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CNN Live Today

Lawyers Argue for Scott Peterson's Life; Abu Ghraib Accused in Court Today

Aired December 06, 2004 - 11:30   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.


RICK SANCHEZ, CNN ANCHOR: President Bush met the interim president of Iraq and king of Jordan at the White House this morning. The president insisted that elections in Iraq will go ahead as scheduled in late January.
9/11 family members are urging Congress to compromise on an intelligence reform bill. The house reconvenes in a few hours and may take up the stalled bill. Sticking points include the Pentagon power to control satellite intelligence.

DARYN KAGAN, CNN ANCHOR: Scott Peterson is being described as a charitable citizen and a devoted friend. That is how Peterson's lawyers hope jurors will see their convicted client. They're hoping for life in prison as the sentence instead of the death penalty. For more on today's proceedings, we turn to CNN's Rusty Dornin at the courthouse. Good morning, Rusty.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Daryn, if the proceedings are anything this week like they were last week, we're going to hear those recurring themes again. Scott Peterson was a great guy, his life is worth saving and also, the death penalty would have a horrific impact on his family. Now, for many it was an emotional week in the courtroom last week. We can expect the same thing, perhaps, this week.

(BEGIN VIDEOTAPE)

DORNIN (voice-over): The sentencing phase began with a week-long burst of emotion, the most heart-wrenching moments when Laci Peterson's mother Sharon Rocha described her anguish during the past two years since her daughter's disappearance. At times, Rocha shrieked at the defendant, Scott Peterson. "Divorce was always an option," she yelled at one point, "Not murder." Other moments she simply sobbed about her own excruciating pain. Rocha said, "Every day I wake up and cry."

For the defense, attorney Pat Harris, trying to avoid a death penalty verdict against Peterson, told the jury over and over again, "This is a life worth saving." The defense then paraded a string of witnesses hoping to prove that point.

UNIDENTIFIED MALE: It boils down to do you want to let this guy live, even in prison for the rest of his life? And that boils down to Scott's friends and family begging the jury to keep him alive.

DORNIN: His father, Lee, described a loving son. Scott's sister-in-law Janie broke down on the stand while relating her fondest memories of Scott. The jury was not moved to tears, but a few smiled as his brother shared amusing childhood tales. His high school friend called the defendant a role model.

All 14 witnesses tried to humanize Peterson. They claimed he was a positive influence on everyone he met and believed he could be a good influence if sentenced to life in prison. If sentenced to death, they said, it would be devastating for his family. Despite the fact the jury is legally not supposed to consider the impact.

UNIDENTIFIED MALE: It doesn't unring the bell and clearly human beings, when making such an enormous decision, will be touched by the emotion of the Peterson family and what this will do to the Peterson family.

(END VIDEOTAPE)

DORNIN (on-camera): We still have 20 witnesses to go. Included will be former coaches, former teachers, even the former restaurant owner where Scott Peterson worked and also where he had his first date with Laci Peterson. He will also be on the stand. The judge telling the jury they probably won't begin debilitating until late Wednesday or maybe even Thursday -- Daryn.

KAGAN: Rusty Dornin from Redwood City. Thank you.

SANCHEZ: Meanwhile, opening statements are scheduled to begin next hour in the Robert Blake murder trial. Blake is accused of killing his wife Bonny Lee Bakely back in May of 2001. He says he's innocent. It's possible. The start of the trial may be delayed because a burglary last week at the office of Blake's attorney.

And today in the Michael Jackson child molestation case, an important deadline. Both sides need to turn over their final witness list for the January 31st trial. Now, over the weekend, authorities took a DNA sample from the singer and they also searched, again, his Neverland ranch property.

KAGAN: So what this might mean to the case against the pop star -- for some review, let's turn to former U.S. attorney Kendall Coffey, live in Miami.

Kendall, good morning.

KENDALL COFFEY, FORMER U.S. ATTORNEY: Hey, good morning, Daryn.

