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CNN Live Today
Conviction Overturned for Murdering Mom; Aid Slow to Get to Parts of Sri Lanka; State Department Working to Find Missing Americans; Alberto Gonzales Grilled Over Torture Memos
Aired January 06, 2005 - 11:00 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.
RICK SANCHEZ, CO-HOST: A chemical leak from a train collision has shut down schools and businesses in Aiken County, South Carolina. There are unconfirmed reports of fatalities from this collision. A ruptured train car spilled what is to be believed to be chlorine. Residents in the area are being told to stay inside and turn off all their ventilation systems.
Also, pledges of aid for tsunami victims are now totaling more than $3.5 billion. So today U.N. Secretary-General Kofi Annan urged countries to come through with the cash that they have promised. He described the relief effort as a race against time. A report from the region is just ahead.
Iraq's interim prime minister today extended a state of emergency for another 30 days. The move follows a wave of deadly attacks in recent days. The state of emergency applies to all regions of the country except the Kurdish area to the north.
Here we go for you once again, 11 a.m. on the East Coast, 8 a.m. out West. From the CNN Center in Atlanta, I'm Rick Sanchez.
DARYN KAGAN, CO-HOST: And I'm Daryn Kagan. Good morning once again.
We're going to begin this hour with an unexpected turn of events in the Yates case. We want to go to correspondent Ed Lavandera in Dallas with more on the orders for a new trial.
Ed, good morning.
ED LAVANDERA, CNN CORRESPONDENT: Well, this is a major, major victory for Andrea Yates and all those around her who have been trying to support her and trying to push her cause forward in the last almost three years since she has been convicted.
Andrea Yates has been in a psychiatric prison, where she's been doing gardening work and that sort of thing, also going in and out of major depression and major psychosis, as her attorneys and her husband have explained to us over the last couple of years.
But an appellate court in Texas today reversing her conviction, which means what happens next is still very unclear at this point. Because prosecutors that we spoke with a short time ago said they have not decided whether or not they will bring Andrea Yates to trial again for the murders of her five children. And as we mentioned, her attorneys and her husband, who has filed for divorce since the conviction, have been working tirelessly. And the doctors who have supported her have been working tirelessly to get the word out that Andrea Yates and her conviction was wrong.
But the specific issue that forced the -- convinced the judges in this case to overturn the conviction was the testimony of the prosecution's expert witness, a man named Park Dietz, who testified that Andrea Yates knew exactly what she was doing when she murdered and drowned her five children.
But they point to false testimony. Specifically, Dr. Park Dietz under cross-examination in that trial had mentioned that Andrea Yates had seen an episode of the NBC TV show "Law & Order," saying that she had seen an episode of a woman who had drowned her children, claimed that it was -- and was found not guilty by reason of insanity and that that might have had some influence.
The problem was that that show never existed. So the prosecution -- or the defense attorneys for Andrea Yates saying that this was false testimony, that it unduly influenced the jury in this case.
The three-judge panel agreeing with the defense in this case.
Now the prosecution says they have a variety of options that they can use at this point to either appeal this appeal, but they haven't decided whether they're going to meet this afternoon or in the coming days to decide what to do next. But it's still very much up in the air.
And the main point, they haven't decided whether or not to bring -- bring Andrea Yates back to trial. But in the meantime, a major victory for Andrea Yates, her attorneys and all those people who have been supporting her for the last three years -- Daryn.
KAGAN: So it centers around the testimony of Dr. Dietz. Does Dr. Dietz at this point face any kind of legal troubles? Because he basically lied on the stand, said that he consulted on an episode that never even existed.
LAVANDERA: We haven't heard anything like that at this point. But the prosecutors -- the prosecutors have also been telling us that this wasn't anything that they had planned to do. It wasn't anything that was done maliciously. In fact, that's why they point out that it was brought up during cross-examination. They didn't think it was done on purpose, or it wasn't part of a grand strategy on their part to do something like this.
And they also don't necessarily agree, it seems like, pretty much, that it had that much influence on the jury. So what might happen with Park Dietz is very hard to say at this point. But there are a lot of people who are very upset with him at this point.
KAGAN: Understandably. Ed Lavandera, in Dallas, thank you.
SANCHEZ: Once again, we need to bring you up to date on the massive relief effort in South Asia.
Twelve days after the tsunami disaster, Secretary of State Colin Powell says the U.N. is going to take over coordination efforts from a coalition formed by the United States. Mr. Powell made the announcement at an emergency summit in Jakarta, Indonesia.
Now, the U.S. Navy hospital ship Mercy is headed to South Asia to help tsunami victims. The massive ship is expected to arrive in about 30 days, because all the hospitals there have been leveled.
And the FBI says don't be scammed when giving to tsunami relief charities. The agency has issued a fraud alert, warning of phony web site and also spam e-mails.
KAGAN: CNN's comprehensive coverage of the tsunami disaster and the relief effort continues to expand as the story unfolds. We now have 19 correspondents providing reports from the region.
World leaders are vowing to work together to help tsunami- shattered countries on the long road to recovery. Sri Lanka was among the countries hit hardest by the disaster.
Our chief international correspondent, Christiane Amanpour, is in Beruwala, Sri Lanka, with an update -- Christiane.
CHRISTIANE AMANPOUR, CNN CORRESPONDENT: Well, Daryn, yes, here on the east coast, on the west coast, in fact, they did have one of the worst single disasters, but some of the worst hit areas and those in desperate need of relief are on the other side, the east coast, which was taking the full brunt of that tsunami. It was the first hit here in Sri Lanka.
Now a lot of aid is coming in, according to Sri Lankan officials, but it hasn't all reached the affected areas and the areas most in need. We haven't seen a huge amount of aid being delivered, for instance, right here at this particular location. But further south in Galle and beyond Galle, it is being delivered in terms of tents and food and other kinds of supplies.
