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American Morning

Update on Scott Peterson Trial; Survival at Sea; 'New You' Checkup

Aired August 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.


HEIDI COLLINS, CNN ANCHOR: I'm Heidi Collins in for Soledad. This is Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Yes, still.

COLLINS: You're here all the time.

We're going to go back to the Scott Peterson trial in this half- hour. We're looking at whether Amber Frey helped the prosecution or the defense in her seven days of testimony. We're going to talk to Court TV reporter Lisa Bloom all about that.

HEMMER: So, they say she was the star witness, huh? We'll see how brightly she shines today.

COLLINS: There's a debate about that now.

HEMMER: Also in a moment, the remarkable story of being lost in the open ocean. You might have seen this movie, "Open Waters."

COLLINS: Right.

HEMMER: Well, we'll talk to two guys today. Mike Jackson and Keith Smith, two fishermen in a group that became stranded in the Gulf of Mexico. They're standing by live, enduring incredible hardships, their story told to us in a moment here. So, stay tuned for that.

COLLINS: And it is an incredible story.

For now, though, we want to get to Carol Costello. She's at the CNN center to find out what's happening now in the news.

Carol -- good morning.

CAROL COSTELLO, CNN ANCHOR: Good morning, Heidi. Thank you.

Russian officials say they found the flight data recorders at the crash sites of two Russian jetliners. The two planes crashed nearly simultaneously with 89 people aboard. The Interfax news agency cites witnesses saying they saw an explosion aboard the first plane before it crashed. That has not been confirmed. President Putting has authorized Russia's top intelligence agency to investigate.

An Australian man accused of fighting alongside the Taliban is expected to plead not guilty today at a military hearing in Guantanamo Bay, Cuba. David Hicks, accused of firing on U.S. forces in Afghanistan, is charged with conspiracy to commit war crimes. Hicks' family arrived in Cuba yesterday and is questioning the impartiality of the hearings.

Police are now questioning a man in connection with the killings of two camp counselors. The bodies of 23-year-old Lindsay Cutshall and 26-year-old Jason Allen were discovered Wednesday on a remote beach in northern California. The Wisconsin man turned himself in for questioning after hearing that authorities were looking for him. Investigators are calling him a witness, not a suspect.

The U.S. and Japan will have to consider their next move now that former chess champ, Bobby Fischer, has successfully blocked a Japanese deportation order. Japan rejected Fischer's application for political asylum and ordered him deported yesterday, but Fischer's lawyers were able to halt that order. Fischer, wanted in the U.S. for violating international sanctions, claims the charges against him are politically motivated. So it's back to a stalemate -- Bill.

HEMMER: All right, Carol, thanks for that.

Back here in New York now. Scott Peterson's ex-girlfriend can take a breather now. Defense lawyers wrapped up Amber Frey's cross- examination in his double-murder trial, but Frey could be called on again as a defense witness? We will wait for that.

With us now to analyze the cross-examination, civil rights attorney and Court TV anchor Lisa Bloom.

LISA BLOOM, CIVIL RIGHTS ATTORNEY: Good morning.

HEMMER: We should point out your mother is Gloria Allred.

BLOOM: Guilty as charged.

HEMMER: And Gloria Allred represents Amber Frey...

BLOOM: So they tell me.

HEMMER: ... in this case. So with that out of the way, Mark Geragos, let's look at some of the things he tried to show. One of the things he tried to show, Lisa, was that Amber says Scott never tried to stop her from going to police. How does that help the defense?

BLOOM: Well, because if Scott were truly guilty, he would probably try to talk his girlfriend out of speaking to law enforcement and telling them what she knows. Now, on the prosecution side, it seems clear that Scott Peterson at least suspected strongly that he was being taped beginning in early to mid-January. So, of course, he's not going to say anything terribly, you know, on the tape that makes him look guilty.

HEMMER: Second point. Scott never said anything incriminating in the taped phone calls, did he?

BLOOM: Well I think I would strongly disagree with that. I mean, one of the most important things for the prosecution on those tapes is his agreement with Amber's statement he told her before Laci went missing that he had lost his wife, and this would be his first holidays without her.

He also tells her at the very end of the tapes when he calls her from a pay phone, different than the other calls, he thinks he's not being taped, and he says to her, everything that you've guessed at is true. You've guessed at the answers to all of your questions.

Now, what did she guess at? She had guessed repeatedly on the tapes that he had something to do with Laci's disappearance. So, I think there are some pretty damages statements for him on those tapes.

HEMMER: In your first answer you alluded to this, and it's our third point that we want to make today. Scott's evasive answers on the calls came at the advice of an attorney.

BLOOM: Well, if Scott had truly -- if he were truly innocent and he had statements that would explain his behavior, why didn't he make them on the tapes? That's what the prosecution is going to argue. And if he had good explanations, why didn't he give them to the police? The fact that he didn't give them either to the police or to Amber Frey is something I think that the prosecution can use.

HEMMER: In summary, though, she was billed at the star witness.

BLOOM: Yes.

HEMMER: Is she still the star witness? is there a little bit of shine taken off of her? Or is this shine maybe stronger than before she took the stand?

BLOOM: I think she did very well. And I think the fact that Geragos was uncharacteristically gentle with her on cross-examination shows he didn't get much out of her. He knew he couldn't get a lot out of her. And he had to weigh it against the risk of really coming across as a bully in the courtroom.

Keep in mind, Amber really didn't testify all that much on direct. She mostly sat in the gallery while the tapes were played. You can't cross-examine the tapes. And I think Geragos knew that, and he was very gentle with her. He didn't go into any of her prior relationships, for example.

