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American Morning
Legal Analysis of Michael Jackson Case, Scott Peterson Trial, Supreme Court Rulings; '90-Second Pop'
Aired June 25, 2004 - 07:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: But they say the president is considering others. Administration sources previously indicating it was unlikely a replacement would be named before the November elections. Tenet is set to leave the director post next month. More on this throughout the morning -- Soledad.
SOLEDAD O'BRIEN, CNN ANCHOR: All right, lots of legal news to talk about this morning as well.
Another pretrial hearing is scheduled today in Michael Jackson's child molestation case. The pop star is not expected to be in court with his lawyers. CNN's senior legal analyst, Jeff Toobin, joins us to talk more about that case. Also, we've got some significant Supreme Court rulings to talk about. So, let's get right to it.
JEFFREY TOOBIN, CNN LEGAL ANALYST: We do.
O'BRIEN: Why does Michael Jackson not have to be there for his hearing?
TOOBIN: Because the judge has said -- and this is not all that uncommon -- that unless he has to actually do something, make a decision, he doesn't have to be there. It makes the security job a lot easier. It makes the scene a lot more controllable. We don't have the craziness that we saw with him dancing on top of the car.
O'BRIEN: What's supposed to happen today?
TOOBIN: A lot of discussions about what documents should remain under seal or not. There's been a tremendous amount of litigation in this case conducted in secret, which is very unusual. But I think the big news you're likely to see today or very soon is the trial date moved from September to perhaps as late as January. There's still a lot to do in this case, and September is really unrealistic.
O'BRIEN: What have you heard from this report, I think it comes from ABC News, that says that witnesses will testify that actually Michael Jackson did not give alcohol to the accuser, and at the time the mother was present when alcohol was actually consumed? I mean, this really could be a bombshell. I hate to use that phrase for every legal case we're talking about today, but it's a bit little appropriate, because a lot of the case hinges on this.
TOOBIN: Well, I think what you're going to see in this case is the defense putting the family of the accuser on trial. The mother is going to be a big target. She's a more acceptable target. The jury is likely to take out hostility on her rather than the accuser himself, who's got so many problems, who has cancer. That they are going to go after the mother very heavily, and that's one avenue they're going to use.
O'BRIEN: And he's a kid and it probably doesn't bode well to pick on a child in a trial.
Let's talk about Scott Peterson's murder trial. Earlier, we were talking to reporter Gloria Gomez about what happened yesterday. We had a detective on the stand who essentially said he omitted, he took out information from his report that maybe should have been left in.
TOOBIN: It's really bad for the prosecution on two levels. One is, it shows the police, at best, were incompetent, or at worst, really targeting Scott Peterson and malevolently going after him. But second, it really gives the prosecution -- the defense the opportunity to argue that the hair, the key piece of evidence in the boat which was in the warehouse which was where Laci was apparently seen, was put there under normal circumstances, not when she was murdered. A very good fact to think about.
O'BRIEN: It could take a big chunk out of their case.
Let's talk a little bit about the Supreme Court rulings. There are a couple to get to. Yesterday, they ruled that the vice president, Dick Cheney, doesn't have to release the internal files of an energy policy task force that he headed. Many people are, of course, calling for the release of these files. How big a victory is this for him?
TOOBIN: It's definitely a victory for him. It would be embarrassing, perhaps, to disclose, you know, how many industry people he met with. Politically, I don't think it's that great a victory, because for an administration accused of secrecy and excessive ties to the oil industry to be told you can keep your ties to the oil industry secret is not something that they perhaps want to reinforce.
O'BRIEN: Then there was this ruling, again from the Supreme Court, where they basically invalidated the state of Washington's criminal sentencing system. What happened there? And how relevant is that?
TOOBIN: This has been a part of a big struggle going on in the legal system, because in recent years, federally and at state level, judges have assumed a lot of the power for sentencing. What the Supreme Court is starting to say is, juries have to get back into the game, and that if you are going to increase sentences by large amounts, you have to have the juries to ratify those decisions. This was a decision in that area, saying that the Washington system gave judges too much power, not enough for juries. It could ripple through the system a lot.
O'BRIEN: We have covered a ton of legal ground.
TOOBIN: But you haven't asked me the key question yet. O'BRIEN: I was going to say, we have a moment to talk about Toure's "Question of the Day," which is your favorite rock band? And I know you want to tell me.
TOOBIN: Elvis Costello and the Attractions.
O'BRIEN: That's a good one.
TOOBIN: It's a good one. It's a good one.
O'BRIEN: I mean, it's not the Backstreet Boys, but...
TOOBIN: Well...
O'BRIEN: But he's OK, too.
TOOBIN: They are not the Backstreet Boys.
O'BRIEN: That's the point, right?
TOOBIN: We'll agree about that, yes.
O'BRIEN: All right, Jeff Toobin, thanks, as always.
TOOBIN: OK.
O'BRIEN: Bill.
HEMMER: All right, in a moment here on AMERICAN MORNING, should you drag yourself out to the movies this weekend to see "White Chicks?" "90-Second Pop" weighs in on that.
Plus, one of the biggest stars in tennis is already out at Wimbledon. Was it an umpire's mistake to blame? We'll check it out in a moment when we continue after this.
(COMMERCIAL BREAK)
O'BRIEN: Weather now. Let's take a look with Chad Myers at the CNN center. He's got the latest update for us.