On the east, though, the relief effort is very, very slow going. That, the hardest hit coast, is being hampered now by heavy rains, by bad weather. And it is, on many parts of the coast, fairly remote and inaccessible. And that is having a hard time getting the kind of aid that it needs to keep these people who have lost everything in some kind of basic subsistence and existence there, Daryn.
KAGAN: And let's kind of break down the type of aid here. We're hearing about fresh water and food and shelter, but what about medical aid? Which is really in the most dire need in that part of the world?
AMANPOUR: Well, all the officials and the -- from the U.N. chief on down, including all the relief officials in the various countries, are saying that the threat of illness is now the biggest threat. That those who have actually survived the tsunami could see double the number of dead because of illness. And they're talking about cholera and diarrhea-related illnesses. And of course, here in Sri Lanka, we've heard reports from U.N. officials and others who are working here that in some of the refugee camps where the sanitation is simply not up to it. I mean, refugee camps really mean temples, schools, buildings that have been commandeered to house those who are homeless, and who simply don't have the infrastructure to, for instance, have toilets and the like for hundreds and hundreds of people.
So that is causing a little bit of an outbreak of diarrhea, according to officials, and they're concerned. They don't want that to get any worse. Because things like cholera and the others, they're very, very concerned that they should be able to have the correct kind of sanitation facilities to prevent that. Because that then spreads like wildfire, and that could cause multiple deaths.
KAGAN: And what about the time frame we're talking about here, Christiane? At the donor conference in Jakarta, we heard U.N. Secretary-General Kofi Annan talking about about $1 billion to go through June. But what should the world really expect in terms of how long it's going to take to rebuild these areas?
AMANPOUR: Well, it depends on what areas. Obviously, places like Banda Aceh, I mean, the place is flattened. And certainly from our reporters and from what we're seeing, you know, on the television, it's going to take a long, long time to rebuild that.
Also around here, in Sri Lanka. You know, 700 kilometers of coastline has been shattered. This is -- you know, one of the prime industries here is tourism. One of the prime, prime industries in this country is fishing, the fishing industry. Eighty percent of that has been ruined, devastated, obliterated.
Now some are saying that perhaps within a few months they can get their lives back together. Others are saying that it will take an enormous time and a much longer time than that.
I think the jury on that is still out, but what is clear is that calls for immediate money to be put on the table are being made. Those promises now have to be backed up by money, according to the U.N. Because otherwise, it's really going to be very, very tough going. U.N. very concerned that those promises of aid don't just stay promises, that they become real money, real aid and real relief for these people.
KAGAN: Christiane Amanpour, thank you.
SANCHEZ: What we want to do for you as well is give you a sense of the places that are being affected and also try and track the video as it comes in. From time to time here at CNN, we receive new video throughout the day. And we want to try and break it down for you.
Let's begin in Sri Lanka, because we were just having that conversation between Daryn and Christiane Amanpour.
You can see Sri Lanka there behind me. And some of the areas that we've already talked about, Colombo, Beruwala, for example. Let's break it down for you. This is the area that we have been concentrating on. But as we go here and try and show you on the map exactly what's affected, remember, it's this side, because of the waves as they came in from the tsunami, that were more affected. We'll lose that for just a minute.
Yesterday we brought you a report from Trincomalee. Today, another area that would be affected by those waves, as well, and that would be right here in Potuvil. We have some new video. Let's share it with you, as a matter of fact.
And as we see these pictures, keep in mind some of the things Christiane Amanpour was just relating cholera, malaria. Medical officials in this particular area are already starting to see reports of that. This is a coastal area.
Some of the Tamils are also working in this area, and they've been protecting some of the area, saying that perhaps the government is discriminating. So there's already some controversy there.
And just to bring you up to date on the numbers as we look at these pictures as well, 800,000 people in this area are said to be homeless.
We're going to take you to another place now. This was also mentioned moments ago in that conservation. And this is the Aceh province. Let's do this. Let's show the bigger picture first of the entire area. And then we're going to give you a sense of exactly where we're talking.
You see right over there from Sri Lanka, where you see where it says Colombo. We're going to come down to the Aceh province. I'll show it to you here, and we'll go tight. We're going from there to there.
Now let's go tight on just the Aceh province if we possibly could. And we'll show you that area. There it is.
Now, remember yesterday, we were having a discussion about exactly where the earthquake was, and which was basically where there where that circle is. So it's only about 50 kilometers, about 30 miles, from this area right there. And we've shown you pictures from Banda Aceh, but what about this right here?
Meulaboh, that's a new area that we've got pictures in from, as well. Let's go ahead and roll those and share them with you. Remember, this is earthquake damage as well as tsunami damage. Half of the 50,000 people who lived in this area were killed.
Although we're already starting to see sign of recovery because some of the bulldozers and some of the other heavy equipment has just come in. But still, roads have been destroyed. And they are really just getting to the area. They really have their work cut out for them in that specific area.
And one other area that we need to focus on today as we go back to the big picture. And that's going to be in the area of Thailand. Let's show them the map of the Indian Ocean, if we can, once again. And you'll see where Thailand is over there in relation to Banda Aceh. And if we could, let's go tight now on Thailand and talk about one specific area, because you've been hearing all these reports from Phuket from time to time.
Well, this is the wrong one. This is Indonesia. Let's see if we can get the one that actually shows the Thailand area, if we have that ready. If not, we can certainly describe it by showing the pictures first nonetheless.
Do we have the graphic? Thailand is what we want to look at right here, just to show you that one area in particular that we've been talking about. And now we're back to Sri Lanka. Hold on one more time just to see if we can show Thailand, because we've talked about Sri Lanka already.
All right. Let's go ahead and look at the video and then see if we can get on the backside of this.
This is video coming in from Nam Khem in Thailand. Not far from Phuket, by the way, which is where we have bring reports. Now, keep in mind, and I was going to show you this on the map. I can't, but this is a boat that is about a mile inland. And the reason is because of the way that -- it's a bay essentially. So the water -- there it is again -- funneled the water in so the wave was higher.
