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CNN Live Today

Suspect in BTK Case to Have First Court Appearance; 'New You Revolution'

Aired March 01, 2005 - 10:59   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: This will begin the second hour of CNN LIVE TODAY. And it begins -- you know when?
DARYN KAGAN, CNN ANCHOR: Right now.

SANCHEZ: Right.

KAGAN: And that means we're going to start with a look at what's happening "Now in the News."

Within the last hour, the U.S. Supreme Court issued a ruling striking down the death penalty for juveniles. The high court says the Constitution forbids executing killers who were under 18 when they committed their crimes. The 5-4 decision throws out the death sentences about 70 juvenile murders.

The worst is over, but effects linger from the latest winter storm to hit the Northeast. It dumped moderate to heavy snow along the East Coast and into New England. Many schools are closed. Some flights were canceled because of the storm.

The first prosecution witness takes the stand today in the Michael Jackson child molestation trial. Journalist Martin Bashir is expected to testify about a documentary on the pop star. First, though, Jackson's attorney finishes his opening statement. The trial resumes about 30 minutes from right now.

An annual State Department report out today cites human rights abuses by the interim Iraqi government. The report says the government has made progress in reversing the legacy of Saddam Hussein, but serious problems do remain.

We are watching the clock. Just past 11:00 a.m. on the East Coast, just past 8:00 on the West. From the CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.

SANCHEZ: And I'm Rick Sanchez. And let's get right to it.

An hour from now, the man accused of being the BTK serial killer will have his first court appearance in Kansas. If police are on the money on this, that would mean suspect Dennis Rader led a true double life as a church going husband and father-turned-monster. A man who did in plain sight among friends and family, a man authorities say viciously killed 10 times over three decades.

National correspondent Bob Franken is following the story for us. He's joining us from Wichita, where he's covering today's proceedings.

Bob, over to you.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: OK, Rick. And this is, in fact, called officially a first appearance. It is simply a very brief appearance. He won't even be here.

Dennis Rader will be in his jail cell, or where they have a video uplink. That is not unusual.

He will have the charges outlined to him. They will set a permanent bond. At the moment, it's $10 million. And according to the police, that's $1 million for each of the charges of murder that have been leveled against him.

And then an arraignment date will be set. And that usually comes about two weeks, although it can be moved back a bit.

Now, we have been told by a variety of sources that he has not asked for an attorney yet. So there will be one who is, in effect, standing in for him, representing him here today. A defense attorney in town named Richard May (ph), who is quite prominent, he has been involved in any number of cases, including murder cases.

One source said they just want to make sure they do it right, that there's no suggestion that his rights have not been protected. May (ph) tells me that he is here only today to operate on this. He does not expect to be the defense attorney for Dennis Rader.

It should be short. There is no inherent reason why we should even hear from Rader, although the judge may ask him a question or two. It's supposed to start at noon. These things have a way of slipping a little bit. But as I said, it is the first start in a long legal process which is going to try and unravel and bring accountability to the charges that have gone over so many decades -- Rick.

SANCHEZ: Bob, let me ask you about something else. The Supreme Court has indeed now struck down the death penalty for juvenile killers. An announcement that was made just earlier today.

Interestingly enough, you were there at the Supreme Court covering these proceedings as they were taking place. I'm wondering about your reaction on this day.

FRANKEN: Well, it's something that has shown an evolving attitude toward capital punishment. In this particular case, this is for a crime that was committed by a 17-year-old. But it occurred in the '90s.

But, of course, it was when he was a juvenile. And in earlier cases, the threshold was much earlier. But there has been an evolving view, as I said, about capital punishment.

A couple of years ago, the Supreme Court also ruled that people judged to be retarded also could not be executed. It's considered unconstitutionally cruel, in the words of Judge Anthony Kennedy, who wrote the opinion that prevailed this morning.

The other thing to note is it was once again very close, 5-4 decision. It shows that the Supreme Court is very torn over the issue of capital punishment.

SANCHEZ: National correspondent Bob Franken following that story for us from Wichita. Again, it's going to be his very first appearance in less than an hour now. And CNN will take you back to Wichita live at the top of the next hour for the suspected serial killer's court appearance. Noon Eastern, later this hour, our Jonathan Freed will try to answer the question, who is Dennis Rader?

