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Michael Jackson in Court; The Day After the Oscars

Aired February 28, 2005 - 13:31   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: Now in the news, President Bush reportedly leaning closer to a decision to give Iran a carrot instead of a stick. U.S. officials say he may offer incentives if Iran gives up nuclear weapons. Until now, Mr. Bush has been talking about sanctions against Iran.
At this hour in Jacksonville, Florida, the family of a brain- damaged woman, Terri Schiavo, is holding a news conference on the steps of the federal courthouse. Live pictures now. As you know, Schiavo's at center of a long legal battle. Doctors say that she's been in a vegetative state for 15 years. Her husband is trying to stop her feedings. Her parents are fighting to keep her alive in a hospice.

Batman is back, this time with Robin and Captain America, dressed up as superheroes. They're perched on a ledge in London just next to the prime minister's office. What's their problem, you may ask? Well, they want more rights for divorced dads to see their children. Last year, Batman scaled the fence at Buckingham Palace, standing on a ledge for hours before police finally got him down.

MILES O'BRIEN, CNN ANCHOR: More now on the Michael Jackson child-molestation trial under way right now in Santa Maria, California, as district attorney Tom Sneddon lays out the prosecution's case. Here are pictures of Jackson's rival this morning. We'll share with you. That's all we'll see of him until he exits the courtroom a little bit later on.

Still, one TV outlet has found a way around the judge's ban on cameras in the courtroom. E Entertainment Channel plans to begin dramatic re-enactments of the trial tonight. That includes an actor cast in the role of the pop star. Sort of a they cavort, you decide way to keep tabs on the trial, you might say?

Well, in the meantime, we're turning to a couple of trial veterans for their legal take as this case actually, finally begins former federal prosecutor Laurie Levinson and criminal defense lawyer Anthony Brooklier join us both from Los Angeles.

Good to have you both with us.

Let's talk about opening arguments, or opening statements, whatever you want to call them.

Laurie, what's the goal, prosecutor and defense, at this juncture after trial? LAURIE LEVINSON, FMR. FEDERAL PROSECUTOR: The goal is to win actually at this stage of the trial. Win right now. You convince that jury from the very beginning, if you're the prosecutor, that where there is smoke, there is fire, that Michael Jackson is somebody who sleeps with boys, who takes advantage of them, he took advantage of this boy, and then he panicked throughout the process and tried to (INAUDIBLE) the boy, take his family, hide them away, and he did that because he knew he was guilty of the crime. And so then they'll look at all of the evidence as it comes in, the jury will look at it through that prism.

O'BRIEN: You want to set the prism, Anthony. That's an important thing. How does the defense go about trying to refute just that?

ANTOHONY BROOKLIER, CRIMINAL DEFENSE ATTY.: Well, look, opening statements are just that, just opening statements. They're not evidence. The judge has already indicated to the jury that that's all they are. The worst thing a prosecutor, or even a defense attorney, could do is over-promise and then not be able to deliver. It's the evidence that's going to decide this case. They're going to forget all about the opening statement. It's the evidence that should and will decide this case.

O'BRIEN: Well, but do juries forget about that opening statement though? Laurie seems to suggest really everything hinges from it. You can -- we can point out some cases, the Peterson case being one of them, where statements from made in the opening statements which were not supported. The jury didn't forget it, right, Laurie?

LEVINSON: That's right. I mean, I think Tony has a great point, which is you don't over-promise your case. You try to give an outline about what it's all about. Ultimately it is the evidence. The one thing you don't do is promise, I'm going to come up with a witness or piece of evidence that you can't show up with. That they'll remember.

O'BRIEN: All right, Anthony, would you go along with that?

BROOKLIER: Absolutely. That was my point. You know, Sneddon better be able to deliver after making this opening statement, because you can be sure that Mesereau, Tom Mesereau, who's a very experienced and very talented and very thorough trial lawyer, is going to stick it down his throat if he has promised things and then at the end of the case has not been able to deliver. He'll read Sneddon's opening statement, or portions that he wasn't able to prove.

O'BRIEN: Laurie, are you surprised that at this juncture this is coming to the point it is? The fact that this wasn't settled somewhere along the way is surprising to many observers, isn't it?