An entire village was destroyed as a result of this. And you're seeing parts of that village right there. And that's why that happened. By the way, they say that every single person who lived in this village lost at least one family member as a result of this.
Let's go back to the map and show you exactly why this particular effect happened. And here it is. This is what I'm talking about right here. You see this bay? And what happens, of course, geographically is the water as it's coming in here in these areas, it won't have as much of an effect as it will here, say geologists and geographists and people who study this.
Because it basically amasses. So it creates a funnel effect. And that's why in this particular area, that boat that we just showed you was as far as a mile inland.
Well, 12 days after the tsunami disaster, it is still unclear how many Americans are missing. But the State Department is saying this morning that it's revised its figures on the number presumed to have died.
CNN State Department correspondent Andrea Koppel has an update now on some of these new developments.
Andrea, to you.
ANDREA KOPPEL, CNN CORRESPONDENT: That's right, Rick. That number has actually been revised downward today from 36 Americans to 35. A State Department official telling CNN that upon closer evaluation, it turned out that one victim was actually listed twice inaccurately, because there was confusion over that person's name.
The State Department officials saying that that's actually a perfect indication as to just what they're up against in trying to get an accurate determination as to just how many Americans are dead.
(BEGIN VIDEOTAPE)
KOPPEL (voice-over): These are just some of the dozens of Americans believed killed in Thailand and Sri Lanka.
ADAM ERELI, STATE DEPARTMENT SPOKESMAN: In each of these cases, there is a specific reason to believe that the individual was in harm's way at the time of the tsunamis.
KOPPEL: The reason, officials say, firsthand accounts from survivors. The State Department also says some family members found photos of their loved ones on this Thai government web site, which has posted pictures of hundreds of unidentified victims.
UNIDENTIFIED FEMALE: I'm calling from the Department of State's Tsunami Task Force.
KOPPEL: Since December 26 State Department officials have been working the phones around the clock, calling family and friends for updates on unaccounted for Americans.
UNIDENTIFIED FEMALE: And I'm happy to hear your good news.
KOPPEL: Eager to whittle down a list which once stood at 24,000 and is now at just over 3,000.
Touring the devastation in Indonesia, Secretary of State Powell made clear finding out how many Americans are truly missing is a top priority.
COLIN POWELL, SECRETARY OF STATE: And we're working as hard as we can to get that list down. With each passing day, wee removing hundreds of names from the list. And we'll try to get an accurate count out.
KOPPEL: But it's tedious work. Officials now asking family members to supply DNA and dental records of those like 64-year-old Charles Benbeau (ph) of Pensacola, Florida, who, like thousands of others, was on vacation in Thailand the day the tsunami hit.
(END VIDEOTAPE)
KOPPEL: Now that list of inquiries has been whittled down to about 2,600 unanswered calls, people who have picked up the phone and said, "I think I have a cousin or a brother or a friend who may have been in the region at the time."
But we should also emphasize that one inquiry is not and should not be equated to one missing American. There's also likely duplication there. But State Department officials say that the expectation, Rick, is that by the time weeks have gone by and they've been able to sort through all the documents and all of the bodies there, that there may be 100, perhaps hundreds of Americans who will be determined to have died -- Rick.
SANCHEZ: Andrea Koppel, breaking it down for us from the State Department. We thank you, Andrea.
KAGAN: You've heard concerns that orphans of the tsunami disaster could be taken advantage of. The exploitation of children is of paramount concern right now. We're going to talk to an expert about how such widespread abuse could happen and what can be done to protect the children.
Also, images of desperation from the remote Nicobar islands. We'll have the latest from there. And we'll also look at the maps and see why these islands took such a hit. You're watching CNN LIVE TODAY.
(COMMERCIAL BREAK)
SANCHEZ: That's Joe Biden. It's his turn to ask questions of Alberto Gonzales. And that's exactly what he's doing. Let's go ahead now and listen in.
SEN. JOE BIDEN (D-DE), JUDICIARY COMMITTEE: ... he's broken the law and Roper is saying (ph), but he means you harm.
And if my recollection is correct, you have Thomas Moore turning to Roper (ph) and saying, "This law -- this country is planted thick with laws, coast to coast. Man's law is not God's. And if you cut them down, Roper, as you would, what will you do when the devil turns round on you? Yes, I'd give the devil benefit of law for my own safety's sake."
That's the fundamental principle we debate among ourselves, no matter how you cut it. And that's what -- the debate that took place on these torture memos between Taft and Yo (ph).
I have, which I'm not -- I have a copy of the report, the memo, sent by the secretary of state to you all on February 7, which is -- I'm not going to make public. But in that memo, he takes significant issue with the recommendations coming out of your shop and Mr. Yo's (ph).
And he says -- ends by saying, let's talk. We need to talk. And he goes into great details as other reports do. Powell, contemporaneously, on the 7th, says, basically -- and I have the report right here. Says basically, "Look, you go forward with the line of reasoning you guys are using, and you're going to put my troops, my former troops in jeopardy."
This is about the safety and security of American forces. And he says in here, "What you're doing is putting that in jeopardy." You have the former head of JAG, the top lawyer in the United States military saying, "Hey, man, this is way beyond the interrogation techniques you're signing off, way beyond what the manual, the military manual for guidance of how to deal with prisoners says."
And so the point I'm trying to make here, and I will come back with questions, and if I have any time, I will. Well, I don't have time. Is this is important stuff because there was a fundamental disagreement within the administration.
And based on the record, it seems to me, although it may not be totally -- it may not be dispositive -- your judgment was not as good as the judgment of the secretary of state. Your judgment was not as good or as sound as the chief lawyer from the JAG. Your judgment was not as sound.
And the question I want to debate about is the judgment. How did you arrive at this? Different than these serious people like you, who thought what you were doing, recommending to the president in various memos, was jeopardizing the security of American troops. And that's what I want to get back to.
