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American Morning

Dismissal of Juror in Scott Peterson Trial; Latest Developments on U.S. offensive in Falluja

Aired November 10, 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.

SOLEDAD O'BRIEN, CNN ANCHOR: The battle of Falluja turns into a street fight. The coalition says it's ahead of schedule, but the operation may be far from over.
Big changes in the Bush administration. A polarizing figure steps down. What signal does it send about the direction of the administration now?

And a shakeup in the Scott Peterson trial. Why the jury is starting over on this AMERICAN MORNING.

ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

BILL HEMMER, CNN ANCHOR: Good morning, everybody.

Thirty-one degrees here in New York City. A beautiful day, too.

Good morning to you.

O'BRIEN: Good morning.

HEMMER: You might remember that terror tape from last month, the one that came from someone calling himself Azzam "The American." Intelligence officials now think they have unmasked him. His suspected identity comes as a shock to many, including his family. Live to California for his story in a few moments here.

O'BRIEN: Yes, one has to imagine.

Also this morning, the jury in the Scott Peterson trial essentially back to square one this morning. Yesterday, the judge in the case dismissed one of the jurors. It's the second time that that has happened during the trial. In just a moment, we're going to talk to the first juror who was kicked off, Justin Falconer, and find out whether or not he's surprised by this latest development.

HEMMER: All right, deliberations continue there and here, as well, with Jack -- good morning.

JACK CAFFERTY, CNN CORRESPONDENT: Coming up in the "Cafferty File" in less than an hour, we'll tell you about a household where celibacy is the price for campaigning for President Bush.

And Roseanne Barr or Arnold or whatever her name is wages an ongoing battle against her chin hair. That's a tidy little story. That's awful, isn't it?

O'BRIEN: As Americans eat breakfast across our great nation. People are like OK, I'm done.

CAFFERTY: Yes, it looked better on paper than when you say it out loud.

HEMMER: Yes.

CAFFERTY: Sometimes when the words come out you go I wish I hadn't written that.

O'BRIEN: Sorry we said that.

All right, Jack, looking forward to that very much.

CAFFERTY: Well, it's a tease, though. People will stay and find out what we're talking about.

O'BRIEN: Yes. Yes, they will.

CAFFERTY: I hope.

O'BRIEN: If they're not nauseated, yes they will.

Kelly Wallace is at our news desk this morning with the latest headlines.

Hey, Kelly -- good morning again.

KELLY WALLACE, CNN CORRESPONDENT: Hello.

CAFFERTY: Go ahead, follow that.

(CROSSTALK)

WALLACE: I was going to say, always a tough act to follow there.

Moving right along here, good morning again, everyone.

Now in the news, plans are moving forward in the Middle East in the event of Palestinian leader Yasser Arafat's death. Arafat is said to be gravely ill at a French military hospital in what could be his final hours. A funeral may be held by the end of the week and Israel has agreed to let him be buried in Ramallah. A top Muslim cleric was the latest to visit Arafat's bedside and said the 75-year-old leader is still alive, but in a difficult situation.

In the past hour, a group called Ansar al-Jihad has claimed responsibility for the kidnapping of some relatives of Iraq's prime minister. At least two members of Prime Minister Ayad Allawi's family were kidnapped yesterday. They were apparently taken by gunmen outside their Baghdad home. On a Web site message, the group warned the hostages would be beheaded if the attacks on Falluja did not end within 48 hours. The guessing game for successors shifts into high gear following the announcement of some major changes in President Bush's cabinet. Commerce Secretary Don Evans and Attorney General John Ashcroft have resigned. Ashcroft said the Justice Department would benefit from new leadership. Potential replacements for the attorney general include Ashcroft's former deputy, Larry Thompson, or White House Counsel Alberto Gonzales.

And in entertainment news, Kenny Chesney was the big winner at this year's Country Music Awards. Chesney was named entertainer of the year last night and also won for album of the year. Martina McBride won female vocalist of the year. It's her fourth win in that category. Congratulations to them both.

HEMMER: Indeed. Well deserved.

Thank you -- Kelly.

WALLACE: Sure.

HEMMER: There is a new juror on board in Scott Peterson's double murder trial. The judge yesterday removing one of the 12 and ordering the panel to start deliberating all over again.

Justin Falconer was removed from the jury back in June.

He's our guest now in Kansas City, Missouri.

Welcome back.

Good morning to you.

JUSTIN FALCONER, FORMER PETERSON JUROR: Good morning.

HEMMER: Do you remember juror number seven?

FALCONER: Yes, I do. She was a very friendly woman. She's very open-minded. I had a lot of conversations with her in the jury deliberation room and she seemed very friendly and, you know, very interactive with everybody in the room. I'm surprised she's in this situation right now.

HEMMER: Well, here's what we know about her. Late 20s, early 30s; in addition to that, works at a bank. She's the mother of four. She changes her hair color quite often, we are told, and has nine tattoos. The things they learn about the jurors in this case.

The reports on the inside say that she was doing some sort of independent research.

Would you see her as an obstructionist on this panel?

FALCONER: You've got the two jurors, the new juror is the one with the tattoos. The old one is the one doing the research.

HEMMER: Correct. You're exactly right. I apologize. FALCONER: Yes.

HEMMER: Let me take that back. See, that's why you know this stuff and that's why you're here. Back it up a little bit here, in her 40s, an auditor at PG&E, a self- described crusader sees no motive for Scott Peterson and says the media coverage has fixated on Peterson's guilt.

Thanks for straightening me out.

What more can you tell us about that juror?

FALCONER: The new one or the old -- the old one...

HEMMER: This is going really well, isn't it?

FALCONER: She was very -- yes.

HEMMER: The one that was dismissed. I apologize.

FALCONER: The one that was dismissed, yes. She, like I said, she was very, you know, friendly, very open-minded. And I'm really surprised that she put herself in this situation and I think it's going to be interesting when she is able to speak what she has to say. You know, I, like I said, I didn't -- I would never have expected her to be in this position now, not her.

