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Beefing Up Iraqi Troops for Upcoming Elections; Mistrial Declared in Merck Trial; How Will New Orleans Celebrate Mardi Gras?

Aired December 12, 2005 - 10:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

DARYN KAGAN, CNN ANCHOR: Welcome back to CNN LIVE TODAY. I'm Daryn Kagan. Here's what's happening right "Now in the News."
A judge has just declared a mistrial in the first federal lawsuit over Vioxx. A Texas jury failed to reach a verdict after 18 hours of deliberations over three days. A unanimous verdict is required in federal lawsuits. Jurors were unable to determine whether Merck and Company was liable in a death in 2001.

And just a few minutes ago, the Supreme Court announced it will take up the issue of the Texas congressional map. Democrats have complained that Representative Tom DeLay engineered it to help Republicans win a majority of the state seats in Congress. Republicans were able to win 21 of 32 seats in the last election, up from 15 in the previous election. The justices will consider a constitutional challenge to the boundaries filed by various opponents.

Only two options remain to save the life of condemned killer Stanley Tookie Williams. Williams is scheduled to die at midnight after -- a minute after midnight in California's San Quentin Prison. His attorneys are hoping that Governor Arnold Schwarzenegger commutes Williams' sentence to life in prison. The last-ditch federal appeal is also in the works.

And American cattle ranchers have something to celebrate. Japan has lifted its two-year ban on U.S. beef. Japanese officials say new safety measures would decrease the public's risk of contamination due to mad cow disease. The U.S. announced it's ending its own ban on Japanese beef under certain conditions.

President Bush is trying to bolster support for his victory strategy in Iraq. The president will deliver his third of four planned speeches on what he describes as progress in Iraq. Today he's focusing on the political process as the country prepares for historic elections on Thursday. You can watch the president's speech in Philadelphia live on CNN about 45 minutes from now.

Some Iraqis -- medical patients, prisoners and soldiers -- are already casting ballots ahead of Thursday's general election. And while some are Iraqi troops that are voting, others are moving into Ramadi to beef up security of nationwide balloting.

CNN senior international correspondent Nic Robertson reports from that volatile Iraqi city.

(BEGIN VIDEOTAPE) NIC ROBERTSON, CNN SR. INTERNATIONAL CORRESPONDENT (voice-over): Iraqi T-55 tanks rumble into Ramadi, reconditioned relics of Saddam Hussein's old army sent in by Iraq's new government to help bring calm before elections later this week.

(on camera): It's a show of strength the Iraqi army hopes will teach the insurgents that they intend to be here, and they intend to stay. They want people, they say, to come out and vote in the elections.

UNIDENTIFIED MALE: If someone has a wound where it isn't cut off, we put a bandage on it.

ROBERTSON (voice-over): But bringing a more lasting peace to the country's most violent city means training its army.

UNIDENTIFIED MALE: Tie the knot on top of the wound.

ROBERTSON: For this Iraqi army platoon about, to go out on their first patrol without U.S. marines, perhaps their most important lesson of all.

ROBERT ASZTALOS, SENIOR CHIEF PETTY OFFICER: To have an aggressive fighting force, you have to know that if you're hit, if you're injured, that there's going to be somebody there who can take care of you.

ROBERTSON: Before the trainee soldiers leave the safety their base, one last chance to practice the tactics that could save their lives.

CAPT. TWAIN HICKMAN, U.S. MARINE CORPS: They've been training for probably two full months now with us integrated. And most of the time, up until this point, we've been integrated with them, moving along the streets. This time, this will be their first time that they've gone completely by themselves under our overwatch and our security.

UNIDENTIFIED MALE: Dropped those off slightly in the wrong spot, but ROP (ph) is right now here.

ROBERTSON: Out on the streets with the marines training Iraqi troops, things are not going quite according to plan. They're supposed to secure a house and oversee the Iraqis' first solo patrol, but both the Marines and the Iraqis get dropped off in the wrong place.

LT. JOHN REED, U.S. MARINE CORPS: It's difficult. It's difficult. Everybody is getting to know the area pretty well, though, so it's getting a lot of easier.

Hey, Corporal Vega (ph), we're going to break it down. They got dropped off one street to the East.