KAGAN: Authorities in Florida are bringing in trained experts to help search for a missing girl. A sources says that investigators have precious little to go on in the case of 9-year-old Jessica Lunsford. On CNN's "AMERICAN MORNING," the sheriff was asked about the possibility that Jessica ran away.

(BEGIN VIDEO CLIP)

SHERIFF JEFF DAWSY, CITRUS COUNTY, FLORIDA: We just have not been able to validate that that is in her personality. That's the reason why we're not looking at that.

She seems to be a very abiding young girl who loved her grandmother very, very much. And her dad. And everything we hear is that this is not what she -- what her makeup is.

(END VIDEO CLIP)

KAGAN: Authorities have called off the full-scale volunteer searches. They're bringing in a state-trained search and rescue team for the next phase of the investigation. They'll be doing grid searches of the area.

SANCHEZ: Horrible story out of Chicago. A federal judge who was once the target of a murder plot returns home to find two relatives dead inside her Chicago house. CNN sources have confirmed that the victims were the husband and the mother of Judge Joan Humphrey Lefkow.

"The Chicago Tribune" says each was shot once in the head. Authorities gave no indication the killings were connected to the death threat against Judge Lefkow at this time. White supremacist Matthew Hale was convicted of trying to arrange her murder, the judge's murder, that is.

Chicago police have scheduled a news conference. It's going to take place in the next hour. CNN will carry that live for you here also.

A Maryland man charged with manslaughter is accused of holding a woman captive in a locked bedroom for six years. John Dougherty (ph) is being held on $350,000 bond now. Police say his common-law wife was found dead, lying on a filthy mattress surrounded by moldy food and waste. According to arrest documents, Dougherty (ph) told police that the woman suffered brain damage from an aneurysm. He said that he locked her up because she was constantly yelling and screaming at her children.

KAGAN: Now to news about your security. The government is not expected to raise the terror threat level in response to an intercepted communication from Osama bin Laden. Officials say the message was believed to be from bin Laden to Abu Musab al-Zarqawi to his top operative in Iraq. They say it reiterates that al Qaeda's desire to carry out another attack on U.S. soil, but there's no specific information on how or when or where an attack might take place.

A federal court ruling deals a blow to the case against the so- called dirty bomb suspect, Jose Padilla. But the Justice Department plans to appeal. A federal judge ruled that the government cannot continue to hold Padilla in military custody without filing criminal charges.

The order gives the government 45 days to charge him or let him go. His attorney -- Attorney General Alberto Gonzales reacted to that decision a short time ago.

(BEGIN VIDEO CLIP)

ALBERTO GONZALES, U.S. ATTORNEY GENERAL: And so we believe that that is a tool that a president has under our Constitution. As an additional matter, we believe that the authorization to use military force passed by the Congress shortly after the attacks of 9/11 gave the president the authority to use all appropriate and necessary force to deal with this threat. And that would include the detention of an American citizen, which is what the Supreme Court found in the Hamdi decision.

Now, the Hamdi decision is different, of course, because there you dealt with an American citizen captured overseas, a national theater battle. But we believe that the combination of Hamdi leads us to the conclusion, certainly as of today, that the president does have the authority to detainee Mr. Padilla.

(END VIDEO CLIP)

KAGAN: Padilla is suspected of plotting to set off a radioactive bomb and blow up apartments in the U.S. The attorney general, Alberto Gonzales, reacted to that decision, and you just heard that right there.

The man accused of taking part in an alleged plot to assassinate President Bush is set to appear in court today. Ahmed Abu Ali is expected to face a judge for a detention hearing in Washington this afternoon. His lawyer says he wants to show Ali is not a flight risk and should be released on bail.

CNN "Security Watch" keeps you up to date on safety. Stay tuned day and night for your most reliable news about your security. SANCHEZ: We are going to have a whole lot more on the BTK story coming up throughout this hour and, in fact, throughout the day, as you might expect.

KAGAN: The suspect faces a preliminary court appearance less than an hour from now. We'll bring that to you live when it happens.

Also, we're trying to answer the question that a lot of people are asking, who is Dennis Rader? That story coming up.

SANCHEZ: Also, a bitter reminder that winter really is not over yet. Not by a long shot. They are shoveling and shivering in the Northeast after another winter blast there. And we are going to have the latest on that for you as well.

Stay with us.

KAGAN: And a new development from the Vatican regarding the pope's health. An update when CNN LIVE TODAY returns.