HEMMER: You haven't spoken with anyone since you were dismissed, is that right?

FALCONER: Yes, I haven't had any contact with any of the jurors or (UNINTELLIGIBLE).

HEMMER: Yes. And based on what you're hearing and reports that we're getting on the inside about this case, do you have any measure about where this case is headed, Justin?

FALCONER: You know, from the sound of it and from the way that juries -- the jurors sound now, I heard that they're really tired, that they're very frustrated looking. It's probably because there's a lot of very strong passionate people in that court -- or in that deliberation room and they're more than likely not going to fold very easily. So they're going to stick to their guns. And whether that be, you know, guilty or innocent, they're not going to just fold and follow, you know, a group.

So I think it's probably frustrating to sit there for five and a half months and then just hang a jury and not be able to reach, you know, a unanimous, you know, conclusion.

But I think that's where they're at right now and I think it's just looking more and more like that's the possible outcome.

HEMMER: When we spoke over the summer, you were quite dubious about the guilt of Scott Peterson, at one point saying recently, "There's not one concrete thing in the whole case." Why do you believe that?

FALCONER: Well, there's not. If you look at the entire context of the case, the only one solid piece of evidence that they have against Scott Peterson is the fact that Laci's body washed up where it was. And that's speculation as to how it got there. It's easy to say well, he was there because he was in the boat. But when you hear the testimony and when you hear the facts surrounding that, it's difficult, still, to place her in the boat.

And it's just the whole case is based on speculation, we think he did this, we think he did that, we think, you know, this is what's happened. They still don't have a murder weapon. They don't know how she died. They don't know how she got to the bay. There's just so many things that they don't know that it, you know, even though it surprises me that this juror put herself in this position, it doesn't surprise me that she was looking for answers, because when you're trying to convict somebody for capital murder, you know, you want something to grasp onto. You want to say this is why I convicted him or this is why I acquitted him.

And I don't think there's a lot of that there in this case. And I think it's just very difficult and very frustrating for the jurors.

HEMMER: Now we await.

Justin Falconer from Kansas City, thanks for your time this morning.

FALCONER: Thank you.

HEMMER: All right -- Soledad.

O'BRIEN: The battle of Falluja now in its third day. U.S. forces pushing deeper into the insurgents stronghold and the military says they now control about 70 percent of that city.

Barbara Starr live for us at the Pentagon this morning -- hey, Barbara, good morning.

BARBARA STARR, CNN CORRESPONDENT: Good morning to you, Soledad.

Here at the Pentagon, officials are still wondering why U.S. troops have not yet encountered that mother of all battles that they certainly had been expecting in Falluja. As you say, reports are now that U.S. and coalition troops control about 70 percent of Falluja. They are at the center of the city.

Now, certainly, as we see, sporadic fighting does go on, that there are bands of insurgents. Sniper fire continues across the city. Troops are still very heavily engaged. But commanders say it is going well and that they are ahead of schedule.

So far, reports are that 10 U.S. troops have been killed in action, two Iraqi troops. Now several, of course, have been wounded as this fighting goes on across the streets of Falluja. You can see some of the pictures here. They are able, thank goodness, to get front line medical care. They are evacuated back to hospitals for treatment immediately, we are told.

Our correspondent, Jane Arraf, reporting earlier this morning that troops are now moving through a largely industrial section of the city and in this part of the city it is largely deserted. Civilians are gone. But they are finding weapons, booby traps. There is sniper fire there. They have found tunnels, fighting positions connected by underground tunnels, one indication, we are told, of just the level of the insurgent activity in Falluja. They are finding complete buildings fully booby-trapped -- Soledad.

O'BRIEN: Barbara Starr at the Pentagon for us this morning.

Barbara, thanks for that update -- Bill.

HEMMER: Nine minutes past the hour.

Learning more today about the masked man who threatened violence against the U.S. on a videotape obtained in Pakistan. He is suspected to be an American from the State of California and is wanted now by the FBI.

Thelma Gutierrez is live in Garden Grove, California, outside the mosque where the man once worshipped.

She's with us now live -- good morning.

THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Bill.

Well, Adam Gadahn began his conversion to Islam here at the Islamic Society of Orange County. But that was back in 1995. His association with the mosque was brief. He made few friends here. In fact, few people knew anything of his obscure past until the FBI identified him as the American associated with al Qaeda.

(BEGIN VIDEO TAPE)

GUTIERREZ (voice-over): Down this dusty dirt road in rural Riverside County, California is the family goat ranch where Adam Yahiye Gadahn grew up.

PHILLIP GADAHN, FATHER: I forgot the gate was open.

GUTIERREZ: Phillip Gadahn says his son was a quiet kid who kept to himself. He said he was shocked to see his son's face on television and surprised to find the FBI at his ranch.

P. GADAHN: I really couldn't imagine that he would do anything that would get him in this position. But I -- I'm not really sure he's done anything.

GUTIERREZ: The FBI believes Gadahn attended an al Qaeda training camp and may have served as an al Qaeda translator, allegations that have devastated his family. NANCY PERLMAN, ADAM GADAHN'S AUNT: I am concerned, of course, very concerned. I know of a nephew that was a wonderful young man, caring, loving.

GUTIERREZ: Phillip Gadahn says he hasn't heard from his son in three years.

P. GADAHN: Even when he was keeping in touch with us, he'd only send us a card every six months when he was traveling around.

ADAM GADAHN: I'm Adam Gadahn.

GUTIERREZ: Gadahn's family wonders how this quiet kid who was home schooled ended up at the center of an FBI terror investigation.

PERLMAN: He never espoused any kind of belief in terrorism or support of terrorism. I mean I never heard that at all.

GUTIERREZ: In November of 1995, Gadahn embraced Islam. Two years after becoming a Muslim, he was arrested for physically attacking the president of the Islamic Society of Orange County.

HAITHAM BUNDAKJI, ISLAMIC SOCIETY OF ORANGE COUNTY: He came charging into my office that one day, screaming and yelling and angry, really angry. And he caught me off guard and he slapped me right across the face.

