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Scott Peterson Perhaps Just Hours From Knowing if He Will Go to Death Row; List Of Potential Terrorist Targets Amasses 80,000

Aired December 10, 2004 - 07:00   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.


KELLY WALLACE, CNN ANCHOR: Scott Peterson perhaps just hours from knowing if he will go to death row. Jury deliberations set to resume this morning.
The government is demanding hundreds of thousands of Dodge trucks and SUVs come off the road. A possible defect that could make front wheels come off.

If terrorists were to strike, would it look like this? First responders testing with a fake dirty bomb.

And a food shortage in space where the hungry now can do nothing but wait. Counting calories on this Friday, on this AMERICAN MORNING.

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

MILES O'BRIEN, CNN ANCHOR: Good morning. Bill and Soledad off this morning. Miles O'Brien here with Kelly Wallace. Good to be with you.

WALLACE: Great to be with you, a treat to be by your side.

O'BRIEN: This is very nice.

WALLACE: Yes, very nice.

O'BRIEN: And good morning to all of you.

Some of the other stories we are following.

In CNN "Security Watch" this morning, we're looking at the most tempting places in America to terrorists, all 80,000 of them. They're on a massive list of potential targets.

It's a list so big and unwieldy, many people are calling it a waste of time. We'll look at that.

WALLACE: Also, Miles, we're going to talk to the attorney for suspended NBA star, Ron Artest, as well as his agent. Will Artest fight the criminal charges against him in that brawl with Pistons fans? We'll talk about that as well as whether Artest is planning legal action of his own.

O'BRIEN: And well it may be fill-in Friday, here, Jack remains.

WALLACE: The veteran...

CAFFERTY: I always get left behind on these things.

We are going to Japan, you stay here. We're going to take the day off, you stay here.

O'BRIEN: Hold the fort.

CAFFERTY: Any who?

WALLACE: That's how they show the love.

CAFFERTY: Yes, I know.

Well, coming up a bit later, there is a story, a rather bizarre one, I think, about a mother who was dragged into court for eavesdropping on her teenage daughter's telephone conversations. And the mother lost the court case. She was convicted.

We'll take a look at it in a few minutes.

O'BRIEN: All right. That's a good question.

You know, kids have been eavesdropping on parents for years. This is the other way around now.

WALLACE: Well...

CAFFERTY: You know, when the courts start telling you whether or not you can listen to your kid's phone calls, it might be time to do something.

O'BRIEN: Yes. I should say.

All right. Let's check the headlines, this morning. Carol Costello at the Time Warner Center a few blocks away.

Good morning, Carol.

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

Now in the news.

Police in Columbus, Ohio are working on a new theory about the motive behind Wednesday's deadly shooting in a nightclub. The gunman, identified as 25-year-old Nathan Gale, killed four people before he was gunned down by police -- one of the victims, Darrell Dimebag Abbott, lead guitarist for the heavy metal group, Damageplan.

Police say Gale may have been a fan of Abbott's, angry about the breakup of Abbott's former band, Pantera.

The marine corps is bringing desertion charges against a corporal who disappeared in Iraq earlier this year. Corporal Wassef Ali Hassoun showed up in a purported hostage video before reappearing in Lebanon claiming he had been kidnapped. Hassoun had been an interpreter at a camp near Fallujah. No date has been set on a hearing on whether Hassoun should be court- martialed.

Americans are losing faith that Iraq will have a stable democratic government. An Associated Press poll finds that less than half, 47 percent of Americans, believe those goals can be met. Fifty- five percent thought so last spring.

And a memo from the FBI and the department of homeland security warns U.S. airlines that terrorists abroad are exploring lasers as a weapon. The memo warns that laser beams could be used to blind pilots and cause a crash.

Under investigation is an incident last September when a Delta airlines pilot reportedly suffered an eye injury from a laser beam while approaching the Salt Lake City Airport.

Back to you.

O'BRIEN: All right. That's kind of scary. Let's move on.

Does Scott Peterson deserve to die? That question will be answered by a jury that's already convicted him of double murder.

Jurors will resume deliberations on Peterson's sentence this morning. CNN's Rusty Dornin in Redwood City, California. She has been there for the whole thing.

Rusty, what's the latest?

RUSTY DORNIN, CNN CORRESPONDENT: You know, the jury deliberated for about two hours before they were released and went back to their hotel. Both sides gave a very dramatic summation in the courtroom.

The prosecution, the defense has been criticized in the past for their performance. That was not the case yesterday as each made an impassioned plea, one for life and one for death.

(BEGIN VIDEOTAPE)

DORNIN (voice-over): The worst kind of monster, that's what the prosecution called Scott Peterson in its final argument, telling jurors their only choice was to vote for death.

Prosecutor, David Harris, held up autopsy photos saying Peterson knew for 116 days that his wife's body was rotting at the bottom of the ocean.

He said Peterson was so callous that he called his girlfriend, Amber Frey, on the day a vigil was held for his missing wife. And Harris showed photos of Peterson smiling at that vigil.