(WEATHER BREAK)
HEMMER: It's been about a year since the do-not-call list went into effect. It's working, but not without complaints. The FCC says it's picked up 400,000 complaints.
Andy Serwer is "Minding Your Business," back here with us now.
It's a big number. But there were tens...
ANDY SERWER, "FORTUNE" MAGAZINE: (UNINTELLIGIBLE) yes, I mean...
(CROSSTALK)
HEMMER: There were tens of millions of these calls going out every week sometimes.
SERWER: Right. Yes, it's all relative here. It is the one-year anniversary of the do-not-call list.
How are we doing? Well, I think we're doing pretty well. Sixty- two million Americans signed up for this list. OK? And the FCC is reporting 429,000 complaints. That's about 7 percent. Now, maybe some people got called twice, maybe some people didn't report, but it's 7 percent nonetheless. I don't think that's so terrible compared to you, as you pointed out, the millions that were made before that.
Let's also check out who are your major offenders here?
HEMMER: Yes.
SERWER: Who are the bad guys?
HEMMER: Get to the good stuff.
SERWER: OK, here are the bad. These are the people -- the entities that were complained about the most: Your Credit Foundation of America, and then good old Ma Bell, AT&T did a lot of -- a lot of complaints against AT&T. Of course, political entities and charitable entities also are not -- you can't complain about them, because they're still allowed to call.
HEMMER: They're off the list?
SERWER: I picked up the phone and John Kerry was on the other night. It was a recording. Seriously. I was like, oh.
HEMMER: Thank you, senator.
SERWER: Yes.
O'BRIEN: It was a recording, you know.
SERWER: That doesn't count either.
O'BRIEN: It's like, you're not allowed to call as a recording.
(CROSSTALK)
SERWER: No, you know, I'm not going to give you any money if you call with a recording.
O'BRIEN: Right, exactly. I'm not even going to listen to the end.
SERWER: No, I'm not going to listen to the end.
O'BRIEN: Bye-bye.
SERWER: Let's do the markets quickly, down a little bit yesterday, breaking a two-day string of up days. Still up for the week, though. The Nasdaq is still above the vaunted Hemmer line, and so that's some good stuff.
HEMMER: But only slightly.
SERWER: Futures are up this morning, but that's enough.
And, you know, I changed my mind about my favorite band. I now think it's Deep Purple. Deep Purple, the greatest rock 'n' roll band.
HEMMER: So, you're going from Sly and the Family Stone to Deep Purple.
SERWER: Yes. And I'd sing "Smoke on the Water" right now, but I'm not allowed to sing on this program.
O'BRIEN: You can.
SERWER: No, no, no, smoke on the -- no. You see why I'm a business guy and not...
O'BRIEN: Not in entertainment?
SERWER: Yes.
O'BRIEN: Thanks, Andy.
SERWER: You're welcome.
O'BRIEN: Still to come this morning, a six-string sell-off. That's just a hefty price tag. A legendary musician breaks a record. Those stories ahead on this AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Right about 43 past the hour. Back to Daryn Kagan with a developing story from Afghanistan.
Daryn -- good morning.
DARYN KAGAN, CNN ANCHOR: And, Bill, this just in to CNN, American troops coming under fire in Afghanistan. Two U.S. Marines were killed during an operation in the eastern part of the country near the Pakistan border. Another Marine are injured. The military says the American troops were battling Islamic militants.
Stepped-up security ahead of President Bush's arrival in Ireland today. The president will be there for a summit with European Union leaders. His talks with allies expected to focus on Iraq. President Bush then heads to Turkey for next week's NATO summit.
In sports, his National Hockey League suspension is still in play. Vancouver authorities now say that Todd Bertuzzi will face charges for his attack on Colorado's Steve Moore. You remember this hit. It came during a March 8 game. It left Moore hospitalized with questions about whether he'd ever play again. A court date for Bertuzzi has been set for July 9. On to Wimbledon now. Two-time champion Venus Williams suffering her earliest exit in seven years, losing in straight sets to Croatia's Karolina Sprem. The umpire mistakenly giving Sprem a point in the final tie-breaker. Williams losing the match despite that scoring error.
And Andy Roddick, the American back on the court after a two-day rain delay. He move on to the next round after firing down 18 aces and a win in straight sets yesterday.
And a serious rock 'n' roll collection is bringing in a whole lot of cash for charity. Dozens of Eric Clapton's guitars were on sale last night at Christie's Auction House in New York. One of the music legend's all-time favorite guitars, he calls the guitar "Blackie," it sold for nearly $960,000. The auction bringing in more than $7.4 million total. Proceeds from the sale will benefit Clapton's Crossroads addiction clinic.
Christie's, by the way, was expecting that this one was just going to go for, like, $100,000 or $150,000. Soledad, $960,000.
O'BRIEN: Oh!
HEMMER: Ask her her favorite rock band of all time.
O'BRIEN: Oh, yes, what's your favorite rock band of all-time? Thank you, Bill.
KAGAN: My favorite rock band?
O'BRIEN: That's the "Question of the Day" this morning, yes.
KAGAN: Bread.
HEMMER: That qualifies.
O'BRIEN: Yes. Bread?
HEMMER: She said Bread, and it's...
KAGAN: No, I have to say it's the Eagles. Actually it's the Eagles.
O'BRIEN: Now she's changing it to the Eagles.
HEMMER: Oh.
O'BRIEN: She's waffling. You're waffling!