(END VIDEO TAPE)

GUTIERREZ: That imam at the mosque said that he believed that Adam Gadahn was a problematic person who had behavioral issues. He said that he did see the terror tape in which Azzam "The American" makes terror threats against the United States and he says that he believes that that voice is that of Adam Gadahn -- Bill.

HEMMER: Thelma, a lot of background there in your story.

Did he stand out in any way in that community?

GUTIERREZ: Well, you know, here at the mosque, few people knew him. He was a person who stayed to himself. In the neighborhood where he grew up as a teenager with his grandparents, again, few of the neighbors knew him. They say he just didn't stand out until he started to change his dress, presumably when he converted.

Another thing the family said, a brother said, you know, he's a very gentle person who, the last time they had heard from him, he had buried an Afghan woman and was about to have a baby and move to Pakistan. And that was pretty much all they had heard.

But, no, not a person who really did stand out out here in Orange County.

HEMMER: Thelma Gutierrez there in southern California -- Soledad.

O'BRIEN: Weather now.

Chad Myers at the CNN Center with the latest on the forecast for us.

Hey, Chad -- good morning again.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Soledad.

(WEATHER REPORT)

O'BRIEN: Coming up this morning, we're going to see how John Ashcroft took the attorney general's office in a new direction with his departure. What's now ahead for the Bush cabinet?

HEMMER: Also, when the fighting ends, the people of Falluja will be expected now to pick up the pieces and get ready for elections. We'll find out how Najaf dealt with a similar challenge just a few months ago, still to come this hour, live in New York City, on this AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: The first signs of change for the president's second term. Attorney General John Ashcroft and Commerce Secretary Don Evans have resigned.

Joining us this morning from Washington, D.C. to talk about the Bush cabinet shakeup plus a John Kerry sighting, our resident debaters this morning, Democratic strategist Victor Kamber. He's with the Kamber Group.

VICTOR KAMBER, DEMOCRATIC CONSULTANT: Good morning.

O'BRIEN: Cliff May, former RNC communications director, now with the Foundation for the Defense of Democracies.

Good morning to both of you.

CLIFF MAY, FORMER RNC COMMUNICATIONS DIRECTOR: Good morning, Soledad.

KAMBER: Thank you.

Good to be here.

O'BRIEN: Let's get right to it.

Victor, we're going to start with you this morning.

As we just mentioned, the attorney general out, the commerce secretary out.

Overall, what do you think of this news?

KAMBER: Well, it's the first good news I've had since the election, that John Ashcroft, in particular, is gone. Don Evans was a non-entity. His legacy will be friend of George Bush. He didn't do much. But clearly Ashcroft was a divisive force, a controversial force within the administration.

This will be George Bush's first chance, it seems to me, to either live up to his pledge that he wants to try to bring Americans back together or continue four years of the same. I don't suggest he has to appoint a lefty, a liberal, a Democrat. But there's plenty of good conservatives out there, but there are people, I think, that bring a greater sense of unity and I think he needs to reach across the aisle and talk about his choice and then appoint somebody that all Americans can feel comfortable with. MAY: Let me be very clear about this, Soledad. I firmly believe there are Americans alive today who would not be had John Ashcroft not been attorney general for the past four years.

O'BRIEN: There's a lot of double negatives there. MAY: He's been the most...

O'BRIEN: OK, so you say John Ashcroft was overall a good thing? MAY: Every day he came into his office and he was presented with a catalog of murderous acts, as he called it, that were being plotted against the U.S. Every day he thought what can I do to make sure Americans aren't killed by terrorists?

More than 500 people who were linked to 9/11 were forced to leave the country. More than 400 people were prosecuted. More than 200 were convicted or pled guilty. He broke up terrorist cells around the country.

Look, the terrorists, from al Qaeda to Adam "The American," who you just showed, they want to hurt us. They want the streets of America running red with blood. It's not because of our good behavior they haven't hit us once, not once on American soil since 9/11. It's because of John Ashcroft and President Bush. That is the reason.

KAMBER: That is just...

O'BRIEN: He said in his...

KAMBER: That is just baloney.

O'BRIEN: He said in his resignation letter...

KAMBER: Nonsense.

O'BRIEN: Well, I'm asking the questions today.

He said in his resignation letter this: "The objective of securing the safety of Americans from crime and terror has been achieved." Blah, blah, blah, blah, blah, on and on and on. He thinks it needs new leadership and new fresh inspiration, he says.

It sounds like he thinks the war on terror has been fought and won. MAY: No. We've got to fight it every day continuing. But for three -- but since 9/11, not a single terrorist attack on American soil. By the way, violent crime is at a 30-year low. He gets credit for that, as well. We need somebody as determined and as skillful in that job over the next four years and probably for many years after that.

KAMBER: And we don't disagree that we need a protection person there. We don't disagree we need somebody who is looking out for the interests of America. But we do need somebody who also looks out for the civil liberties of all Americans and doesn't trample on the constitution and as the courts have said...

O'BRIEN: I see you've taken your head...

(CROSSTALK)

KAMBER: ... in his administration.

O'BRIEN: But I'm going to stop you here... MAY: That's not so.

O'BRIEN: ... because I want to get to another topic before we run out of time. And this topic is John Kerry. He -- is it too early to talk about 2008? Does anybody feel I'm jumping the gun a little bit? John Kerry, 2008, woo-hoo.

What do you think, Victor, of that?

KAMBER: Well, I think it's great. I think the more the merrier, frankly. I think John Kerry, with 59 million votes, deserves a place at the table, a major place. He's a national figure. He's going to -- he's not going to disappear. He's going to be in the United States Senate for the next four years. I think if he's encouraged to run again, that's wonderful. It doesn't mean he's got the nomination slam dunk. But from my standpoint, Hillary Clinton, John Kerry, Al Gore, all the better, because I think, I really do believe the country will be ready for a change and I want the best possible candidate for that change.