Sharon Rocha, Laci Peterson's mother wept during the prosecution's summation. Defense attorney, Mark Geragos, told the jury nothing will bring Laci Peterson back to life, and killing Scott won't bring her family one minute of solace.

Scott Peterson's mother sobbed as Geragos talked about the miseries of prison, that he would live in a cell the size of a king- sized mattress for the rest of his life and that he would be a marked man.

The defense has repeatedly appealed for the jury's sympathy when talking about how the death penalty would affect the family.

But the judge cautioned the jurors.

JUDGE ALFRED A. DELUCCHI, ALAMEDA COUNTY, CALIFORNIA: Sympathy for a defendant's family is not a matter that a capital jury can consider in mitigation.

DORNIN: Because of the circumstantial nature of the case, Geragos told the jurors they should not vote for death if they have any lingering doubt about the sentence.

(END VIDEOTAPE)

DORNIN: A jury in California must deliver a unanimous verdict in a death penalty case. Defense attorney, Mark Geragos, made sure each juror understood that, even told a story that if any one of them wanted to vote for life and the rest wanted death, they could ring the buzzer in the jury room.

The bailiffs would come and it would all be over. But of course, it wouldn't be over, it would be a hung jury. And they would have to pick a brand new penalty phase jury -- Miles?

O'BRIEN: Rusty, let's kind of read some tea leaves here. Everybody looking at that jury trying to figure out what they're thinking. Do you have any sense of their demeanor at this point?

I believe we lost Rusty Dornin. We'll get back to her a little bit later -- Kelly?

WALLACE: All right. Thanks, Miles.

Pipeline, chemical plants and sky scrapers, just a few things you would expect to be on a government list of potential terror targets. But it turns out the administration's watch list leaves a lot to be desired.

More now from our -- in our CNN "Security Watch" coverage with homeland security correspondent, Jeanne Meserve.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT (voice-over): Apart from when presidents play, miniature golf courses are not generally regarded as critical infrastructure. But at least one is included on a national database of vital assets compiled by the department of homeland security.

REP. ZOE LOFGREN (D), CALIFORNIA: You can't list every, you know, miniature golf site in America. What you need to do is -- the spine of the American economy and the life blood of America that is vulnerable to attack.

MESERVE: But some important infrastructure is omitted from the list, according to some who have seen it. The database of potential terrorist targets is intended to identify and prioritize points of vulnerability to improve security and response plans.

Compiled with input from state and local officials, it is enormous with 80,000 entries.

MICHAEL O'HAMLON, BROOKINGS INSTITUTE: There's no way you can use this sort of a list for any practical efforts of protection. It's just too much.

MESERVE: DHS says vulnerability and risk assessments have produced a smaller list that contains "100 percent of those sites we deem most critical and at highest risk," including nuclear plants and some chemical facilities.

But DHS concedes a comprehensive list is not done, despite these words from Secretary Ridge last February.

TOM RIDGE, HOMELAND SECURITY SECRETARY: By December of this year, together with our partners, we will create a unified, national critical infrastructure database.

MESERVE (on camera): Some in Congress are fed up. As one lawmaker put it, how can you plan when you don't know what to protect?

Jeanne Meserve, CNN, Washington.

(END VIDEOTAPE)

WALLACE: So, how important is the watch list, and why isn't it complete?

Stephen Flynn is with the council on foreign relations and author of the book "America the vulnerable." He joins us this morning from Washington.

Stephen Flynn, thanks for being with us today.

STEPHEN FLYNN, AUTHOR, "AMERICA THE VULNERABLE": I'm happy to be with you, Kelly.

WALLACE: Here's something our viewers might find hard to believe. Why is it three years -- more than three years -- after the September 11 attacks and the U.S. government has not compiled a detailed list of terror targets?

FLYNN: Well, I guess there's three things that we need to be worried about if there's a why the list is so important. First the events of 9/11 told us that the terrorists, the al Qaeda groups, are not just interested in going after symbols but basically things that really can hurt us economically.

Secondly, that the -- we won't have the intelligence to give us advanced warning, as we know with all the intelligence brouhaha over the 9/11 commission's report, and so forth, we're not going to get that for a long time.

And thirdly, out of that is the fact that in the absence of intelligence, we really need to protect what is most critical in our society because we won't get the advanced warning. And you can't plan if you don't know what is even soft targets in the United States.

WALLACE: Of course this list is classified, so we have not seen it. We understand there could be thousands and thousands of things on the list.

Back in 2003, the White House identified some possible sites. Take a look at some of what was on that list at the time -- 87,000 food processing plants, two billion miles of cable going on to power plants, and 5,000 airports and 590,000 highway bridges.

Republican Congressman Istook of Oklahoma said this list is, "a joke." He says it's unfocused, undisciplined, that you have water parks on the list but not state capitals.

What's your reaction to that?

FLYNN: Well, first, the fact that we're three years and three months from 9/11 and we haven't even got an inventory of what our most, softest targets are is dismaying. And the fact that members of Congress on both sides of the aisle basically give it very poor marks is certainly disheartening.