HEMMER: I want to move away from this a moment and quickly talk about the Kobe Bryant matter. Gary Tuchman here on CNN tells us now that the criminal case is expected to go forward...

BLOOM: Yes.

HEMMER: ... the criminal trial, telling what you?

BLOOM: Well, what the prosecutors have said all along is that they are going forward. Jury selection will begin later in the week. Not withstanding the fact that the accuser's civil attorneys filed a lawsuit for money damages, they're going forward with the case. It looks like it is a go.

HEMMER: Despite what everything we talked about a week ago regarding the civil side?

BLOOM: Absolutely. You know, the prosecutors are clearly, I think, at odds with the civil attorneys, who have dealt them a terrible blow by filing that lawsuit, giving the defense a good argument, it's all about money.

HEMMER: Thank you, Lisa. Lisa Bloom from Court TV with us again this morning.

BLOOM: Thank you.

HEMMER: All right -- Heidi.

COLLINS: It was a trip four Georgia fishermen had taken many times before. But on August 7, they suddenly found themselves in bad weather and in trouble off the coast of Florida. Their 19-foot boat capsized. And when the Coast Guard finally found them, one of them, John Fish (ph), was dead, having struggled to keep the boat afloat as they waited for rescue. They had clung to their overturned boat for three days.

Here now from Monticello, Georgia, survivors Mike Jackson and Keith Smith.

Gentlemen, thanks for being with us this morning to tell your story. Of course, our condolences go out to you for your loss in all of this.

I want to ask you, as we look at these pictures here in just a moment coming in to us from the Coast Guard, I understand that it's the first time that you will see some of them. Tell us what you remember about that boat bobbing in the water for as long as it did. Mike, tell us what your thoughts are.

MIKE JACKSON, RESCUED FROM GULF OF MEXICO: It was just survival. To hang on to the boat was our sanctuary at the time.

COLLINS: We continue to look at these amazing rescue pictures once again coming to us from the Coast Guard. I know that the two of you were seriously sunburned, you were dehydrated, bitten and stung by several jellyfish that were in the area as well. Do you remember what you were experiencing or thinking about as all of this was going on, Keith?

KEITH SMITH, RESCUED FROM GULF OF MEXICO: Mainly my family, just try to get back home, hang on as long as I could.

COLLINS: I know that was also the case for John Fish, the good friend of yours who you lost in all of this. In fact, some of his last words to you were to say to his wife that he loved her very much and to please watch out for his 5-year-old daughter.

SMITH: Right. COLLINS: Tell us why you consider him to be a hero.

SMITH: He pretty much helped save us. He kept air up under the boat and let the gas out of the tank. Anything he could do to help the boat stay afloat, he did.

COLLINS: Explain that a little bit further, if you would, Keith. He swam underneath the boat, and what did he do?

SMITH: Just getting everything out that would float, so we would have -- somebody might see something, debris of some type, anything that would floating. He went up under it several times.

COLLINS: What about...

JACKSON: Looking for anything we could use.

COLLINS: Of course, you were. And I also understand there was a message that John carved on that boat. What did the message say? Did either one of you get a chance to see it?

SMITH: That he loved his wife and kids.

COLLINS: I'm sure he did, and I know you have quite a task to keep the faith in the 5-year-old little girl, Madison. That will be quite a job for the both of you, and we certainly appreciate your story this morning here on AMERICAN MORNING. Mike and Keith, thanks once again.

SMITH: Thank you.

COLLINS: Bill.

HEMMER: It's about 22 minutes now before the hour. A check of the weather.

(WEATHER BREAK)

COLLINS: Still to come on AMERICAN MORNING, the last time we checked in on Kimberley Everett, she was trying to shed some extra pounds as part of our "New You" series. Six months later, has she stuck with the program? Dr. Sanjay Gupta has a checkup.

HEMMER: Also, Ellen DeGeneres is about to hit the big screen for a heavenly remake. ""90-Second Pop" is coming up this hour.

(COMMERCIAL BREAK)

COLLINS: OK, so if you weren't awake yet, you are now, right? It's time now for "90-Second Pop." And joining us today, Sarah Bernard from "New York" magazine.

Good morning, Sarah.

SARAH BERNARD, "NEW YORK" MAGAZINE: Good morning.

COLLINS: Andy Borowitz, humorist for BorowitzReport.com.

Andy, hello.

ANDY BOROWITZ, HUMORIST: Good morning.

COLLINS: And comedian Jessi Klein, contributor to VH1.

Good morning to you as well.

Sarah, I want to start with you. I love this movie, "Oh, God," with George Burns way, way, way back.

BERNARD: It was made back in 1977.

COLLINS: There's a remake coming out. Your thoughts are?

BERNARD: Well, they're casting Ellen DeGeneres as God this time, which I think it is so perfect that God is a talk show host. Don't you think? I mean, of all of the people they can pick...

COLLINS: And female.

BERNARD: And female, and you know, there are a lot of reasons, and lesbian, which is very different role from the way that God used to be. But I really think that what's great about this is one of her first monologues, the one that actually got Johnny Carson to ask her to come from the stage to the couch, it was a phone call to God. It was this bit that she used to do.

And so, she's been having these kind of God bits in her work forever. So, it's really appropriate. It comes full circle. And now she actually gets to be the God on the other end of the phone.

COLLINS: But it's a pretty tough act to follow, is it not? George Burns?

BOROWITZ: And who will play the John Denver role? That's neat, because I thought he was pivotal to have made that movie work.

BERNARD: Oh, (UNINTELLIGIBLE) I don't know.