O'BRIEN: You get the final word this morning on that, Cliff. MAY: Very simply, John Kerry was never credible, he was never consistent on national security. If the Democrats are going to win the White House again during a time of war, which is what this is, by the way, they need a candidate who is credible and consistent on national security. Otherwise they'll have the same problem they had during the cold war. That's not John Kerry. There are others in the Democratic Party who are.

KAMBER: Let's hope we don't have a war in four years and it still continues. MAY: This, you know, I'm sorry, but I'm afraid this war is a generational thing, like the cold war. We are not going to finish with the terrorists, with the Islamo-fascists, in four years. You keep wanting this to go back to before September 11, where it's just a nuisance and we don't pay attention. For 20 years we didn't pay attention to the Islamo-fascists and the terrorists and the result was 9/11. We need a September 12, not a September 10, attitude.

O'BRIEN: We are out of time, gentlemen. Cliff May, Victor Kamber, nice to see you guys, as always.

Thanks.

KAMBER: You, too. MAY: Thank you.

O'BRIEN: Bill.

HEMMER: In a moment here, U.S. forces advancing in Falluja.

And buying prescription drugs online might be cheap and easy. A bit later, how to avoid the potential dangers, ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Back to Jack, The Question of the Day.

O'BRIEN: Good morning.

CAFFERTY: It's being called the miracle pill, one that helps you lose weight, quit smoking and fight heart disease all in one little pill. It's the first of a new class of experimental drugs that will fight cravings for things like food and nicotine. Short-term studies show promising results. The company that makes it wants to have it on the market some time next year.

But like any drug, there are bound to be side effects and the long-term effects of this thing are still unknown. Some patients involved in the study complained of nausea, anxiety and depression.

The question is this, how far are you willing to go to lose weight?

Cyndi writes: "If we're talking about five or 10 pounds, then I guess there's some question as to whether or not the use of medication is the answer. But for those who have battled the ill effects of being overwhelming for most of their lives and where diet and exercise does not necessarily work, then, yes, I'd be all for this new wonder drug. Why not?"

Lillian in Franklin, Tennessee: "I found that eating in moderation, drinking plenty of water, exercise, walking five times a week at least three miles a day and weight training works for me. At different times I have or do not have the energy to do this, but I know that it works."

Nora in Terrace Bay, Ontario: "I have only one comment -- where do I sign up?"

And Wistar in Flowery Branch, Georgia: "I'm willing to walk all the way down the hall to get a beer from the refrigerator in the kitchen rather than install a refrigerator in my den."

HEMMER: That's right.

Nice.

CAFFERTY: All right, Wistar. Taking off those pounds.

O'BRIEN: We have a bunch of lazy viewers.

CAFFERTY: And coming up shortly, Roseanne's chin hairs, as promised...

HEMMER: Hey.

CAFFERTY: ... that we were talking about earlier, so.

O'BRIEN: That's just nasty.

CAFFERTY: Things to look forward to.

O'BRIEN: I'm ready to take a break here.

CAFFERTY: How come you have a bigger cup than he does?

O'BRIEN: Because I bought my own.

CAFFERTY: Is this some sort of line of...

O'BRIEN: Well, you know, it's all subliminal, right?

CAFFERTY: It's a sign of things to come. Pretty soon, Bill, you'll be over there with Kelly reading the headlines, you know what I'm saying?

HEMMER: I'm telling you. Stay tuned, Kelly. Take it away.

O'BRIEN: Because I paid my own $3.99 for my own cup. Oh, but thanks for noticing.

CAFFERTY: All right. I try to pay attention.

O'BRIEN: Guess what's coming up this morning?

CAFFERTY: What?

O'BRIEN: We're going to hear from that 56-year-old woman from New York City who is now the happy mother of healthy twins.

CAFFERTY: I'm not sure she's happy, but she's got twins.

O'BRIEN: She's healthy.

CAFFERTY: Fifty-seven years old?

O'BRIEN: First of all, look how great she looks.

HEMMER: Fifty-six.

CAFFERTY: She does look great.

O'BRIEN: For 56 she looks good.

CAFFERTY: But, man, I mean that's...

O'BRIEN: She gave birth to those twins, Francesca and Gian on Tuesday in Manhattan, just three days shy of her 57th birthday.

CAFFERTY: Wow!

O'BRIEN: Ms. St. James is believed to be the oldest woman in America to give birth to twins. So here's a question, among the many, why wait so long? I mean, you know, you had a lot of time.

(BEGIN VIDEO CLIP)

ALETA ST. JAMES, 56-YEAR-OLD MOTHER: Why not is my answer. But I just did everything that I wanted to do in my life and I was ready to be able to give everything that I learned and who I was to my children. And my grandmother had my mother at 53, so I didn't have an idea that that was a problem.

(END VIDEO CLIP)

O'BRIEN: I've got to tell you, more power to her, but still, wow.

Anyway, the boy and the girl were conceived by in vitro fertilization and donor eggs. They were delivered by C-section. They're said to be in excellent health, each a little over five pounds. Mom and kiddies are going to hold their first photo-op in about two hours. We'll bring that to you live.

HEMMER: Do the math there, right? She's 56.

O'BRIEN: Yes?

HEMMER: She's going to be 77 when these kids graduate from college.

O'BRIEN: Well...

HEMMER: Ageless.

CAFFERTY: And she's going to be very tired by then, too, as Soledad can tell you.

O'BRIEN: Right. It's the first two years that kill you, not the others.

CAFFERTY: Raising twins is no day at the beach.

O'BRIEN: Once they're off in college, forget it. You can finally, you know, take some time off.

CAFFERTY: Boarding school.

O'BRIEN: Not that... CAFFERTY: Think boarding school.

O'BRIEN: Not that I regret it at all. Boarding school in Switzerland is what we're looking at now.

CAFFERTY: That's it.

O'BRIEN: No, I'm just kidding. I'm joking, Jack.

Still to come this morning, taking off and landing at America's airports much more dangerous than most people would think. We're going to talk with the head of the NTSB this morning about what she would like the government to do about it.