ROBERTSON: They move off to another house. The training session continues. The marines are waiting in the building here. The plan is for the Iraqi army to come down the street. It's hands-off training, and it's happening in the middle of a war zone. A few minutes later, the Iraqi troops arrive, patrolling, just as they did on base.

REED: I'd rate them -- if you're going to go like A to D average, I'd say that they are probably B-plus, because they communicated well, they patrolled well.

ROBERTSON: Already one Iraqi battalion has taken control of the city, with good results, according to U.S. commanders. How long before they can run the rest of Ramadi depends a large part on training.

BRIG. GEN. JAMES WILLIAMS, U.S. MARINE CORPS: So that could take some time. That could be done in a year, could be done in two years, might take three years.

ROBERTSON: For this Iraqi army platoon, training seems almost complete.

UNIDENTIFIED MALE: Bush, very good. Good, very good.

ROBERTSON: Nic Robertson, CNN, Ramadi, Iraq.

(END VIDEOTAPE)

KAGAN: And once again, about 40 minutes from now, we expect President Bush to be making comments from Philadelphia, Pennsylvania, the third in four speeches on trying to build public support for Iraq.

Right now want to get back to two developing legal stories in the news this morning. The first one, the Vioxx trial, the first federal Vioxx trial, against Merck and Company, trying to figure out if they were responsible for a death in 2003. One of 7,000 lawsuits that Merck and Company face. A federal judge in Houston today declared a mistrial today in that case, eighteen hours after the jury deliberated and was unable to reach a verdict.

Let's bring in Kendall Coffey, one of our legal analysts, to talk about this. Kendall, 18 hours, is that a long time in a federal trial for a jury to deliberate?

KENDALL COFFEY, CNN LEGAL ANALYST: Well, it's certainly not setting records. But what's intriguing is to get a mistrial on a civil case. Doesn't happen very often. We see, when we talk about hung juries, Daryn, it's typically criminal cases. In a civil case, even though a jury theoretically isn't supposed to, they have the ability -- because it's about money -- to enter compromised verdicts.

So normally, if there's strong feelings, a strong divide within the jury, they can come up with some way to come up with a verdict in a civil case. Didn't happen here. Underscores the intensity of this debate. And we've already seen split verdicts. Vioxx got hammered in one verdict by one jury. They won another case. Now in a third trial, a federal trial, you have the unusual dynamic of a jury that couldn't make up its mind. KAGAN: But even if this goes away, I mean, there's still 7,000 additional lawsuits that Merck and Company is facing. This is a legal disaster for this drug company.

COFFEY: It's a potential catastrophe, but Merck and Vioxx are going absolutely to the mats to fight every single case, and I think their view is that these early cases are going to be critical. Because if they can get a winning record going, then all of a sudden, the settlement equation, the discouragement equation, becomes very important. If they start -- if they lose a few more cases, then there could be a flood tide of absolutely catastrophic litigation results.

KAGAN: Kendall, let's move on to the other big legal story today. The Supreme Court, the U.S. Supreme Court, agreeing to look at the constitutionality of the congressional map, that Texas congressional map that was drawn up by Republican Tom DeLay that helped Republicans gain so many seats in Congress from Texas. The Supreme Court is going to look at that. How does that decision have to relate to what the legal troubles that Tom DeLay faces back in Texas?

COFFEY: No direct connection, because this issue is about the constitutionality of Texas coming in after the usual redistricting time. As you know, every ten years, there's a census taken onto the constitution, that's when redistricting takes place. This time, redistricting was done separately and additionally to create a swing of six seats to the Republican party. It has huge implications in terms of the balance of power in the U.S. Congress.

With respect to Tom DeLay's criminal case, not a direct impact, but once again, Tom DeLay in the center of the news, in the center of a controversy.

KAGAN: All right. Kendall Coffey, live on the phone, live from Miami. Kendall, thank you for that.

And we will take a break. And we're back after this.

(COMMERCIAL BREAK)

KAGAN: Let's look at pictures from Philadelphia International Airport, live pictures. That's Air Force one just arriving there with President Bush onboard. He is coming to Philadelphia today to make the third in a series of four speeches about Iraq, and trying to increase public support. You'll see those comment live here on CNN at 11:15 a.m. Eastern.

