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American Morning

Ads Air in Battleground States; Interview With Brian Neary; Scott Peterson Case

Aired March 04, 2004 - 9:00   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.


(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Senator Kerry's been in Washington long enough to take both sides on just about every issue.

(END VIDEO CLIP)

BILL HEMMER, CNN ANCHOR: Good morning. The president knows who he's up against now, taking his fight to the White House straight to John Kerry.

A sensational trial in Houston. What happens to the woman who tied her husband to a bed and stabbed him 193 times?

Thirty minutes until the bell. How will the markets react to the new look at Disney? Michael Eisner losing half his power, ahead this morning on AMERICAN MORNING.

ANNOUNCER: From the CNN broadcast center in New York, this is "American morning" with bill Hemmer and Soledad O'Brien.

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome everybody.

Other stories that we're following this morning, the man slaughter trial of former NBA star Jayson Williams continues today with more testimony from a friend who witnessed the shooting. We're going to talk to a criminal defense attorney who defended Williams on a gun charge a few years back and get his take on what he thinks is going to happen this time around.

HEMMER: Also this hour, lawyers getting ready for the Scott Peterson trial starting to look for jurors. Always a complicated process, especially in a high-profile trial. Wait till you hear what's going into this one to find those jurors. We'll have it for you in a moment.

O'BRIEN: Mr. Cafferty, good morning.

JACK CAFFERTY, CNN ANCHOR: How are you doing? Images of ground zero appearing in political ads for President Bush as the re-election campaign gets under way. Appropriate use of those pictures or not? Am@cnn.com.

O'BRIEN: All right, Jack. Thank you. Top stories now. Coalition forces in Iraq are planning to bolster police forces along the country's borders. The strength in security is in response to Tuesday's deadly bombings in Baghdad and Karbala. The top U.S. official in Iraq, Paul Bremer, says it is "increasingly apparent that militants from outside the country are responsible for the acts." More than 100 people died in those bombings.

In Haiti, rebel leader Guy Philippe says his forces will lay down their weapons. Philippe says the decision follows a meeting with the head of the U.S. Marine contingent in Haiti. The Marines are now fanning out across Haiti's capital as parted of a stepped-up presence there.

Arizona authorities have discovered nearly 200 illegal immigrants inside a so-called drop house in Phoenix. The immigrants were escorted into police vans yesterday. Authorities say about 50 others fled. Police say they went to the home after getting a tip from a neighbor about some suspicious activities. No food or furniture was found inside that house.

And here in New York, supporters of same-sex marriage are taking to the streets. A big demonstration taking place outside City Hall. A group demanding that Mayor Bloomberg instruct city clerks to start issuing same-sex marriage licenses. That protest, a live shot of that right now, they're just getting under way there, and it's expected to be a pretty large protest.

(WEATHER REPORT)

HEMMER: Three minutes past the hour, we'll start with politics this hour. President Bush's first TV ads of the campaign year start airing today, running in 17 mostly battleground states, as well as national cable networks, including this one, CNN. Those ads describing Mr. Bush as a steady leader in times of change. And some of the ads use images related to 9/11, which has angered the families of some of the 9/11 victims.

A bit earlier today in our program, Bush campaign adviser Karen Hughes defended the use of those images. Here's Karen Hughes on that.

(BEGIN VIDEO CLIP)

KAREN HUGHES, BUSH CAMPAIGN ADVISER: We've seen a lot of anger and invective throughout the course of the Democratic primary process. These are optimistic ads because President Bush is an optimistic leader. You know, these ads are a reminder of the extraordinary three years that we've had.

(END VIDEO CLIP)

HEMMER: Karen Hughes from earlier. Right now, CNN political analyst Donna Brazile joins us. Also a former Democratic strategist.

Donna, nice to see you, Donna. Good morning to you.

DONNA BRAZILE, CNN POLITICAL ANALYST: Good morning, Bill.

HEMMER: Two days removed from Super Tuesday, is the criticism fair? How do you use the images of 9/11, which is so seared in just about every aspect of our society today, and do it in a way that does not offend?

