the soldier who shot him and CNN's security adviser, Alan Trappe, got to work on Azizullah keeping him alive for more than two hours before the helicopters arrived. Azizullah's father distraught and convinced his son wouldn't make it, pleaded with the soldiers to let him take his boy home to die.

(voice-over): But the soldiers didn't give up, and neither did Azizullah.

SGT. JERRY ROGERS, U.S. ARMY: The kid held on, asked for his family and stuff. But he wasn't crying a lot. He was working with us, you know, telling us what hurt and what didn't hurt. And that really helps out a lot.

CHILCOTE: Finally, the choppers arrived. Azizullah is whisked away. It is the last time these soldiers will see him. They don't know if he will make it or not. The soldier who pulled the trigger declined to be interviewed.

SGT. TRAVIS HISMAN, U.S. ARMY: I know him pretty well, and you know, this is -- has messed him up pretty good.

UNIDENTIFIED MALE: Oh, he didn't know he was a boy.

UNIDENTIFIED MALE: ... establish a perimeter here...

CHILCOTE: The whole unit is stunned.

UNIDENTIFIED MALE: ...I think we're too spread out.

WISTOSKI: It's like we all got kicked in the gut. It's going to take a little bit to get over. All of us that saw it happen are going to see it happen every single day for the rest of our lives, you know? It's -- you've got to live with that.

CHILCOTE: The Army is investigating. While the investigation is underway, we're not reporting the soldier's name. Lieutenant Chris Morrison is his platoon leader.

1ST LT. CHRIS MORRISON, U.S. ARMY: Every day my soldiers are put in life and death situations and forced to make life or death decisions. And it's not easy. And they'd be foolish to think that every decision comes out the right way.

CHILCOTE: Nearly two weeks after it all went wrong, Azizullah's father arrived in the Afghan capital to see his son in an American field hospital. It was his first time in Kabul, and it had taken intervention by the provincial governor and the help of some Americans to get him here.

Because of this, the father said, my son is injured, my cattle went missing, and my wife has gone crazy. Azizullah's father says his wife will not leave the place where the boy was shot. She rolls on the ground and pleads with Allah to bring her first-born son home, he says. Their livestock all ran away during the shooting. Gone with them, says Azizullah's father, their livelihood.

We asked the Army if there would be any compensation for Azizullah's family. No, we were told. We do not pay compensation for events occurring during combat operations, ever. Twice during their short visit, Azizullah pulled his oxygen mask away and told his father, I want to go home. Doctors say it will be at least a month before Azizullah can leave the hospital.

Ryan Chilcote, CNN, Paktika Province, Afghanistan.

(END VIDEOTAPE)

PHILLIPS: Well, as you can imagine, we've been receiving a lot of e-mails and phone calls about how to help that little boy. You can contact us here at CNN and we can tell you exactly how you can do that.

WHITFIELD: That's great.

Well, that wraps up LIVE FROM for this hour.

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