That's ahead on AMERICAN MORNING.

Stay with us.

(COMMERCIAL BREAK)

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Aired November 10, 2004 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: The battle of Falluja turns into a street fight. The coalition says it's ahead of schedule, but the operation may be far from over.
Big changes in the Bush administration. A polarizing figure steps down. What signal does it send about the direction of the administration now?

And a shakeup in the Scott Peterson trial. Why the jury is starting over on this AMERICAN MORNING.

ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

BILL HEMMER, CNN ANCHOR: Good morning, everybody.

Thirty-one degrees here in New York City. A beautiful day, too.

Good morning to you.

O'BRIEN: Good morning.

HEMMER: You might remember that terror tape from last month, the one that came from someone calling himself Azzam "The American." Intelligence officials now think they have unmasked him. His suspected identity comes as a shock to many, including his family. Live to California for his story in a few moments here.

O'BRIEN: Yes, one has to imagine.

Also this morning, the jury in the Scott Peterson trial essentially back to square one this morning. Yesterday, the judge in the case dismissed one of the jurors. It's the second time that that has happened during the trial. In just a moment, we're going to talk to the first juror who was kicked off, Justin Falconer, and find out whether or not he's surprised by this latest development.

HEMMER: All right, deliberations continue there and here, as well, with Jack -- good morning.

JACK CAFFERTY, CNN CORRESPONDENT: Coming up in the "Cafferty File" in less than an hour, we'll tell you about a household where celibacy is the price for campaigning for President Bush.

And Roseanne Barr or Arnold or whatever her name is wages an ongoing battle against her chin hair. That's a tidy little story. That's awful, isn't it?

O'BRIEN: As Americans eat breakfast across our great nation. People are like OK, I'm done.

CAFFERTY: Yes, it looked better on paper than when you say it out loud.

HEMMER: Yes.

CAFFERTY: Sometimes when the words come out you go I wish I hadn't written that.

O'BRIEN: Sorry we said that.

All right, Jack, looking forward to that very much.

CAFFERTY: Well, it's a tease, though. People will stay and find out what we're talking about.

O'BRIEN: Yes. Yes, they will.

CAFFERTY: I hope.

O'BRIEN: If they're not nauseated, yes they will.

Kelly Wallace is at our news desk this morning with the latest headlines.

Hey, Kelly -- good morning again.

KELLY WALLACE, CNN CORRESPONDENT: Hello.

CAFFERTY: Go ahead, follow that.

(CROSSTALK)

WALLACE: I was going to say, always a tough act to follow there.

Moving right along here, good morning again, everyone.

Now in the news, plans are moving forward in the Middle East in the event of Palestinian leader Yasser Arafat's death. Arafat is said to be gravely ill at a French military hospital in what could be his final hours. A funeral may be held by the end of the week and Israel has agreed to let him be buried in Ramallah. A top Muslim cleric was the latest to visit Arafat's bedside and said the 75-year-old leader is still alive, but in a difficult situation.

In the past hour, a group called Ansar al-Jihad has claimed responsibility for the kidnapping of some relatives of Iraq's prime minister. At least two members of Prime Minister Ayad Allawi's family were kidnapped yesterday. They were apparently taken by gunmen outside their Baghdad home. On a Web site message, the group warned the hostages would be beheaded if the attacks on Falluja did not end within 48 hours. The guessing game for successors shifts into high gear following the announcement of some major changes in President Bush's cabinet. Commerce Secretary Don Evans and Attorney General John Ashcroft have resigned. Ashcroft said the Justice Department would benefit from new leadership. Potential replacements for the attorney general include Ashcroft's former deputy, Larry Thompson, or White House Counsel Alberto Gonzales.

And in entertainment news, Kenny Chesney was the big winner at this year's Country Music Awards. Chesney was named entertainer of the year last night and also won for album of the year. Martina McBride won female vocalist of the year. It's her fourth win in that category. Congratulations to them both.

HEMMER: Indeed. Well deserved.

Thank you -- Kelly.

WALLACE: Sure.

HEMMER: There is a new juror on board in Scott Peterson's double murder trial. The judge yesterday removing one of the 12 and ordering the panel to start deliberating all over again.

Justin Falconer was removed from the jury back in June.

He's our guest now in Kansas City, Missouri.

Welcome back.

Good morning to you.

JUSTIN FALCONER, FORMER PETERSON JUROR: Good morning.

HEMMER: Do you remember juror number seven?

FALCONER: Yes, I do. She was a very friendly woman. She's very open-minded. I had a lot of conversations with her in the jury deliberation room and she seemed very friendly and, you know, very interactive with everybody in the room. I'm surprised she's in this situation right now.

HEMMER: Well, here's what we know about her. Late 20s, early 30s; in addition to that, works at a bank. She's the mother of four. She changes her hair color quite often, we are told, and has nine tattoos. The things they learn about the jurors in this case.

The reports on the inside say that she was doing some sort of independent research.

Would you see her as an obstructionist on this panel?

FALCONER: You've got the two jurors, the new juror is the one with the tattoos. The old one is the one doing the research.

HEMMER: Correct. You're exactly right. I apologize. FALCONER: Yes.

HEMMER: Let me take that back. See, that's why you know this stuff and that's why you're here. Back it up a little bit here, in her 40s, an auditor at PG&E, a self- described crusader sees no motive for Scott Peterson and says the media coverage has fixated on Peterson's guilt.

Thanks for straightening me out.

What more can you tell us about that juror?

FALCONER: The new one or the old -- the old one...

HEMMER: This is going really well, isn't it?

FALCONER: She was very -- yes.

HEMMER: The one that was dismissed. I apologize.

FALCONER: The one that was dismissed, yes. She, like I said, she was very, you know, friendly, very open-minded. And I'm really surprised that she put herself in this situation and I think it's going to be interesting when she is able to speak what she has to say. You know, I, like I said, I didn't -- I would never have expected her to be in this position now, not her.

HEMMER: You haven't spoken with anyone since you were dismissed, is that right?