JESSI KLEIN, COMEDIAN, VH1 CONTRIBUTOR: Who merits the John Denver (UNINTELLIGIBLE)?

BERNARD: I think Matt Damon. I think maybe it will be Matt.

BOROWITZ: Matt Damon, OK, there you go.

BERNARD: It's really all about George Burns. I don't know. I think it's really all about Ellen DeGeneres being in that movie. The other guy is secondary, don't you think?

KLEIN: I think any casting that pisses off the Republicans on down with seeing a lesbian play God...

BOROWITZ: There you go. KLEIN: ... I think that's definitely going to get under their skin.

BOROWITZ: There you go.

COLLINS: All right, let's talk about, Andy, Alan Alda.

BOROWITZ: Yes.

COLLINS: He's going to be joining "West Wing." Apparently there have been some ratings issues as of late. Do you think he'll be able to revive the momentum that they at least had?

BOROWITZ: You know, no one loves Alan Alda more than I do, but this has a whole kind of scrappy do-feel about it to me.

COLLINS: A scrappy do.

BOROWITZ: It feels more like Cousin Oliver on "The Brady Bunch."

BERNARD: Oh!

BOROWITZ: So, I just feel like it's a little too late. I do think it's kind of funny, though, when Hollywood, it's like he's playing a Republican, a conservative Republican, and so Hollywood is searching around for someone to play that. So who do they find? Alan Alda. Just perfect casting for that role.

BERNARD: And who is a liberal guy.

BOROWITZ: This will really test his acting chops, I think.

COLLINS: Right. Who do you think, though, would win between President Bartlett and Alan Alda as this conservative?

BOROWITZ: Well, you know, it's going to be an ugly campaign, because I was actually turning on the TV the other day, and the Swift Boat Veterans are now attacking Martin Sheen. So, it's getting incredibly messy, I think.

KLEIN: But at least Alan Alda has a whole series to prove that he did indeed serve in Korea. So there's not going to be any question to how they...

BOROWITZ: Exactly.

BERNARD: Well, I mean, it's so (UNINTELLIGIBLE) not think of Hawkeye Pierce (ph) though.

BOROWITZ: Right.

BERNARD: I really think it's going to be an adjustment. I don't know. Well, maybe he'll come in, in his, like, you know, medical garb one time and you'll be like all right.

COLLINS: And then you'll remember. All right, Jessi, let's talk about this remake news, The Wayans brothers...

KLEIN: Very important news.

COLLINS: ... reviving "The Munsters."

KLEIN: Yes.

COLLINS: Tell us about that.

KLEIN: Apparently the Wayans brothers, Keenen, Marlon and Shawn I want to say, came up with the idea to remake "The Munsters," the classic TV series.

COLLINS: Does this need to be remade?

KLEIN: That's an excellent question.

BOROWITZ: We don't have -- 90 seconds is not enough time really to answer that.

(CROSSTALK)

BERNARD: Absolutely.

KLEIN: Not enough time! All I'll say is this is the story. Apparently they came up with the idea to do this while they were filming "White Chicks." And I think anything that was conceived during the production of "White Chicks" I don't have high expectations for.

BOROWITZ: You know, when "The Munsters" first came on the air, there was this whole novelty about seeing this family of weirdoes, but we have the Jacksons now. And this feels -- it feels redundant to me.

KLEIN: Weirdo families are (UNINTELLIGIBLE).

BOROWITZ: Yes, the "Gottis," dare I say?

COLLINS: All right, you guys, thanks so much for that. I could say something about weirdo families, but I won't. Nice to have you with us, Sarah, Andy and Jessi.

Back over to you -- Bill.

HEMMER: All right, Heidi, thanks.

In a moment here, six months ago Kimberley Everett wanted to lose weight as part of our "New You" series. She worked out. She watched what she ate. She even talked to us about it just about every day. Is they still winning the battle of the bulge? Sanjay fills us in, in a moment, as our "New You" series continues after this.

(COMMERCIAL BREAK)

HEMMER: We are halfway through AMERICAN MORNING's "New You" six- month checkup. All week long, we're catching up with the five viewers who made their "New You" resolutions to feel better and to get fit. And we knew them very well back in January and February.

COLLINS: Yes, we did. And today, we're going to look at our youngest "New You" participant, 25-year-old Kim Everett. She started her resolution to fight her family history of diabetes and to fit into her skinny jeans once again.

We'll talk to Sanjay Gupta, who is joining us now from CNN center with an update on her.

Hey -- Sanjay.

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Hey, good morning.

Yes, Kim used to call herself "Miss Fat Booty." That was the name she gave herself. Let's see if Kim continued to achieve her goals even after the "New You" ended.

(BEGIN VIDEOTAPE)

KIMBERLEY EVERETT, "NEW YOU" PARTICIPANT: We fry it.

GUPTA (voice over): She loved fried catfish and daiquiris.

K. EVERETT: There are definitely no daiquiris in there. I can barely have a daiquiri now.

GUPTA: And hated working out. So, she dedicated herself to the "New You" to prevent diabetes, a family disease. Her sister, Toya, had her doubts.

TOYA EVERETT, KIMBERLEY'S SISTER: We'll all be shocked of Kim eating a salad instead of something fried.

GUPTA: We checked up on Kim at one of her three jobs. She's now a local band promoter on top of her PR and retail sales jobs. Here's what she had to say about "New You."

K. EVERETT: I got my family asking me, why am I eating daiquiris for (EXPLETIVE DELETED) dinner every night. I still do drink them, but not like that. But I can't give up chicken fingers, but I don't eat them a lot anymore. They're too bad for you.