But I want to explain to the public and anybody listening, this is not about your integrity. This is not a witch-hunt. This is about your judgment. That's all we're trying to do.
And so when I get to ask my questions, I hope you'll be candid about it, because -- not that it's relevant -- I like you. I like you. You're the real -- you're the real deal.
SEN. ARLEN SPECTER (R-PA), JUDICIARY COMMITTEE: Senator Biden, your red light is on.
BIDEN: My red light is on. Thank you.
SPECTER: Mr. Gonzales while Senator Biden is awaiting round two to formulate a question, I think you ought to be given an opportunity to respond to Senator Biden's observations and implicit, perhaps, two dozen questions. The floor is yours.
ALBERTO GONZALES, ATTORNEY GENERAL NOMINEE: Senator Biden, I'm not -- when you're referring to the Powell memo, I'm not sure which memo you're referring to, and I presume you're referring...
BIDEN: Just for the record, Mr. Chairman, it's dated January 11, 2002, to John Yo from William Taft, legal adviser, and there is overwhelming evidence that you saw it. There was discussion about it. And that's what I'm referring to.
GONZALES: There was a great deal of debate within the administration, as that memo partly reflects, about -- about what was legally required. And perhaps a policy judgment to be made by the president. And the fact that there was disagreement about something so significant, I think should not be surprising to anyone.
BIDEN: Of course not.
GONZALES: Of course not. And reasonable people can differ. In the end, it is the Department of Justice who is charged by statute to provide the definitive legal advice on behalf of the executive branch to the president of the United States. What I can tell you...
BIDEN: With all due respect, that doesn't matter. I don't care about their judgment. I'm looking at yours.
GONZALES: Sir, of course, I conveyed to the president my own views about what the law requires.
SPECTER: Right.
GONZALES: Often informed by what the Department of Justice says the law is, because, again, by statute, you have conferred upon them that responsibility.
I can tell you that with respect to the decision that the president ultimately made, everyone involved, including the secretary of state, including the chairman of joint chiefs, all of the principals who had equities in the decision about the application of Geneva had an opportunity to present their views and their concerns directly to the president of the United States, and he made a decision.
SPECTER: Thank you, Judge.
BIDEN: Thank you.
SPECTER: Thank you, Judge Gonzales. Senator Kyl had to depart earlier this morning for his...
SANCHEZ: You just heard moments ago from Senator Biden of Delaware, asking questions of Alberto Gonzales. And part of his theme has been throughout, as a matter of fact, for those of you who have been watching this process, that we need to be very mindful that whatever we do or whatever policies we establish can certainly be done to ours, as well. In other words, our soldiers.
Part of the theme that he was trying to ask in the form of a question, it seemed, with -- with Alberto Gonzales. In fact at one point, Senator Biden had said earlier, not during this hearing, "My son is overseas. And that is why I ask these questions."
We'll certainly continue to follow these hearings for you throughout the day. And if at any time we think we have a possibility of taking you back inside, we'll do just that.
Meantime, here's Daryn.
KAGAN: But before we leave the story, we want to go to our Ed Henry on Capitol Hill to talk more about what we're watching taking place with this nomination and other hearings taking place -- Ed.
ED HENRY, CNN CORRESPONDENT: Good morning again, Daryn. That's right. Judge Gonzales has been nominated to the nation's 80th attorney general, the first Hispanic attorney general ever.
Republicans this morning at this hearing have been trying to focus on his story, his personal story, a real rags to riches story. They compare it to Horatio Alger, the fact that he was growing up in a town actually called Humble, Texas. And they say that from those humble origins he has risen all the way to the top levels of government.
But you're hearing a much different story from the Democrats. They say while they respect his life story, they want to zero in on his time as White House counsel. They say that is what is relevant.
And they've been zeroing in on a series of memos that Gonzales either rote or approved, dealing with torture, dealing with the handling of prisoners in the war on terror. Democrats feel that he may have gone too far in some cases and that that could have led to the abuses at Abu Ghraib, that prison in Iraq, and other places around the world.
Here's one exchange between Democratic Senator Patrick Leahy and Judge Gonzales.
OK. We do not have that right now. But there was a tense exchange between Senator Leahy and Judge Gonzales.
There also, as you heard a couple moments ago, was an exchange with Senator Biden where Senator Biden was suggesting that Judge Gonzales this morning has not really been answering a lot of the questions directly. You can hear frustration from Democrats about that.
But also, there was a Republican senator, Mike DeWine from Ohio, who not on the war on terror but on other issues was pressing Judge Gonzales about what kind of attorney general he would be and was expressing frustration that Judge Gonzales was not really being candid, as well.
Senator DeWine, even though he's a Republican, was saying that he wanted more direct answers about what kind of policies Judge Gonzales will push as attorney general.
The bottom line is here, you'll mostly hear the heat coming from the Democrats on this panel. You're going to hear a lot of defense from the Republicans, of course.
But at the end of the day, when all is said and done, Judge Gonzales is going to be confirmed. Even Democrats are admitting that privately. But they want to make sure that they make their political points. They want to put some pressure on the Bush administration, particularly on this issue of the war on terror -- Daryn.
KAGAN: And Ed -- Ed, quick question here. I know these can be bruising, but what's with the Band-Aid on Arlen Specter's nose. I don't suspect it's from these hearings.
HENRY: Well, you know, he went through a pretty rough fight among the Republican senators in recent weeks right after the election, in trying to get the chairmanship of this committee. Obviously this is his first hearing. So he got that chairmanship.
It did not come from an actual fistfight. I do not know how he got the bandage on his nose. But he obviously is on the mend. And he now has the job. He has the gavel. And this is his very first hearing as chairman.
KAGAN: You're right; that was a bruising fight. Thank you so much, Ed Henry on Capitol Hill.
SANCHEZ: We're going to have a lot more news coming your way. In just a little bit, some of the developing stories that we've been following, as well as some of the new video coming in from parts of tsunami-ravaged Southeast Asia. We'll have that for you. We'll be right back.