TOURE, "ROLLING STONE" MAGAZINE: The Eagles is a good choice.
O'BRIEN: Daryn, we're going to check back in with you again.
KAGAN: All right.
O'BRIEN: So, you have time to come up with -- you see, she was taken by surprise.
HEMMER: We'll be right back.
O'BRIEN: Thanks, Daryn.
O'BRIEN: It leads us right to Toure and the "Question of the Day"...
TOURE: That's right.
O'BRIEN: ... which is: What is your favorite rock band of all- time?
TOURE: That's right. What's the greatest band ever? The correct answer, of course, U2. Sly Stone is a great answer. Thank you, Andy. P-Funk is a great answer. We got some poems. We had answers in the form of poems. Our audience is so brilliant! I love it!
HEMMER: They're coming around to you on day three?
(CROSSTALK)
TOURE: Doug from Stony Creek, Ontario: "Your choice of U2 as the best band stinks. You should have to wear a muzzle. Everyone knows it's got to be the Kinks. Toure, hand in your hustle."
O'BRIEN: Oh, I like it.
TOURE: A very good one.
O'BRIEN: I like it.
TOURE: Somebody else writes in: "I thought it was chilly, but it was not. Must be The Peppers, 'cause they're red hot."
O'BRIEN: Not bad. Not bad.
TOURE: They're (UNINTELLIGIBLE).
"The Dixie Chicks are red, Clapton has the blues. If I have to pick one band, it has to be Dave Matthews," from Brian.
That's good! Our audience is rocking!
O'BRIEN: That's not bad.
TOURE: Keeping the poems coming.
HEMMER: Give them an A for effort, right?
TOURE: A-plus for effort and for...
O'BRIEN: And you didn't even say it had to rhyme. It could have been free verse.
HEMMER: Sure.
TOURE: It could have been free verse, but they're rhyming them.
O'BRIEN: Hicu (ph).
TOURE: I love them. So, the greatest band ever?
O'BRIEN: I'm torn between 'N Sync and...
TOURE: Whoa! Whoa?
O'BRIEN: ... O-Town.
TOURE: Whoa!
O'BRIEN: I'm kidding.
HEMMER: She's a Broadway girl.
TOURE: But you're not. That's the scary part.
O'BRIEN: Oh, I am. No, I am. I actually don't own any 'N Sync or O-Town. Are they called O-Town, right?
TOURE: Yes.
O'BRIEN: OK. I don't know.
HEMMER: You did (UNINTELLIGIBLE).
O'BRIEN: Luther Vandross doesn't have...
(CROSSTALK)
HEMMER: We're going to bring you along.
TOURE: Your answer?
HEMMER: I would say, I think the Rolling Stones late '60s had more influence in shaping rock 'n' roll, if you're looking at a legacy standpoint.
TOURE: They're awesome, yes.
HEMMER: I disagree with the question, though.
TOURE: OK.
HEMMER: I think individuals had more influence on rock 'n' roll.
TOURE: Absolutely.
O'BRIEN: You can't disagree with the question.
HEMMER: Bob Dylan.
O'BRIEN: You can't...
TOURE: He's got the right to disagree with the question.
HEMMER: It's set for debate, right?
TOURE: Yes, I mean, you know, Bowie, absolutely. Absolutely there are individuals who had a huge impact.
HEMMER: And I'm going to work on a poem for you.
TOURE: I would love that.
O'BRIEN: What rhymes with O-Town?
HEMMER: Work on it. Let's great a break here. In a moment, Mariah Carey is trying to get a comeback here. "Glitter" was a flop. Now she might be on the comeback trail. "90-Second Pop" in a moment when we roll on after this.
(COMMERCIAL BREAK)
HEMMER: That's best rocker of all-time.
(CROSSTALK)
HEMMER: Is there any debate? "90-Second Pop" on a Friday. They came to play today. Say hello to B.J. Sigesmund, staff editor for "US Weekly."
Good morning, B.J.
B.J. SIGESMUND, STAFF EDITOR, "US WEEKLY": Good morning.
HEMMER: Jessica Shaw from "The Shaw Report" and "Entertainment Weekly."
Good morning, Jess, nice to see you.
JESSICA SHAW, "ENTERTAINMENT WEEKLY": Good morning.
HEMMER: Josh Elliott from "Sports Illustrated" here as well.
Welcome back.
JOSH ELLIOTT, "SPORTS ILLUSTRATED": Good morning.
HEMMER: You're our man for Mariah.
ELLIOTT: Yes. I mean, yes!
HEMMER: You drew the short straw!
ELLIOTT: Yes, Mariah Carey has a book coming out. We cannot confirm yet if she realizes that that will actually involve...
SHAW: Writing. ELLIOTT: ... writing words. That's going to be tough.
SIGESMUND: She wrote 15 of her No. 1 singles.
ELLIOTT: Yes.
SIGESMUND: And she's not using a ghost writer on this.
HEMMER: So, give her credit where credit's due.
SHAW: Allegedly not using a ghost writer.
ELLIOTT: She's not going to use a ghost writer for a genre that requires at least a sentence a page. Yes, that's something to be proud of.
HEMMER: But the book -- she's writing this children's book, right?
SHAW: She's trying to be Madonna.
ELLIOTT: Yes.
SHAW: She's, like, I'm going to re-invent myself, write a children's book, have a career, babies.
ELLIOTT: Which is to basically say, whatever I was doing before is not working.