FALCONER: Yes, I haven't had any contact with any of the jurors or (UNINTELLIGIBLE).

HEMMER: Yes. And based on what you're hearing and reports that we're getting on the inside about this case, do you have any measure about where this case is headed, Justin?

FALCONER: You know, from the sound of it and from the way that juries -- the jurors sound now, I heard that they're really tired, that they're very frustrated looking. It's probably because there's a lot of very strong passionate people in that court -- or in that deliberation room and they're more than likely not going to fold very easily. So they're going to stick to their guns. And whether that be, you know, guilty or innocent, they're not going to just fold and follow, you know, a group.

So I think it's probably frustrating to sit there for five and a half months and then just hang a jury and not be able to reach, you know, a unanimous, you know, conclusion.

But I think that's where they're at right now and I think it's just looking more and more like that's the possible outcome.

HEMMER: When we spoke over the summer, you were quite dubious about the guilt of Scott Peterson, at one point saying recently, "There's not one concrete thing in the whole case." Why do you believe that?

FALCONER: Well, there's not. If you look at the entire context of the case, the only one solid piece of evidence that they have against Scott Peterson is the fact that Laci's body washed up where it was. And that's speculation as to how it got there. It's easy to say well, he was there because he was in the boat. But when you hear the testimony and when you hear the facts surrounding that, it's difficult, still, to place her in the boat.

And it's just the whole case is based on speculation, we think he did this, we think he did that, we think, you know, this is what's happened. They still don't have a murder weapon. They don't know how she died. They don't know how she got to the bay. There's just so many things that they don't know that it, you know, even though it surprises me that this juror put herself in this position, it doesn't surprise me that she was looking for answers, because when you're trying to convict somebody for capital murder, you know, you want something to grasp onto. You want to say this is why I convicted him or this is why I acquitted him.

And I don't think there's a lot of that there in this case. And I think it's just very difficult and very frustrating for the jurors.

HEMMER: Now we await.

Justin Falconer from Kansas City, thanks for your time this morning.

FALCONER: Thank you.

HEMMER: All right -- Soledad.

O'BRIEN: The battle of Falluja now in its third day. U.S. forces pushing deeper into the insurgents stronghold and the military says they now control about 70 percent of that city.

Barbara Starr live for us at the Pentagon this morning -- hey, Barbara, good morning.

BARBARA STARR, CNN CORRESPONDENT: Good morning to you, Soledad.

Here at the Pentagon, officials are still wondering why U.S. troops have not yet encountered that mother of all battles that they certainly had been expecting in Falluja. As you say, reports are now that U.S. and coalition troops control about 70 percent of Falluja. They are at the center of the city.

Now, certainly, as we see, sporadic fighting does go on, that there are bands of insurgents. Sniper fire continues across the city. Troops are still very heavily engaged. But commanders say it is going well and that they are ahead of schedule.

So far, reports are that 10 U.S. troops have been killed in action, two Iraqi troops. Now several, of course, have been wounded as this fighting goes on across the streets of Falluja. You can see some of the pictures here. They are able, thank goodness, to get front line medical care. They are evacuated back to hospitals for treatment immediately, we are told.

Our correspondent, Jane Arraf, reporting earlier this morning that troops are now moving through a largely industrial section of the city and in this part of the city it is largely deserted. Civilians are gone. But they are finding weapons, booby traps. There is sniper fire there. They have found tunnels, fighting positions connected by underground tunnels, one indication, we are told, of just the level of the insurgent activity in Falluja. They are finding complete buildings fully booby-trapped -- Soledad.

O'BRIEN: Barbara Starr at the Pentagon for us this morning.

Barbara, thanks for that update -- Bill.

HEMMER: Nine minutes past the hour.

Learning more today about the masked man who threatened violence against the U.S. on a videotape obtained in Pakistan. He is suspected to be an American from the State of California and is wanted now by the FBI.

Thelma Gutierrez is live in Garden Grove, California, outside the mosque where the man once worshipped.

She's with us now live -- good morning.

THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Bill.

Well, Adam Gadahn began his conversion to Islam here at the Islamic Society of Orange County. But that was back in 1995. His association with the mosque was brief. He made few friends here. In fact, few people knew anything of his obscure past until the FBI identified him as the American associated with al Qaeda.

(BEGIN VIDEO TAPE)

GUTIERREZ (voice-over): Down this dusty dirt road in rural Riverside County, California is the family goat ranch where Adam Yahiye Gadahn grew up.

PHILLIP GADAHN, FATHER: I forgot the gate was open.

GUTIERREZ: Phillip Gadahn says his son was a quiet kid who kept to himself. He said he was shocked to see his son's face on television and surprised to find the FBI at his ranch.

P. GADAHN: I really couldn't imagine that he would do anything that would get him in this position. But I -- I'm not really sure he's done anything.

GUTIERREZ: The FBI believes Gadahn attended an al Qaeda training camp and may have served as an al Qaeda translator, allegations that have devastated his family. NANCY PERLMAN, ADAM GADAHN'S AUNT: I am concerned, of course, very concerned. I know of a nephew that was a wonderful young man, caring, loving.

GUTIERREZ: Phillip Gadahn says he hasn't heard from his son in three years.

P. GADAHN: Even when he was keeping in touch with us, he'd only send us a card every six months when he was traveling around.

ADAM GADAHN: I'm Adam Gadahn.

GUTIERREZ: Gadahn's family wonders how this quiet kid who was home schooled ended up at the center of an FBI terror investigation.

PERLMAN: He never espoused any kind of belief in terrorism or support of terrorism. I mean I never heard that at all.

GUTIERREZ: In November of 1995, Gadahn embraced Islam. Two years after becoming a Muslim, he was arrested for physically attacking the president of the Islamic Society of Orange County.

HAITHAM BUNDAKJI, ISLAMIC SOCIETY OF ORANGE COUNTY: He came charging into my office that one day, screaming and yelling and angry, really angry. And he caught me off guard and he slapped me right across the face.