(COMMERCIAL BREAK)

(WEATHER REPORT)

(COMMERCIAL BREAK)

SANCHEZ: We've been telling you throughout the morning about this 23-nation conference on the Middle East that's coming to a close now in London. Leaders from all over the world have been meeting there.

There's new Palestinian Prime Minister Mahmoud Abbas, or Abu Mazen, as he's called by some of his associates. He told the gathering that he will put his dozen or so security services under a central command. That's been a chief demand of the United States and the Israelis.

Delegates also looked at ways to back the Palestinians' political and financial reforms. The conference was organized by British Prime Minister Tony Blair. Secretary of State Condoleezza Rice is there, representing the United States. Israel did not participate.

KAGAN: In other news from around the world, the U.S. says it supports calls for democracy in Lebanon. Mobs of demonstrators -- we saw these pictures here yesterday -- they've taken to the streets, they demand a change in government and a complete withdrawal of Syrian troops.

Syrians are believed linked to the assassination of former Prime Minister Rafik Hariri last month. Meanwhile, Lebanon is searching for a new prime minister after yesterday's resignation of the Prime Minister Omar Karami.

In Iraq, 127 people are now said to be dead from Monday's massive suicide bombing in Hilla. An official says the death toll changed when some of those who were seriously injured died overnight. The attack was the deadliest single strike since the U.S.-led invasion began.

To Australia. Britain's Prince Charles visited a hospital that's treated victims of the terrorist bombings in Bali three years ago. The prince met with 10 victims of those bombings. It's part of the prince's five-day official tour of Australia.

And the pope is said to have begun speaking again. Vatican officials say the pontiff spoke in both German and Italian. The pope continues to recover from a tracheotomy after a relapse of his earlier breathing difficulty.

SANCHEZ: Years of preparation and weeks of waiting for good weather are finally over. Steve Fossett, he's on his way around the world, officially. He's currently flying over Morocco, we are told. Christina Park from our CNN.com desk takes us through this aerial adventure.

(BEGIN VIDEOTAPE)

CHRISTINA PARK, CNN ANCHOR: More than 100 years since the Wright brothers' first powered flight, mankind is still breaking records and boldly going where no one has gone before.

(voice-over): CNN.com is along for the ride as a retired investor tries to pilot an airplane alone nonstop around the world for the first time. Millionaire adventure Steve Fossett has set records in five different sports already, including sailing and ballooning. Well, this time, he'll take the Virgin Atlantic Global Flier around the globe.

Log on to CNN.com/tech to track his route from country to country, starting in Salina, Kansas. While you're there, click on a tutorial for one of the coolest planes you'll ever get to see. And don't forget to check in on the all-important record that Fossett hopes to set. He must log some 23,000 miles to make his goal, and he needs to fly fast before delirium sets in.

To help keep him awake, Fossett will be in contact with flight controllers. He'll also have a text messaging system and a satellite phone.

(on camera): To cheer him on and track his route, log onto CNN.com/tech.

I'm Christina Park at the dot-com desk.

(END VIDEOTAPE)

SANCHEZ: Sandra Garth wanted to lose some weight as part of the "New You Revolution." You know what the "New You Revolution" is, right?

KAGAN: Heard of it.

SANCHEZ: Yes. It's not the Chinese or the Russian or the French. It's the "New You Revolution." KAGAN: Well, she now has new motivation thanks to good news from her son in Iraq. Dr. Sanjay Gupta will explain ahead on CNN LIVE TODAY.

(COMMERCIAL BREAK)

SANCHEZ: Here's that "New You Revolution" we were just telling you about. CNN's Dr. Sanjay Gupta, he's going to take a look at how the five participants are doing as they head into the homestretch now. This is the eighth week, by the way.

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT: Well, all five appear to be well on their way to breaking bad health habits. Now, for Leigh Ann, Jonathan and Sandra, there have been some unexpected developments.

LEIGH ANN RAYNOR, "NEW YOU" PARTICIPANT: My goal was to lose weight, to start exercising and to learn to cook.

GUPTA (voice over): But Leigh Ann has one other bad habit we really want her to tackle.

RAYNOR: Y'all won't leave me alone about the smoking.

GUPTA: So, we introduced her to her neighbor, who just happens to be the deputy chief medical officer for the American Cancer Society, Dr. Len Lichtenfeld.

RAYNOR: I mean, I've been smoking since I was 18, and I'm 49. And in terms of getting emphysema or heart disease, is it too late?