(COMMERCIAL BREAK)
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Aired January 6, 2005 - 11:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RICK SANCHEZ, CO-HOST: A chemical leak from a train collision has shut down schools and businesses in Aiken County, South Carolina. There are unconfirmed reports of fatalities from this collision. A ruptured train car spilled what is to be believed to be chlorine. Residents in the area are being told to stay inside and turn off all their ventilation systems.
Also, pledges of aid for tsunami victims are now totaling more than $3.5 billion. So today U.N. Secretary-General Kofi Annan urged countries to come through with the cash that they have promised. He described the relief effort as a race against time. A report from the region is just ahead.
Iraq's interim prime minister today extended a state of emergency for another 30 days. The move follows a wave of deadly attacks in recent days. The state of emergency applies to all regions of the country except the Kurdish area to the north.
Here we go for you once again, 11 a.m. on the East Coast, 8 a.m. out West. From the CNN Center in Atlanta, I'm Rick Sanchez.
DARYN KAGAN, CO-HOST: And I'm Daryn Kagan. Good morning once again.
We're going to begin this hour with an unexpected turn of events in the Yates case. We want to go to correspondent Ed Lavandera in Dallas with more on the orders for a new trial.
Ed, good morning.
ED LAVANDERA, CNN CORRESPONDENT: Well, this is a major, major victory for Andrea Yates and all those around her who have been trying to support her and trying to push her cause forward in the last almost three years since she has been convicted.
Andrea Yates has been in a psychiatric prison, where she's been doing gardening work and that sort of thing, also going in and out of major depression and major psychosis, as her attorneys and her husband have explained to us over the last couple of years.
But an appellate court in Texas today reversing her conviction, which means what happens next is still very unclear at this point. Because prosecutors that we spoke with a short time ago said they have not decided whether or not they will bring Andrea Yates to trial again for the murders of her five children. And as we mentioned, her attorneys and her husband, who has filed for divorce since the conviction, have been working tirelessly. And the doctors who have supported her have been working tirelessly to get the word out that Andrea Yates and her conviction was wrong.
But the specific issue that forced the -- convinced the judges in this case to overturn the conviction was the testimony of the prosecution's expert witness, a man named Park Dietz, who testified that Andrea Yates knew exactly what she was doing when she murdered and drowned her five children.
But they point to false testimony. Specifically, Dr. Park Dietz under cross-examination in that trial had mentioned that Andrea Yates had seen an episode of the NBC TV show "Law & Order," saying that she had seen an episode of a woman who had drowned her children, claimed that it was -- and was found not guilty by reason of insanity and that that might have had some influence.
The problem was that that show never existed. So the prosecution -- or the defense attorneys for Andrea Yates saying that this was false testimony, that it unduly influenced the jury in this case.
The three-judge panel agreeing with the defense in this case.
Now the prosecution says they have a variety of options that they can use at this point to either appeal this appeal, but they haven't decided whether they're going to meet this afternoon or in the coming days to decide what to do next. But it's still very much up in the air.
And the main point, they haven't decided whether or not to bring -- bring Andrea Yates back to trial. But in the meantime, a major victory for Andrea Yates, her attorneys and all those people who have been supporting her for the last three years -- Daryn.
KAGAN: So it centers around the testimony of Dr. Dietz. Does Dr. Dietz at this point face any kind of legal troubles? Because he basically lied on the stand, said that he consulted on an episode that never even existed.
LAVANDERA: We haven't heard anything like that at this point. But the prosecutors -- the prosecutors have also been telling us that this wasn't anything that they had planned to do. It wasn't anything that was done maliciously. In fact, that's why they point out that it was brought up during cross-examination. They didn't think it was done on purpose, or it wasn't part of a grand strategy on their part to do something like this.
And they also don't necessarily agree, it seems like, pretty much, that it had that much influence on the jury. So what might happen with Park Dietz is very hard to say at this point. But there are a lot of people who are very upset with him at this point.
KAGAN: Understandably. Ed Lavandera, in Dallas, thank you.
SANCHEZ: Once again, we need to bring you up to date on the massive relief effort in South Asia.
Twelve days after the tsunami disaster, Secretary of State Colin Powell says the U.N. is going to take over coordination efforts from a coalition formed by the United States. Mr. Powell made the announcement at an emergency summit in Jakarta, Indonesia.
Now, the U.S. Navy hospital ship Mercy is headed to South Asia to help tsunami victims. The massive ship is expected to arrive in about 30 days, because all the hospitals there have been leveled.
And the FBI says don't be scammed when giving to tsunami relief charities. The agency has issued a fraud alert, warning of phony web site and also spam e-mails.
KAGAN: CNN's comprehensive coverage of the tsunami disaster and the relief effort continues to expand as the story unfolds. We now have 19 correspondents providing reports from the region.
World leaders are vowing to work together to help tsunami- shattered countries on the long road to recovery. Sri Lanka was among the countries hit hardest by the disaster.
Our chief international correspondent, Christiane Amanpour, is in Beruwala, Sri Lanka, with an update -- Christiane.
CHRISTIANE AMANPOUR, CNN CORRESPONDENT: Well, Daryn, yes, here on the east coast, on the west coast, in fact, they did have one of the worst single disasters, but some of the worst hit areas and those in desperate need of relief are on the other side, the east coast, which was taking the full brunt of that tsunami. It was the first hit here in Sri Lanka.
Now a lot of aid is coming in, according to Sri Lankan officials, but it hasn't all reached the affected areas and the areas most in need. We haven't seen a huge amount of aid being delivered, for instance, right here at this particular location. But further south in Galle and beyond Galle, it is being delivered in terms of tents and food and other kinds of supplies.
On the east, though, the relief effort is very, very slow going. That, the hardest hit coast, is being hampered now by heavy rains, by bad weather. And it is, on many parts of the coast, fairly remote and inaccessible. And that is having a hard time getting the kind of aid that it needs to keep these people who have lost everything in some kind of basic subsistence and existence there, Daryn.