KAGAN: First to Michael Jackson. Why DNA now and why yet another search?

COFFEY: Well, 11th hour, coming like this -- let's face it, he could have been DNA-ed when he was arrested and booked. Suggests that there is something may be new in the case and maybe, Daryn. They've been on sort of this all-out child hunt looking for other alleged child victims. It may be that they've got something and they want to do a DNA match on some kind of clothes or other articles. Too early to tell. Everything's under seal right now. KAGAN: The only trial that looks like it's looks like it's taking longer to get under way is Robert Blake. It's been three years since Bonny Lee Bakely was killed. Finally, it looks like this one is a go.

COFFEY: It looks like it's a go. Could be a brief delay. And in many ways, this is a stronger case for prosecution, Daryn, than the other high-profile alleged wife killer case that was just decided as a guilty in the case of Scott Peterson. But unlike Scott Peterson, Blake is not drowning himself in a web of lies and deceit. He may be able to take the stand in his own defense and frankly, Daryn, he may have to.

KAGAN: Do you expect he will?

COFFEY: Well, he's been dying. Remember all that controversy over wanting to go on TV to tell his -- proclaim his innocence to the world. I think he's going to want to take the stand. It's going be a defense call at the very end. But this might be a case where you see the defendant actually get on the witness stand at the end.

KAGAN: And finally to Scott Peterson. It looks like the defense is almost trying to sell the Peterson family to the jury rather than Scott Peterson. But it's not the Peterson family that was convicted of murder.

COFFEY: Well, in all these nice guy testimonials -- are very hard to assess. Example, he rescued a little baby bunny rabbit out of the pool. But what about the cold waters of San Francisco Bay, where he dumped his wife and unborn son? I think the key is going to be Jackie Peterson, Scott Peterson's own mother. She is the only one whose grief-stricken anguish could begin to negate the absolute tears and tragedy that was conveyed by the mother of Laci Peterson.

KAGAN: Right there you see attorney Mark Geragos next to Scott Peterson. But there's been a kind of a change in tactic in this defense.

COFFEY: Well, let's face it. Geragos made some very big promises at opening and to some extent, his credibility is really damaged. So obviously, they need a different quarterback for the second half.

KAGAN: And then finally, even if Scott Peterson is given the death penalty, in California that's almost like life in prison.

COFFEY: Daryn, a lot of these cases are taking 20 years. A few weeks ago, the U.S. Supreme Court heard a case of a California death row inmate who was sentenced to death in 1982. So whatever happens in this sentencing phase, it will be a long time before closure becomes a finality.

KAGAN: Yes, and on the other hand, Scott Peterson is a young man. He's going to be sitting in a jail cell for a long time, no matter what the outcome of this phase. Kendall, thank you for your time. COFFEY: Hey, thank you, Daryn.

SANCHEZ: Here's another interesting story. It's the scandal that's rocking the foundations of America's favorite pastime. No doubt, Americans have been talking about this one. Major League Baseball Players Union begins its annual meeting in Phoenix today, amid recent claims and confessions, more importantly, of steroid use in the league from slugger Barry Bonds and from Jason Giambi of the Yankees. Both have been implicated, both have made admissions.

Now Senator McCain says he'll use Congress to call for stricter drug testing unless the players and the owners act first on their own. McCain also spoke about how the scandal affects those who look up to these players.

(BEGIN VIDEO CLIP)

SEN. JOHN MCCAIN (R), ARIZONA: The fact is, that it's a growing belief on the part of high school athletes that the only way they can make it in the big leagues is to take -- ingest these performance- enhancing drugs into their bodies, which is incredibly damaging.

(END VIDEO CLIP)

SANCHEZ: John McCain getting into the argument now. The military makes a decision about what to do with five soldiers who refused the conduct of a supply mission.