GUPTA: Did we tell Kim and Toya anti-fry?

UNIDENTIFIED FEMALE: Why does this get this greasy feeling to it?

UNIDENTIFIED FEMALE: I think it's fried. It has to be fried.

GUPTA: And pro-fruit and veggies?

K. EVERETT: We have no desserts. No desserts.

T. EVERETT: No alcohol.

GUPTA: Even with some sips and slips... K. EVERETT: No, I didn't get a chance to work out today, but I probably will tomorrow.

GUPTA: ... those 10 pounds she lost in January never came back, and more were lost on Toya.

T. EVERETT: I lost four pounds last week.

GUPTA: Will they stick with it?

T. EVERETT: I'll try, but I think Kim will, because once she gets down and you're get back in those old jeans, which she loves, you're definitely a reminder of where you want to be.

(END VIDEOTAPE)

GUPTA: There she is. She looks pretty good. Kim Everett, living the dream in Atlanta. It looks like she kept by it there -- Heidi.

COLLINS: Yes, but halfway through the year, is that really a good time to start a resolution? It seems like it might be harder to kind of get your motivation going.

GUPTA: Yes, you know, it's interesting, because experts believe summertime is a more natural season for change, actually. But if you're going to do it, think about whole vacations, for example, and not just one-day holidays, giving yourself less time for stress, more time to eat right. Perhaps you swim and you bike instead of those football fests on the couch -- Heidi.

COLLINS: You said Heidi. What do you mean?

GUPTA: Bill, Heidi, both of you.

HEMMER: All right, who's up tomorrow, Sanjay?

GUPTA: Hey, tomorrow, we're going to check in with our pack-a- day smoker Kathryn Burkholder. She managed to call it quits during the eight weeks of "New You," which was a triumph in and of itself. But as she managed to put it out for good, she also is going to have some surprises for us. She certainly had them for me. I'm going to share those with you tomorrow.

Also, be sure to join us all week. Log on to AMERICAN MORNING for our "New You" six-month checkup to find out who kept it up and who dropped the ball.

And also, Bill and Heidi, next hour we're going to talk about soda pop and diabetes. There is a link between all three of those. I'll explain how.

HEMMER: And a really important question, too. Thank you, Sanjay. You mentioned the Web site, CNN.com/AMERICAN MORNING for more on the six-month checkup. Thank you, Sanjay. See you a bit later this morning. Hello Jack. What's happening?

JACK CAFFERTY, CNN ANCHOR: Hello, Bill.

Seventy days from electing the next president, and both of the campaigns are mired in a nasty debate about John Kerry's war record during Vietnam. Both campaigns are afraid that the Swift Boat Veterans For Truth ads will undermine their efforts. Democrats, of course, are concerned the attacks on Kerry's character and credibility will take hold. Republicans worry there cold be a backlash against President Bush. Ultimately, it appears that John Kerry has the most to lose on these things.

The question we're asking is: iHas the Swift Boat controversy changed your mind about John Kerry?

Sandy in Chesterfield, South Carolina, writes: "The thing that concerns me are that, according to him, he volunteered to go to Vietnam, apparently took his own camera crew from the volumes of pictures we've seen, and then promptly came home and identified himself and others as war criminals. That's disturbing."

Stanley in Faribault, Minnesota: "It's been an amazing thing to watch how they can come out with a pack of lies and then create a media blitz. It's interesting to see the extreme extent the Republicans will go to keep the issues out of the news. It makes my support for Senator Kerry stronger."

Nancy in French Creek, West Virginia: "No. I believe that Kerry himself started the whole thing by using his military record in the campaign. He denounced his military career after his return from Vietnam and symbolically threw away his medals. Now those medals are useful to him, so he's bringing them out -- again."

Janet in Syracuse writes: "You certainly aren't naive enough to believe the Bush people aren't delighted with the Swift Boat controversy. They tried for months to attack John Kerry. Nothing worked. This is working, at least for the moment. It's the wedge issue Bush has been looking for to divert attention from his disastrous time in office."

And Tammy in Midland, Michigan: "No, the ads have not changed my mind. Jack, since you're tired of the ads and you want to hear about the issues, I have a good solution for you. Shut up about it already. You, the media, won't let it go. And therefore, you're the main problem. You shut up, then the candidates can move on."

HEMMER: You're getting a lot mail, aren't you?

CAFFERTY: Nice to hear from you, Tammy. I'll give you my home address. Maybe you want to drop me a Christmas card or something. You know what I'm saying? Yes, there is a lot of mail.

COLLINS: A lot of people are still talking about that for sure.

HEMMER: Hey, guess what's outside? COLLINS: The bus?

HEMMER: The bus here in New York City, in fact. The Election Bus, the Election Express is rolling through America. I think they were in Philly earlier in the week with Judy Woodruff on "INSIDE POLITICS" and the "CROSSFIRE" gang. They are here now and are going to stay here, in fact, right through the convention that begins on Monday here in New York City. So Carville and Carlson and Novak Begala and -- am I forgetting anybody? All there, along with the bus throughout the week here.

COLLINS: And they all sit on the bus?

HEMMER: That, they do. And there is plenty room inside too. So look for that.

COLLINS: Still to come this morning, the latest on those two deadly plane crashes in Russia. They crashed only minutes apart. Some are worried terrorism could be to blame. We'll talk about that more on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: In a moment here, that ongoing controversy surrounding New Jersey's Governor Jim McGreevey. We'll talk to the man a lot of Democrats want as his replacement. Senator Jon Corzine is our guest, top of the hour, after this on AMERICAN MORNING.