SHAW: And she did -- I like that she signed with a new agency. She left William R (ph), signed with CA (ph). And one of the things her agent, Rob Light (ph), said was, yes, we're looking into maybe she could write some jingles. And I was, like, there's a vote of confidence for your new client!
SIGESMUND: Well, the thing is, what this exemplifies is the fact that she peaked in her mid-20s. She was huge. But what do you do when you're sort of an aging, so to speak, pop diva, who always was a sex kitten? She's kind of got to grow up. So, she's taking the minds of the young.
(CROSSTALK)
SHAW: Right. She got a huge payout with the record contract when she got dropped from that. I would take those million...
HEMMER: Well, she had a nervous breakdown.
SHAW: Yes.
SIGESMUND: Don't forget...
HEMMER: The movie, "Glitter," was a flop.
SHAW: She was exhausted. It was not a nervous breakdown. Exhaustion. Please use proper terminology. HEMMER: You buy in the spin, right?
SHAW: Absolutely.
HEMMER: Do you believe in a comeback?
SHAW: I...
ELLIOTT: Don't call it silence!
(CROSSTALK)
HEMMER: All right, OK. Let's talk about the movies this weekend.
SIGESMUND: Yes.
HEMMER: The Wayan brothers are back. The movie is called "White Chicks."
SIGESMUND: Right.
HEMMER: The reviews so far are pretty decent. What do you think?
SIGESMUND: Well, you know, this is going to be the big movie. This is a time of year for huge, goofy movies like this. Look at how well "Dodgeball" did last weekend. The premise is very simple and easily understood. Two black FBI agents go undercover as white hotel heiresses, a-la Paris and Nicole Hilton, and infiltrates...
SHAW: What makes you say that?
SIGESMUND: And they infiltrate the Hampton's social scene. It basically rips off "Some Like it Hot" and "Tootsie." None of the laughs are original, but, you know, if you feel like turning off your brain and going to see a movie brought to you by "The Scary Movie" guys, my favorite.
HEMMER: Sure. And what else are weekends for?
SIGESMUND: Right, exactly.
HEMMER: That about "The Notebook." How does that stack up?
SIGESMUND: And then "The Notebook," this isn't like, like, an antidote to all of the action movies out there. It catered to women. It's a romance. It is...
SHAW: It's all...
(CROSSTALK)
SHAW: I cannot wait to see that.
ELLIOTT: It's a good looking woman who has to decide between one good looking guy and another good looking guy with a beard.
SIGESMUND: It's based on the novel by Nicholas Sparks. He's the guy who did those other flick chicks, "A Walk to Remember" and "Message in a Bottle" with Kevin Costner.
SHAW: I don't know if...
SIGESMUND: Bill, you're going to be there, I know.
HEMMER: Fat chance.
SHAW: I would like to make a case for "Two Brothers," the little tiger movie. Animals. Animals separated at birth find each other again.
HEMMER: I tell you what, there's nothing out there to see, is there?
(CROSSTALK)
SIGESMUND: Hello! "Fahrenheit 9/11."
HEMMER: This is awful! I mean, you guys can't even pick the movies in the right way.
Jessica, let's talk about "The Shaw Report," otherwise known as the lame summer season of the most stupid reality TV shows.
SHAW: Yes.
HEMMER: Is that the way you call it?
SHAW: Sure. Absolutely. I'm going to say that "Outback Jack" is in, though. Of all of the dating reality shows, I think, this show about an Australian hottie, he has about 15 very super-high- maintenance women flown in. And they basically implode and they're complete disasters.
SIGESMUND: Well, they thought that they were going to be on a bachelor-type show, right? They arrived in these ball gowns.
SHAW: Right.
SIGESMUND: And then they were whisked away to Australia.
SHAW: And they find out they need to parachute into Australia, and they're all, like, freaking out. And one of them is saying the forest should be burned down to build a mall, like there's a lot of drama.
HEMMER: It sounds like the movie reviews you guys have given already today.
SIGESMUND: It is the summer, you know, and that's what we're talking about. SHAW: Right, "The Simple Life" I see all five minutes ago. I think if you want to see that, go see "White Chicks." And "Who Wants to Marry my Dad?" perhaps the most terrifying TV show ever...
ELLIOTT: I hate it. Horrible. It's absolutely horrible.
SHAW: ... especially since NBC is promoting it as the most romantic show ever.
ELLIOTT: But can I give a shout out to a truly good show this summer?
HEMMER: You may.
ELLIOTT: I found it. It's appointment viewing for me now. "Last Comic Standing." This is incredible. It turns out comics are hateful, angry people, and it makes for great television.
HEMMER: Best rock 'n' roll band of all-time?
ELLIOTT: I'm going to go with Led Zeppelin.
HEMMER: Jessica?
SHAW: Rolling Stones.
HEMMER: B.J.?
SIGESMUND: I will go with U2 as well. I'm sorry. That is Toure's correct answer of the day.
SHAW: I want to change it to (UNINTELLIGIBLE).
HEMMER: No, no. You're locked in.
ELLIOTT: Toure and B.J. were huddling in the back.
HEMMER: Thanks, guys. Have a great weekend, OK? Good to see all three of you.
Here's Soledad.
O'BRIEN: Does Mariah have a band? Does she count? Can I vote her for? I love Mariah.
SIGESMUND: Let's put her in one.
O'BRIEN: Thank you.
Still to come this morning, a detective may have dropped a bombshell during testimony in the Scott Peterson trial. We've got the latest on that, as AMERICAN MORNING continues.