Also, the man accused of being a ringmaster in the Abu Ghraib prison scandal is heading to court. Why his lawyer says statements from the president will prevent his client from getting a fair trial. We'll be back.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back to CNN LIVE TODAY. An update on the story of the group of U.S. soldiers who recently refused to go on a supply mission in Iraq they considered too dangerous. The military says five of them will not be court-martialed. They will be given nonjudicial punishment instead. Those five have been accused of failing to obey orders of a superior. As many as 19 have been under investigation for refusing to make a supply run in the southern Iraq area in early October. The military says it hopes to resolve all the cases in just the next couple of days.

KAGAN: One of the accused ringleaders of the Iraqi prison abuse scandal is in military court today. He wants his case dismissed because of a remark by President Bush. Here now, our national correspondent Susan Candiotti from Fort Hood, Texas.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over) Specialist Charles Graner is the man behind most of the photos of the Abu Ghraib abuse scandal. It was his camera and he was its star. Here, grinning behind a human pyramid of naked Iraqi detainees. His lawyer contends Graner can't get a fair trial after President Bush had this to say about the photos.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: People in Iraq must understand that I view those practices as abhorrent.

GUY WOMACK, GRANER'S ATTORNEY: Unfortunately, the president is also the commander-in-chief of all U.S. armed forces. And his comments, if they take a side, like the comments did here in most of the quotes, it may have the potential of tainting a jury.

CANDIOTTI: Graner's defense, just following orders at Abu Ghraib. His lawyer says other photos prove it. That's Graner on the left, standing over stripped Iraqis alongside military intelligence said to have approved the tactics. The lawyer says the military has been reluctant to charge higher ups because the abuse was so widespread.

WOMACK: There were dozens or hundreds of personnel involved in this in this event and similar events in Iraq, Guantanamo Bay, Cuba, and Afghanistan.

CANDIOTTI: Graner was returned to Fort Hood, Texas a week ago to await his court-martial.

WOMACK: He's not allowed to leave the base the army says for his own protection. It's ironic. He was held in Iraq for 19 months. He was fine. They're afraid he can't travel freely around Texas.

CANDIOTTI: Four other Abu Ghraib defendants have pleaded guilty. His lawyer says Graner won't. The trial is scheduled to begin next month. If convicted, Graner could be looking at up to 24 years in prison. Susan Candiotti, CNN, Fort Hood, Texas.

(END VIDEOTAPE)

SANCHEZ: A check of the financial markets is next.

KAGAN: Plus, why the world could one day be facing a crisis when it comes to fighting the flu. How worried should you really be?

(COMMERCIAL BREAK)

SANCHEZ: And welcome back. Recently the World Health Organization warned that a possible flu pandemic would be facing the world. It predicted between 2 million and 7 million people could die and billions could fall ill. Let's turn now to our CNN medical correspondent Elizabeth Cohen to talk about this. This sounds drastic when you hear the numbers.

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: It does sound drastic. That's from the World Health Organization. The WHO says it's not a matter of if but when. They say a pandemic is coming. Tommy Thompson had this to say on Friday.

(BEGIN VIDEO CLIP)

TOMMY THOMPSON, SECRETARY OF HEALTH & HUMAN SERVICES: I put in the budget for $125 million for more work on pandemic flu. I really consider, this is a really huge bomb out there that could adversely impact on the health care of the world.

COHEN: Now, the concern is pandemics occur about once every 20 to 30 years. Flu experts say it's time. Take a look at this list. 1918-1919, the Spanish flu. 500,000 Americans were killed, 50 million people it's believed were killed worldwide. 1957-1958, the Asian flu, 70,000 Americans were killed. 1968-1969 the Hong Kong flu where 34,000 Americans were killed. Now of particular concern this year or in this era is the Avian flu. That came out of Asia. There are dozens of different strains. There have been 40 human cases so far. And only one suspected case of human-to-human transmission. That's really key here. If it's animal-to-human transmission, it's much less of a worry. Once you get large-scale human-to-human transmission that could be where the pandemic would happen.

SANCHEZ: What could we do to protect ourselves for something like this, what could be done?