(END VIDEO TAPE)

GUTIERREZ: That imam at the mosque said that he believed that Adam Gadahn was a problematic person who had behavioral issues. He said that he did see the terror tape in which Azzam "The American" makes terror threats against the United States and he says that he believes that that voice is that of Adam Gadahn -- Bill.

HEMMER: Thelma, a lot of background there in your story.

Did he stand out in any way in that community?

GUTIERREZ: Well, you know, here at the mosque, few people knew him. He was a person who stayed to himself. In the neighborhood where he grew up as a teenager with his grandparents, again, few of the neighbors knew him. They say he just didn't stand out until he started to change his dress, presumably when he converted.

Another thing the family said, a brother said, you know, he's a very gentle person who, the last time they had heard from him, he had buried an Afghan woman and was about to have a baby and move to Pakistan. And that was pretty much all they had heard.

But, no, not a person who really did stand out out here in Orange County.

HEMMER: Thelma Gutierrez there in southern California -- Soledad.

O'BRIEN: Weather now.

Chad Myers at the CNN Center with the latest on the forecast for us.

Hey, Chad -- good morning again.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Soledad.

(WEATHER REPORT)

O'BRIEN: Coming up this morning, we're going to see how John Ashcroft took the attorney general's office in a new direction with his departure. What's now ahead for the Bush cabinet?

HEMMER: Also, when the fighting ends, the people of Falluja will be expected now to pick up the pieces and get ready for elections. We'll find out how Najaf dealt with a similar challenge just a few months ago, still to come this hour, live in New York City, on this AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: The first signs of change for the president's second term. Attorney General John Ashcroft and Commerce Secretary Don Evans have resigned.

Joining us this morning from Washington, D.C. to talk about the Bush cabinet shakeup plus a John Kerry sighting, our resident debaters this morning, Democratic strategist Victor Kamber. He's with the Kamber Group.

VICTOR KAMBER, DEMOCRATIC CONSULTANT: Good morning.

O'BRIEN: Cliff May, former RNC communications director, now with the Foundation for the Defense of Democracies.

Good morning to both of you.

CLIFF MAY, FORMER RNC COMMUNICATIONS DIRECTOR: Good morning, Soledad.

KAMBER: Thank you.

Good to be here.

O'BRIEN: Let's get right to it.

Victor, we're going to start with you this morning.

As we just mentioned, the attorney general out, the commerce secretary out.

Overall, what do you think of this news?

KAMBER: Well, it's the first good news I've had since the election, that John Ashcroft, in particular, is gone. Don Evans was a non-entity. His legacy will be friend of George Bush. He didn't do much. But clearly Ashcroft was a divisive force, a controversial force within the administration.

This will be George Bush's first chance, it seems to me, to either live up to his pledge that he wants to try to bring Americans back together or continue four years of the same. I don't suggest he has to appoint a lefty, a liberal, a Democrat. But there's plenty of good conservatives out there, but there are people, I think, that bring a greater sense of unity and I think he needs to reach across the aisle and talk about his choice and then appoint somebody that all Americans can feel comfortable with. MAY: Let me be very clear about this, Soledad. I firmly believe there are Americans alive today who would not be had John Ashcroft not been attorney general for the past four years.

O'BRIEN: There's a lot of double negatives there. MAY: He's been the most...

O'BRIEN: OK, so you say John Ashcroft was overall a good thing? MAY: Every day he came into his office and he was presented with a catalog of murderous acts, as he called it, that were being plotted against the U.S. Every day he thought what can I do to make sure Americans aren't killed by terrorists?

More than 500 people who were linked to 9/11 were forced to leave the country. More than 400 people were prosecuted. More than 200 were convicted or pled guilty. He broke up terrorist cells around the country.

Look, the terrorists, from al Qaeda to Adam "The American," who you just showed, they want to hurt us. They want the streets of America running red with blood. It's not because of our good behavior they haven't hit us once, not once on American soil since 9/11. It's because of John Ashcroft and President Bush. That is the reason.

KAMBER: That is just...

O'BRIEN: He said in his...

KAMBER: That is just baloney.

O'BRIEN: He said in his resignation letter...

KAMBER: Nonsense.

O'BRIEN: Well, I'm asking the questions today.

He said in his resignation letter this: "The objective of securing the safety of Americans from crime and terror has been achieved." Blah, blah, blah, blah, blah, on and on and on. He thinks it needs new leadership and new fresh inspiration, he says.

It sounds like he thinks the war on terror has been fought and won. MAY: No. We've got to fight it every day continuing. But for three -- but since 9/11, not a single terrorist attack on American soil. By the way, violent crime is at a 30-year low. He gets credit for that, as well. We need somebody as determined and as skillful in that job over the next four years and probably for many years after that.

KAMBER: And we don't disagree that we need a protection person there. We don't disagree we need somebody who is looking out for the interests of America. But we do need somebody who also looks out for the civil liberties of all Americans and doesn't trample on the constitution and as the courts have said...

O'BRIEN: I see you've taken your head...

(CROSSTALK)

KAMBER: ... in his administration.

O'BRIEN: But I'm going to stop you here... MAY: That's not so.

O'BRIEN: ... because I want to get to another topic before we run out of time. And this topic is John Kerry. He -- is it too early to talk about 2008? Does anybody feel I'm jumping the gun a little bit? John Kerry, 2008, woo-hoo.

What do you think, Victor, of that?

KAMBER: Well, I think it's great. I think the more the merrier, frankly. I think John Kerry, with 59 million votes, deserves a place at the table, a major place. He's a national figure. He's going to -- he's not going to disappear. He's going to be in the United States Senate for the next four years. I think if he's encouraged to run again, that's wonderful. It doesn't mean he's got the nomination slam dunk. But from my standpoint, Hillary Clinton, John Kerry, Al Gore, all the better, because I think, I really do believe the country will be ready for a change and I want the best possible candidate for that change.