KAGAN: And let's kind of break down the type of aid here. We're hearing about fresh water and food and shelter, but what about medical aid? Which is really in the most dire need in that part of the world?
AMANPOUR: Well, all the officials and the -- from the U.N. chief on down, including all the relief officials in the various countries, are saying that the threat of illness is now the biggest threat. That those who have actually survived the tsunami could see double the number of dead because of illness. And they're talking about cholera and diarrhea-related illnesses. And of course, here in Sri Lanka, we've heard reports from U.N. officials and others who are working here that in some of the refugee camps where the sanitation is simply not up to it. I mean, refugee camps really mean temples, schools, buildings that have been commandeered to house those who are homeless, and who simply don't have the infrastructure to, for instance, have toilets and the like for hundreds and hundreds of people.
So that is causing a little bit of an outbreak of diarrhea, according to officials, and they're concerned. They don't want that to get any worse. Because things like cholera and the others, they're very, very concerned that they should be able to have the correct kind of sanitation facilities to prevent that. Because that then spreads like wildfire, and that could cause multiple deaths.
KAGAN: And what about the time frame we're talking about here, Christiane? At the donor conference in Jakarta, we heard U.N. Secretary-General Kofi Annan talking about about $1 billion to go through June. But what should the world really expect in terms of how long it's going to take to rebuild these areas?
AMANPOUR: Well, it depends on what areas. Obviously, places like Banda Aceh, I mean, the place is flattened. And certainly from our reporters and from what we're seeing, you know, on the television, it's going to take a long, long time to rebuild that.
Also around here, in Sri Lanka. You know, 700 kilometers of coastline has been shattered. This is -- you know, one of the prime industries here is tourism. One of the prime, prime industries in this country is fishing, the fishing industry. Eighty percent of that has been ruined, devastated, obliterated.
Now some are saying that perhaps within a few months they can get their lives back together. Others are saying that it will take an enormous time and a much longer time than that.
I think the jury on that is still out, but what is clear is that calls for immediate money to be put on the table are being made. Those promises now have to be backed up by money, according to the U.N. Because otherwise, it's really going to be very, very tough going. U.N. very concerned that those promises of aid don't just stay promises, that they become real money, real aid and real relief for these people.
KAGAN: Christiane Amanpour, thank you.
SANCHEZ: What we want to do for you as well is give you a sense of the places that are being affected and also try and track the video as it comes in. From time to time here at CNN, we receive new video throughout the day. And we want to try and break it down for you.
Let's begin in Sri Lanka, because we were just having that conversation between Daryn and Christiane Amanpour.
You can see Sri Lanka there behind me. And some of the areas that we've already talked about, Colombo, Beruwala, for example. Let's break it down for you. This is the area that we have been concentrating on. But as we go here and try and show you on the map exactly what's affected, remember, it's this side, because of the waves as they came in from the tsunami, that were more affected. We'll lose that for just a minute.
Yesterday we brought you a report from Trincomalee. Today, another area that would be affected by those waves, as well, and that would be right here in Potuvil. We have some new video. Let's share it with you, as a matter of fact.
And as we see these pictures, keep in mind some of the things Christiane Amanpour was just relating cholera, malaria. Medical officials in this particular area are already starting to see reports of that. This is a coastal area.
Some of the Tamils are also working in this area, and they've been protecting some of the area, saying that perhaps the government is discriminating. So there's already some controversy there.
And just to bring you up to date on the numbers as we look at these pictures as well, 800,000 people in this area are said to be homeless.
We're going to take you to another place now. This was also mentioned moments ago in that conservation. And this is the Aceh province. Let's do this. Let's show the bigger picture first of the entire area. And then we're going to give you a sense of exactly where we're talking.
You see right over there from Sri Lanka, where you see where it says Colombo. We're going to come down to the Aceh province. I'll show it to you here, and we'll go tight. We're going from there to there.
Now let's go tight on just the Aceh province if we possibly could. And we'll show you that area. There it is.
Now, remember yesterday, we were having a discussion about exactly where the earthquake was, and which was basically where there where that circle is. So it's only about 50 kilometers, about 30 miles, from this area right there. And we've shown you pictures from Banda Aceh, but what about this right here?
Meulaboh, that's a new area that we've got pictures in from, as well. Let's go ahead and roll those and share them with you. Remember, this is earthquake damage as well as tsunami damage. Half of the 50,000 people who lived in this area were killed.
Although we're already starting to see sign of recovery because some of the bulldozers and some of the other heavy equipment has just come in. But still, roads have been destroyed. And they are really just getting to the area. They really have their work cut out for them in that specific area.
And one other area that we need to focus on today as we go back to the big picture. And that's going to be in the area of Thailand. Let's show them the map of the Indian Ocean, if we can, once again. And you'll see where Thailand is over there in relation to Banda Aceh. And if we could, let's go tight now on Thailand and talk about one specific area, because you've been hearing all these reports from Phuket from time to time.
Well, this is the wrong one. This is Indonesia. Let's see if we can get the one that actually shows the Thailand area, if we have that ready. If not, we can certainly describe it by showing the pictures first nonetheless.
Do we have the graphic? Thailand is what we want to look at right here, just to show you that one area in particular that we've been talking about. And now we're back to Sri Lanka. Hold on one more time just to see if we can show Thailand, because we've talked about Sri Lanka already.
All right. Let's go ahead and look at the video and then see if we can get on the backside of this.
This is video coming in from Nam Khem in Thailand. Not far from Phuket, by the way, which is where we have bring reports. Now, keep in mind, and I was going to show you this on the map. I can't, but this is a boat that is about a mile inland. And the reason is because of the way that -- it's a bay essentially. So the water -- there it is again -- funneled the water in so the wave was higher.