COHEN: Well, what flu experts say is we really have to get our vaccination system in much better order. This year, for example, half of the flu shots all of a sudden became unusable very close to the flu season because of manufacturing problems. And experts say that can happen again. This has been a relatively tame flu season. What if that had happened in a bad year?

Also, Americans need to get more used to the idea of being vaccinated. Even when there are plenty of shots, most people -- or a vast majority of the people who could get vaccinated don't. So even when the flu shots are out there, people do not tend to use them.

SANCHEZ: By the way, are all the top scientists, the big minds in this thing saying this or are there some on the outer edge of this argument?

COHEN: There are some who are saying yes, a pandemic could be on the way, but they don't think it will be along the same scale as those pandemics that we talked about before. And they say, look, over the years, when you look at those earlier pandemics, they got smaller and smaller because health care got better. And now we have anti-virals which we haven't had in the past. And those anti-virals are given to people when they have the flu. And it can really help people recover from the flu more easily.

Whereas before, in the previous pandemics, there really wasn't much that they could do for people. Let's talk about these anti- virals, they're by prescription only. And they have to be taken within the first two days of feeling symptoms. And these are especially important for high-risk people. If you're not high-risk, if you have the flu, you might get sick, you might not feel very well for several weeks, but if you're high-risk and you don't take an anti- viral, the flu can kill you.

SANCHEZ: Well, thanks for being so illustrative this morning.

COHEN: Thank you. SANCHEZ: Explaining it so well. To gel your "Daily Dose" of health news, you can logon to our Web site, and you'll find the very latest medical news, a health library, information on diet and fitness, the address, you ready? Cnn.com/health -- Daryn.

(STOCK MARKET REPORT)

KAGAN: A check of the nation's weather forecast coming up next. Plus, a nativity scene that could satisfy your sweet tooth at the same time.

(COMMERCIAL BREAK)

SANCHEZ: The whole world seems to be getting into the holiday spirit these days.

KAGAN: And this morning's wrap begins in Yokohama, Japan. A couple of caroling -- oh, look at them. They're so cute. They are penguins that are headliners at aquarium Christmas show, lip-syncing, by the way, we want to be clear about this, (UNINTELLIGIBLE) and strutting the runway. The choir robe, the birds are way too cool. Under water, one of Santa's helpers delivers frozen fish holiday treats to six eager dolphins and a host of tropical fish.

SANCHEZ: One visitor said...

KAGAN: It feels like Christmas now.

SANCHEZ: Nice set up.

KAGAN: Thank you.

SANCHEZ: Meanwhile, in Germany, hundreds of singing, jingling Santas and angels gather in Berlin practicing for their Christmas Eve rounds. Each one is a student, each one for rent by the way and each will visit between 10 and 12 families December 24th, the day that the Germans celebrate the Christmas holiday.

KAGAN: And to Naples, Italy, famous for hand-carved nativities, a sweet tribute to the city's Christmas tradition. This manger scene made entirely of sculpted chocolate. Thirty pastry chefs shaped some 7,000 pounds of chocolate into an elaborate scenery and detailed statues. There's some thought the whole thing will be put in town square to tempt nibblers.

SANCHEZ: Kids.

KAGAN: I hope it's chilly this time of year because then the whole thing, you know...

SANCHEZ: Yes, will melt. And then you'll have hot chocolate instead.

KAGAN: There you go.

SANCHEZ: Really good stuff, though, right? Well, let's find out what's going on, one last check of the weather.

(WEATHER REPORT)

SANCHEZ: And it's time to toss things over now to Wolf Blitzer. Wolf, as you know, we've all been concentrating on security in our nation, you have put together something in your show regarding security.

WOLF BLITZER, CNN ANCHOR: We'll be looking at it not only this hour, 5 p.m. Eastern on "WOLF BLITZER REPORTS," throughout the day, a special look at homeland security here on CNN. Here on CNN we're watching lots of developments. Thanks to our viewers very much for joining us. Here's the "NEWS FROM CNN."