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Aired August 25, 2004 - 07:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: I'm Heidi Collins in for Soledad. This is Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Yes, still.

COLLINS: You're here all the time.

We're going to go back to the Scott Peterson trial in this half- hour. We're looking at whether Amber Frey helped the prosecution or the defense in her seven days of testimony. We're going to talk to Court TV reporter Lisa Bloom all about that.

HEMMER: So, they say she was the star witness, huh? We'll see how brightly she shines today.

COLLINS: There's a debate about that now.

HEMMER: Also in a moment, the remarkable story of being lost in the open ocean. You might have seen this movie, "Open Waters."

COLLINS: Right.

HEMMER: Well, we'll talk to two guys today. Mike Jackson and Keith Smith, two fishermen in a group that became stranded in the Gulf of Mexico. They're standing by live, enduring incredible hardships, their story told to us in a moment here. So, stay tuned for that.

COLLINS: And it is an incredible story.

For now, though, we want to get to Carol Costello. She's at the CNN center to find out what's happening now in the news.

Carol -- good morning.

CAROL COSTELLO, CNN ANCHOR: Good morning, Heidi. Thank you.

Russian officials say they found the flight data recorders at the crash sites of two Russian jetliners. The two planes crashed nearly simultaneously with 89 people aboard. The Interfax news agency cites witnesses saying they saw an explosion aboard the first plane before it crashed. That has not been confirmed. President Putting has authorized Russia's top intelligence agency to investigate.

An Australian man accused of fighting alongside the Taliban is expected to plead not guilty today at a military hearing in Guantanamo Bay, Cuba. David Hicks, accused of firing on U.S. forces in Afghanistan, is charged with conspiracy to commit war crimes. Hicks' family arrived in Cuba yesterday and is questioning the impartiality of the hearings.

Police are now questioning a man in connection with the killings of two camp counselors. The bodies of 23-year-old Lindsay Cutshall and 26-year-old Jason Allen were discovered Wednesday on a remote beach in northern California. The Wisconsin man turned himself in for questioning after hearing that authorities were looking for him. Investigators are calling him a witness, not a suspect.

The U.S. and Japan will have to consider their next move now that former chess champ, Bobby Fischer, has successfully blocked a Japanese deportation order. Japan rejected Fischer's application for political asylum and ordered him deported yesterday, but Fischer's lawyers were able to halt that order. Fischer, wanted in the U.S. for violating international sanctions, claims the charges against him are politically motivated. So it's back to a stalemate -- Bill.

HEMMER: All right, Carol, thanks for that.

Back here in New York now. Scott Peterson's ex-girlfriend can take a breather now. Defense lawyers wrapped up Amber Frey's cross- examination in his double-murder trial, but Frey could be called on again as a defense witness? We will wait for that.

With us now to analyze the cross-examination, civil rights attorney and Court TV anchor Lisa Bloom.

LISA BLOOM, CIVIL RIGHTS ATTORNEY: Good morning.

HEMMER: We should point out your mother is Gloria Allred.

BLOOM: Guilty as charged.

HEMMER: And Gloria Allred represents Amber Frey...

BLOOM: So they tell me.

HEMMER: ... in this case. So with that out of the way, Mark Geragos, let's look at some of the things he tried to show. One of the things he tried to show, Lisa, was that Amber says Scott never tried to stop her from going to police. How does that help the defense?

BLOOM: Well, because if Scott were truly guilty, he would probably try to talk his girlfriend out of speaking to law enforcement and telling them what she knows. Now, on the prosecution side, it seems clear that Scott Peterson at least suspected strongly that he was being taped beginning in early to mid-January. So, of course, he's not going to say anything terribly, you know, on the tape that makes him look guilty.

HEMMER: Second point. Scott never said anything incriminating in the taped phone calls, did he?

BLOOM: Well I think I would strongly disagree with that. I mean, one of the most important things for the prosecution on those tapes is his agreement with Amber's statement he told her before Laci went missing that he had lost his wife, and this would be his first holidays without her.

He also tells her at the very end of the tapes when he calls her from a pay phone, different than the other calls, he thinks he's not being taped, and he says to her, everything that you've guessed at is true. You've guessed at the answers to all of your questions.

Now, what did she guess at? She had guessed repeatedly on the tapes that he had something to do with Laci's disappearance. So, I think there are some pretty damages statements for him on those tapes.

HEMMER: In your first answer you alluded to this, and it's our third point that we want to make today. Scott's evasive answers on the calls came at the advice of an attorney.

BLOOM: Well, if Scott had truly -- if he were truly innocent and he had statements that would explain his behavior, why didn't he make them on the tapes? That's what the prosecution is going to argue. And if he had good explanations, why didn't he give them to the police? The fact that he didn't give them either to the police or to Amber Frey is something I think that the prosecution can use.

HEMMER: In summary, though, she was billed at the star witness.

BLOOM: Yes.

HEMMER: Is she still the star witness? is there a little bit of shine taken off of her? Or is this shine maybe stronger than before she took the stand?

BLOOM: I think she did very well. And I think the fact that Geragos was uncharacteristically gentle with her on cross-examination shows he didn't get much out of her. He knew he couldn't get a lot out of her. And he had to weigh it against the risk of really coming across as a bully in the courtroom.

Keep in mind, Amber really didn't testify all that much on direct. She mostly sat in the gallery while the tapes were played. You can't cross-examine the tapes. And I think Geragos knew that, and he was very gentle with her. He didn't go into any of her prior relationships, for example.