An entire village was destroyed as a result of this. And you're seeing parts of that village right there. And that's why that happened. By the way, they say that every single person who lived in this village lost at least one family member as a result of this.
Let's go back to the map and show you exactly why this particular effect happened. And here it is. This is what I'm talking about right here. You see this bay? And what happens, of course, geographically is the water as it's coming in here in these areas, it won't have as much of an effect as it will here, say geologists and geographists and people who study this.
Because it basically amasses. So it creates a funnel effect. And that's why in this particular area, that boat that we just showed you was as far as a mile inland.
Well, 12 days after the tsunami disaster, it is still unclear how many Americans are missing. But the State Department is saying this morning that it's revised its figures on the number presumed to have died.
CNN State Department correspondent Andrea Koppel has an update now on some of these new developments.
Andrea, to you.
ANDREA KOPPEL, CNN CORRESPONDENT: That's right, Rick. That number has actually been revised downward today from 36 Americans to 35. A State Department official telling CNN that upon closer evaluation, it turned out that one victim was actually listed twice inaccurately, because there was confusion over that person's name.
The State Department officials saying that that's actually a perfect indication as to just what they're up against in trying to get an accurate determination as to just how many Americans are dead.
(BEGIN VIDEOTAPE)
KOPPEL (voice-over): These are just some of the dozens of Americans believed killed in Thailand and Sri Lanka.
ADAM ERELI, STATE DEPARTMENT SPOKESMAN: In each of these cases, there is a specific reason to believe that the individual was in harm's way at the time of the tsunamis.
KOPPEL: The reason, officials say, firsthand accounts from survivors. The State Department also says some family members found photos of their loved ones on this Thai government web site, which has posted pictures of hundreds of unidentified victims.
UNIDENTIFIED FEMALE: I'm calling from the Department of State's Tsunami Task Force.
KOPPEL: Since December 26 State Department officials have been working the phones around the clock, calling family and friends for updates on unaccounted for Americans.
UNIDENTIFIED FEMALE: And I'm happy to hear your good news.
KOPPEL: Eager to whittle down a list which once stood at 24,000 and is now at just over 3,000.
Touring the devastation in Indonesia, Secretary of State Powell made clear finding out how many Americans are truly missing is a top priority.
COLIN POWELL, SECRETARY OF STATE: And we're working as hard as we can to get that list down. With each passing day, wee removing hundreds of names from the list. And we'll try to get an accurate count out.
KOPPEL: But it's tedious work. Officials now asking family members to supply DNA and dental records of those like 64-year-old Charles Benbeau (ph) of Pensacola, Florida, who, like thousands of others, was on vacation in Thailand the day the tsunami hit.
(END VIDEOTAPE)
KOPPEL: Now that list of inquiries has been whittled down to about 2,600 unanswered calls, people who have picked up the phone and said, "I think I have a cousin or a brother or a friend who may have been in the region at the time."
But we should also emphasize that one inquiry is not and should not be equated to one missing American. There's also likely duplication there. But State Department officials say that the expectation, Rick, is that by the time weeks have gone by and they've been able to sort through all the documents and all of the bodies there, that there may be 100, perhaps hundreds of Americans who will be determined to have died -- Rick.
SANCHEZ: Andrea Koppel, breaking it down for us from the State Department. We thank you, Andrea.
KAGAN: You've heard concerns that orphans of the tsunami disaster could be taken advantage of. The exploitation of children is of paramount concern right now. We're going to talk to an expert about how such widespread abuse could happen and what can be done to protect the children.
Also, images of desperation from the remote Nicobar islands. We'll have the latest from there. And we'll also look at the maps and see why these islands took such a hit. You're watching CNN LIVE TODAY.
(COMMERCIAL BREAK)
SANCHEZ: That's Joe Biden. It's his turn to ask questions of Alberto Gonzales. And that's exactly what he's doing. Let's go ahead now and listen in.
SEN. JOE BIDEN (D-DE), JUDICIARY COMMITTEE: ... he's broken the law and Roper is saying (ph), but he means you harm.
And if my recollection is correct, you have Thomas Moore turning to Roper (ph) and saying, "This law -- this country is planted thick with laws, coast to coast. Man's law is not God's. And if you cut them down, Roper, as you would, what will you do when the devil turns round on you? Yes, I'd give the devil benefit of law for my own safety's sake."
That's the fundamental principle we debate among ourselves, no matter how you cut it. And that's what -- the debate that took place on these torture memos between Taft and Yo (ph).
I have, which I'm not -- I have a copy of the report, the memo, sent by the secretary of state to you all on February 7, which is -- I'm not going to make public. But in that memo, he takes significant issue with the recommendations coming out of your shop and Mr. Yo's (ph).
And he says -- ends by saying, let's talk. We need to talk. And he goes into great details as other reports do. Powell, contemporaneously, on the 7th, says, basically -- and I have the report right here. Says basically, "Look, you go forward with the line of reasoning you guys are using, and you're going to put my troops, my former troops in jeopardy."
This is about the safety and security of American forces. And he says in here, "What you're doing is putting that in jeopardy." You have the former head of JAG, the top lawyer in the United States military saying, "Hey, man, this is way beyond the interrogation techniques you're signing off, way beyond what the manual, the military manual for guidance of how to deal with prisoners says."
And so the point I'm trying to make here, and I will come back with questions, and if I have any time, I will. Well, I don't have time. Is this is important stuff because there was a fundamental disagreement within the administration.
And based on the record, it seems to me, although it may not be totally -- it may not be dispositive -- your judgment was not as good as the judgment of the secretary of state. Your judgment was not as good or as sound as the chief lawyer from the JAG. Your judgment was not as sound.
And the question I want to debate about is the judgment. How did you arrive at this? Different than these serious people like you, who thought what you were doing, recommending to the president in various memos, was jeopardizing the security of American troops. And that's what I want to get back to.
But I want to explain to the public and anybody listening, this is not about your integrity. This is not a witch-hunt. This is about your judgment. That's all we're trying to do.