DR. LEN LICHTENFELD, AMERICAN CANCER SOCIETY: The answer is it's never too late.

GUPTA: She's already taking steps towards quitting. She tried hypnosis again, and she's come up with her own unique nicotine cessation program.

RAYNOR: My little baggy of cigarettes instead of carrying them in the pack. This way, I can keep count of exactly how many I smoke. And each day, I take one away. So, I have you know, one less each day until I get down to about 10. And then we'll see.

GUPTA: She's already smoking half a pack less than she used to.

Jonathan only wanted to stop biting his nails, something he's been quite successful at so far. But exercise and diet was not part of his "New You Revolution." And yet, he's eating better and exercising more. Why?

JONATHAN KARP, "NEW YOU" PARTICIPANT: Just because everybody else is, you know, doing it.

GUPTA: Watching the others made an impression on him. KARP: I heard Sandra's clip, you know, her battling with depression.

GUPTA: She also suffers from depression.

SANDRA GARTH, "NEW YOU" PARTICIPANT: I was diagnosed with it in 2002.

KARP: You know, I know about depression, too. So I know that that's just good to do. I've been down her road, and something that I didn't want to take pills either. You know, you've got to get out there and be just strong by being active.

GUPTA: Telling a national audience that she suffers from depression was a big step for Sandra, something we didn't know at the beginning of the "New You Revolution." We did, however, know about her son, Casey, and daughter-in-law, Teresa, who are stationed in Iraq. It was a big motivator for Sandra to get healthy. Now, she has more motivation.

GARTH: I got a phone call from Iraq. It was Casey. I knew from his e-mails that Teresa may be back to Germany last week. She is there safe and sound, thank God. And he's going to be leaving the 3rd or the 5th of March.

GUPTA: She'll lose her exercise buddy when grandson, Shannon, returns to his parents. But it's a sacrifice she's happy to make.

(on camera): And we just learned that Sandra's daughter-in-law, who you just met there, is now back in Detroit and has been reunited with her son. So some good news there.

Now, for Thekla and Harold, we thought they might benefit from some encouragement from a couple of last year's "New You" participants.

(voice-over): Thekla Fischer has come a long way in her "New You Revolution." But seven weeks into this she still has some anxiety about starting a family. So we introduced her to one of last year's new you participant, Michael Kirkbride.

His wife and fellow "New You-er," Pam, was on a business trip. But daughter Olivia joined her dad in sharing some "New You" wisdom.

THEKLA FISCHER, "NEW YOU" PARTICIPANT: The thing that scares me the most is just the time commitment.

MICHAEL KIRKBRIDE, FMR. "NEW YOU" PARTICIPANT: It's a constant struggle.

FISCHER: So, how long did it take before she started sleeping through the night?

KIRKBRIDE: I think she was six or seven months.

GUPTA: Thekla admits she's more comfortable with children that are old enough to carry on a conversation, but little Olivia found a way to lessen Thekla's fear and open her heart.

2004 "New You-er" Kim Everett and this year participant Harald Fricker joined for the same reasons: lose weight and get healthy.

We thought she might have some words of encouragement for him, so we hooked them up by phone.

KIM EVERETT, FMR. "NEW YOU" PARTICIPANT: So, I heard you lost 20 pounds. Congratulations on that.

HARALD FRICKER, "NEW YOU" PARTICIPANT: Thank you very much. Yes. It feels great.

GUPTA: Kim is still sticking to her "New You" new habits. She lost 10 pounds last year and has kept it off.

EVERETT: The "New You" just a year ago changed my life. So it's definitely going to change theirs.

GUPTA: Dr. Sanjay Gupta, CNN, for the "New You Revolution."

(END VIDEOTAPE)

KAGAN: Now we're going to give you your "Daily Dose" of health news.

A poultry market cleaner in Vietnam has reportedly contracted the bird flu. The virus has killed 47 people in Asia. Experts fear it could mutate into a form dangerous to humans and unleash a global influenza pandemic.

Your "Daily Dose" of health news is always just a click away. Just log onto CNN.com/health for the latest medical news, a health library, and information on diet and fitness.

SANCHEZ: Once again, the BTK suspect is now in jail, but does this answer the biggest question of them all for his victims?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What possessed him to kill my mother?

(END VIDEO CLIP)

KAGAN: When we come back, we'll talk with a man who witnessed his own mother's murder at the hands of the BTK killer.

