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American Morning
The Assault On Falluja Continues; Latest Developments In the Peterson Trial
Aired November 09, 2004 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning.
They are dodging sniper fire and booby traps along the way. Coalition forces now surging into Falluja.
There may be trouble in the Scott Peterson trial. The judge issues a warning to the jury.
And in the Lone Star State, a high speed chase and a hail of bullets. That story ahead on AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
HEMMER: All right, good morning, everybody.
8:00 here in New York.
Good to have you along with us today.
Soledad is back today after a long weekend.
SOLEDAD O'BRIEN, CNN ANCHOR: And happy to be here.
HEMMER: And feeling better, right?
O'BRIEN: Yes, I am.
HEMMER: Terrific.
That push into Falluja has begun in earnest. Kofi Annan warning such an assault could alienate Iraqis and jeopardize elections scheduled for late January. What about that issue? We'll talk to Iraq's U.N. representative to see whether or not he thinks that is the case today in Iraq.
O'BRIEN: Also this morning, identity theft is a nightmare for anybody, but it was even worse for one man who had to track down the thief from his hospital bed while he was being treated for cancer. We're going to talk to the victim this morning and find out if he was ever able to get some justice in that case.
HEMMER: I'll tell you, that guy is a fighter to the core and the only reason why he's a fighter is he was able to track down this guy who has taken his identity away from him. An amazing story for you, too. Hey -- Jack.
JACK CAFFERTY, CNN CORRESPONDENT: Hi, Bill.
Coming up in the "Cafferty File" in a little less than an hour, we're going to tell you about a new reality television show in Britain where couples are graded on their performance in the bedroom.
And we'll tell you about a man who couldn't locate his cell phone until his dog started ringing. Coming up later.
O'BRIEN: Thanks, Jack.
HEMMER: All right, good.
Let's get to Kelly Wallace now, the top of the hour here and top stories -- good morning.
KELLY WALLACE, CNN CORRESPONDENT: Good morning again to you all.
Good morning, everyone.
Now in the news, we could learn more about Palestinian leader Yasser Arafat's condition this hour. A high level Palestinian delegation has arrived at the Paris hospital where Arafat is being treated. Earlier, a hospital spokesman said the 75-year-old leader's condition had worsened.
Time may be running out for U.N. workers being held hostage in Afghanistan. There are reports that a Taliban splinter group is threatening to kill one of the three hostages today unless the Afghan government frees dozens of Taliban prisoners. Government officials say they will not give in to the demands.
Here in the United States, attorneys for Kobe Bryant's accuser may try to move the civil suit against the NBA star from Colorado to California. The move could open the door to a multi-million dollar lawsuit against Bryant because California does not have a cap on financial damages. We'll have more on how the change could impact the trial with CNN legal analyst Jeff Toobin later this hour.
And the architects of the planned Freedom Tower in New York City are facing legal action. At issue are designs for a skyscraper at the World Trade Center site. A former architectural student from Yale University claims the plan looks similar to a structure he designed for the proposed 2012 Olympic Games in New York. It doesn't appear that the architects of the Freedom Tower have yet commented.
That's a quick look at the headlines.
Now back to Soledad.
O'BRIEN: All right, Kelly, thanks very much.
It is day two of the battle for Falluja and more than 10,000 U.S. troops, 2,000 Iraqi forces pounding targets inside that city. Military officials say as many as 5,000 insurgents may still be inside Falluja. But the whereabouts of terrorist Abu Musab al-Zarqawi, believed to have been in the insurgent stronghold, still unknown, according to Defense Secretary Donald Rumsfeld.
Iraqi Prime Minister Ayad Allawi says removal of insurgents in Falluja will help pave the way for January elections.
Samir Sumaidie is Iraq's representative to the U.N.
He joins us again to talk about some of the developments that we've been hearing about this morning.
Nice to have you both.
Thank you.
SAMIR SUMAIDIE, IRAQ'S U.N. REPRESENTATIVE: Thank you.
O'BRIEN: I know you've met with Kofi Annan. Yesterday, as you well know, last week, he was critical of any attack on Falluja. He said it could have a negative impact on the elections.
What did you two discuss in this vein?
SUMAIDIE: Well, as you know, on Saturday, we delivered the formal response from Dr. Ayad Allawi to Kofi Annan in which he outlined the rationale behind taking robust action in Falluja and why it is that the government felt that it had no choice but to act. In fact, yesterday we concentrated more on areas of agreement rather than areas of disagreement because...
O'BRIEN: What were some of the areas of agreement?
SUMAIDIE: Yes, the fundamentals are the same. You see, in his letter, Kofi Annan expresses concern for civilian casualties. Well, we have, of course, the same concern. We don't want to have civilian casualties. They would hurt Iraq in every way, politically and it would be a loss of life.
But the choice here is not between civilian casualties or no civilian casualties. It's between civilian casualties if we act or perhaps even more civilian casualties if we do not act. We cannot have a situation where a whole area is a safe haven for terrorists, used as a factory for car bombs. They are committing atrocities in the city and outside the city every day, where law and order is totally lost. This is not a way to prepare for elections.