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Aired June 25, 2004 - 07:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: But they say the president is considering others. Administration sources previously indicating it was unlikely a replacement would be named before the November elections. Tenet is set to leave the director post next month. More on this throughout the morning -- Soledad.
SOLEDAD O'BRIEN, CNN ANCHOR: All right, lots of legal news to talk about this morning as well.
Another pretrial hearing is scheduled today in Michael Jackson's child molestation case. The pop star is not expected to be in court with his lawyers. CNN's senior legal analyst, Jeff Toobin, joins us to talk more about that case. Also, we've got some significant Supreme Court rulings to talk about. So, let's get right to it.
JEFFREY TOOBIN, CNN LEGAL ANALYST: We do.
O'BRIEN: Why does Michael Jackson not have to be there for his hearing?
TOOBIN: Because the judge has said -- and this is not all that uncommon -- that unless he has to actually do something, make a decision, he doesn't have to be there. It makes the security job a lot easier. It makes the scene a lot more controllable. We don't have the craziness that we saw with him dancing on top of the car.
O'BRIEN: What's supposed to happen today?
TOOBIN: A lot of discussions about what documents should remain under seal or not. There's been a tremendous amount of litigation in this case conducted in secret, which is very unusual. But I think the big news you're likely to see today or very soon is the trial date moved from September to perhaps as late as January. There's still a lot to do in this case, and September is really unrealistic.
O'BRIEN: What have you heard from this report, I think it comes from ABC News, that says that witnesses will testify that actually Michael Jackson did not give alcohol to the accuser, and at the time the mother was present when alcohol was actually consumed? I mean, this really could be a bombshell. I hate to use that phrase for every legal case we're talking about today, but it's a bit little appropriate, because a lot of the case hinges on this.
TOOBIN: Well, I think what you're going to see in this case is the defense putting the family of the accuser on trial. The mother is going to be a big target. She's a more acceptable target. The jury is likely to take out hostility on her rather than the accuser himself, who's got so many problems, who has cancer. That they are going to go after the mother very heavily, and that's one avenue they're going to use.
O'BRIEN: And he's a kid and it probably doesn't bode well to pick on a child in a trial.
Let's talk about Scott Peterson's murder trial. Earlier, we were talking to reporter Gloria Gomez about what happened yesterday. We had a detective on the stand who essentially said he omitted, he took out information from his report that maybe should have been left in.
TOOBIN: It's really bad for the prosecution on two levels. One is, it shows the police, at best, were incompetent, or at worst, really targeting Scott Peterson and malevolently going after him. But second, it really gives the prosecution -- the defense the opportunity to argue that the hair, the key piece of evidence in the boat which was in the warehouse which was where Laci was apparently seen, was put there under normal circumstances, not when she was murdered. A very good fact to think about.
O'BRIEN: It could take a big chunk out of their case.
Let's talk a little bit about the Supreme Court rulings. There are a couple to get to. Yesterday, they ruled that the vice president, Dick Cheney, doesn't have to release the internal files of an energy policy task force that he headed. Many people are, of course, calling for the release of these files. How big a victory is this for him?
TOOBIN: It's definitely a victory for him. It would be embarrassing, perhaps, to disclose, you know, how many industry people he met with. Politically, I don't think it's that great a victory, because for an administration accused of secrecy and excessive ties to the oil industry to be told you can keep your ties to the oil industry secret is not something that they perhaps want to reinforce.
O'BRIEN: Then there was this ruling, again from the Supreme Court, where they basically invalidated the state of Washington's criminal sentencing system. What happened there? And how relevant is that?
TOOBIN: This has been a part of a big struggle going on in the legal system, because in recent years, federally and at state level, judges have assumed a lot of the power for sentencing. What the Supreme Court is starting to say is, juries have to get back into the game, and that if you are going to increase sentences by large amounts, you have to have the juries to ratify those decisions. This was a decision in that area, saying that the Washington system gave judges too much power, not enough for juries. It could ripple through the system a lot.
O'BRIEN: We have covered a ton of legal ground.
TOOBIN: But you haven't asked me the key question yet. O'BRIEN: I was going to say, we have a moment to talk about Toure's "Question of the Day," which is your favorite rock band? And I know you want to tell me.
TOOBIN: Elvis Costello and the Attractions.
O'BRIEN: That's a good one.
TOOBIN: It's a good one. It's a good one.
O'BRIEN: I mean, it's not the Backstreet Boys, but...
TOOBIN: Well...
O'BRIEN: But he's OK, too.
TOOBIN: They are not the Backstreet Boys.
O'BRIEN: That's the point, right?
TOOBIN: We'll agree about that, yes.
O'BRIEN: All right, Jeff Toobin, thanks, as always.
TOOBIN: OK.
O'BRIEN: Bill.
HEMMER: All right, in a moment here on AMERICAN MORNING, should you drag yourself out to the movies this weekend to see "White Chicks?" "90-Second Pop" weighs in on that.
Plus, one of the biggest stars in tennis is already out at Wimbledon. Was it an umpire's mistake to blame? We'll check it out in a moment when we continue after this.
(COMMERCIAL BREAK)
O'BRIEN: Weather now. Let's take a look with Chad Myers at the CNN center. He's got the latest update for us.
(WEATHER BREAK)
HEMMER: It's been about a year since the do-not-call list went into effect. It's working, but not without complaints. The FCC says it's picked up 400,000 complaints.