BRAZILE: Well, first of all, Bill, that was a moment when this country came together. We shed tears, we shared blood. We felt a certain sense of unity, a bonding with each other.

It's a shame that the Bush campaign would use it for partisan personal gain and not allow the families to continue to grieve and mourn their loss. We need ads that are uplifting, and John Kerry will provide those ads that are uplifting, that will remind the American people that after three years on his watch, George Bush still does not have a plan to grow the economy, to reduce the deficits, and to lower the cost of health insurance.

HEMMER: But back to the suggestion about 9/11, are you saying don't use it at all?

BRAZILE: I think to use it for a partisan gain, a partisan advantage, is just -- it's a mistake. The American people...

HEMMER: But it's defined his presidency, Donna. How do you avoid that?

BRAZILE: Well, of course it defined his presidency. But you know what? Do you know what's missing in those ads? What's missing is Tom Daschle and Dick Gephardt and other Americans who stood side by side with this president as we re-launched the war on terrorism.

So that's what's missing. But to use ads in this way for partisan advantage, well, Democrats will have to respond.

HEMMER: Let me use the words of the president going after John Kerry already on three different issues. He says, he waffles on issues and votes, will raise your taxes if he's president, and does not have a clear plan for the war on terror. What will be the Democratic strategic response to those three charges?

BRAZILE: Well, first of all, I don't believe the president has read John Kerry's record. John Kerry has had a distinguished career in the United States Senate.

He's led on the environment, he's led on the economy, he's a deficit hawk. And under George Bush's watch, John Kerry has supported our troops in the field, he's supported our veterans when they've come home. I think that they should take a real deep look at John Kerry's record, and they will find that this man has been re-elected because he stood and he's fought for the American people.

HEMMER: Let's talk about who his partner will be eventually. By the way, when do you think it's going to come out? I mean, could it be after the 1st of June, about a month before the convention? BRAZILE: Well, conventional wisdom is always a week or two before the convention. Who knows. It may be a month or two before the convention.

We all know that John Kerry has a long list of Democrats to choose from. Some of my favorites, of course, are Dick Gephardt of Missouri. He would bring strong Midwestern values to the ticket.

John Edwards, who had an exceptional campaign, a southerner who could help us in the South. I also believe that Jan Napolitano, a governor out West, could also balance the ticket. Bill Richardson, the governor from New Mexico. Another governor, Tom Vilsack, Ed Rendell.

Look, I would hope that John Kerry would take a look at all of these great Democrats, including my home state senator, Mary Landrieu. I could go on and on.

HEMMER: Would you go to Florida, Bob Graham, Bill Nelson?

BRAZILE: Bob Graham, Bill nelson, of course. That's a battleground state. Those are 27 electoral votes up for grabs.

I also believe that he may look outside the box. Look at Bob Rubin, look at Rodney Slater, Alexis Herman, someone who served in the Clinton administration. He may have a real dynamic team.

HEMMER: The list is going on and on. And so many times it's a surprise, too. So who knows?

BRAZILE: Absolutely.

HEMMER: Thank you, Donna. See you tomorrow, OK, for...

BRAZILE: Bill, are you old enough to be on the ticket?

HEMMER: Yes, as a matter of fact I am. Why?

BRAZILE: You're over 35. OK. I might throw your name out.

HEMMER: I'm a lot older than I look, let me tell you.

BRAZILE: All right.

HEMMER: See you tomorrow, and give me a minute, Donna, OK?

BRAZILE: Thank you.

HEMMER: All right. Coming up at the bottom of the hour, more of that interview with Bush adviser Karen Hughes. You'll see it all here on AMERICAN MORNING.

Now Soledad, across the room.

O'BRIEN: Vice President Hemmer. I'm not sure my heart can take that, Bill. Let's turn now to the Jayson Williams trial. An eyewitness says that Jayson Williams had his finger near the trigger of a shotgun just as it went off, killing limo driver Gus Christofi. NBA player right before the gun went off. NBA player Benoit Benjamin, now with the Harlem Globetrotters, testified that he was three feet from Williams when he was shot.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Did you hey the defendant say anything after the shooting?