(COMMERCIAL BREAK)

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Aired March 1, 2005 - 10:59   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RICK SANCHEZ, CNN ANCHOR: This will begin the second hour of CNN LIVE TODAY. And it begins -- you know when?
DARYN KAGAN, CNN ANCHOR: Right now.

SANCHEZ: Right.

KAGAN: And that means we're going to start with a look at what's happening "Now in the News."

Within the last hour, the U.S. Supreme Court issued a ruling striking down the death penalty for juveniles. The high court says the Constitution forbids executing killers who were under 18 when they committed their crimes. The 5-4 decision throws out the death sentences about 70 juvenile murders.

The worst is over, but effects linger from the latest winter storm to hit the Northeast. It dumped moderate to heavy snow along the East Coast and into New England. Many schools are closed. Some flights were canceled because of the storm.

The first prosecution witness takes the stand today in the Michael Jackson child molestation trial. Journalist Martin Bashir is expected to testify about a documentary on the pop star. First, though, Jackson's attorney finishes his opening statement. The trial resumes about 30 minutes from right now.

An annual State Department report out today cites human rights abuses by the interim Iraqi government. The report says the government has made progress in reversing the legacy of Saddam Hussein, but serious problems do remain.

We are watching the clock. Just past 11:00 a.m. on the East Coast, just past 8:00 on the West. From the CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.

SANCHEZ: And I'm Rick Sanchez. And let's get right to it.

An hour from now, the man accused of being the BTK serial killer will have his first court appearance in Kansas. If police are on the money on this, that would mean suspect Dennis Rader led a true double life as a church going husband and father-turned-monster. A man who did in plain sight among friends and family, a man authorities say viciously killed 10 times over three decades.

National correspondent Bob Franken is following the story for us. He's joining us from Wichita, where he's covering today's proceedings.

Bob, over to you.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: OK, Rick. And this is, in fact, called officially a first appearance. It is simply a very brief appearance. He won't even be here.

Dennis Rader will be in his jail cell, or where they have a video uplink. That is not unusual.

He will have the charges outlined to him. They will set a permanent bond. At the moment, it's $10 million. And according to the police, that's $1 million for each of the charges of murder that have been leveled against him.

And then an arraignment date will be set. And that usually comes about two weeks, although it can be moved back a bit.

Now, we have been told by a variety of sources that he has not asked for an attorney yet. So there will be one who is, in effect, standing in for him, representing him here today. A defense attorney in town named Richard May (ph), who is quite prominent, he has been involved in any number of cases, including murder cases.

One source said they just want to make sure they do it right, that there's no suggestion that his rights have not been protected. May (ph) tells me that he is here only today to operate on this. He does not expect to be the defense attorney for Dennis Rader.

It should be short. There is no inherent reason why we should even hear from Rader, although the judge may ask him a question or two. It's supposed to start at noon. These things have a way of slipping a little bit. But as I said, it is the first start in a long legal process which is going to try and unravel and bring accountability to the charges that have gone over so many decades -- Rick.

SANCHEZ: Bob, let me ask you about something else. The Supreme Court has indeed now struck down the death penalty for juvenile killers. An announcement that was made just earlier today.

Interestingly enough, you were there at the Supreme Court covering these proceedings as they were taking place. I'm wondering about your reaction on this day.

FRANKEN: Well, it's something that has shown an evolving attitude toward capital punishment. In this particular case, this is for a crime that was committed by a 17-year-old. But it occurred in the '90s.

But, of course, it was when he was a juvenile. And in earlier cases, the threshold was much earlier. But there has been an evolving view, as I said, about capital punishment.

A couple of years ago, the Supreme Court also ruled that people judged to be retarded also could not be executed. It's considered unconstitutionally cruel, in the words of Judge Anthony Kennedy, who wrote the opinion that prevailed this morning.

The other thing to note is it was once again very close, 5-4 decision. It shows that the Supreme Court is very torn over the issue of capital punishment.

SANCHEZ: National correspondent Bob Franken following that story for us from Wichita. Again, it's going to be his very first appearance in less than an hour now. And CNN will take you back to Wichita live at the top of the next hour for the suspected serial killer's court appearance. Noon Eastern, later this hour, our Jonathan Freed will try to answer the question, who is Dennis Rader?