Andy Serwer is "Minding Your Business," back here with us now.
It's a big number. But there were tens...
ANDY SERWER, "FORTUNE" MAGAZINE: (UNINTELLIGIBLE) yes, I mean...
(CROSSTALK)
HEMMER: There were tens of millions of these calls going out every week sometimes.
SERWER: Right. Yes, it's all relative here. It is the one-year anniversary of the do-not-call list.
How are we doing? Well, I think we're doing pretty well. Sixty- two million Americans signed up for this list. OK? And the FCC is reporting 429,000 complaints. That's about 7 percent. Now, maybe some people got called twice, maybe some people didn't report, but it's 7 percent nonetheless. I don't think that's so terrible compared to you, as you pointed out, the millions that were made before that.
Let's also check out who are your major offenders here?
HEMMER: Yes.
SERWER: Who are the bad guys?
HEMMER: Get to the good stuff.
SERWER: OK, here are the bad. These are the people -- the entities that were complained about the most: Your Credit Foundation of America, and then good old Ma Bell, AT&T did a lot of -- a lot of complaints against AT&T. Of course, political entities and charitable entities also are not -- you can't complain about them, because they're still allowed to call.
HEMMER: They're off the list?
SERWER: I picked up the phone and John Kerry was on the other night. It was a recording. Seriously. I was like, oh.
HEMMER: Thank you, senator.
SERWER: Yes.
O'BRIEN: It was a recording, you know.
SERWER: That doesn't count either.
O'BRIEN: It's like, you're not allowed to call as a recording.
(CROSSTALK)
SERWER: No, you know, I'm not going to give you any money if you call with a recording.
O'BRIEN: Right, exactly. I'm not even going to listen to the end.
SERWER: No, I'm not going to listen to the end.
O'BRIEN: Bye-bye.
SERWER: Let's do the markets quickly, down a little bit yesterday, breaking a two-day string of up days. Still up for the week, though. The Nasdaq is still above the vaunted Hemmer line, and so that's some good stuff.
HEMMER: But only slightly.
SERWER: Futures are up this morning, but that's enough.
And, you know, I changed my mind about my favorite band. I now think it's Deep Purple. Deep Purple, the greatest rock 'n' roll band.
HEMMER: So, you're going from Sly and the Family Stone to Deep Purple.
SERWER: Yes. And I'd sing "Smoke on the Water" right now, but I'm not allowed to sing on this program.
O'BRIEN: You can.
SERWER: No, no, no, smoke on the -- no. You see why I'm a business guy and not...
O'BRIEN: Not in entertainment?
SERWER: Yes.
O'BRIEN: Thanks, Andy.
SERWER: You're welcome.
O'BRIEN: Still to come this morning, a six-string sell-off. That's just a hefty price tag. A legendary musician breaks a record. Those stories ahead on this AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Right about 43 past the hour. Back to Daryn Kagan with a developing story from Afghanistan.
Daryn -- good morning.
DARYN KAGAN, CNN ANCHOR: And, Bill, this just in to CNN, American troops coming under fire in Afghanistan. Two U.S. Marines were killed during an operation in the eastern part of the country near the Pakistan border. Another Marine are injured. The military says the American troops were battling Islamic militants.
Stepped-up security ahead of President Bush's arrival in Ireland today. The president will be there for a summit with European Union leaders. His talks with allies expected to focus on Iraq. President Bush then heads to Turkey for next week's NATO summit.
In sports, his National Hockey League suspension is still in play. Vancouver authorities now say that Todd Bertuzzi will face charges for his attack on Colorado's Steve Moore. You remember this hit. It came during a March 8 game. It left Moore hospitalized with questions about whether he'd ever play again. A court date for Bertuzzi has been set for July 9. On to Wimbledon now. Two-time champion Venus Williams suffering her earliest exit in seven years, losing in straight sets to Croatia's Karolina Sprem. The umpire mistakenly giving Sprem a point in the final tie-breaker. Williams losing the match despite that scoring error.
And Andy Roddick, the American back on the court after a two-day rain delay. He move on to the next round after firing down 18 aces and a win in straight sets yesterday.
And a serious rock 'n' roll collection is bringing in a whole lot of cash for charity. Dozens of Eric Clapton's guitars were on sale last night at Christie's Auction House in New York. One of the music legend's all-time favorite guitars, he calls the guitar "Blackie," it sold for nearly $960,000. The auction bringing in more than $7.4 million total. Proceeds from the sale will benefit Clapton's Crossroads addiction clinic.
Christie's, by the way, was expecting that this one was just going to go for, like, $100,000 or $150,000. Soledad, $960,000.
O'BRIEN: Oh!
HEMMER: Ask her her favorite rock band of all time.
O'BRIEN: Oh, yes, what's your favorite rock band of all-time? Thank you, Bill.
KAGAN: My favorite rock band?
O'BRIEN: That's the "Question of the Day" this morning, yes.
KAGAN: Bread.
HEMMER: That qualifies.
O'BRIEN: Yes. Bread?
HEMMER: She said Bread, and it's...
KAGAN: No, I have to say it's the Eagles. Actually it's the Eagles.
O'BRIEN: Now she's changing it to the Eagles.
HEMMER: Oh.
O'BRIEN: She's waffling. You're waffling!
TOURE, "ROLLING STONE" MAGAZINE: The Eagles is a good choice.