BENOIT BENJAMIN, NBA PLAYER: Yes.

UNIDENTIFIED MALE: What was that?

BENJAMIN: "What am I gonna do? I just (EXPLETIVE DELETED) up my life."

(END VIDEO CLIP)

O'BRIEN: Attorney Brian Neary defended Jayson Williams on a gun charge back in 1994. Joining us this morning with some analysis.

Nice to see you again. Thanks for being with us.

BRIAN NEARY, CRIMINAL DEFENSE ATTORNEY: Good morning, Soledad.

O'BRIEN: Benoit Benjamin, a former teammate, who describes himself as a friend, has some really damaging testimony, especially in light of what you and I talked about earlier in the week, the prosecution trying to show recklessness. Do you think that his testimony was utterly damaging?

NEARY: The prosecutor got three things that were very important to their case from Mr. Benjamin's testimony. One, drinking. He said that Williams was so drunk that he had to pray on the way home as they were driving.

Secondly, he ads now an element where Benjamin says that Williams was focusing his ire, so to speak, on Christofi. He cursed at him.

And then, finally, he also testified for the first time that somebody saw Williams put his finger in the trigger of the gun as it got pulled up. So three things that the prosecutor was looking for from Benoit Benjamin's testimony, all of which go to the issue of recklessness.

O'BRIEN: Then there's some problematic things. For example -- and, again, you and I talked about this a little bit earlier in the week -- Benjamin admitted that he lied in his initial statement, saying, "I wanted to help my friend. I lied like all of us lied." I mean, that's a problem when a witness has a story, changes the story, comes back on the stand with a new story.

NEARY: Well, from the defense side, their attack on Mr. Benjamin is just as you said. He's now told inconsistent stories about what happened.

Secondly, he not only got a deal, an absolute pass. He was given immunity for his testimony. So there's an issue as to whether or not he sculpts his testimony to earn his immunity.

The third thing has to do with the trigger finger. When he was asked to do a demonstration in the courtroom -- he described it as Williams finger being in the trigger. When he did it the courtroom, he didn't have his finger in the trigger. And the judge himself said, "Did you see Williams with his finger on the trigger?"


Aired March 4, 2004 - 9:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Senator Kerry's been in Washington long enough to take both sides on just about every issue.

(END VIDEO CLIP)

BILL HEMMER, CNN ANCHOR: Good morning. The president knows who he's up against now, taking his fight to the White House straight to John Kerry.

A sensational trial in Houston. What happens to the woman who tied her husband to a bed and stabbed him 193 times?

Thirty minutes until the bell. How will the markets react to the new look at Disney? Michael Eisner losing half his power, ahead this morning on AMERICAN MORNING.

ANNOUNCER: From the CNN broadcast center in New York, this is "American morning" with bill Hemmer and Soledad O'Brien.

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome everybody.

Other stories that we're following this morning, the man slaughter trial of former NBA star Jayson Williams continues today with more testimony from a friend who witnessed the shooting. We're going to talk to a criminal defense attorney who defended Williams on a gun charge a few years back and get his take on what he thinks is going to happen this time around.

HEMMER: Also this hour, lawyers getting ready for the Scott Peterson trial starting to look for jurors. Always a complicated process, especially in a high-profile trial. Wait till you hear what's going into this one to find those jurors. We'll have it for you in a moment.

O'BRIEN: Mr. Cafferty, good morning.

JACK CAFFERTY, CNN ANCHOR: How are you doing? Images of ground zero appearing in political ads for President Bush as the re-election campaign gets under way. Appropriate use of those pictures or not? Am@cnn.com.

O'BRIEN: All right, Jack. Thank you. Top stories now. Coalition forces in Iraq are planning to bolster police forces along the country's borders. The strength in security is in response to Tuesday's deadly bombings in Baghdad and Karbala. The top U.S. official in Iraq, Paul Bremer, says it is "increasingly apparent that militants from outside the country are responsible for the acts." More than 100 people died in those bombings.

In Haiti, rebel leader Guy Philippe says his forces will lay down their weapons. Philippe says the decision follows a meeting with the head of the U.S. Marine contingent in Haiti. The Marines are now fanning out across Haiti's capital as parted of a stepped-up presence there.