The only way is to get the rule of law applied everywhere in Iraq to prepare for the elections.
O'BRIEN: The attorney general, John Ashcroft, says that it could tip the populace into supporting the election, sort of motivate people to polls. At the same time, there are many who say that actually the complete reverse could be the case, that if casualties mount, you could have a much bigger problem on your hands, in many ways. SUMAIDIE: It is -- we realize there are risks. But we also know that the bulk of the population of Falluja, which has fled, would dearly want to rid the town of these murderers and thugs. I mean we know that for a fact. So these things could go either way. It will depend a lot on how operations go.
But I can tell you for sure that many people in Falluja have had their lives turned into a living hell by these terrorists. They are scared and they are threatened every day of the week.
O'BRIEN: The reports that we're getting from some of our embedded reporters is that there has been no big organized force, as the military makes its way into the center of the city. There's been no major battle. The fierce battle has not happened.
Does that mean that the insurgents have fled, are now outside of Falluja and could be elsewhere?
SUMAIDIE: Frankly, I think it's too early to tell. We'll have to wait and see what transpires. We know, of course, that many of the insurgents might have already filtered out, or they will filter out during the battle. We know that. And they will strike again. This is, as military analysts have told you many times, this is not the battle that ends all battles. It is simply to deprive the terrorists of a safe haven. And they cannot have a safe haven in a country which is preparing for elections.
O'BRIEN: There are some analysts who say there are 20 other cities and towns where these insurgents are -- where it's similar to what's going on in Falluja. Do you see then...
SUMAIDIE: Not on the same scale and not with the same importance.
O'BRIEN: Do all 20 need to be taken out, then?
SUMAIDIE: No, no. I don't think it's to that scale. We are talking about areas where they have influence or areas where they can terrorize people. Deprived of Najaf first, Samarra second, and now Falluja, I think that will weaken them considerably and it will make dealing with them easier in the future.
O'BRIEN: Samir Sumaidie, thanks for talking with us.
We always appreciate it.
SUMAIDIE: Thank you.
O'BRIEN: Thanks -- Bill.
HEMMER: Soledad, thanks.
Seven minutes past the hour.
I want to shift our attention now to California. Jurors deciding the fate of Scott Peterson convene for a fifth day of deliberations later today and there may be trouble in this case in Redwood City.
Rusty Dornin is at the California courthouse to bring us up to date -- Rusty, what's happening?
Good morning there.
RUSTY DORNIN, CNN CORRESPONDENT: Well, Bill, by the end of the day yesterday, the jury had requested some 30 additional pieces of evidence to look at, including tidal charts where Scott Peterson went fishing and the wiretapped phone calls between Scott Peterson and Amber Frey. It sounds like a jury that really wants to come to a verdict, right?
Well, earlier in the day, there was definitely trouble brewing in the jury room.
(BEGIN VIDEOTAPE)
DORNIN (voice-over): It's what every judge doesn't want to hear, a jury so deeply divided they don't think they can agree on a verdict. Legal analysts say that's what's happening in the Scott Peterson murder trial.
The judge reread jury instructions to the panel, asking them not to hesitate changing their opinion if they could do so to reach a verdict, instructions, say observers, normally read when a jury is deadlocked.
CHUCK SMITH, LEGAL ANALYST: What that indicates very clearly and very directly is that the jury is not getting along, there are obviously two camps. No one knows what the size of the camps are.
DORNIN: Earlier, attorneys battled over a key piece of evidence when the jury rocked the boat, literally. Jurors were taken to see Scott Peterson's boat up close. Apparently two jurors got inside the boat and began rocking it from side to side, possibly to see for themselves whether the boat would capsize. Prosecutors claim Peterson dumped his wife's body over the side of the boat.
JIM HAMMER, LEGAL ANALYST: If that is seen as an experiment, that is absolutely forbidden under California law and there is case after case that have been reversed on appeal after a conviction for juries conducting experiments.
DORNIN: Geragos asked for a mistrial and was denied.
(END VIDEOTAPE)
DORNIN: Geragos also asked as an alternative to a mistrial to have the jury see a defense demonstration video where one of the participants throws someone about the size and weight of Laci Peterson over the sides of the boat. Well, apparently the boat did capsize. The judge had kept that piece of video out of the trial and he told Geragos it's not getting into the jurors this time, as well.
And I do want to say, Bill, beware of large camps of media watching and waiting, because there's plenty of speculation going on.
HEMMER: And plenty of them out there, too, I am certain.
Rusty, what happens -- I know it's California law here that applies -- what happens if the jury cannot reach a verdict?
DORNIN: Well, the judge already gave a forewarning of that, saying that he might have to come back in and read another instruction from a case, "People v. Moore," where the judge talks about getting the jurors to play, role play, to take the opposite side, to argue it, to do anything they can to sort of break their bias. He will continue to do that. He does not want to see this case get deadlocked. But it does look like the jury is trying to be very thorough now as they're going through these additional pieces of evidence.