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 December 6, 2004 - 11:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RICK SANCHEZ, CNN ANCHOR: President Bush met the interim president of Iraq and king of Jordan at the White House this morning. The president insisted that elections in Iraq will go ahead as scheduled in late January.
9/11 family members are urging Congress to compromise on an intelligence reform bill. The house reconvenes in a few hours and may take up the stalled bill. Sticking points include the Pentagon power to control satellite intelligence.

DARYN KAGAN, CNN ANCHOR: Scott Peterson is being described as a charitable citizen and a devoted friend. That is how Peterson's lawyers hope jurors will see their convicted client. They're hoping for life in prison as the sentence instead of the death penalty. For more on today's proceedings, we turn to CNN's Rusty Dornin at the courthouse. Good morning, Rusty.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Daryn, if the proceedings are anything this week like they were last week, we're going to hear those recurring themes again. Scott Peterson was a great guy, his life is worth saving and also, the death penalty would have a horrific impact on his family. Now, for many it was an emotional week in the courtroom last week. We can expect the same thing, perhaps, this week.

(BEGIN VIDEOTAPE)

DORNIN (voice-over): The sentencing phase began with a week-long burst of emotion, the most heart-wrenching moments when Laci Peterson's mother Sharon Rocha described her anguish during the past two years since her daughter's disappearance. At times, Rocha shrieked at the defendant, Scott Peterson. "Divorce was always an option," she yelled at one point, "Not murder." Other moments she simply sobbed about her own excruciating pain. Rocha said, "Every day I wake up and cry."

For the defense, attorney Pat Harris, trying to avoid a death penalty verdict against Peterson, told the jury over and over again, "This is a life worth saving." The defense then paraded a string of witnesses hoping to prove that point.

UNIDENTIFIED MALE: It boils down to do you want to let this guy live, even in prison for the rest of his life? And that boils down to Scott's friends and family begging the jury to keep him alive.

DORNIN: His father, Lee, described a loving son. Scott's sister-in-law Janie broke down on the stand while relating her fondest memories of Scott. The jury was not moved to tears, but a few smiled as his brother shared amusing childhood tales. His high school friend called the defendant a role model.

All 14 witnesses tried to humanize Peterson. They claimed he was a positive influence on everyone he met and believed he could be a good influence if sentenced to life in prison. If sentenced to death, they said, it would be devastating for his family. Despite the fact the jury is legally not supposed to consider the impact.

UNIDENTIFIED MALE: It doesn't unring the bell and clearly human beings, when making such an enormous decision, will be touched by the emotion of the Peterson family and what this will do to the Peterson family.

(END VIDEOTAPE)

DORNIN (on-camera): We still have 20 witnesses to go. Included will be former coaches, former teachers, even the former restaurant owner where Scott Peterson worked and also where he had his first date with Laci Peterson. He will also be on the stand. The judge telling the jury they probably won't begin debilitating until late Wednesday or maybe even Thursday -- Daryn.

KAGAN: Rusty Dornin from Redwood City. Thank you.

SANCHEZ: Meanwhile, opening statements are scheduled to begin next hour in the Robert Blake murder trial. Blake is accused of killing his wife Bonny Lee Bakely back in May of 2001. He says he's innocent. It's possible. The start of the trial may be delayed because a burglary last week at the office of Blake's attorney.

And today in the Michael Jackson child molestation case, an important deadline. Both sides need to turn over their final witness list for the January 31st trial. Now, over the weekend, authorities took a DNA sample from the singer and they also searched, again, his Neverland ranch property.

KAGAN: So what this might mean to the case against the pop star -- for some review, let's turn to former U.S. attorney Kendall Coffey, live in Miami.

Kendall, good morning.

KENDALL COFFEY, FORMER U.S. ATTORNEY: Hey, good morning, Daryn.

KAGAN: First to Michael Jackson. Why DNA now and why yet another search?