HEMMER: I want to move away from this a moment and quickly talk about the Kobe Bryant matter. Gary Tuchman here on CNN tells us now that the criminal case is expected to go forward...

BLOOM: Yes.

HEMMER: ... the criminal trial, telling what you?

BLOOM: Well, what the prosecutors have said all along is that they are going forward. Jury selection will begin later in the week. Not withstanding the fact that the accuser's civil attorneys filed a lawsuit for money damages, they're going forward with the case. It looks like it is a go.

HEMMER: Despite what everything we talked about a week ago regarding the civil side?

BLOOM: Absolutely. You know, the prosecutors are clearly, I think, at odds with the civil attorneys, who have dealt them a terrible blow by filing that lawsuit, giving the defense a good argument, it's all about money.

HEMMER: Thank you, Lisa. Lisa Bloom from Court TV with us again this morning.

BLOOM: Thank you.

HEMMER: All right -- Heidi.

COLLINS: It was a trip four Georgia fishermen had taken many times before. But on August 7, they suddenly found themselves in bad weather and in trouble off the coast of Florida. Their 19-foot boat capsized. And when the Coast Guard finally found them, one of them, John Fish (ph), was dead, having struggled to keep the boat afloat as they waited for rescue. They had clung to their overturned boat for three days.

Here now from Monticello, Georgia, survivors Mike Jackson and Keith Smith.

Gentlemen, thanks for being with us this morning to tell your story. Of course, our condolences go out to you for your loss in all of this.

I want to ask you, as we look at these pictures here in just a moment coming in to us from the Coast Guard, I understand that it's the first time that you will see some of them. Tell us what you remember about that boat bobbing in the water for as long as it did. Mike, tell us what your thoughts are.

MIKE JACKSON, RESCUED FROM GULF OF MEXICO: It was just survival. To hang on to the boat was our sanctuary at the time.

COLLINS: We continue to look at these amazing rescue pictures once again coming to us from the Coast Guard. I know that the two of you were seriously sunburned, you were dehydrated, bitten and stung by several jellyfish that were in the area as well. Do you remember what you were experiencing or thinking about as all of this was going on, Keith?

KEITH SMITH, RESCUED FROM GULF OF MEXICO: Mainly my family, just try to get back home, hang on as long as I could.

COLLINS: I know that was also the case for John Fish, the good friend of yours who you lost in all of this. In fact, some of his last words to you were to say to his wife that he loved her very much and to please watch out for his 5-year-old daughter.

SMITH: Right. COLLINS: Tell us why you consider him to be a hero.

SMITH: He pretty much helped save us. He kept air up under the boat and let the gas out of the tank. Anything he could do to help the boat stay afloat, he did.

COLLINS: Explain that a little bit further, if you would, Keith. He swam underneath the boat, and what did he do?

SMITH: Just getting everything out that would float, so we would have -- somebody might see something, debris of some type, anything that would floating. He went up under it several times.

COLLINS: What about...

JACKSON: Looking for anything we could use.

COLLINS: Of course, you were. And I also understand there was a message that John carved on that boat. What did the message say? Did either one of you get a chance to see it?

SMITH: That he loved his wife and kids.

COLLINS: I'm sure he did, and I know you have quite a task to keep the faith in the 5-year-old little girl, Madison. That will be quite a job for the both of you, and we certainly appreciate your story this morning here on AMERICAN MORNING. Mike and Keith, thanks once again.

SMITH: Thank you.

COLLINS: Bill.

HEMMER: It's about 22 minutes now before the hour. A check of the weather.

(WEATHER BREAK)

COLLINS: Still to come on AMERICAN MORNING, the last time we checked in on Kimberley Everett, she was trying to shed some extra pounds as part of our "New You" series. Six months later, has she stuck with the program? Dr. Sanjay Gupta has a checkup.

HEMMER: Also, Ellen DeGeneres is about to hit the big screen for a heavenly remake. ""90-Second Pop" is coming up this hour.

(COMMERCIAL BREAK)

COLLINS: OK, so if you weren't awake yet, you are now, right? It's time now for "90-Second Pop." And joining us today, Sarah Bernard from "New York" magazine.

Good morning, Sarah.

SARAH BERNARD, "NEW YORK" MAGAZINE: Good morning.

COLLINS: Andy Borowitz, humorist for BorowitzReport.com.

Andy, hello.

ANDY BOROWITZ, HUMORIST: Good morning.

COLLINS: And comedian Jessi Klein, contributor to VH1.

Good morning to you as well.

Sarah, I want to start with you. I love this movie, "Oh, God," with George Burns way, way, way back.

BERNARD: It was made back in 1977.

COLLINS: There's a remake coming out. Your thoughts are?

BERNARD: Well, they're casting Ellen DeGeneres as God this time, which I think it is so perfect that God is a talk show host. Don't you think? I mean, of all of the people they can pick...

COLLINS: And female.

BERNARD: And female, and you know, there are a lot of reasons, and lesbian, which is very different role from the way that God used to be. But I really think that what's great about this is one of her first monologues, the one that actually got Johnny Carson to ask her to come from the stage to the couch, it was a phone call to God. It was this bit that she used to do.

And so, she's been having these kind of God bits in her work forever. So, it's really appropriate. It comes full circle. And now she actually gets to be the God on the other end of the phone.

COLLINS: But it's a pretty tough act to follow, is it not? George Burns?

BOROWITZ: And who will play the John Denver role? That's neat, because I thought he was pivotal to have made that movie work.

BERNARD: Oh, (UNINTELLIGIBLE) I don't know.