KAGAN: Authorities in Florida are bringing in trained experts to help search for a missing girl. A sources says that investigators have precious little to go on in the case of 9-year-old Jessica Lunsford. On CNN's "AMERICAN MORNING," the sheriff was asked about the possibility that Jessica ran away.

(BEGIN VIDEO CLIP)

SHERIFF JEFF DAWSY, CITRUS COUNTY, FLORIDA: We just have not been able to validate that that is in her personality. That's the reason why we're not looking at that.

She seems to be a very abiding young girl who loved her grandmother very, very much. And her dad. And everything we hear is that this is not what she -- what her makeup is.

(END VIDEO CLIP)

KAGAN: Authorities have called off the full-scale volunteer searches. They're bringing in a state-trained search and rescue team for the next phase of the investigation. They'll be doing grid searches of the area.

SANCHEZ: Horrible story out of Chicago. A federal judge who was once the target of a murder plot returns home to find two relatives dead inside her Chicago house. CNN sources have confirmed that the victims were the husband and the mother of Judge Joan Humphrey Lefkow.

"The Chicago Tribune" says each was shot once in the head. Authorities gave no indication the killings were connected to the death threat against Judge Lefkow at this time. White supremacist Matthew Hale was convicted of trying to arrange her murder, the judge's murder, that is.

Chicago police have scheduled a news conference. It's going to take place in the next hour. CNN will carry that live for you here also.

A Maryland man charged with manslaughter is accused of holding a woman captive in a locked bedroom for six years. John Dougherty (ph) is being held on $350,000 bond now. Police say his common-law wife was found dead, lying on a filthy mattress surrounded by moldy food and waste. According to arrest documents, Dougherty (ph) told police that the woman suffered brain damage from an aneurysm. He said that he locked her up because she was constantly yelling and screaming at her children.

KAGAN: Now to news about your security. The government is not expected to raise the terror threat level in response to an intercepted communication from Osama bin Laden. Officials say the message was believed to be from bin Laden to Abu Musab al-Zarqawi to his top operative in Iraq. They say it reiterates that al Qaeda's desire to carry out another attack on U.S. soil, but there's no specific information on how or when or where an attack might take place.

A federal court ruling deals a blow to the case against the so- called dirty bomb suspect, Jose Padilla. But the Justice Department plans to appeal. A federal judge ruled that the government cannot continue to hold Padilla in military custody without filing criminal charges.

The order gives the government 45 days to charge him or let him go. His attorney -- Attorney General Alberto Gonzales reacted to that decision a short time ago.

(BEGIN VIDEO CLIP)

ALBERTO GONZALES, U.S. ATTORNEY GENERAL: And so we believe that that is a tool that a president has under our Constitution. As an additional matter, we believe that the authorization to use military force passed by the Congress shortly after the attacks of 9/11 gave the president the authority to use all appropriate and necessary force to deal with this threat. And that would include the detention of an American citizen, which is what the Supreme Court found in the Hamdi decision.

Now, the Hamdi decision is different, of course, because there you dealt with an American citizen captured overseas, a national theater battle. But we believe that the combination of Hamdi leads us to the conclusion, certainly as of today, that the president does have the authority to detainee Mr. Padilla.

(END VIDEO CLIP)

KAGAN: Padilla is suspected of plotting to set off a radioactive bomb and blow up apartments in the U.S. The attorney general, Alberto Gonzales, reacted to that decision, and you just heard that right there.

The man accused of taking part in an alleged plot to assassinate President Bush is set to appear in court today. Ahmed Abu Ali is expected to face a judge for a detention hearing in Washington this afternoon. His lawyer says he wants to show Ali is not a flight risk and should be released on bail.

CNN "Security Watch" keeps you up to date on safety. Stay tuned day and night for your most reliable news about your security. SANCHEZ: We are going to have a whole lot more on the BTK story coming up throughout this hour and, in fact, throughout the day, as you might expect.

KAGAN: The suspect faces a preliminary court appearance less than an hour from now. We'll bring that to you live when it happens.

Also, we're trying to answer the question that a lot of people are asking, who is Dennis Rader? That story coming up.

SANCHEZ: Also, a bitter reminder that winter really is not over yet. Not by a long shot. They are shoveling and shivering in the Northeast after another winter blast there. And we are going to have the latest on that for you as well.

Stay with us.

KAGAN: And a new development from the Vatican regarding the pope's health. An update when CNN LIVE TODAY returns.