HEMMER: A very tough thing to read the minds of jurors, too, as we go through with this.
Thank you, Rusty.
Rusty Dornin in Redwood City today -- Soledad.
O'BRIEN: Well, an incredible shootout and car chase to show you near Dallas. It was captured on video by police dashboard cameras. The robbers had been named the takeover bandits.
And we get the story now from Bert Lozano with our Dallas affiliate WFAA.
(BEGIN VIDEOTAPE)
BERT LOZANO, REPORTER, WFAA (voice-over): Under a blaze of bullets...
UNIDENTIFIED MALE: Gosh damn!
LOZANO: ... police pursued the alleged bank robbers. Here, just as the suspects are about to enter Central Expressway, they back up and open fire, taking aim at a Richardson police officer.
UNIDENTIFIED MALE: Yes, go, go, go, go!
LOZANO: Amazingly, only one officer receives a minor injury from broken glass during the intense chase. This is one of the bank robbery suspects who police say shot at police and is part of the notorious takeover bandits, who allegedly are responsible for some 60 robberies. Officers escorted Guadalupe Fajardo on a flight to Dallas after he turned himself in to authorities in Lubbock Saturday. Once he landed, officers booked him into the Dallas County Jail.
Richardson police say this video from patrol units proved the suspects are dangerous and must be apprehended after escaping officers during the chase. That's even after smashing their getaway truck into a pole and then opening fire on officers once again.
This time, a motorist is almost caught in the gunfire. Police did not return fire for fear innocent bystanders would get hurt and the suspects are able to get away.
(END VIDEOTAPE)
O'BRIEN: Wow! They were shooting at the bystanders. That's unbelievable.
That was Bert Lozano reporting from our affiliate WFAA in Dallas.
HEMMER: And in broad daylight, too.
O'BRIEN: Wow!
HEMMER: We want to get to weather right now.
Chad Myers watching things at the CNN Center.
Good morning -- Chad.
The only good thing about that story was that it was beautiful in Texas yesterday.
CHAD MYERS, CNN METEOROLOGIST: Yes, it was.
HEMMER: Even right now.
MYERS: That's how it relates to you, by the way.
O'BRIEN: That's searching for a silver lining.
MYERS: A great day for a shooting.
Exactly.
(WEATHER REPORT)
O'BRIEN: Still to come this morning, Yasser Arafat slips deeper into a coma while a top team of Palestinian officials struggle for a bedside visit.
HEMMER: Also, Kobe Bryant may face another lawsuit, and this one could be even more expensive. We'll explain that, sort through it for you, in a moment.
O'BRIEN: And we're going to hear from a man who single-handedly brought an identity thief to justice. It all began with his cancer treatment. That story is ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Millions of Americans have been victimized by identity thief and Eric Drew knows the feeling better than most. Incredibly, Eric's identity was stolen while he was being treated for leukemia. Just last week, Richard Gibson, a technician at the Seattle Cancer Facility, was sentenced to 16 months in prison for stealing Eric's good name. Gibson was ordered to pay back $15,000.
And I talked with Eric Drew, who is undergoing additional treatment now in Minneapolis, Minnesota, along with his attorney, Gregory Ursich, from Seattle.
(BEGIN VIDEOTAPE)
HEMMER: Eric, tell us at what point did you realize that your identity was being taken by someone else?
ERIC DREW, IDENTITY THEFT VICTIM: Well, I had been at Sanford Medical Center for about eight months having treatment for leukemia. I was then transferred to the Seattle Cancer Care Alliance for an attempt at an experimental bone marrow transplant. And about a week to 10 days after arriving in Seattle, I started getting notices from banks, from financial institutions, thanking me for credit requests that I had not submitted.
HEMMER: What did you do? Your first step was what, then?
DREW: Well, I complained to everybody I could become -- I came in contact with -- nurses, you know, cleanup people, the social workers, anybody at the hospital that I could get to listen. And they said that they would forward my complaint off to the administration.
I knew from the very beginning that it was someone at the clinic who had acquired by information because I had no other connections in Seattle and it hadn't been long enough to -- for anybody else to acquire my information.
HEMMER: So you were convinced that it was someone who worked there or someone who was possibly being treated there?
DREW: Somebody who worked there.
HEMMER: Yes. So you put together a list or you start to check off names, or how did you go about it? I mean, after all, you're being treated for cancer at the time. I imagine the obstacles were tremendous.
DREW: They were. And what happened was is I was very sick. So there was many months where I just did not have the energy and the wherewithal to go after this person or to fight this identity fraud. The collection notices started to come in a couple of months later and my bone marrow transplant, which was December 23, I went through that and about mid-January, when it had been going on for about five months, was when I decided that I wasn't getting help from the police or from any law enforcement agency. And I decided to go and find this person myself.
HEMMER: Wow. And now he has been, as we mentioned a week ago, given his punishment.
Are you happy with the sentence that was given him? DREW: Yes and no. I'm happy because I agreed to the plea. They were kind enough to -- the U.S. Justice Department was kind enough to ask me, you know, if I agreed with the plea, that they would drop, you know, other charges, in turn that he would plead guilty to the HIPAA violation, which is, as you know, the first prosecution of its kind in this country. I agreed to that and therefore I am happy that we were able to set precedent in this way.