Arizona authorities have discovered nearly 200 illegal immigrants inside a so-called drop house in Phoenix. The immigrants were escorted into police vans yesterday. Authorities say about 50 others fled. Police say they went to the home after getting a tip from a neighbor about some suspicious activities. No food or furniture was found inside that house.

And here in New York, supporters of same-sex marriage are taking to the streets. A big demonstration taking place outside City Hall. A group demanding that Mayor Bloomberg instruct city clerks to start issuing same-sex marriage licenses. That protest, a live shot of that right now, they're just getting under way there, and it's expected to be a pretty large protest.

(WEATHER REPORT)

HEMMER: Three minutes past the hour, we'll start with politics this hour. President Bush's first TV ads of the campaign year start airing today, running in 17 mostly battleground states, as well as national cable networks, including this one, CNN. Those ads describing Mr. Bush as a steady leader in times of change. And some of the ads use images related to 9/11, which has angered the families of some of the 9/11 victims.

A bit earlier today in our program, Bush campaign adviser Karen Hughes defended the use of those images. Here's Karen Hughes on that.

(BEGIN VIDEO CLIP)

KAREN HUGHES, BUSH CAMPAIGN ADVISER: We've seen a lot of anger and invective throughout the course of the Democratic primary process. These are optimistic ads because President Bush is an optimistic leader. You know, these ads are a reminder of the extraordinary three years that we've had.

(END VIDEO CLIP)

HEMMER: Karen Hughes from earlier. Right now, CNN political analyst Donna Brazile joins us. Also a former Democratic strategist.

Donna, nice to see you, Donna. Good morning to you.

DONNA BRAZILE, CNN POLITICAL ANALYST: Good morning, Bill.

HEMMER: Two days removed from Super Tuesday, is the criticism fair? How do you use the images of 9/11, which is so seared in just about every aspect of our society today, and do it in a way that does not offend?

BRAZILE: Well, first of all, Bill, that was a moment when this country came together. We shed tears, we shared blood. We felt a certain sense of unity, a bonding with each other.

It's a shame that the Bush campaign would use it for partisan personal gain and not allow the families to continue to grieve and mourn their loss. We need ads that are uplifting, and John Kerry will provide those ads that are uplifting, that will remind the American people that after three years on his watch, George Bush still does not have a plan to grow the economy, to reduce the deficits, and to lower the cost of health insurance.

HEMMER: But back to the suggestion about 9/11, are you saying don't use it at all?

BRAZILE: I think to use it for a partisan gain, a partisan advantage, is just -- it's a mistake. The American people...

HEMMER: But it's defined his presidency, Donna. How do you avoid that?

BRAZILE: Well, of course it defined his presidency. But you know what? Do you know what's missing in those ads? What's missing is Tom Daschle and Dick Gephardt and other Americans who stood side by side with this president as we re-launched the war on terrorism.

So that's what's missing. But to use ads in this way for partisan advantage, well, Democrats will have to respond.

HEMMER: Let me use the words of the president going after John Kerry already on three different issues. He says, he waffles on issues and votes, will raise your taxes if he's president, and does not have a clear plan for the war on terror. What will be the Democratic strategic response to those three charges?

BRAZILE: Well, first of all, I don't believe the president has read John Kerry's record. John Kerry has had a distinguished career in the United States Senate.

He's led on the environment, he's led on the economy, he's a deficit hawk. And under George Bush's watch, John Kerry has supported our troops in the field, he's supported our veterans when they've come home. I think that they should take a real deep look at John Kerry's record, and they will find that this man has been re-elected because he stood and he's fought for the American people.

HEMMER: Let's talk about who his partner will be eventually. By the way, when do you think it's going to come out? I mean, could it be after the 1st of June, about a month before the convention? BRAZILE: Well, conventional wisdom is always a week or two before the convention. Who knows. It may be a month or two before the convention.

We all know that John Kerry has a long list of Democrats to choose from. Some of my favorites, of course, are Dick Gephardt of Missouri. He would bring strong Midwestern values to the ticket.