LEVINSON: Oh, I'm not surprised at all. I don't really think that there was much room for settlement. You know, Tom Sneddon has been after Michael Jackson for over 10 years, since the 1993 allegations. He wasn't going to let Jackson walk away from this, and Jackson himself realizes if he pleads to one of the 10 counts, it's as bad as pleading to all of them. It ruins his career, and frankly, the way they've charged this case, he would have to go to jail, he wouldn't get probation.

O'BRIEN: Yes, but I'm thinking about a settlement even before criminal charges would have been filed. In other words, the fact that this alleged victim has brought forth these criminal charges, when in the past Michael Jackson has paid people to be quiet.

LEVINSON: Well, that's where the change in law came into place. There was a change in law after the 1993 allegations that made it more difficult, almost impossible, for a family to sell the victim out, to accept that multimillion dollar settlement in exchange for the boy not testifying. So in fact, this time they have a victim who's coming forward, because the law didn't allow the family members, if they had chosen to, to sell it out on a civil case.

O'BRIEN: All right, Anthony, from the defense perspective here, is this a winnable case?

BROOKLIER: Well, look, every case is a winnable case. It's all going to come down to what the evidence actually shows, what the evidence actually shows. We can talk, we can speculate, you know, everybody knows something about this case, but you know, hopefully those jurors will focus on the evidence, and only focus on the evidence, and then if they prove the case, they prove the case. If they don't, they don't. That's really what it's all about. This is just like any other trial. This is no different than any other trial.

O'BRIEN: Let's talk about the jury for a moment, Laurie. A lot of comments today, including from Jesse Jackson, about the lack of diversity in this jury. Is this perhaps something that the defense has allowed to occur, perhaps sowing the seeds for an appeal. And if so, that's an odd way to begin a trial, isn't it?

LEVINSON: Well, I don't think it will be much issue on appeal, because the defense never moved for change of venue. I'm not sure the motion would have been granted. But they decided that's where Michael Jackson's home is. He chose to have Neverland in that place. He actually was as a pretty good neighbor. So even if people are not of the same race, they do know Michael Jackson, and I'm not sure that race is a crucial element in this case. He would have preferred a black juror, but I think really what he wants to sell himself as, hey, I'm Michael Jackson, people have been over to my ranch, I'm your neighbor, and I didn't do what's being alleged here.

O'BRIEN: Anthony, go along with that? Is this jury going to be a good jury for Michael Jackson?

BROOKLIER: You know, I don't know. I was telling Laurie before we started here that it seems like that's a very pro-law enforcement, very conservative community. I'd -- I would prefer if I were the defense attorney to have a more diverse jury, but there may not just have been a jury pool that would allow for that. That's where he lives. Like Laurie said, that's where he lives, this is his community. But again, you know, despite the ethnic makeup of the jury, you know, you hope -- and maybe this sounds a little naive, but you hope that they listen to the evidence. This case is about the evidence and about credibility. O'BRIEN: All right. That's what it boils down to, and we'll be watching it. Laurie Levinson, Anthony Brooklier, thank you both for your time. Appreciate it.

BROOKLIER: Pleasure.

LEVINSON: Thank you.

BROOKLIER: Thank you.

O'BRIEN: Dr. Gupta checks in on the pope's condition. Medical news next.

And don't worry, we haven't forgotten the Oscars. That entertainment man, Toure? Just one name, Toure. That's all he's got. He's with us to chat about Hollywood's big night.

And after all the controversy, Chris Rock had his moment with Oscar. What did you think about his performance? E-mail us at livefrom@CNN.com. We'll read a few of them in just a little bit.

Back with more after a break. Stay with Us.

(COMMERCIAL BREAK)

PHILLIPS: The Vatican has issued an optimistic progress report on Pope John Paul II's health as he continues to recover from surgery. The pope appeared from his hospital room yesterday, as you can see here, alert and in relatively good condition. With details on the pope's recovery, here's CNN's senior medical correspondent, Dr. Sanjay Gupta.

(BEGIN VIDEOTAPE)

SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT: It is four days now since the operation that we've been talking so much about -- the pope undergoing a tracheotomy last Thursday. The tracheotomy device actually placed in his wind pipe to try and help his breathing. Now certainly observed over the weekend for several things, to see if he would be eating OK, to see how his breathing was now with the device in place. It appears that he's doing well, but even up out of bed. You can see him waving to the crowds here, as well. All of these good signs.