COFFEY: Well, 11th hour, coming like this -- let's face it, he could have been DNA-ed when he was arrested and booked. Suggests that there is something may be new in the case and maybe, Daryn. They've been on sort of this all-out child hunt looking for other alleged child victims. It may be that they've got something and they want to do a DNA match on some kind of clothes or other articles. Too early to tell. Everything's under seal right now. KAGAN: The only trial that looks like it's looks like it's taking longer to get under way is Robert Blake. It's been three years since Bonny Lee Bakely was killed. Finally, it looks like this one is a go.

COFFEY: It looks like it's a go. Could be a brief delay. And in many ways, this is a stronger case for prosecution, Daryn, than the other high-profile alleged wife killer case that was just decided as a guilty in the case of Scott Peterson. But unlike Scott Peterson, Blake is not drowning himself in a web of lies and deceit. He may be able to take the stand in his own defense and frankly, Daryn, he may have to.

KAGAN: Do you expect he will?

COFFEY: Well, he's been dying. Remember all that controversy over wanting to go on TV to tell his -- proclaim his innocence to the world. I think he's going to want to take the stand. It's going be a defense call at the very end. But this might be a case where you see the defendant actually get on the witness stand at the end.

KAGAN: And finally to Scott Peterson. It looks like the defense is almost trying to sell the Peterson family to the jury rather than Scott Peterson. But it's not the Peterson family that was convicted of murder.

COFFEY: Well, in all these nice guy testimonials -- are very hard to assess. Example, he rescued a little baby bunny rabbit out of the pool. But what about the cold waters of San Francisco Bay, where he dumped his wife and unborn son? I think the key is going to be Jackie Peterson, Scott Peterson's own mother. She is the only one whose grief-stricken anguish could begin to negate the absolute tears and tragedy that was conveyed by the mother of Laci Peterson.

KAGAN: Right there you see attorney Mark Geragos next to Scott Peterson. But there's been a kind of a change in tactic in this defense.

COFFEY: Well, let's face it. Geragos made some very big promises at opening and to some extent, his credibility is really damaged. So obviously, they need a different quarterback for the second half.

KAGAN: And then finally, even if Scott Peterson is given the death penalty, in California that's almost like life in prison.

COFFEY: Daryn, a lot of these cases are taking 20 years. A few weeks ago, the U.S. Supreme Court heard a case of a California death row inmate who was sentenced to death in 1982. So whatever happens in this sentencing phase, it will be a long time before closure becomes a finality.

KAGAN: Yes, and on the other hand, Scott Peterson is a young man. He's going to be sitting in a jail cell for a long time, no matter what the outcome of this phase. Kendall, thank you for your time. COFFEY: Hey, thank you, Daryn.

SANCHEZ: Here's another interesting story. It's the scandal that's rocking the foundations of America's favorite pastime. No doubt, Americans have been talking about this one. Major League Baseball Players Union begins its annual meeting in Phoenix today, amid recent claims and confessions, more importantly, of steroid use in the league from slugger Barry Bonds and from Jason Giambi of the Yankees. Both have been implicated, both have made admissions.

Now Senator McCain says he'll use Congress to call for stricter drug testing unless the players and the owners act first on their own. McCain also spoke about how the scandal affects those who look up to these players.

(BEGIN VIDEO CLIP)

SEN. JOHN MCCAIN (R), ARIZONA: The fact is, that it's a growing belief on the part of high school athletes that the only way they can make it in the big leagues is to take -- ingest these performance- enhancing drugs into their bodies, which is incredibly damaging.

(END VIDEO CLIP)

SANCHEZ: John McCain getting into the argument now. The military makes a decision about what to do with five soldiers who refused the conduct of a supply mission.