O'BRIEN: Daryn, we're going to check back in with you again.
KAGAN: All right.
O'BRIEN: So, you have time to come up with -- you see, she was taken by surprise.
HEMMER: We'll be right back.
O'BRIEN: Thanks, Daryn.
O'BRIEN: It leads us right to Toure and the "Question of the Day"...
TOURE: That's right.
O'BRIEN: ... which is: What is your favorite rock band of all- time?
TOURE: That's right. What's the greatest band ever? The correct answer, of course, U2. Sly Stone is a great answer. Thank you, Andy. P-Funk is a great answer. We got some poems. We had answers in the form of poems. Our audience is so brilliant! I love it!
HEMMER: They're coming around to you on day three?
(CROSSTALK)
TOURE: Doug from Stony Creek, Ontario: "Your choice of U2 as the best band stinks. You should have to wear a muzzle. Everyone knows it's got to be the Kinks. Toure, hand in your hustle."
O'BRIEN: Oh, I like it.
TOURE: A very good one.
O'BRIEN: I like it.
TOURE: Somebody else writes in: "I thought it was chilly, but it was not. Must be The Peppers, 'cause they're red hot."
O'BRIEN: Not bad. Not bad.
TOURE: They're (UNINTELLIGIBLE).
"The Dixie Chicks are red, Clapton has the blues. If I have to pick one band, it has to be Dave Matthews," from Brian.
That's good! Our audience is rocking!
O'BRIEN: That's not bad.
TOURE: Keeping the poems coming.
HEMMER: Give them an A for effort, right?
TOURE: A-plus for effort and for...
O'BRIEN: And you didn't even say it had to rhyme. It could have been free verse.
HEMMER: Sure.
TOURE: It could have been free verse, but they're rhyming them.
O'BRIEN: Hicu (ph).
TOURE: I love them. So, the greatest band ever?
O'BRIEN: I'm torn between 'N Sync and...
TOURE: Whoa! Whoa?
O'BRIEN: ... O-Town.
TOURE: Whoa!
O'BRIEN: I'm kidding.
HEMMER: She's a Broadway girl.
TOURE: But you're not. That's the scary part.
O'BRIEN: Oh, I am. No, I am. I actually don't own any 'N Sync or O-Town. Are they called O-Town, right?
TOURE: Yes.
O'BRIEN: OK. I don't know.
HEMMER: You did (UNINTELLIGIBLE).
O'BRIEN: Luther Vandross doesn't have...
(CROSSTALK)
HEMMER: We're going to bring you along.
TOURE: Your answer?
HEMMER: I would say, I think the Rolling Stones late '60s had more influence in shaping rock 'n' roll, if you're looking at a legacy standpoint.
TOURE: They're awesome, yes.
HEMMER: I disagree with the question, though.
TOURE: OK.
HEMMER: I think individuals had more influence on rock 'n' roll.
TOURE: Absolutely.
O'BRIEN: You can't disagree with the question.
HEMMER: Bob Dylan.
O'BRIEN: You can't...
TOURE: He's got the right to disagree with the question.
HEMMER: It's set for debate, right?
TOURE: Yes, I mean, you know, Bowie, absolutely. Absolutely there are individuals who had a huge impact.
HEMMER: And I'm going to work on a poem for you.
TOURE: I would love that.
O'BRIEN: What rhymes with O-Town?
HEMMER: Work on it. Let's great a break here. In a moment, Mariah Carey is trying to get a comeback here. "Glitter" was a flop. Now she might be on the comeback trail. "90-Second Pop" in a moment when we roll on after this.
(COMMERCIAL BREAK)
HEMMER: That's best rocker of all-time.
(CROSSTALK)
HEMMER: Is there any debate? "90-Second Pop" on a Friday. They came to play today. Say hello to B.J. Sigesmund, staff editor for "US Weekly."
Good morning, B.J.
B.J. SIGESMUND, STAFF EDITOR, "US WEEKLY": Good morning.
HEMMER: Jessica Shaw from "The Shaw Report" and "Entertainment Weekly."
Good morning, Jess, nice to see you.
JESSICA SHAW, "ENTERTAINMENT WEEKLY": Good morning.
HEMMER: Josh Elliott from "Sports Illustrated" here as well.
Welcome back.
JOSH ELLIOTT, "SPORTS ILLUSTRATED": Good morning.
HEMMER: You're our man for Mariah.
ELLIOTT: Yes. I mean, yes!
HEMMER: You drew the short straw!
ELLIOTT: Yes, Mariah Carey has a book coming out. We cannot confirm yet if she realizes that that will actually involve...
SHAW: Writing. ELLIOTT: ... writing words. That's going to be tough.
SIGESMUND: She wrote 15 of her No. 1 singles.
ELLIOTT: Yes.
SIGESMUND: And she's not using a ghost writer on this.
HEMMER: So, give her credit where credit's due.
SHAW: Allegedly not using a ghost writer.
ELLIOTT: She's not going to use a ghost writer for a genre that requires at least a sentence a page. Yes, that's something to be proud of.
HEMMER: But the book -- she's writing this children's book, right?
SHAW: She's trying to be Madonna.
ELLIOTT: Yes.
SHAW: She's, like, I'm going to re-invent myself, write a children's book, have a career, babies.
ELLIOTT: Which is to basically say, whatever I was doing before is not working.