In the news today, more signs of inefficiency from FEMA in the wake Of Hurricane Katrina. Statistics tallied by the Federal Emergency Management Agency showed thousands of mobile homes ordered to house evacuees sit empty in Texas and Arkansas. In all, FEMA spent $500 million for 20,000 trailers, but as of last week fewer than 1,000 were actually occupied.

February 28th usually means party time in New Orleans, and right now the Crescent City is gearing up for a post-Katrina Mardi Gras celebration, but some displaced residents say now is not the time to party, because so many are dealing with the devastation left behind by Hurricane Katrina.

Our Gulf Coast correspondent Susan Roesgen has details.

(BEGIN VIDEOTAPE)

SUSAN ROESGEN, CNN GULF COAST CORRESPONDENT (voice-over): To the rest of the nation it's just another Tuesday. But, in New Orleans, French for Fat Tuesday, is the biggest day of the year.

This isn't just a show for out-of-towners, it's the soul of the city strutting its stuff. A local celebration that just happens to be fascinating for the rest of the world.

When the Mardi Gras parades roll her on Saint Charles Avenue, more than a million people, tourists and locals, line the street. But hundreds of thousands of New Orleanians aren't here now and many won't be able to come back by Mardi Gras. They're stuck in other cities and their angry.

RAY NAGIN, MAYOR, NEW ORLEANS: Time out. Time out, everybody.

ROESGEN: At a recent town meeting for evacuees in Atlanta, New Orleans' Mayor, Ray Nagin, got blasted for the slow pace of the city's recovery.

This weekend, some evacuees came back to New Orleans to demand that the city help them get home and forget about Mardi Gras for now.

CLARA RITA BATHOLEMY, EVACUEE: We don't need to party. I'm homeless right now. I have an apartment in San Francisco. I'm sleeping on the floor. I'm hungry at times because it's very expensive in San Francisco. So, if Mardi Gras ain't going to put food on my table, give me a house full of furniture, then they can have it. As far as I'm concerned, we don't need it.

ROESGEN: The group had its own parade. A protest march on city hall.

MTANGULIZI SANYAKA, PROTEST ORGANIZER, NEW ORLEANS: I think that neighborhoods should do what they traditionally do to honor and respect their cultures. But as far as inviting a lot of outside guests to come into New Orleans to a big commercial holiday, I think that should not happen.

ROESGEN: In a good year, Mardi Gras pumps more than a billion dollars into the local economy. And it's one of the few big events not blown away by Katrina. The Superdome is out of commission. The Sugar Bowl is skipping town for Atlanta. And countless conventions have been canceled.

In a city that depends on tourism to stay alive, leaders of the hotel and convention business say Mardi Gras must go on.

STEVE PERRY, NEW ORLEANS CVB: We have to be responsible for paving the way for the return of our brothers and sisters who are not able to move back into their jobs, who do not have a place to stay. Because it's up to us to rebuild the economic base of this city.

ROESGEN: But it's not just the money. Charles Bendzans is a float painter who says people can't rebuild their houses 24 hours a day. They need a break to enjoy something beautiful.

CHARLES BENDZANS, FLOAT PAINTER: The art we do is the best in the world of it's type. It doesn't go in a museum; it goes on the street. It's for the people. And I think the people want it. Watch. Watch when Mardi Gras comes. Will people be out at the parades? I bet you they will be.

ROESGEN: Like Christmas, Mardi Gras is a day on the calendar that can't be stopped. But the city must decide how much it wants to celebrate that day, and the whole world will be watching.

Susan Roesgen, CNN, New Orleans.

(END VIDEOTAPE)

KAGAN: Is life imitating art in New York City? A crime scene in the Bronx: an officer is dead, and an actor who has played a mobster and tough guy is wounded, and faces murder charges. We're going to tell you all about that when we come back.

(COMMERCIAL BREAK)

KAGAN: Live pictures from Philadelphia International Airport. Air Force One just touched down a few minutes ago. President Bush is onboard. We have yet to see him come out the door and down the steps yet. The president is heading to the Park Hyatt Hotel. He will be making an address in front of World Affairs Council. And President Bush making the third in a series of four speeches, trying to build public support in Iraq. And of course CNN will have live coverage of the president's speech. It's supposed to begin in about 25 minutes.