I think that he got off easy. I think that 16 months in jail for what he did to me and what he probably did to many others is very light.
HEMMER: Gregory Ursich is an attorney in Seattle.
GREGORY URSICH, ATTORNEY: Yes.
HEMMER: Was Eric Gibson's only victim or were there others at that hospital that we know of?
URSICH: We are not aware of any others at this point. For Mr. Gibson, this was his first time offense that we know of, as Eric pointed out. But although we believe that maybe Mr. Gibson had victimized others at the Seattle Cancer Care Alliance.
It was interesting that he picked Eric as the victim here because Eric was one of these categories of leukemia that's 85 percent fatal. So he probably believed that Eric was going to not be around to fight. But Eric has proved that wrong immensely throughout his time.
(END VIDEOTAPE)
HEMMER: Eric Drew and his attorney from Seattle earlier.
According to a government survey conducted in September of last year, 10 million Americans have become the victims of identity fraud. And for Eric, his battle continues.
And he says, Soledad, that he will win this fight against leukemia. And we certainly wish him the best.
O'BRIEN: Absolutely.
Wow, he's tough.
All right, Bill, thanks.
Still to come this morning, U.S. forces surprised by the level of resistance in Falluja.
Plus, a heart treatment that proves successful for African- Americans raises some ethical treatments about race-based medicine. That's ahead on AMERICAN MORNING. stay with us.
(COMMERCIAL BREAK)
O'BRIEN: Let's get right to Jack with the Question of the Day -- hello.
CAFFERTY: Hi there.
One of the top priorities for President Bush in his second term is to do something about Social Security. In its present form, Social Security will run out of money as the huge baby boom generation moves into retirement. The president wants to let people put part of their money into private accounts where the politicians couldn't touch it.
Well, some of the politicians don't like that idea because it would create a $2.3 trillion deficit over the 10 years if they privatize part of it, and that's money that the government currently spends on other things than Social Security. They don't want to lose the revenue stream.
Here's the question. How would you fix Social Security?
Shaun in Roanoke writes: "The simplest solution to fixing Social Security is to separate Social Security from the U.S. government operating funds. This is the way it used to be back a long time ago in the good old days. This would eliminate the back pocket change option for budget planners."
P.J. in Phoenix: "The politicians have to get their grubby little hands on that money. How else are they going to pay Halliburton? Where else are they going to get the money to fund Bush's deficit? Most important, how will we fund the next war?"
Steve in Cedar Rapids, Iowa: "Take away Congress' sweetheart retirement plan. Put them on the same Social Security benefits we get and watch how fast they fix it."
And Mike in Florida has a great idea. "The perfect way to fix Social Security is euthanasia immediately upon retirement. This will save money on Social Security and have a beneficial side effect of cutting the Medicare budget, as well. The government could then take over the houses of the people it euthanized, sell them and use the money to pay off the national debt. Don't say this too loudly. If they hear you, somebody in Washington might start thinking it's a good idea."
HEMMER: Well, you were asking for solutions, weren't you?
CAFFERTY: Yes, we're getting a lot of them.
HEMMER: And there's one.
CAFFERTY: We're getting a tremendous number of responses.
HEMMER: Is that so?
CAFFERTY: Oh, yes.
HEMMER: It's solvent until, what, 2015 or 2020 or thereabouts, late in the next decade? CAFFERTY: If you believe any of the numbers that those people foist off on us down there in Washington, I've got a bridge I'll make you a quick deal on. They say yes, it's solvent until, it's solvent until. We're over a trillion dollars -- I mean look at the national debt and the trade deficit. This country is deeply mired in debt. We owe much more money than we have available for any of the programs that we currently administer and to suggest anything about the government at the federal level is solvent is absolutely wrong. It's a lie. The federal government is not solvent.
O'BRIEN: It's wrong. It's a lie.
HEMMER: Thank you, Jack.
CAFFERTY: Yes.
HEMMER: Let's get a break here.
In a moment when we continue, the latest on what's happening at Yasser Arafat's bedside in Paris.
And why Kobe Bryant's accuser may sue him again.
Back in a moment right after this.
(COMMERCIAL BREAK)
O'BRIEN: Get the latest news every morning in your e-mail. Sign up for American government Quick News at cnn.com/am.
Still to come this morning, President Bush meets with wounded troops. Details on that just ahead.
Stay with us.
You're watching AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Good morning.
Welcome back, everybody.
Just about half past the hour on this AMERICAN MORNING.
Not even a week into deliberations, already the Scott Peterson jury already run into problems. Jurors got a lecture yesterday from the judge in the case. Jeff Toobin will join us in just a moment to tell us what that was about.
HEMMER: Also this half hour, a landmark study in the treatment of heart failure. It could lead to the first ever approval of a medication marketed specifically to a single racial group. So we'll talk about that. Offering hope, but it's raising ethical questions, as well. Elizabeth Cohen stops by in a few moments to look at that.