SHAW: And she did -- I like that she signed with a new agency. She left William R (ph), signed with CA (ph). And one of the things her agent, Rob Light (ph), said was, yes, we're looking into maybe she could write some jingles. And I was, like, there's a vote of confidence for your new client!
SIGESMUND: Well, the thing is, what this exemplifies is the fact that she peaked in her mid-20s. She was huge. But what do you do when you're sort of an aging, so to speak, pop diva, who always was a sex kitten? She's kind of got to grow up. So, she's taking the minds of the young.
(CROSSTALK)
SHAW: Right. She got a huge payout with the record contract when she got dropped from that. I would take those million...
HEMMER: Well, she had a nervous breakdown.
SHAW: Yes.
SIGESMUND: Don't forget...
HEMMER: The movie, "Glitter," was a flop.
SHAW: She was exhausted. It was not a nervous breakdown. Exhaustion. Please use proper terminology. HEMMER: You buy in the spin, right?
SHAW: Absolutely.
HEMMER: Do you believe in a comeback?
SHAW: I...
ELLIOTT: Don't call it silence!
(CROSSTALK)
HEMMER: All right, OK. Let's talk about the movies this weekend.
SIGESMUND: Yes.
HEMMER: The Wayan brothers are back. The movie is called "White Chicks."
SIGESMUND: Right.
HEMMER: The reviews so far are pretty decent. What do you think?
SIGESMUND: Well, you know, this is going to be the big movie. This is a time of year for huge, goofy movies like this. Look at how well "Dodgeball" did last weekend. The premise is very simple and easily understood. Two black FBI agents go undercover as white hotel heiresses, a-la Paris and Nicole Hilton, and infiltrates...
SHAW: What makes you say that?
SIGESMUND: And they infiltrate the Hampton's social scene. It basically rips off "Some Like it Hot" and "Tootsie." None of the laughs are original, but, you know, if you feel like turning off your brain and going to see a movie brought to you by "The Scary Movie" guys, my favorite.
HEMMER: Sure. And what else are weekends for?
SIGESMUND: Right, exactly.
HEMMER: That about "The Notebook." How does that stack up?
SIGESMUND: And then "The Notebook," this isn't like, like, an antidote to all of the action movies out there. It catered to women. It's a romance. It is...
SHAW: It's all...
(CROSSTALK)
SHAW: I cannot wait to see that.
ELLIOTT: It's a good looking woman who has to decide between one good looking guy and another good looking guy with a beard.
SIGESMUND: It's based on the novel by Nicholas Sparks. He's the guy who did those other flick chicks, "A Walk to Remember" and "Message in a Bottle" with Kevin Costner.
SHAW: I don't know if...
SIGESMUND: Bill, you're going to be there, I know.
HEMMER: Fat chance.
SHAW: I would like to make a case for "Two Brothers," the little tiger movie. Animals. Animals separated at birth find each other again.
HEMMER: I tell you what, there's nothing out there to see, is there?
(CROSSTALK)
SIGESMUND: Hello! "Fahrenheit 9/11."
HEMMER: This is awful! I mean, you guys can't even pick the movies in the right way.
Jessica, let's talk about "The Shaw Report," otherwise known as the lame summer season of the most stupid reality TV shows.
SHAW: Yes.
HEMMER: Is that the way you call it?
SHAW: Sure. Absolutely. I'm going to say that "Outback Jack" is in, though. Of all of the dating reality shows, I think, this show about an Australian hottie, he has about 15 very super-high- maintenance women flown in. And they basically implode and they're complete disasters.
SIGESMUND: Well, they thought that they were going to be on a bachelor-type show, right? They arrived in these ball gowns.
SHAW: Right.
SIGESMUND: And then they were whisked away to Australia.
SHAW: And they find out they need to parachute into Australia, and they're all, like, freaking out. And one of them is saying the forest should be burned down to build a mall, like there's a lot of drama.
HEMMER: It sounds like the movie reviews you guys have given already today.
SIGESMUND: It is the summer, you know, and that's what we're talking about. SHAW: Right, "The Simple Life" I see all five minutes ago. I think if you want to see that, go see "White Chicks." And "Who Wants to Marry my Dad?" perhaps the most terrifying TV show ever...
ELLIOTT: I hate it. Horrible. It's absolutely horrible.
SHAW: ... especially since NBC is promoting it as the most romantic show ever.
ELLIOTT: But can I give a shout out to a truly good show this summer?
HEMMER: You may.
ELLIOTT: I found it. It's appointment viewing for me now. "Last Comic Standing." This is incredible. It turns out comics are hateful, angry people, and it makes for great television.
HEMMER: Best rock 'n' roll band of all-time?
ELLIOTT: I'm going to go with Led Zeppelin.
HEMMER: Jessica?
SHAW: Rolling Stones.
HEMMER: B.J.?
SIGESMUND: I will go with U2 as well. I'm sorry. That is Toure's correct answer of the day.
SHAW: I want to change it to (UNINTELLIGIBLE).
HEMMER: No, no. You're locked in.
ELLIOTT: Toure and B.J. were huddling in the back.
HEMMER: Thanks, guys. Have a great weekend, OK? Good to see all three of you.
Here's Soledad.
O'BRIEN: Does Mariah have a band? Does she count? Can I vote her for? I love Mariah.
SIGESMUND: Let's put her in one.
O'BRIEN: Thank you.
Still to come this morning, a detective may have dropped a bombshell during testimony in the Scott Peterson trial. We've got the latest on that, as AMERICAN MORNING continues.
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