Still concerns by doctors about a couple of things. One of the most important ones being a question of infection. It does not look like that has developed. The type of infection that people are concerned about the most would be a pneumonia. Also, he has started rehabilitation to try and learn how to breathe and possibly to speak with this device in place.

Let me show you the device once more. Again, this device actually going into the wind pipe. People can speak by actually blocking the device, thus allowing air to go past the neck and through the vocal chords. Sometimes a one-way valve is also placed in these devices. Again, this is probably still several days away. He is still considered in the post-operative period. Things do look good at this point. He is not on antibiotics, as far as we know. He is also obviously not on a breathing machine, either. Again, another update expected Thursday. We'll keep you posted as details come forward.

Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE)

KAGAN: And straight ahead, looks like it was a ratings success. But how do you rate Chris Rock as the host of the Oscars? Your e- mails and the best and the worst of the night coming up next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CHRIS ROCK, COMEDIAN: You can't get a star, wait! You want Tom Cruise and all you can get is Jude Law? Wait! It's not the same thing! OK, who is Jude Law? Why is he in every movie I have seen the last four years? He's in every thing! Even the movies he's not acting in. If you look at the credits, he made cupcakes or something. He's in everything! He's gay, he's straight, he's American, he's British. Next year he's playing Kareem Abdul-Jabbar in the movie.

(END VIDEO CLIP)

O'BRIEN: So what did you think of last night's Oscar host? Rock on or rock off? We're asking you to e-mail us your FCC-friendly thoughts about comedian Chris Rock's performance as an Oscar rookie. I know, the FCC doesn't control us, but we still kind of go by those guidelines. We'll keep reading these throughout the afternoon. Let me share some of these with you.

J.G. in Atlanta has this one for us: "I thought it was a home run for Chris Rock. He took an almost certain coma-inducing three hour program, made it hip, edgy and 21st century entertaining with his quips and bits. If he didn't pick on you, clearly, you are not worth being picked on. Rock on!" Says J.G.

Lisa in Long Island has this: "I thought he was offensive and his so-called humor was mean-spirited and seldom funny. Bring back Billy Crystal." Lisa's in Long Island.

"One word: boring," says Regina in South Carolina.

Marsha has this: "He's been funnier on HBO." Well, we all know that. "I feel this venue is too restrictive for his type of humor." Meaning, bleep factor and all that.

Kathy in Athens says this: "I expected Chris to be much funnier than he was. I think his attack on Jude Law was uncalled for, and I'm glad to see Sean Penn spoke up for him." Which you probably saw a little bit later, Sean clearly having no sense of humor whatsoever.

Joe in Austin, Texas, has this: "Chris said what 55 million other Americans said last November, he just took a different spin on it." There he was talking about that Gap/Banana Republic thing. That was from Joe in Austin, Texas.

Tom has this: "One word: lame. The guy doesn't have the class for an event such as this." Is it a classy event? That's a debatable one.

"Chris Rock," says Carol in Fairfax, California, "insulted good people on a day that the world comes together to honor people. He behaved like an immature adolescent who feels the need to belittle others in order to elevate himself." The world comes together for the Oscars? I feel like singing Kumbaya, Kyra.

O'BRIEN: You singing Kumbaya. I would love to see that one on live television.

Now about the show itself. As the Botox wears off and Hollywood lets out its collective stomach until next year, we want sling a little Oscar rehash about the winners and the losers.

Of course joining us to serve up the dish on substance over all that bling-bling blinding style, Toure joins us from L.A. to call them on the red carpet. So what did you think, I guess, in particular, Chris Rock?

TOURE, CNN POP CULTURE CORRESPONDENT: I loved Rock. I had great fun watching him. His bit about four presenters you can't take your eyes off of, Salma Hayek and Penelope Cruz. That just slayed me. The Banana Republic/Gap bit slayed me, too. You know, they don't even make tank tops! I mean he was not -- people are saying he's mean- spirited. Yes, he's mean-spirited. He's miserable guy. He wants to miserable. That's Chris Rock.

And the thing is, Kyra, he wants to shock. He's not there for Hollywood, to placate them, make them happy. He's there for Iowa and Alabama and perhaps Long Island. So, if he's making them laugh, then the Oscars win. And you know what? Matt Drudge is now reporting that they had the highest overnights since 2000. So that's a victory.

PHILLIPS: There was a lot of hype. Let me ask the about the Magic Johnson theater. You remember the little schtick he did. He interviewed all...