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Aired November 9, 2004 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning.
They are dodging sniper fire and booby traps along the way. Coalition forces now surging into Falluja.
There may be trouble in the Scott Peterson trial. The judge issues a warning to the jury.
And in the Lone Star State, a high speed chase and a hail of bullets. That story ahead on AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
HEMMER: All right, good morning, everybody.
8:00 here in New York.
Good to have you along with us today.
Soledad is back today after a long weekend.
SOLEDAD O'BRIEN, CNN ANCHOR: And happy to be here.
HEMMER: And feeling better, right?
O'BRIEN: Yes, I am.
HEMMER: Terrific.
That push into Falluja has begun in earnest. Kofi Annan warning such an assault could alienate Iraqis and jeopardize elections scheduled for late January. What about that issue? We'll talk to Iraq's U.N. representative to see whether or not he thinks that is the case today in Iraq.
O'BRIEN: Also this morning, identity theft is a nightmare for anybody, but it was even worse for one man who had to track down the thief from his hospital bed while he was being treated for cancer. We're going to talk to the victim this morning and find out if he was ever able to get some justice in that case.
HEMMER: I'll tell you, that guy is a fighter to the core and the only reason why he's a fighter is he was able to track down this guy who has taken his identity away from him. An amazing story for you, too. Hey -- Jack.
JACK CAFFERTY, CNN CORRESPONDENT: Hi, Bill.
Coming up in the "Cafferty File" in a little less than an hour, we're going to tell you about a new reality television show in Britain where couples are graded on their performance in the bedroom.
And we'll tell you about a man who couldn't locate his cell phone until his dog started ringing. Coming up later.
O'BRIEN: Thanks, Jack.
HEMMER: All right, good.
Let's get to Kelly Wallace now, the top of the hour here and top stories -- good morning.
KELLY WALLACE, CNN CORRESPONDENT: Good morning again to you all.
Good morning, everyone.
Now in the news, we could learn more about Palestinian leader Yasser Arafat's condition this hour. A high level Palestinian delegation has arrived at the Paris hospital where Arafat is being treated. Earlier, a hospital spokesman said the 75-year-old leader's condition had worsened.
Time may be running out for U.N. workers being held hostage in Afghanistan. There are reports that a Taliban splinter group is threatening to kill one of the three hostages today unless the Afghan government frees dozens of Taliban prisoners. Government officials say they will not give in to the demands.
Here in the United States, attorneys for Kobe Bryant's accuser may try to move the civil suit against the NBA star from Colorado to California. The move could open the door to a multi-million dollar lawsuit against Bryant because California does not have a cap on financial damages. We'll have more on how the change could impact the trial with CNN legal analyst Jeff Toobin later this hour.
And the architects of the planned Freedom Tower in New York City are facing legal action. At issue are designs for a skyscraper at the World Trade Center site. A former architectural student from Yale University claims the plan looks similar to a structure he designed for the proposed 2012 Olympic Games in New York. It doesn't appear that the architects of the Freedom Tower have yet commented.
That's a quick look at the headlines.
Now back to Soledad.
O'BRIEN: All right, Kelly, thanks very much.
It is day two of the battle for Falluja and more than 10,000 U.S. troops, 2,000 Iraqi forces pounding targets inside that city. Military officials say as many as 5,000 insurgents may still be inside Falluja. But the whereabouts of terrorist Abu Musab al-Zarqawi, believed to have been in the insurgent stronghold, still unknown, according to Defense Secretary Donald Rumsfeld.
Iraqi Prime Minister Ayad Allawi says removal of insurgents in Falluja will help pave the way for January elections.
Samir Sumaidie is Iraq's representative to the U.N.
He joins us again to talk about some of the developments that we've been hearing about this morning.
Nice to have you both.
Thank you.
SAMIR SUMAIDIE, IRAQ'S U.N. REPRESENTATIVE: Thank you.
O'BRIEN: I know you've met with Kofi Annan. Yesterday, as you well know, last week, he was critical of any attack on Falluja. He said it could have a negative impact on the elections.
What did you two discuss in this vein?
SUMAIDIE: Well, as you know, on Saturday, we delivered the formal response from Dr. Ayad Allawi to Kofi Annan in which he outlined the rationale behind taking robust action in Falluja and why it is that the government felt that it had no choice but to act. In fact, yesterday we concentrated more on areas of agreement rather than areas of disagreement because...
O'BRIEN: What were some of the areas of agreement?
SUMAIDIE: Yes, the fundamentals are the same. You see, in his letter, Kofi Annan expresses concern for civilian casualties. Well, we have, of course, the same concern. We don't want to have civilian casualties. They would hurt Iraq in every way, politically and it would be a loss of life.
But the choice here is not between civilian casualties or no civilian casualties. It's between civilian casualties if we act or perhaps even more civilian casualties if we do not act. We cannot have a situation where a whole area is a safe haven for terrorists, used as a factory for car bombs. They are committing atrocities in the city and outside the city every day, where law and order is totally lost. This is not a way to prepare for elections.