John Edwards, who had an exceptional campaign, a southerner who could help us in the South. I also believe that Jan Napolitano, a governor out West, could also balance the ticket. Bill Richardson, the governor from New Mexico. Another governor, Tom Vilsack, Ed Rendell.

Look, I would hope that John Kerry would take a look at all of these great Democrats, including my home state senator, Mary Landrieu. I could go on and on.

HEMMER: Would you go to Florida, Bob Graham, Bill Nelson?

BRAZILE: Bob Graham, Bill nelson, of course. That's a battleground state. Those are 27 electoral votes up for grabs.

I also believe that he may look outside the box. Look at Bob Rubin, look at Rodney Slater, Alexis Herman, someone who served in the Clinton administration. He may have a real dynamic team.

HEMMER: The list is going on and on. And so many times it's a surprise, too. So who knows?

BRAZILE: Absolutely.

HEMMER: Thank you, Donna. See you tomorrow, OK, for...

BRAZILE: Bill, are you old enough to be on the ticket?

HEMMER: Yes, as a matter of fact I am. Why?

BRAZILE: You're over 35. OK. I might throw your name out.

HEMMER: I'm a lot older than I look, let me tell you.

BRAZILE: All right.

HEMMER: See you tomorrow, and give me a minute, Donna, OK?

BRAZILE: Thank you.

HEMMER: All right. Coming up at the bottom of the hour, more of that interview with Bush adviser Karen Hughes. You'll see it all here on AMERICAN MORNING.

Now Soledad, across the room.

O'BRIEN: Vice President Hemmer. I'm not sure my heart can take that, Bill. Let's turn now to the Jayson Williams trial. An eyewitness says that Jayson Williams had his finger near the trigger of a shotgun just as it went off, killing limo driver Gus Christofi. NBA player right before the gun went off. NBA player Benoit Benjamin, now with the Harlem Globetrotters, testified that he was three feet from Williams when he was shot.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Did you hey the defendant say anything after the shooting?

BENOIT BENJAMIN, NBA PLAYER: Yes.

UNIDENTIFIED MALE: What was that?

BENJAMIN: "What am I gonna do? I just (EXPLETIVE DELETED) up my life."

(END VIDEO CLIP)

O'BRIEN: Attorney Brian Neary defended Jayson Williams on a gun charge back in 1994. Joining us this morning with some analysis.

Nice to see you again. Thanks for being with us.

BRIAN NEARY, CRIMINAL DEFENSE ATTORNEY: Good morning, Soledad.

O'BRIEN: Benoit Benjamin, a former teammate, who describes himself as a friend, has some really damaging testimony, especially in light of what you and I talked about earlier in the week, the prosecution trying to show recklessness. Do you think that his testimony was utterly damaging?

NEARY: The prosecutor got three things that were very important to their case from Mr. Benjamin's testimony. One, drinking. He said that Williams was so drunk that he had to pray on the way home as they were driving.

Secondly, he ads now an element where Benjamin says that Williams was focusing his ire, so to speak, on Christofi. He cursed at him.

And then, finally, he also testified for the first time that somebody saw Williams put his finger in the trigger of the gun as it got pulled up. So three things that the prosecutor was looking for from Benoit Benjamin's testimony, all of which go to the issue of recklessness.

O'BRIEN: Then there's some problematic things. For example -- and, again, you and I talked about this a little bit earlier in the week -- Benjamin admitted that he lied in his initial statement, saying, "I wanted to help my friend. I lied like all of us lied." I mean, that's a problem when a witness has a story, changes the story, comes back on the stand with a new story.

NEARY: Well, from the defense side, their attack on Mr. Benjamin is just as you said. He's now told inconsistent stories about what happened.

Secondly, he not only got a deal, an absolute pass. He was given immunity for his testimony. So there's an issue as to whether or not he sculpts his testimony to earn his immunity.

The third thing has to do with the trigger finger. When he was asked to do a demonstration in the courtroom -- he described it as Williams finger being in the trigger. When he did it the courtroom, he didn't have his finger in the trigger. And the judge himself said, "Did you see Williams with his finger on the trigger?"