TOURE: I loved that bit.

PHILLIPS: You did love that bit? OK, let's tell our viewers, in case they missed it, OK, let's tell our viewers, he went and interviewed a number of -- right here, black moviegoers and said, kind of made fun of how they didn't know any of the movies. And Tom Shields, Toure, was saying, look, it was unclear if this routine was some sort of commentary or racism or a gratuitous slap at Hollywood, but either option is hardly encouraging.

TOURE: It just reminds us how far removed Hollywood is from the rest of America. It wasn't making fun of the black people. It was making fun of Hollywood. Look, none of these people went to see "Sideways," none of them went to see "Million Dollar Baby," and they're all like, yes, "White Chicks" was fun! I mean, that's the difference.

In New York we have the Angelica (ph) Theater, where all the really artful films play. The Angelica has movies that go for Hollywood, go for the Oscars. Magic Johnson Theater up in Harlem and Compton has the movies that most of America is watching. And the movies that most of America was watching this year were not nominated for big Oscars. "Fahrenheit 9/11" was the -- one of the big films, "Passion of the Christ." So when Hollywood is not nominating the movies America is watching, then what? That's what he was saying in that skit.

PHILLIPS: All right, lesson here, listen up, Scorsese. I know you got something to say about this. I know you've got an opinion.

TOURE: Marty hasn't made a good movie in 10 years. He's not going to get an Oscar until lifetime achievement. He spoke the truth on that one, Kyra.

Now listen, your boy Leo, he was way in over his head as Howard Hughes. He cannot play somebody going crazy. Now, OK...

PHILLIPS: But the best thing about Leo is he is a little crazy, so it's perfect.

TOURE: Here's the thing, OK, in "Catch Me As You Can" I thought he was really great. So I guess you could can say sometimes I love LEO, OK, sometimes. But how did you think about Selma Hayek, Kyra?

PHILLIPS: Well, you're putting me on the spot. You know, I thought she was so beautiful, I didn't care what she said, what she starred in. She is hot, what can I tell you.

TOURE: And what else did you think, Kyra?

PHILLIPS: All right, I'm going to move on to something else here. How about "Million Dollar Baby?" I know you got an opinion about "Million Dollar Baby." Everybody pretty much expected this win.

TOURE: Well, I sure did. I mean, the day after I saw it, I said, the Oscar race is over, this film is definitely going to win, no question about it. And it was more than a movie, it was like an experience. I saw men sniffling behind me and around me in the theater when I saw it. It was just fantastic. Now of course, for me, really, the true film of the year was "The Incredibles," but it was not nominated. So "Million Dollar Baby," fantastic choice.

PHILLIPS: For you "Incredibles," for me the documentary Born Into Brothels." I just had to plug it one more time, all right; I'm a journalist. They did an awesome job. It was great. All right, thank you so much, Toure.

TOURE: Toure.

PHILLIPS: I hate to say this, we have to wrap it up. We're going to take a quick break. We'll be right back.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Heidi, do you think you'll give the names of the black book?

UNIDENTIFIED CORRESPONDENT (voice-over): In the 1990s, Heidi Fleiss was one of Hollywood's most notorious characters. The then 20- something daughter of a wealthy pediatrician used her family's connections to attract and service rich and famous clients as the Hollywood madam. Her arrest and trial became headline news. But she never did reveal the contents of her black book, and was sentenced to three years in prison for procuring prostitution and selling cocaine.

When Fleiss was released from prison, she started capitalizing on her notoriety legally. Fleiss has a line of clothing called "Heidi Wear" and owns a West Hollywood Boutique called the Little Shop of Sex. She also invested in her looks, undergoing plastic surgery.

HEIDI FLEISS: I had the party, did the party, threw the party, was the party. I'm partied out. And I live every day to its fullest, and there is lessons that I've learned.

UNIDENTIFIED CORRESPONDENT: Fleiss wrote a book about her experiences called "Pandering." She's also opening a legal brothel in Nevada. On the personal side, she recently faced off in court against former boyfriend and actor Tom Sizemore, accusing him of abuse. The Hollywood madam turns 40 this year and would like to be remembered for one thing...