JESSI KLEIN, COMEDIAN, VH1 CONTRIBUTOR: Who merits the John Denver (UNINTELLIGIBLE)?

BERNARD: I think Matt Damon. I think maybe it will be Matt.

BOROWITZ: Matt Damon, OK, there you go.

BERNARD: It's really all about George Burns. I don't know. I think it's really all about Ellen DeGeneres being in that movie. The other guy is secondary, don't you think?

KLEIN: I think any casting that pisses off the Republicans on down with seeing a lesbian play God...

BOROWITZ: There you go. KLEIN: ... I think that's definitely going to get under their skin.

BOROWITZ: There you go.

COLLINS: All right, let's talk about, Andy, Alan Alda.

BOROWITZ: Yes.

COLLINS: He's going to be joining "West Wing." Apparently there have been some ratings issues as of late. Do you think he'll be able to revive the momentum that they at least had?

BOROWITZ: You know, no one loves Alan Alda more than I do, but this has a whole kind of scrappy do-feel about it to me.

COLLINS: A scrappy do.

BOROWITZ: It feels more like Cousin Oliver on "The Brady Bunch."

BERNARD: Oh!

BOROWITZ: So, I just feel like it's a little too late. I do think it's kind of funny, though, when Hollywood, it's like he's playing a Republican, a conservative Republican, and so Hollywood is searching around for someone to play that. So who do they find? Alan Alda. Just perfect casting for that role.

BERNARD: And who is a liberal guy.

BOROWITZ: This will really test his acting chops, I think.

COLLINS: Right. Who do you think, though, would win between President Bartlett and Alan Alda as this conservative?

BOROWITZ: Well, you know, it's going to be an ugly campaign, because I was actually turning on the TV the other day, and the Swift Boat Veterans are now attacking Martin Sheen. So, it's getting incredibly messy, I think.

KLEIN: But at least Alan Alda has a whole series to prove that he did indeed serve in Korea. So there's not going to be any question to how they...

BOROWITZ: Exactly.

BERNARD: Well, I mean, it's so (UNINTELLIGIBLE) not think of Hawkeye Pierce (ph) though.

BOROWITZ: Right.

BERNARD: I really think it's going to be an adjustment. I don't know. Well, maybe he'll come in, in his, like, you know, medical garb one time and you'll be like all right.

COLLINS: And then you'll remember. All right, Jessi, let's talk about this remake news, The Wayans brothers...

KLEIN: Very important news.

COLLINS: ... reviving "The Munsters."

KLEIN: Yes.

COLLINS: Tell us about that.

KLEIN: Apparently the Wayans brothers, Keenen, Marlon and Shawn I want to say, came up with the idea to remake "The Munsters," the classic TV series.

COLLINS: Does this need to be remade?

KLEIN: That's an excellent question.

BOROWITZ: We don't have -- 90 seconds is not enough time really to answer that.

(CROSSTALK)

BERNARD: Absolutely.

KLEIN: Not enough time! All I'll say is this is the story. Apparently they came up with the idea to do this while they were filming "White Chicks." And I think anything that was conceived during the production of "White Chicks" I don't have high expectations for.

BOROWITZ: You know, when "The Munsters" first came on the air, there was this whole novelty about seeing this family of weirdoes, but we have the Jacksons now. And this feels -- it feels redundant to me.

KLEIN: Weirdo families are (UNINTELLIGIBLE).

BOROWITZ: Yes, the "Gottis," dare I say?

COLLINS: All right, you guys, thanks so much for that. I could say something about weirdo families, but I won't. Nice to have you with us, Sarah, Andy and Jessi.

Back over to you -- Bill.

HEMMER: All right, Heidi, thanks.

In a moment here, six months ago Kimberley Everett wanted to lose weight as part of our "New You" series. She worked out. She watched what she ate. She even talked to us about it just about every day. Is they still winning the battle of the bulge? Sanjay fills us in, in a moment, as our "New You" series continues after this.

(COMMERCIAL BREAK)

HEMMER: We are halfway through AMERICAN MORNING's "New You" six- month checkup. All week long, we're catching up with the five viewers who made their "New You" resolutions to feel better and to get fit. And we knew them very well back in January and February.

COLLINS: Yes, we did. And today, we're going to look at our youngest "New You" participant, 25-year-old Kim Everett. She started her resolution to fight her family history of diabetes and to fit into her skinny jeans once again.

We'll talk to Sanjay Gupta, who is joining us now from CNN center with an update on her.

Hey -- Sanjay.

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Hey, good morning.

Yes, Kim used to call herself "Miss Fat Booty." That was the name she gave herself. Let's see if Kim continued to achieve her goals even after the "New You" ended.

(BEGIN VIDEOTAPE)

KIMBERLEY EVERETT, "NEW YOU" PARTICIPANT: We fry it.

GUPTA (voice over): She loved fried catfish and daiquiris.

K. EVERETT: There are definitely no daiquiris in there. I can barely have a daiquiri now.

GUPTA: And hated working out. So, she dedicated herself to the "New You" to prevent diabetes, a family disease. Her sister, Toya, had her doubts.

TOYA EVERETT, KIMBERLEY'S SISTER: We'll all be shocked of Kim eating a salad instead of something fried.

GUPTA: We checked up on Kim at one of her three jobs. She's now a local band promoter on top of her PR and retail sales jobs. Here's what she had to say about "New You."

K. EVERETT: I got my family asking me, why am I eating daiquiris for (EXPLETIVE DELETED) dinner every night. I still do drink them, but not like that. But I can't give up chicken fingers, but I don't eat them a lot anymore. They're too bad for you.