The only way is to get the rule of law applied everywhere in Iraq to prepare for the elections.
O'BRIEN: The attorney general, John Ashcroft, says that it could tip the populace into supporting the election, sort of motivate people to polls. At the same time, there are many who say that actually the complete reverse could be the case, that if casualties mount, you could have a much bigger problem on your hands, in many ways. SUMAIDIE: It is -- we realize there are risks. But we also know that the bulk of the population of Falluja, which has fled, would dearly want to rid the town of these murderers and thugs. I mean we know that for a fact. So these things could go either way. It will depend a lot on how operations go.
But I can tell you for sure that many people in Falluja have had their lives turned into a living hell by these terrorists. They are scared and they are threatened every day of the week.
O'BRIEN: The reports that we're getting from some of our embedded reporters is that there has been no big organized force, as the military makes its way into the center of the city. There's been no major battle. The fierce battle has not happened.
Does that mean that the insurgents have fled, are now outside of Falluja and could be elsewhere?
SUMAIDIE: Frankly, I think it's too early to tell. We'll have to wait and see what transpires. We know, of course, that many of the insurgents might have already filtered out, or they will filter out during the battle. We know that. And they will strike again. This is, as military analysts have told you many times, this is not the battle that ends all battles. It is simply to deprive the terrorists of a safe haven. And they cannot have a safe haven in a country which is preparing for elections.
O'BRIEN: There are some analysts who say there are 20 other cities and towns where these insurgents are -- where it's similar to what's going on in Falluja. Do you see then...
SUMAIDIE: Not on the same scale and not with the same importance.
O'BRIEN: Do all 20 need to be taken out, then?
SUMAIDIE: No, no. I don't think it's to that scale. We are talking about areas where they have influence or areas where they can terrorize people. Deprived of Najaf first, Samarra second, and now Falluja, I think that will weaken them considerably and it will make dealing with them easier in the future.
O'BRIEN: Samir Sumaidie, thanks for talking with us.
We always appreciate it.
SUMAIDIE: Thank you.
O'BRIEN: Thanks -- Bill.
HEMMER: Soledad, thanks.
Seven minutes past the hour.
I want to shift our attention now to California. Jurors deciding the fate of Scott Peterson convene for a fifth day of deliberations later today and there may be trouble in this case in Redwood City.
Rusty Dornin is at the California courthouse to bring us up to date -- Rusty, what's happening?
Good morning there.
RUSTY DORNIN, CNN CORRESPONDENT: Well, Bill, by the end of the day yesterday, the jury had requested some 30 additional pieces of evidence to look at, including tidal charts where Scott Peterson went fishing and the wiretapped phone calls between Scott Peterson and Amber Frey. It sounds like a jury that really wants to come to a verdict, right?
Well, earlier in the day, there was definitely trouble brewing in the jury room.
(BEGIN VIDEOTAPE)
DORNIN (voice-over): It's what every judge doesn't want to hear, a jury so deeply divided they don't think they can agree on a verdict. Legal analysts say that's what's happening in the Scott Peterson murder trial.
The judge reread jury instructions to the panel, asking them not to hesitate changing their opinion if they could do so to reach a verdict, instructions, say observers, normally read when a jury is deadlocked.
CHUCK SMITH, LEGAL ANALYST: What that indicates very clearly and very directly is that the jury is not getting along, there are obviously two camps. No one knows what the size of the camps are.
DORNIN: Earlier, attorneys battled over a key piece of evidence when the jury rocked the boat, literally. Jurors were taken to see Scott Peterson's boat up close. Apparently two jurors got inside the boat and began rocking it from side to side, possibly to see for themselves whether the boat would capsize. Prosecutors claim Peterson dumped his wife's body over the side of the boat.
JIM HAMMER, LEGAL ANALYST: If that is seen as an experiment, that is absolutely forbidden under California law and there is case after case that have been reversed on appeal after a conviction for juries conducting experiments.
DORNIN: Geragos asked for a mistrial and was denied.
(END VIDEOTAPE)
DORNIN: Geragos also asked as an alternative to a mistrial to have the jury see a defense demonstration video where one of the participants throws someone about the size and weight of Laci Peterson over the sides of the boat. Well, apparently the boat did capsize. The judge had kept that piece of video out of the trial and he told Geragos it's not getting into the jurors this time, as well.
And I do want to say, Bill, beware of large camps of media watching and waiting, because there's plenty of speculation going on.
HEMMER: And plenty of them out there, too, I am certain.
Rusty, what happens -- I know it's California law here that applies -- what happens if the jury cannot reach a verdict?
DORNIN: Well, the judge already gave a forewarning of that, saying that he might have to come back in and read another instruction from a case, "People v. Moore," where the judge talks about getting the jurors to play, role play, to take the opposite side, to argue it, to do anything they can to sort of break their bias. He will continue to do that. He does not want to see this case get deadlocked. But it does look like the jury is trying to be very thorough now as they're going through these additional pieces of evidence.
HEMMER: A very tough thing to read the minds of jurors, too, as we go through with this.