FLEISS: That I took the oldest profession on Earth and did it better than anyone on Earth. That's it, and that's all. Alexander the Great conquered the world at 32. I did it at 22.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

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Aired February 28, 2005 - 13:31   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Now in the news, President Bush reportedly leaning closer to a decision to give Iran a carrot instead of a stick. U.S. officials say he may offer incentives if Iran gives up nuclear weapons. Until now, Mr. Bush has been talking about sanctions against Iran.
At this hour in Jacksonville, Florida, the family of a brain- damaged woman, Terri Schiavo, is holding a news conference on the steps of the federal courthouse. Live pictures now. As you know, Schiavo's at center of a long legal battle. Doctors say that she's been in a vegetative state for 15 years. Her husband is trying to stop her feedings. Her parents are fighting to keep her alive in a hospice.

Batman is back, this time with Robin and Captain America, dressed up as superheroes. They're perched on a ledge in London just next to the prime minister's office. What's their problem, you may ask? Well, they want more rights for divorced dads to see their children. Last year, Batman scaled the fence at Buckingham Palace, standing on a ledge for hours before police finally got him down.

MILES O'BRIEN, CNN ANCHOR: More now on the Michael Jackson child-molestation trial under way right now in Santa Maria, California, as district attorney Tom Sneddon lays out the prosecution's case. Here are pictures of Jackson's rival this morning. We'll share with you. That's all we'll see of him until he exits the courtroom a little bit later on.

Still, one TV outlet has found a way around the judge's ban on cameras in the courtroom. E Entertainment Channel plans to begin dramatic re-enactments of the trial tonight. That includes an actor cast in the role of the pop star. Sort of a they cavort, you decide way to keep tabs on the trial, you might say?

Well, in the meantime, we're turning to a couple of trial veterans for their legal take as this case actually, finally begins former federal prosecutor Laurie Levinson and criminal defense lawyer Anthony Brooklier join us both from Los Angeles.

Good to have you both with us.

Let's talk about opening arguments, or opening statements, whatever you want to call them.

Laurie, what's the goal, prosecutor and defense, at this juncture after trial? LAURIE LEVINSON, FMR. FEDERAL PROSECUTOR: The goal is to win actually at this stage of the trial. Win right now. You convince that jury from the very beginning, if you're the prosecutor, that where there is smoke, there is fire, that Michael Jackson is somebody who sleeps with boys, who takes advantage of them, he took advantage of this boy, and then he panicked throughout the process and tried to (INAUDIBLE) the boy, take his family, hide them away, and he did that because he knew he was guilty of the crime. And so then they'll look at all of the evidence as it comes in, the jury will look at it through that prism.

O'BRIEN: You want to set the prism, Anthony. That's an important thing. How does the defense go about trying to refute just that?

ANTOHONY BROOKLIER, CRIMINAL DEFENSE ATTY.: Well, look, opening statements are just that, just opening statements. They're not evidence. The judge has already indicated to the jury that that's all they are. The worst thing a prosecutor, or even a defense attorney, could do is over-promise and then not be able to deliver. It's the evidence that's going to decide this case. They're going to forget all about the opening statement. It's the evidence that should and will decide this case.

O'BRIEN: Well, but do juries forget about that opening statement though? Laurie seems to suggest really everything hinges from it. You can -- we can point out some cases, the Peterson case being one of them, where statements from made in the opening statements which were not supported. The jury didn't forget it, right, Laurie?

LEVINSON: That's right. I mean, I think Tony has a great point, which is you don't over-promise your case. You try to give an outline about what it's all about. Ultimately it is the evidence. The one thing you don't do is promise, I'm going to come up with a witness or piece of evidence that you can't show up with. That they'll remember.

O'BRIEN: All right, Anthony, would you go along with that?

BROOKLIER: Absolutely. That was my point. You know, Sneddon better be able to deliver after making this opening statement, because you can be sure that Mesereau, Tom Mesereau, who's a very experienced and very talented and very thorough trial lawyer, is going to stick it down his throat if he has promised things and then at the end of the case has not been able to deliver. He'll read Sneddon's opening statement, or portions that he wasn't able to prove.

O'BRIEN: Laurie, are you surprised that at this juncture this is coming to the point it is? The fact that this wasn't settled somewhere along the way is surprising to many observers, isn't it?