And so when I get to ask my questions, I hope you'll be candid about it, because -- not that it's relevant -- I like you. I like you. You're the real -- you're the real deal.
SEN. ARLEN SPECTER (R-PA), JUDICIARY COMMITTEE: Senator Biden, your red light is on.
BIDEN: My red light is on. Thank you.
SPECTER: Mr. Gonzales while Senator Biden is awaiting round two to formulate a question, I think you ought to be given an opportunity to respond to Senator Biden's observations and implicit, perhaps, two dozen questions. The floor is yours.
ALBERTO GONZALES, ATTORNEY GENERAL NOMINEE: Senator Biden, I'm not -- when you're referring to the Powell memo, I'm not sure which memo you're referring to, and I presume you're referring...
BIDEN: Just for the record, Mr. Chairman, it's dated January 11, 2002, to John Yo from William Taft, legal adviser, and there is overwhelming evidence that you saw it. There was discussion about it. And that's what I'm referring to.
GONZALES: There was a great deal of debate within the administration, as that memo partly reflects, about -- about what was legally required. And perhaps a policy judgment to be made by the president. And the fact that there was disagreement about something so significant, I think should not be surprising to anyone.
BIDEN: Of course not.
GONZALES: Of course not. And reasonable people can differ. In the end, it is the Department of Justice who is charged by statute to provide the definitive legal advice on behalf of the executive branch to the president of the United States. What I can tell you...
BIDEN: With all due respect, that doesn't matter. I don't care about their judgment. I'm looking at yours.
GONZALES: Sir, of course, I conveyed to the president my own views about what the law requires.
SPECTER: Right.
GONZALES: Often informed by what the Department of Justice says the law is, because, again, by statute, you have conferred upon them that responsibility.
I can tell you that with respect to the decision that the president ultimately made, everyone involved, including the secretary of state, including the chairman of joint chiefs, all of the principals who had equities in the decision about the application of Geneva had an opportunity to present their views and their concerns directly to the president of the United States, and he made a decision.
SPECTER: Thank you, Judge.
BIDEN: Thank you.
SPECTER: Thank you, Judge Gonzales. Senator Kyl had to depart earlier this morning for his...
SANCHEZ: You just heard moments ago from Senator Biden of Delaware, asking questions of Alberto Gonzales. And part of his theme has been throughout, as a matter of fact, for those of you who have been watching this process, that we need to be very mindful that whatever we do or whatever policies we establish can certainly be done to ours, as well. In other words, our soldiers.
Part of the theme that he was trying to ask in the form of a question, it seemed, with -- with Alberto Gonzales. In fact at one point, Senator Biden had said earlier, not during this hearing, "My son is overseas. And that is why I ask these questions."
We'll certainly continue to follow these hearings for you throughout the day. And if at any time we think we have a possibility of taking you back inside, we'll do just that.
Meantime, here's Daryn.
KAGAN: But before we leave the story, we want to go to our Ed Henry on Capitol Hill to talk more about what we're watching taking place with this nomination and other hearings taking place -- Ed.
ED HENRY, CNN CORRESPONDENT: Good morning again, Daryn. That's right. Judge Gonzales has been nominated to the nation's 80th attorney general, the first Hispanic attorney general ever.
Republicans this morning at this hearing have been trying to focus on his story, his personal story, a real rags to riches story. They compare it to Horatio Alger, the fact that he was growing up in a town actually called Humble, Texas. And they say that from those humble origins he has risen all the way to the top levels of government.
But you're hearing a much different story from the Democrats. They say while they respect his life story, they want to zero in on his time as White House counsel. They say that is what is relevant.
And they've been zeroing in on a series of memos that Gonzales either rote or approved, dealing with torture, dealing with the handling of prisoners in the war on terror. Democrats feel that he may have gone too far in some cases and that that could have led to the abuses at Abu Ghraib, that prison in Iraq, and other places around the world.
Here's one exchange between Democratic Senator Patrick Leahy and Judge Gonzales.
OK. We do not have that right now. But there was a tense exchange between Senator Leahy and Judge Gonzales.
There also, as you heard a couple moments ago, was an exchange with Senator Biden where Senator Biden was suggesting that Judge Gonzales this morning has not really been answering a lot of the questions directly. You can hear frustration from Democrats about that.
But also, there was a Republican senator, Mike DeWine from Ohio, who not on the war on terror but on other issues was pressing Judge Gonzales about what kind of attorney general he would be and was expressing frustration that Judge Gonzales was not really being candid, as well.
Senator DeWine, even though he's a Republican, was saying that he wanted more direct answers about what kind of policies Judge Gonzales will push as attorney general.
The bottom line is here, you'll mostly hear the heat coming from the Democrats on this panel. You're going to hear a lot of defense from the Republicans, of course.
But at the end of the day, when all is said and done, Judge Gonzales is going to be confirmed. Even Democrats are admitting that privately. But they want to make sure that they make their political points. They want to put some pressure on the Bush administration, particularly on this issue of the war on terror -- Daryn.
KAGAN: And Ed -- Ed, quick question here. I know these can be bruising, but what's with the Band-Aid on Arlen Specter's nose. I don't suspect it's from these hearings.
HENRY: Well, you know, he went through a pretty rough fight among the Republican senators in recent weeks right after the election, in trying to get the chairmanship of this committee. Obviously this is his first hearing. So he got that chairmanship.
It did not come from an actual fistfight. I do not know how he got the bandage on his nose. But he obviously is on the mend. And he now has the job. He has the gavel. And this is his very first hearing as chairman.
KAGAN: You're right; that was a bruising fight. Thank you so much, Ed Henry on Capitol Hill.
SANCHEZ: We're going to have a lot more news coming your way. In just a little bit, some of the developing stories that we've been following, as well as some of the new video coming in from parts of tsunami-ravaged Southeast Asia. We'll have that for you. We'll be right back.
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