Thank you, Rusty.
Rusty Dornin in Redwood City today -- Soledad.
O'BRIEN: Well, an incredible shootout and car chase to show you near Dallas. It was captured on video by police dashboard cameras. The robbers had been named the takeover bandits.
And we get the story now from Bert Lozano with our Dallas affiliate WFAA.
(BEGIN VIDEOTAPE)
BERT LOZANO, REPORTER, WFAA (voice-over): Under a blaze of bullets...
UNIDENTIFIED MALE: Gosh damn!
LOZANO: ... police pursued the alleged bank robbers. Here, just as the suspects are about to enter Central Expressway, they back up and open fire, taking aim at a Richardson police officer.
UNIDENTIFIED MALE: Yes, go, go, go, go!
LOZANO: Amazingly, only one officer receives a minor injury from broken glass during the intense chase. This is one of the bank robbery suspects who police say shot at police and is part of the notorious takeover bandits, who allegedly are responsible for some 60 robberies. Officers escorted Guadalupe Fajardo on a flight to Dallas after he turned himself in to authorities in Lubbock Saturday. Once he landed, officers booked him into the Dallas County Jail.
Richardson police say this video from patrol units proved the suspects are dangerous and must be apprehended after escaping officers during the chase. That's even after smashing their getaway truck into a pole and then opening fire on officers once again.
This time, a motorist is almost caught in the gunfire. Police did not return fire for fear innocent bystanders would get hurt and the suspects are able to get away.
(END VIDEOTAPE)
O'BRIEN: Wow! They were shooting at the bystanders. That's unbelievable.
That was Bert Lozano reporting from our affiliate WFAA in Dallas.
HEMMER: And in broad daylight, too.
O'BRIEN: Wow!
HEMMER: We want to get to weather right now.
Chad Myers watching things at the CNN Center.
Good morning -- Chad.
The only good thing about that story was that it was beautiful in Texas yesterday.
CHAD MYERS, CNN METEOROLOGIST: Yes, it was.
HEMMER: Even right now.
MYERS: That's how it relates to you, by the way.
O'BRIEN: That's searching for a silver lining.
MYERS: A great day for a shooting.
Exactly.
(WEATHER REPORT)
O'BRIEN: Still to come this morning, Yasser Arafat slips deeper into a coma while a top team of Palestinian officials struggle for a bedside visit.
HEMMER: Also, Kobe Bryant may face another lawsuit, and this one could be even more expensive. We'll explain that, sort through it for you, in a moment.
O'BRIEN: And we're going to hear from a man who single-handedly brought an identity thief to justice. It all began with his cancer treatment. That story is ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Millions of Americans have been victimized by identity thief and Eric Drew knows the feeling better than most. Incredibly, Eric's identity was stolen while he was being treated for leukemia. Just last week, Richard Gibson, a technician at the Seattle Cancer Facility, was sentenced to 16 months in prison for stealing Eric's good name. Gibson was ordered to pay back $15,000.
And I talked with Eric Drew, who is undergoing additional treatment now in Minneapolis, Minnesota, along with his attorney, Gregory Ursich, from Seattle.
(BEGIN VIDEOTAPE)
HEMMER: Eric, tell us at what point did you realize that your identity was being taken by someone else?
ERIC DREW, IDENTITY THEFT VICTIM: Well, I had been at Sanford Medical Center for about eight months having treatment for leukemia. I was then transferred to the Seattle Cancer Care Alliance for an attempt at an experimental bone marrow transplant. And about a week to 10 days after arriving in Seattle, I started getting notices from banks, from financial institutions, thanking me for credit requests that I had not submitted.
HEMMER: What did you do? Your first step was what, then?
DREW: Well, I complained to everybody I could become -- I came in contact with -- nurses, you know, cleanup people, the social workers, anybody at the hospital that I could get to listen. And they said that they would forward my complaint off to the administration.
I knew from the very beginning that it was someone at the clinic who had acquired by information because I had no other connections in Seattle and it hadn't been long enough to -- for anybody else to acquire my information.
HEMMER: So you were convinced that it was someone who worked there or someone who was possibly being treated there?
DREW: Somebody who worked there.
HEMMER: Yes. So you put together a list or you start to check off names, or how did you go about it? I mean, after all, you're being treated for cancer at the time. I imagine the obstacles were tremendous.
DREW: They were. And what happened was is I was very sick. So there was many months where I just did not have the energy and the wherewithal to go after this person or to fight this identity fraud. The collection notices started to come in a couple of months later and my bone marrow transplant, which was December 23, I went through that and about mid-January, when it had been going on for about five months, was when I decided that I wasn't getting help from the police or from any law enforcement agency. And I decided to go and find this person myself.
HEMMER: Wow. And now he has been, as we mentioned a week ago, given his punishment.
Are you happy with the sentence that was given him? DREW: Yes and no. I'm happy because I agreed to the plea. They were kind enough to -- the U.S. Justice Department was kind enough to ask me, you know, if I agreed with the plea, that they would drop, you know, other charges, in turn that he would plead guilty to the HIPAA violation, which is, as you know, the first prosecution of its kind in this country. I agreed to that and therefore I am happy that we were able to set precedent in this way.