LEVINSON: Oh, I'm not surprised at all. I don't really think that there was much room for settlement. You know, Tom Sneddon has been after Michael Jackson for over 10 years, since the 1993 allegations. He wasn't going to let Jackson walk away from this, and Jackson himself realizes if he pleads to one of the 10 counts, it's as bad as pleading to all of them. It ruins his career, and frankly, the way they've charged this case, he would have to go to jail, he wouldn't get probation.

O'BRIEN: Yes, but I'm thinking about a settlement even before criminal charges would have been filed. In other words, the fact that this alleged victim has brought forth these criminal charges, when in the past Michael Jackson has paid people to be quiet.

LEVINSON: Well, that's where the change in law came into place. There was a change in law after the 1993 allegations that made it more difficult, almost impossible, for a family to sell the victim out, to accept that multimillion dollar settlement in exchange for the boy not testifying. So in fact, this time they have a victim who's coming forward, because the law didn't allow the family members, if they had chosen to, to sell it out on a civil case.

O'BRIEN: All right, Anthony, from the defense perspective here, is this a winnable case?

BROOKLIER: Well, look, every case is a winnable case. It's all going to come down to what the evidence actually shows, what the evidence actually shows. We can talk, we can speculate, you know, everybody knows something about this case, but you know, hopefully those jurors will focus on the evidence, and only focus on the evidence, and then if they prove the case, they prove the case. If they don't, they don't. That's really what it's all about. This is just like any other trial. This is no different than any other trial.

O'BRIEN: Let's talk about the jury for a moment, Laurie. A lot of comments today, including from Jesse Jackson, about the lack of diversity in this jury. Is this perhaps something that the defense has allowed to occur, perhaps sowing the seeds for an appeal. And if so, that's an odd way to begin a trial, isn't it?

LEVINSON: Well, I don't think it will be much issue on appeal, because the defense never moved for change of venue. I'm not sure the motion would have been granted. But they decided that's where Michael Jackson's home is. He chose to have Neverland in that place. He actually was as a pretty good neighbor. So even if people are not of the same race, they do know Michael Jackson, and I'm not sure that race is a crucial element in this case. He would have preferred a black juror, but I think really what he wants to sell himself as, hey, I'm Michael Jackson, people have been over to my ranch, I'm your neighbor, and I didn't do what's being alleged here.

O'BRIEN: Anthony, go along with that? Is this jury going to be a good jury for Michael Jackson?

BROOKLIER: You know, I don't know. I was telling Laurie before we started here that it seems like that's a very pro-law enforcement, very conservative community. I'd -- I would prefer if I were the defense attorney to have a more diverse jury, but there may not just have been a jury pool that would allow for that. That's where he lives. Like Laurie said, that's where he lives, this is his community. But again, you know, despite the ethnic makeup of the jury, you know, you hope -- and maybe this sounds a little naive, but you hope that they listen to the evidence. This case is about the evidence and about credibility. O'BRIEN: All right. That's what it boils down to, and we'll be watching it. Laurie Levinson, Anthony Brooklier, thank you both for your time. Appreciate it.

BROOKLIER: Pleasure.

LEVINSON: Thank you.

BROOKLIER: Thank you.

O'BRIEN: Dr. Gupta checks in on the pope's condition. Medical news next.

And don't worry, we haven't forgotten the Oscars. That entertainment man, Toure? Just one name, Toure. That's all he's got. He's with us to chat about Hollywood's big night.

And after all the controversy, Chris Rock had his moment with Oscar. What did you think about his performance? E-mail us at livefrom@CNN.com. We'll read a few of them in just a little bit.

Back with more after a break. Stay with Us.

(COMMERCIAL BREAK)

PHILLIPS: The Vatican has issued an optimistic progress report on Pope John Paul II's health as he continues to recover from surgery. The pope appeared from his hospital room yesterday, as you can see here, alert and in relatively good condition. With details on the pope's recovery, here's CNN's senior medical correspondent, Dr. Sanjay Gupta.

(BEGIN VIDEOTAPE)

SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT: It is four days now since the operation that we've been talking so much about -- the pope undergoing a tracheotomy last Thursday. The tracheotomy device actually placed in his wind pipe to try and help his breathing. Now certainly observed over the weekend for several things, to see if he would be eating OK, to see how his breathing was now with the device in place. It appears that he's doing well, but even up out of bed. You can see him waving to the crowds here, as well. All of these good signs.