(COMMERCIAL BREAK)

(WEATHER REPORT)

(COMMERCIAL BREAK)

SANCHEZ: We've been telling you throughout the morning about this 23-nation conference on the Middle East that's coming to a close now in London. Leaders from all over the world have been meeting there.

There's new Palestinian Prime Minister Mahmoud Abbas, or Abu Mazen, as he's called by some of his associates. He told the gathering that he will put his dozen or so security services under a central command. That's been a chief demand of the United States and the Israelis.

Delegates also looked at ways to back the Palestinians' political and financial reforms. The conference was organized by British Prime Minister Tony Blair. Secretary of State Condoleezza Rice is there, representing the United States. Israel did not participate.

KAGAN: In other news from around the world, the U.S. says it supports calls for democracy in Lebanon. Mobs of demonstrators -- we saw these pictures here yesterday -- they've taken to the streets, they demand a change in government and a complete withdrawal of Syrian troops.

Syrians are believed linked to the assassination of former Prime Minister Rafik Hariri last month. Meanwhile, Lebanon is searching for a new prime minister after yesterday's resignation of the Prime Minister Omar Karami.

In Iraq, 127 people are now said to be dead from Monday's massive suicide bombing in Hilla. An official says the death toll changed when some of those who were seriously injured died overnight. The attack was the deadliest single strike since the U.S.-led invasion began.

To Australia. Britain's Prince Charles visited a hospital that's treated victims of the terrorist bombings in Bali three years ago. The prince met with 10 victims of those bombings. It's part of the prince's five-day official tour of Australia.

And the pope is said to have begun speaking again. Vatican officials say the pontiff spoke in both German and Italian. The pope continues to recover from a tracheotomy after a relapse of his earlier breathing difficulty.

SANCHEZ: Years of preparation and weeks of waiting for good weather are finally over. Steve Fossett, he's on his way around the world, officially. He's currently flying over Morocco, we are told. Christina Park from our CNN.com desk takes us through this aerial adventure.

(BEGIN VIDEOTAPE)

CHRISTINA PARK, CNN ANCHOR: More than 100 years since the Wright brothers' first powered flight, mankind is still breaking records and boldly going where no one has gone before.

(voice-over): CNN.com is along for the ride as a retired investor tries to pilot an airplane alone nonstop around the world for the first time. Millionaire adventure Steve Fossett has set records in five different sports already, including sailing and ballooning. Well, this time, he'll take the Virgin Atlantic Global Flier around the globe.

Log on to CNN.com/tech to track his route from country to country, starting in Salina, Kansas. While you're there, click on a tutorial for one of the coolest planes you'll ever get to see. And don't forget to check in on the all-important record that Fossett hopes to set. He must log some 23,000 miles to make his goal, and he needs to fly fast before delirium sets in.

To help keep him awake, Fossett will be in contact with flight controllers. He'll also have a text messaging system and a satellite phone.

(on camera): To cheer him on and track his route, log onto CNN.com/tech.

I'm Christina Park at the dot-com desk.

(END VIDEOTAPE)

SANCHEZ: Sandra Garth wanted to lose some weight as part of the "New You Revolution." You know what the "New You Revolution" is, right?

KAGAN: Heard of it.

SANCHEZ: Yes. It's not the Chinese or the Russian or the French. It's the "New You Revolution." KAGAN: Well, she now has new motivation thanks to good news from her son in Iraq. Dr. Sanjay Gupta will explain ahead on CNN LIVE TODAY.

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SANCHEZ: Here's that "New You Revolution" we were just telling you about. CNN's Dr. Sanjay Gupta, he's going to take a look at how the five participants are doing as they head into the homestretch now. This is the eighth week, by the way.

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DR. SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT: Well, all five appear to be well on their way to breaking bad health habits. Now, for Leigh Ann, Jonathan and Sandra, there have been some unexpected developments.

LEIGH ANN RAYNOR, "NEW YOU" PARTICIPANT: My goal was to lose weight, to start exercising and to learn to cook.

GUPTA (voice over): But Leigh Ann has one other bad habit we really want her to tackle.

RAYNOR: Y'all won't leave me alone about the smoking.

GUPTA: So, we introduced her to her neighbor, who just happens to be the deputy chief medical officer for the American Cancer Society, Dr. Len Lichtenfeld.

RAYNOR: I mean, I've been smoking since I was 18, and I'm 49. And in terms of getting emphysema or heart disease, is it too late?