Also, the man accused of being a ringmaster in the Abu Ghraib prison scandal is heading to court. Why his lawyer says statements from the president will prevent his client from getting a fair trial. We'll be back.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back to CNN LIVE TODAY. An update on the story of the group of U.S. soldiers who recently refused to go on a supply mission in Iraq they considered too dangerous. The military says five of them will not be court-martialed. They will be given nonjudicial punishment instead. Those five have been accused of failing to obey orders of a superior. As many as 19 have been under investigation for refusing to make a supply run in the southern Iraq area in early October. The military says it hopes to resolve all the cases in just the next couple of days.

KAGAN: One of the accused ringleaders of the Iraqi prison abuse scandal is in military court today. He wants his case dismissed because of a remark by President Bush. Here now, our national correspondent Susan Candiotti from Fort Hood, Texas.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over) Specialist Charles Graner is the man behind most of the photos of the Abu Ghraib abuse scandal. It was his camera and he was its star. Here, grinning behind a human pyramid of naked Iraqi detainees. His lawyer contends Graner can't get a fair trial after President Bush had this to say about the photos.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: People in Iraq must understand that I view those practices as abhorrent.

GUY WOMACK, GRANER'S ATTORNEY: Unfortunately, the president is also the commander-in-chief of all U.S. armed forces. And his comments, if they take a side, like the comments did here in most of the quotes, it may have the potential of tainting a jury.

CANDIOTTI: Graner's defense, just following orders at Abu Ghraib. His lawyer says other photos prove it. That's Graner on the left, standing over stripped Iraqis alongside military intelligence said to have approved the tactics. The lawyer says the military has been reluctant to charge higher ups because the abuse was so widespread.

WOMACK: There were dozens or hundreds of personnel involved in this in this event and similar events in Iraq, Guantanamo Bay, Cuba, and Afghanistan.

CANDIOTTI: Graner was returned to Fort Hood, Texas a week ago to await his court-martial.

WOMACK: He's not allowed to leave the base the army says for his own protection. It's ironic. He was held in Iraq for 19 months. He was fine. They're afraid he can't travel freely around Texas.

CANDIOTTI: Four other Abu Ghraib defendants have pleaded guilty. His lawyer says Graner won't. The trial is scheduled to begin next month. If convicted, Graner could be looking at up to 24 years in prison. Susan Candiotti, CNN, Fort Hood, Texas.

(END VIDEOTAPE)

SANCHEZ: A check of the financial markets is next.

KAGAN: Plus, why the world could one day be facing a crisis when it comes to fighting the flu. How worried should you really be?

(COMMERCIAL BREAK)

SANCHEZ: And welcome back. Recently the World Health Organization warned that a possible flu pandemic would be facing the world. It predicted between 2 million and 7 million people could die and billions could fall ill. Let's turn now to our CNN medical correspondent Elizabeth Cohen to talk about this. This sounds drastic when you hear the numbers.

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: It does sound drastic. That's from the World Health Organization. The WHO says it's not a matter of if but when. They say a pandemic is coming. Tommy Thompson had this to say on Friday.

(BEGIN VIDEO CLIP)

TOMMY THOMPSON, SECRETARY OF HEALTH & HUMAN SERVICES: I put in the budget for $125 million for more work on pandemic flu. I really consider, this is a really huge bomb out there that could adversely impact on the health care of the world.

COHEN: Now, the concern is pandemics occur about once every 20 to 30 years. Flu experts say it's time. Take a look at this list. 1918-1919, the Spanish flu. 500,000 Americans were killed, 50 million people it's believed were killed worldwide. 1957-1958, the Asian flu, 70,000 Americans were killed. 1968-1969 the Hong Kong flu where 34,000 Americans were killed. Now of particular concern this year or in this era is the Avian flu. That came out of Asia. There are dozens of different strains. There have been 40 human cases so far. And only one suspected case of human-to-human transmission. That's really key here. If it's animal-to-human transmission, it's much less of a worry. Once you get large-scale human-to-human transmission that could be where the pandemic would happen.

SANCHEZ: What could we do to protect ourselves for something like this, what could be done?