Still concerns by doctors about a couple of things. One of the most important ones being a question of infection. It does not look like that has developed. The type of infection that people are concerned about the most would be a pneumonia. Also, he has started rehabilitation to try and learn how to breathe and possibly to speak with this device in place.

Let me show you the device once more. Again, this device actually going into the wind pipe. People can speak by actually blocking the device, thus allowing air to go past the neck and through the vocal chords. Sometimes a one-way valve is also placed in these devices. Again, this is probably still several days away. He is still considered in the post-operative period. Things do look good at this point. He is not on antibiotics, as far as we know. He is also obviously not on a breathing machine, either. Again, another update expected Thursday. We'll keep you posted as details come forward.

Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE)

KAGAN: And straight ahead, looks like it was a ratings success. But how do you rate Chris Rock as the host of the Oscars? Your e- mails and the best and the worst of the night coming up next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CHRIS ROCK, COMEDIAN: You can't get a star, wait! You want Tom Cruise and all you can get is Jude Law? Wait! It's not the same thing! OK, who is Jude Law? Why is he in every movie I have seen the last four years? He's in every thing! Even the movies he's not acting in. If you look at the credits, he made cupcakes or something. He's in everything! He's gay, he's straight, he's American, he's British. Next year he's playing Kareem Abdul-Jabbar in the movie.

(END VIDEO CLIP)

O'BRIEN: So what did you think of last night's Oscar host? Rock on or rock off? We're asking you to e-mail us your FCC-friendly thoughts about comedian Chris Rock's performance as an Oscar rookie. I know, the FCC doesn't control us, but we still kind of go by those guidelines. We'll keep reading these throughout the afternoon. Let me share some of these with you.

J.G. in Atlanta has this one for us: "I thought it was a home run for Chris Rock. He took an almost certain coma-inducing three hour program, made it hip, edgy and 21st century entertaining with his quips and bits. If he didn't pick on you, clearly, you are not worth being picked on. Rock on!" Says J.G.

Lisa in Long Island has this: "I thought he was offensive and his so-called humor was mean-spirited and seldom funny. Bring back Billy Crystal." Lisa's in Long Island.

"One word: boring," says Regina in South Carolina.

Marsha has this: "He's been funnier on HBO." Well, we all know that. "I feel this venue is too restrictive for his type of humor." Meaning, bleep factor and all that.

Kathy in Athens says this: "I expected Chris to be much funnier than he was. I think his attack on Jude Law was uncalled for, and I'm glad to see Sean Penn spoke up for him." Which you probably saw a little bit later, Sean clearly having no sense of humor whatsoever.

Joe in Austin, Texas, has this: "Chris said what 55 million other Americans said last November, he just took a different spin on it." There he was talking about that Gap/Banana Republic thing. That was from Joe in Austin, Texas.

Tom has this: "One word: lame. The guy doesn't have the class for an event such as this." Is it a classy event? That's a debatable one.

"Chris Rock," says Carol in Fairfax, California, "insulted good people on a day that the world comes together to honor people. He behaved like an immature adolescent who feels the need to belittle others in order to elevate himself." The world comes together for the Oscars? I feel like singing Kumbaya, Kyra.

O'BRIEN: You singing Kumbaya. I would love to see that one on live television.

Now about the show itself. As the Botox wears off and Hollywood lets out its collective stomach until next year, we want sling a little Oscar rehash about the winners and the losers.

Of course joining us to serve up the dish on substance over all that bling-bling blinding style, Toure joins us from L.A. to call them on the red carpet. So what did you think, I guess, in particular, Chris Rock?

TOURE, CNN POP CULTURE CORRESPONDENT: I loved Rock. I had great fun watching him. His bit about four presenters you can't take your eyes off of, Salma Hayek and Penelope Cruz. That just slayed me. The Banana Republic/Gap bit slayed me, too. You know, they don't even make tank tops! I mean he was not -- people are saying he's mean- spirited. Yes, he's mean-spirited. He's miserable guy. He wants to miserable. That's Chris Rock.

And the thing is, Kyra, he wants to shock. He's not there for Hollywood, to placate them, make them happy. He's there for Iowa and Alabama and perhaps Long Island. So, if he's making them laugh, then the Oscars win. And you know what? Matt Drudge is now reporting that they had the highest overnights since 2000. So that's a victory.

PHILLIPS: There was a lot of hype. Let me ask the about the Magic Johnson theater. You remember the little schtick he did. He interviewed all...