I think that he got off easy. I think that 16 months in jail for what he did to me and what he probably did to many others is very light.
HEMMER: Gregory Ursich is an attorney in Seattle.
GREGORY URSICH, ATTORNEY: Yes.
HEMMER: Was Eric Gibson's only victim or were there others at that hospital that we know of?
URSICH: We are not aware of any others at this point. For Mr. Gibson, this was his first time offense that we know of, as Eric pointed out. But although we believe that maybe Mr. Gibson had victimized others at the Seattle Cancer Care Alliance.
It was interesting that he picked Eric as the victim here because Eric was one of these categories of leukemia that's 85 percent fatal. So he probably believed that Eric was going to not be around to fight. But Eric has proved that wrong immensely throughout his time.
(END VIDEOTAPE)
HEMMER: Eric Drew and his attorney from Seattle earlier.
According to a government survey conducted in September of last year, 10 million Americans have become the victims of identity fraud. And for Eric, his battle continues.
And he says, Soledad, that he will win this fight against leukemia. And we certainly wish him the best.
O'BRIEN: Absolutely.
Wow, he's tough.
All right, Bill, thanks.
Still to come this morning, U.S. forces surprised by the level of resistance in Falluja.
Plus, a heart treatment that proves successful for African- Americans raises some ethical treatments about race-based medicine. That's ahead on AMERICAN MORNING. stay with us.
(COMMERCIAL BREAK)
O'BRIEN: Let's get right to Jack with the Question of the Day -- hello.
CAFFERTY: Hi there.
One of the top priorities for President Bush in his second term is to do something about Social Security. In its present form, Social Security will run out of money as the huge baby boom generation moves into retirement. The president wants to let people put part of their money into private accounts where the politicians couldn't touch it.
Well, some of the politicians don't like that idea because it would create a $2.3 trillion deficit over the 10 years if they privatize part of it, and that's money that the government currently spends on other things than Social Security. They don't want to lose the revenue stream.
Here's the question. How would you fix Social Security?
Shaun in Roanoke writes: "The simplest solution to fixing Social Security is to separate Social Security from the U.S. government operating funds. This is the way it used to be back a long time ago in the good old days. This would eliminate the back pocket change option for budget planners."
P.J. in Phoenix: "The politicians have to get their grubby little hands on that money. How else are they going to pay Halliburton? Where else are they going to get the money to fund Bush's deficit? Most important, how will we fund the next war?"
Steve in Cedar Rapids, Iowa: "Take away Congress' sweetheart retirement plan. Put them on the same Social Security benefits we get and watch how fast they fix it."
And Mike in Florida has a great idea. "The perfect way to fix Social Security is euthanasia immediately upon retirement. This will save money on Social Security and have a beneficial side effect of cutting the Medicare budget, as well. The government could then take over the houses of the people it euthanized, sell them and use the money to pay off the national debt. Don't say this too loudly. If they hear you, somebody in Washington might start thinking it's a good idea."
HEMMER: Well, you were asking for solutions, weren't you?
CAFFERTY: Yes, we're getting a lot of them.
HEMMER: And there's one.
CAFFERTY: We're getting a tremendous number of responses.
HEMMER: Is that so?
CAFFERTY: Oh, yes.
HEMMER: It's solvent until, what, 2015 or 2020 or thereabouts, late in the next decade? CAFFERTY: If you believe any of the numbers that those people foist off on us down there in Washington, I've got a bridge I'll make you a quick deal on. They say yes, it's solvent until, it's solvent until. We're over a trillion dollars -- I mean look at the national debt and the trade deficit. This country is deeply mired in debt. We owe much more money than we have available for any of the programs that we currently administer and to suggest anything about the government at the federal level is solvent is absolutely wrong. It's a lie. The federal government is not solvent.
O'BRIEN: It's wrong. It's a lie.
HEMMER: Thank you, Jack.
CAFFERTY: Yes.
HEMMER: Let's get a break here.
In a moment when we continue, the latest on what's happening at Yasser Arafat's bedside in Paris.
And why Kobe Bryant's accuser may sue him again.
Back in a moment right after this.
(COMMERCIAL BREAK)
O'BRIEN: Get the latest news every morning in your e-mail. Sign up for American government Quick News at cnn.com/am.
Still to come this morning, President Bush meets with wounded troops. Details on that just ahead.
Stay with us.
You're watching AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Good morning.
Welcome back, everybody.
Just about half past the hour on this AMERICAN MORNING.
Not even a week into deliberations, already the Scott Peterson jury already run into problems. Jurors got a lecture yesterday from the judge in the case. Jeff Toobin will join us in just a moment to tell us what that was about.
HEMMER: Also this half hour, a landmark study in the treatment of heart failure. It could lead to the first ever approval of a medication marketed specifically to a single racial group. So we'll talk about that. Offering hope, but it's raising ethical questions, as well. Elizabeth Cohen stops by in a few moments to look at that.
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