DR. LEN LICHTENFELD, AMERICAN CANCER SOCIETY: The answer is it's never too late.

GUPTA: She's already taking steps towards quitting. She tried hypnosis again, and she's come up with her own unique nicotine cessation program.

RAYNOR: My little baggy of cigarettes instead of carrying them in the pack. This way, I can keep count of exactly how many I smoke. And each day, I take one away. So, I have you know, one less each day until I get down to about 10. And then we'll see.

GUPTA: She's already smoking half a pack less than she used to.

Jonathan only wanted to stop biting his nails, something he's been quite successful at so far. But exercise and diet was not part of his "New You Revolution." And yet, he's eating better and exercising more. Why?

JONATHAN KARP, "NEW YOU" PARTICIPANT: Just because everybody else is, you know, doing it.

GUPTA: Watching the others made an impression on him. KARP: I heard Sandra's clip, you know, her battling with depression.

GUPTA: She also suffers from depression.

SANDRA GARTH, "NEW YOU" PARTICIPANT: I was diagnosed with it in 2002.

KARP: You know, I know about depression, too. So I know that that's just good to do. I've been down her road, and something that I didn't want to take pills either. You know, you've got to get out there and be just strong by being active.

GUPTA: Telling a national audience that she suffers from depression was a big step for Sandra, something we didn't know at the beginning of the "New You Revolution." We did, however, know about her son, Casey, and daughter-in-law, Teresa, who are stationed in Iraq. It was a big motivator for Sandra to get healthy. Now, she has more motivation.

GARTH: I got a phone call from Iraq. It was Casey. I knew from his e-mails that Teresa may be back to Germany last week. She is there safe and sound, thank God. And he's going to be leaving the 3rd or the 5th of March.

GUPTA: She'll lose her exercise buddy when grandson, Shannon, returns to his parents. But it's a sacrifice she's happy to make.

(on camera): And we just learned that Sandra's daughter-in-law, who you just met there, is now back in Detroit and has been reunited with her son. So some good news there.

Now, for Thekla and Harold, we thought they might benefit from some encouragement from a couple of last year's "New You" participants.

(voice-over): Thekla Fischer has come a long way in her "New You Revolution." But seven weeks into this she still has some anxiety about starting a family. So we introduced her to one of last year's new you participant, Michael Kirkbride.

His wife and fellow "New You-er," Pam, was on a business trip. But daughter Olivia joined her dad in sharing some "New You" wisdom.

THEKLA FISCHER, "NEW YOU" PARTICIPANT: The thing that scares me the most is just the time commitment.

MICHAEL KIRKBRIDE, FMR. "NEW YOU" PARTICIPANT: It's a constant struggle.

FISCHER: So, how long did it take before she started sleeping through the night?

KIRKBRIDE: I think she was six or seven months.

GUPTA: Thekla admits she's more comfortable with children that are old enough to carry on a conversation, but little Olivia found a way to lessen Thekla's fear and open her heart.

2004 "New You-er" Kim Everett and this year participant Harald Fricker joined for the same reasons: lose weight and get healthy.

We thought she might have some words of encouragement for him, so we hooked them up by phone.

KIM EVERETT, FMR. "NEW YOU" PARTICIPANT: So, I heard you lost 20 pounds. Congratulations on that.

HARALD FRICKER, "NEW YOU" PARTICIPANT: Thank you very much. Yes. It feels great.

GUPTA: Kim is still sticking to her "New You" new habits. She lost 10 pounds last year and has kept it off.

EVERETT: The "New You" just a year ago changed my life. So it's definitely going to change theirs.

GUPTA: Dr. Sanjay Gupta, CNN, for the "New You Revolution."

(END VIDEOTAPE)

KAGAN: Now we're going to give you your "Daily Dose" of health news.

A poultry market cleaner in Vietnam has reportedly contracted the bird flu. The virus has killed 47 people in Asia. Experts fear it could mutate into a form dangerous to humans and unleash a global influenza pandemic.

Your "Daily Dose" of health news is always just a click away. Just log onto CNN.com/health for the latest medical news, a health library, and information on diet and fitness.

SANCHEZ: Once again, the BTK suspect is now in jail, but does this answer the biggest question of them all for his victims?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What possessed him to kill my mother?

(END VIDEO CLIP)

KAGAN: When we come back, we'll talk with a man who witnessed his own mother's murder at the hands of the BTK killer.

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