TOURE: I loved that bit.

PHILLIPS: You did love that bit? OK, let's tell our viewers, in case they missed it, OK, let's tell our viewers, he went and interviewed a number of -- right here, black moviegoers and said, kind of made fun of how they didn't know any of the movies. And Tom Shields, Toure, was saying, look, it was unclear if this routine was some sort of commentary or racism or a gratuitous slap at Hollywood, but either option is hardly encouraging.

TOURE: It just reminds us how far removed Hollywood is from the rest of America. It wasn't making fun of the black people. It was making fun of Hollywood. Look, none of these people went to see "Sideways," none of them went to see "Million Dollar Baby," and they're all like, yes, "White Chicks" was fun! I mean, that's the difference.

In New York we have the Angelica (ph) Theater, where all the really artful films play. The Angelica has movies that go for Hollywood, go for the Oscars. Magic Johnson Theater up in Harlem and Compton has the movies that most of America is watching. And the movies that most of America was watching this year were not nominated for big Oscars. "Fahrenheit 9/11" was the -- one of the big films, "Passion of the Christ." So when Hollywood is not nominating the movies America is watching, then what? That's what he was saying in that skit.

PHILLIPS: All right, lesson here, listen up, Scorsese. I know you got something to say about this. I know you've got an opinion.

TOURE: Marty hasn't made a good movie in 10 years. He's not going to get an Oscar until lifetime achievement. He spoke the truth on that one, Kyra.

Now listen, your boy Leo, he was way in over his head as Howard Hughes. He cannot play somebody going crazy. Now, OK...

PHILLIPS: But the best thing about Leo is he is a little crazy, so it's perfect.

TOURE: Here's the thing, OK, in "Catch Me As You Can" I thought he was really great. So I guess you could can say sometimes I love LEO, OK, sometimes. But how did you think about Selma Hayek, Kyra?

PHILLIPS: Well, you're putting me on the spot. You know, I thought she was so beautiful, I didn't care what she said, what she starred in. She is hot, what can I tell you.

TOURE: And what else did you think, Kyra?

PHILLIPS: All right, I'm going to move on to something else here. How about "Million Dollar Baby?" I know you got an opinion about "Million Dollar Baby." Everybody pretty much expected this win.

TOURE: Well, I sure did. I mean, the day after I saw it, I said, the Oscar race is over, this film is definitely going to win, no question about it. And it was more than a movie, it was like an experience. I saw men sniffling behind me and around me in the theater when I saw it. It was just fantastic. Now of course, for me, really, the true film of the year was "The Incredibles," but it was not nominated. So "Million Dollar Baby," fantastic choice.

PHILLIPS: For you "Incredibles," for me the documentary Born Into Brothels." I just had to plug it one more time, all right; I'm a journalist. They did an awesome job. It was great. All right, thank you so much, Toure.

TOURE: Toure.

PHILLIPS: I hate to say this, we have to wrap it up. We're going to take a quick break. We'll be right back.

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UNIDENTIFIED FEMALE: Heidi, do you think you'll give the names of the black book?

UNIDENTIFIED CORRESPONDENT (voice-over): In the 1990s, Heidi Fleiss was one of Hollywood's most notorious characters. The then 20- something daughter of a wealthy pediatrician used her family's connections to attract and service rich and famous clients as the Hollywood madam. Her arrest and trial became headline news. But she never did reveal the contents of her black book, and was sentenced to three years in prison for procuring prostitution and selling cocaine.

When Fleiss was released from prison, she started capitalizing on her notoriety legally. Fleiss has a line of clothing called "Heidi Wear" and owns a West Hollywood Boutique called the Little Shop of Sex. She also invested in her looks, undergoing plastic surgery.

HEIDI FLEISS: I had the party, did the party, threw the party, was the party. I'm partied out. And I live every day to its fullest, and there is lessons that I've learned.

UNIDENTIFIED CORRESPONDENT: Fleiss wrote a book about her experiences called "Pandering." She's also opening a legal brothel in Nevada. On the personal side, she recently faced off in court against former boyfriend and actor Tom Sizemore, accusing him of abuse. The Hollywood madam turns 40 this year and would like to be remembered for one thing...

FLEISS: That I took the oldest profession on Earth and did it better than anyone on Earth. That's it, and that's all. Alexander the Great conquered the world at 32. I did it at 22.

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