COHEN: Well, what flu experts say is we really have to get our vaccination system in much better order. This year, for example, half of the flu shots all of a sudden became unusable very close to the flu season because of manufacturing problems. And experts say that can happen again. This has been a relatively tame flu season. What if that had happened in a bad year?

Also, Americans need to get more used to the idea of being vaccinated. Even when there are plenty of shots, most people -- or a vast majority of the people who could get vaccinated don't. So even when the flu shots are out there, people do not tend to use them.

SANCHEZ: By the way, are all the top scientists, the big minds in this thing saying this or are there some on the outer edge of this argument?

COHEN: There are some who are saying yes, a pandemic could be on the way, but they don't think it will be along the same scale as those pandemics that we talked about before. And they say, look, over the years, when you look at those earlier pandemics, they got smaller and smaller because health care got better. And now we have anti-virals which we haven't had in the past. And those anti-virals are given to people when they have the flu. And it can really help people recover from the flu more easily.

Whereas before, in the previous pandemics, there really wasn't much that they could do for people. Let's talk about these anti- virals, they're by prescription only. And they have to be taken within the first two days of feeling symptoms. And these are especially important for high-risk people. If you're not high-risk, if you have the flu, you might get sick, you might not feel very well for several weeks, but if you're high-risk and you don't take an anti- viral, the flu can kill you.

SANCHEZ: Well, thanks for being so illustrative this morning.

COHEN: Thank you. SANCHEZ: Explaining it so well. To gel your "Daily Dose" of health news, you can logon to our Web site, and you'll find the very latest medical news, a health library, information on diet and fitness, the address, you ready? Cnn.com/health -- Daryn.

(STOCK MARKET REPORT)

KAGAN: A check of the nation's weather forecast coming up next. Plus, a nativity scene that could satisfy your sweet tooth at the same time.

(COMMERCIAL BREAK)

SANCHEZ: The whole world seems to be getting into the holiday spirit these days.

KAGAN: And this morning's wrap begins in Yokohama, Japan. A couple of caroling -- oh, look at them. They're so cute. They are penguins that are headliners at aquarium Christmas show, lip-syncing, by the way, we want to be clear about this, (UNINTELLIGIBLE) and strutting the runway. The choir robe, the birds are way too cool. Under water, one of Santa's helpers delivers frozen fish holiday treats to six eager dolphins and a host of tropical fish.

SANCHEZ: One visitor said...

KAGAN: It feels like Christmas now.

SANCHEZ: Nice set up.

KAGAN: Thank you.

SANCHEZ: Meanwhile, in Germany, hundreds of singing, jingling Santas and angels gather in Berlin practicing for their Christmas Eve rounds. Each one is a student, each one for rent by the way and each will visit between 10 and 12 families December 24th, the day that the Germans celebrate the Christmas holiday.

KAGAN: And to Naples, Italy, famous for hand-carved nativities, a sweet tribute to the city's Christmas tradition. This manger scene made entirely of sculpted chocolate. Thirty pastry chefs shaped some 7,000 pounds of chocolate into an elaborate scenery and detailed statues. There's some thought the whole thing will be put in town square to tempt nibblers.

SANCHEZ: Kids.

KAGAN: I hope it's chilly this time of year because then the whole thing, you know...

SANCHEZ: Yes, will melt. And then you'll have hot chocolate instead.

KAGAN: There you go.

SANCHEZ: Really good stuff, though, right? Well, let's find out what's going on, one last check of the weather.

(WEATHER REPORT)

SANCHEZ: And it's time to toss things over now to Wolf Blitzer. Wolf, as you know, we've all been concentrating on security in our nation, you have put together something in your show regarding security.

WOLF BLITZER, CNN ANCHOR: We'll be looking at it not only this hour, 5 p.m. Eastern on "WOLF BLITZER REPORTS," throughout the day, a special look at homeland security here on CNN. Here on CNN we're watching lots of developments. Thanks to our viewers very much for joining us. Here's the "NEWS FROM CNN."

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