O'BRIEN: You get the final word this morning on that, Cliff. MAY: Very simply, John Kerry was never credible, he was never consistent on national security. If the Democrats are going to win the White House again during a time of war, which is what this is, by the way, they need a candidate who is credible and consistent on national security. Otherwise they'll have the same problem they had during the cold war. That's not John Kerry. There are others in the Democratic Party who are.

KAMBER: Let's hope we don't have a war in four years and it still continues. MAY: This, you know, I'm sorry, but I'm afraid this war is a generational thing, like the cold war. We are not going to finish with the terrorists, with the Islamo-fascists, in four years. You keep wanting this to go back to before September 11, where it's just a nuisance and we don't pay attention. For 20 years we didn't pay attention to the Islamo-fascists and the terrorists and the result was 9/11. We need a September 12, not a September 10, attitude.

O'BRIEN: We are out of time, gentlemen. Cliff May, Victor Kamber, nice to see you guys, as always.

Thanks.

KAMBER: You, too. MAY: Thank you.

O'BRIEN: Bill.

HEMMER: In a moment here, U.S. forces advancing in Falluja.

And buying prescription drugs online might be cheap and easy. A bit later, how to avoid the potential dangers, ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Back to Jack, The Question of the Day.

O'BRIEN: Good morning.

CAFFERTY: It's being called the miracle pill, one that helps you lose weight, quit smoking and fight heart disease all in one little pill. It's the first of a new class of experimental drugs that will fight cravings for things like food and nicotine. Short-term studies show promising results. The company that makes it wants to have it on the market some time next year.

But like any drug, there are bound to be side effects and the long-term effects of this thing are still unknown. Some patients involved in the study complained of nausea, anxiety and depression.

The question is this, how far are you willing to go to lose weight?

Cyndi writes: "If we're talking about five or 10 pounds, then I guess there's some question as to whether or not the use of medication is the answer. But for those who have battled the ill effects of being overwhelming for most of their lives and where diet and exercise does not necessarily work, then, yes, I'd be all for this new wonder drug. Why not?"

Lillian in Franklin, Tennessee: "I found that eating in moderation, drinking plenty of water, exercise, walking five times a week at least three miles a day and weight training works for me. At different times I have or do not have the energy to do this, but I know that it works."

Nora in Terrace Bay, Ontario: "I have only one comment -- where do I sign up?"

And Wistar in Flowery Branch, Georgia: "I'm willing to walk all the way down the hall to get a beer from the refrigerator in the kitchen rather than install a refrigerator in my den."

HEMMER: That's right.

Nice.

CAFFERTY: All right, Wistar. Taking off those pounds.

O'BRIEN: We have a bunch of lazy viewers.

CAFFERTY: And coming up shortly, Roseanne's chin hairs, as promised...

HEMMER: Hey.

CAFFERTY: ... that we were talking about earlier, so.

O'BRIEN: That's just nasty.

CAFFERTY: Things to look forward to.

O'BRIEN: I'm ready to take a break here.

CAFFERTY: How come you have a bigger cup than he does?

O'BRIEN: Because I bought my own.

CAFFERTY: Is this some sort of line of...

O'BRIEN: Well, you know, it's all subliminal, right?

CAFFERTY: It's a sign of things to come. Pretty soon, Bill, you'll be over there with Kelly reading the headlines, you know what I'm saying?

HEMMER: I'm telling you. Stay tuned, Kelly. Take it away.

O'BRIEN: Because I paid my own $3.99 for my own cup. Oh, but thanks for noticing.

CAFFERTY: All right. I try to pay attention.

O'BRIEN: Guess what's coming up this morning?

CAFFERTY: What?

O'BRIEN: We're going to hear from that 56-year-old woman from New York City who is now the happy mother of healthy twins.

CAFFERTY: I'm not sure she's happy, but she's got twins.

O'BRIEN: She's healthy.

CAFFERTY: Fifty-seven years old?

O'BRIEN: First of all, look how great she looks.

HEMMER: Fifty-six.

CAFFERTY: She does look great.

O'BRIEN: For 56 she looks good.

CAFFERTY: But, man, I mean that's...

O'BRIEN: She gave birth to those twins, Francesca and Gian on Tuesday in Manhattan, just three days shy of her 57th birthday.

CAFFERTY: Wow!

O'BRIEN: Ms. St. James is believed to be the oldest woman in America to give birth to twins. So here's a question, among the many, why wait so long? I mean, you know, you had a lot of time.

(BEGIN VIDEO CLIP)

ALETA ST. JAMES, 56-YEAR-OLD MOTHER: Why not is my answer. But I just did everything that I wanted to do in my life and I was ready to be able to give everything that I learned and who I was to my children. And my grandmother had my mother at 53, so I didn't have an idea that that was a problem.

(END VIDEO CLIP)

O'BRIEN: I've got to tell you, more power to her, but still, wow.

Anyway, the boy and the girl were conceived by in vitro fertilization and donor eggs. They were delivered by C-section. They're said to be in excellent health, each a little over five pounds. Mom and kiddies are going to hold their first photo-op in about two hours. We'll bring that to you live.

HEMMER: Do the math there, right? She's 56.

O'BRIEN: Yes?

HEMMER: She's going to be 77 when these kids graduate from college.

O'BRIEN: Well...

HEMMER: Ageless.

CAFFERTY: And she's going to be very tired by then, too, as Soledad can tell you.

O'BRIEN: Right. It's the first two years that kill you, not the others.

CAFFERTY: Raising twins is no day at the beach.

O'BRIEN: Once they're off in college, forget it. You can finally, you know, take some time off.

CAFFERTY: Boarding school.

O'BRIEN: Not that... CAFFERTY: Think boarding school.

O'BRIEN: Not that I regret it at all. Boarding school in Switzerland is what we're looking at now.

CAFFERTY: That's it.

O'BRIEN: No, I'm just kidding. I'm joking, Jack.

Still to come this morning, taking off and landing at America's airports much more dangerous than most people would think. We're going to talk with the head of the NTSB this morning about what she would like the government to do about it.

That's ahead on AMERICAN MORNING.

Stay with us.

(COMMERCIAL BREAK)

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