GUPTA: Did we tell Kim and Toya anti-fry?

UNIDENTIFIED FEMALE: Why does this get this greasy feeling to it?

UNIDENTIFIED FEMALE: I think it's fried. It has to be fried.

GUPTA: And pro-fruit and veggies?

K. EVERETT: We have no desserts. No desserts.

T. EVERETT: No alcohol.

GUPTA: Even with some sips and slips... K. EVERETT: No, I didn't get a chance to work out today, but I probably will tomorrow.

GUPTA: ... those 10 pounds she lost in January never came back, and more were lost on Toya.

T. EVERETT: I lost four pounds last week.

GUPTA: Will they stick with it?

T. EVERETT: I'll try, but I think Kim will, because once she gets down and you're get back in those old jeans, which she loves, you're definitely a reminder of where you want to be.

(END VIDEOTAPE)

GUPTA: There she is. She looks pretty good. Kim Everett, living the dream in Atlanta. It looks like she kept by it there -- Heidi.

COLLINS: Yes, but halfway through the year, is that really a good time to start a resolution? It seems like it might be harder to kind of get your motivation going.

GUPTA: Yes, you know, it's interesting, because experts believe summertime is a more natural season for change, actually. But if you're going to do it, think about whole vacations, for example, and not just one-day holidays, giving yourself less time for stress, more time to eat right. Perhaps you swim and you bike instead of those football fests on the couch -- Heidi.

COLLINS: You said Heidi. What do you mean?

GUPTA: Bill, Heidi, both of you.

HEMMER: All right, who's up tomorrow, Sanjay?

GUPTA: Hey, tomorrow, we're going to check in with our pack-a- day smoker Kathryn Burkholder. She managed to call it quits during the eight weeks of "New You," which was a triumph in and of itself. But as she managed to put it out for good, she also is going to have some surprises for us. She certainly had them for me. I'm going to share those with you tomorrow.

Also, be sure to join us all week. Log on to AMERICAN MORNING for our "New You" six-month checkup to find out who kept it up and who dropped the ball.

And also, Bill and Heidi, next hour we're going to talk about soda pop and diabetes. There is a link between all three of those. I'll explain how.

HEMMER: And a really important question, too. Thank you, Sanjay. You mentioned the Web site, CNN.com/AMERICAN MORNING for more on the six-month checkup. Thank you, Sanjay. See you a bit later this morning. Hello Jack. What's happening?

JACK CAFFERTY, CNN ANCHOR: Hello, Bill.

Seventy days from electing the next president, and both of the campaigns are mired in a nasty debate about John Kerry's war record during Vietnam. Both campaigns are afraid that the Swift Boat Veterans For Truth ads will undermine their efforts. Democrats, of course, are concerned the attacks on Kerry's character and credibility will take hold. Republicans worry there cold be a backlash against President Bush. Ultimately, it appears that John Kerry has the most to lose on these things.

The question we're asking is: iHas the Swift Boat controversy changed your mind about John Kerry?

Sandy in Chesterfield, South Carolina, writes: "The thing that concerns me are that, according to him, he volunteered to go to Vietnam, apparently took his own camera crew from the volumes of pictures we've seen, and then promptly came home and identified himself and others as war criminals. That's disturbing."

Stanley in Faribault, Minnesota: "It's been an amazing thing to watch how they can come out with a pack of lies and then create a media blitz. It's interesting to see the extreme extent the Republicans will go to keep the issues out of the news. It makes my support for Senator Kerry stronger."

Nancy in French Creek, West Virginia: "No. I believe that Kerry himself started the whole thing by using his military record in the campaign. He denounced his military career after his return from Vietnam and symbolically threw away his medals. Now those medals are useful to him, so he's bringing them out -- again."

Janet in Syracuse writes: "You certainly aren't naive enough to believe the Bush people aren't delighted with the Swift Boat controversy. They tried for months to attack John Kerry. Nothing worked. This is working, at least for the moment. It's the wedge issue Bush has been looking for to divert attention from his disastrous time in office."

And Tammy in Midland, Michigan: "No, the ads have not changed my mind. Jack, since you're tired of the ads and you want to hear about the issues, I have a good solution for you. Shut up about it already. You, the media, won't let it go. And therefore, you're the main problem. You shut up, then the candidates can move on."

HEMMER: You're getting a lot mail, aren't you?

CAFFERTY: Nice to hear from you, Tammy. I'll give you my home address. Maybe you want to drop me a Christmas card or something. You know what I'm saying? Yes, there is a lot of mail.

COLLINS: A lot of people are still talking about that for sure.

HEMMER: Hey, guess what's outside? COLLINS: The bus?

HEMMER: The bus here in New York City, in fact. The Election Bus, the Election Express is rolling through America. I think they were in Philly earlier in the week with Judy Woodruff on "INSIDE POLITICS" and the "CROSSFIRE" gang. They are here now and are going to stay here, in fact, right through the convention that begins on Monday here in New York City. So Carville and Carlson and Novak Begala and -- am I forgetting anybody? All there, along with the bus throughout the week here.

COLLINS: And they all sit on the bus?

HEMMER: That, they do. And there is plenty room inside too. So look for that.

COLLINS: Still to come this morning, the latest on those two deadly plane crashes in Russia. They crashed only minutes apart. Some are worried terrorism could be to blame. We'll talk about that more on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: In a moment here, that ongoing controversy surrounding New Jersey's Governor Jim McGreevey. We'll talk to the man a lot of Democrats want as his replacement. Senator Jon Corzine is our guest, top of the hour, after this on AMERICAN MORNING.

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