(MARKET REPORT)

KAGAN: As we switch over to live pictures from Philadelphia, Pennsylvania, President Bush just getting in the back of that limousine, He'll be heading over to the Park Hyatt Hotel. President Bush, while we were listening to Susan, we saw him walk down the steps of Air Force One with the two senators from Pennsylvania, Arlen Specter and Rick Santorum. There we go. Get those pictures back going.

With the parliamentary elections getting under way with Iraq, with the main election day on Thursday, the president will focusing on the political aspects and political developments in Iraq. He's making the speech in Philadelphia, such a key, important place in terms of democracy in this country. And those comments will start in just a little under 20 minutes. You'll see them live right here on CNN.

Meanwhile, for the second time in as many weeks, a New York City police officer has been killed. And a 29-year-old actor, who is known for playing mafia characters in movies and television, is now facing charges.

Our Chris Huntington reports, it's a drama that is too real for everyone involved.

(BEGIN VIDEOTAPE)

CHRIS HUNTINGTON, CNN CORRESPONDENT (voice-over): That man shooting at Tony Soprano's nephew is actor Lillo Brancato. Brancato's character didn't fare to well after that. He was rubbed out mob style. But that was TV drama. Cut to real life and Brancato is in real trouble. He is now one of two murder suspects in the slaying of New York City Policeman Daniel Enchautegui.

According to the police, before dawn on Saturday, Enchautegui, who had only been home and asleep a few hours after working a late shift, woke up to the sound of breaking glass. He grabbed his gun, police badge and his cell phone and went outside to investigate. When he saw a broken basement window next door, he suspected a burglary and called in for backup. But before help arrived, a gun battle broke out.

Officer Enchautegui encountered two men rushing out of a building, 29-year-old actor Lillo Brancato and 48-year-old Steven Armento, who has a history of prior convictions and arrests related to drugs and weapons. Enchautegui told them to stop and that he was a cop. But police say Armento, armed with a 357 Smith & Wesson revolver shot and hit Enchautegui right near his heart.

Mortally wounded, Enchautegui shot back, hitting Brancato twice and Armento four times. When other police finally got there, their fellow cop was on his back, barely breathing. Brancato was up the street, slumped over an SUV. Armento still up and armed surrendered. All three were taken to a nearby hospital but 28-year-old officer Daniel Enchautegui did not survive.

MAYOR MICHAEL BLOOMBERG, NEW YORK CITY: He did everything he could, just as he was trained to do. This is a devastating example of the bravery and dedication of this police officer who had just finished a shift a few hours earlier. Sadly, this is the second police officer to be murdered in the last two weeks.

HUNTINGTON: That officer, Dillon Stewart, died under similar circumstances. Shot while investigating a suspicious driver, he still chased down the suspect. Like Stewart, Enchautegui is considered to have died in the line of duty. Brancato, who built his career playing street thugs, now finds himself in more serious trouble than he ever encounters as an actor.

CNN was unable to contact anyone representing the suspect. And the Bronx district attorney said he is unaware of whether the suspects have attorneys at this point.

Chris Huntington, CNN, New York.

(END VIDEOTAPE) KAGAN: Let's take a look at other stories making news coast-to- coast. A New Hampshire community says farewell to Sarah and Phillip Gehring. The bodies of the 14-year-old girl and her 11-year-old brother were found last week in Ohio, two and a half years after their disappearance. The father admitted killing both children before his jailhouse suicide.

Teenaged girls are drinking a lot more than their mothers realize. That's according to a new survey. It says that nearly a third of 16 to 18-year-old girls say they drink with friends, but only 9 percent of their mothers know about it. The Century Council, which is funded by the Alcohol Industry, commissioned the study. Tomorrow we'll talk about the issue with a chair of the organization, former New York Congresswoman Susan Molinari. That's right here on CNN LIVE TODAY.

Ahead in the next hour of CNN LIVE TOADY, live remarks from President Bush on the future of Iraq. This is the third in a series of four speeches he's giving about the U.S. commitment to that country. We'll get reaction from a cross-section of Americans and complete analysis from our CNN correspondents.

The second hour of CNN LIVE TODAY begins after a quick break.

(COMMERCIAL BREAK)

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