This is a hard thing to do, by the way, because so much of the infrastructure is in the hands of the private sector that so much of it is -- the rest of it is basically managed at the local, state level.

And because the list is classified, the federal government only holds the security clearances, in most cases. And so, it basically -- we haven't been treating it with the level of urgency that we should.

But there is clearly some infrastructure that's more critical than others. The bridges along the Canadian border, for instance, account for about a billion dollars a day of trade. That should make them more critical than other bridges.

There are some chemical facilities that, because of stuff they produce, that you could have hundreds of thousands of lives lost if they were successfully targeted.

We desperately need to have a honed list that basically there's real consensus, has been vetted with the private sector, vetted with the local and state authorities so there is consensus about what we should be putting our resources in right now to protect.

A list of 80,000, obviously, doesn't get us there. We need to treat this with much more urgency than has been demonstrated to date.

WALLACE: As you know, the department of homeland security saying it's relying on state and local officials to give it information as well as privately-held companies, private sec -- from the private sector.

Your sense is that there's somewhat of a disincentive for some privately held companies to give this information to the U.S. government. Why?

FLYNN: Well, there's real issue of trust or lack thereof.

The private sector just is apprehensive that if the United States government identifies something as particularly critical and vulnerable that they will basically put unfunded mandates on them, or that the federal government won't do much at all, and they'll be on record for having said something is secure, and if something happens, there is a liability exposure.

This is an issue that requires a lot of leadership, at the very top of our government, to bring the CEOs of the major firms together to bring these sectors together and really drum this stuff out.

Again, the lesson from 9/11 was that our adversary is not going after our conventional forces but is going after the critical networks that underpin our way of life here at home.

And in this context, to be three years and three months out and not even have an agreed-upon list that Congress can look at as it sets funding priorities, as it tries to provide oversight to the department of homeland security, is criminal.

WALLACE: All right. Stephen Flynn, we have to leave it there. We'll be watching.

Stephen Flynn, author of "America the Vulnerable," thanks for being with us today.

And in our next hour here on CNN, continuing our CNN "Security Watch" coverage, more on terrorists potentially using lasers to bring down planes -- Miles?

O'BRIEN: This story just in from Pakistan.

At least seven dead after a bomb exploded a short time ago in the city of Quetta. Several others are wounded. We're watching it closely. We will bring you further details as soon as we get them.

In Southern California, they are getting ready for the worst. It all starts by blowing up a taxicab.

Forty-five federal, state and local agencies put themselves to the test yesterday, as you see, responding to a fake dirty bomb attack. A dirty bomb is a conventional explosive that contains nuclear material.

About 600 first responders participated in that drill.

In Houston, we have an eating problem. The crew of the international space station told by ground controllers to cut back on meals. While that may seem impolite, there is good reason for the order. The food supply is running low on the space station.

Station keepers, Leroy Chiao and Salizhan Sharipov have been dipping into the reserve pantry since mid-November. That's about a month earlier than expected. The pair must cut about 300 calories a day from their diet until a Russian supply ship arrives on Christmas Day.

I guess, Kelly, they are going on the John Glenn diet now.

WALLACE: I guess so. That's just one of those hard to believe kind of stories, Miles.

O'BRIEN: Hopefully that freight will arrive on time, otherwise they've got to come home.

WALLACE: That's right.

All right. Switching gears, a little bit, time for our first check of the Friday forecast. Rob Marciano is at the CNN Center with the latest weather update.

Good morning, Rob. What's it looking like today?

ROB MARCIANO, CNN METEOROLOGIST: Well, good morning, Kelly -- a pretty big mess heading up the Eastern seaboard.

(WEATHER REPORT)

MARCIANO: Back to you guys up there.

O'BRIEN: All right. Sorry to hear that. Thank you very much, Rob.

Got the family coming up, we'll be drenched. All right. Won't be able to get a cap.

Still to come, more fallout from that NBA brawl. Yes, it still goes on.

Several fans might file lawsuits, but could one of the players do the same? It proves that in the end, the lawyers always win.

We'll talk to Ron Artest's lawyer and his agency if they're going to win.

WALLACE: And moving from the law to politics. The Democrats huddle up trying to find a message. But who will be the candidate to spread that message in 2008? O'BRIEN: And regulators want to recall 600,000 popular trucks and SUVs. What's the problem you ask? And is that manufacturer likely to comply?

That's ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: If you drive a Dodge Durango or Dakota, listen up. Government safety experts asking Dodge to recall two types of those popular vehicles. Regulators say they have found problems with 4x4 Durango SUVs and 4-wheel drive Dakota pickup trucks built between 2000 and 2003.

Automobile magazine's editor-in-chief, Jean Jennings, is in Farmington Hills, Michigan to tell us more. Good morning, Jean, good to have you with us.

JEAN JENNINGS, EDITOR-IN-CHIEF, "AUTOMOBILE MAGAZINE": Good morning.

O'BRIEN: This is serious concern, isn't it?

JENNINGS: Well, it is. You know, you don't want your front wheel flying off. That's absolutely true.

O'BRIEN: And has that happened? There are some reports, CBS News out with a report indicating that has happened to some people.

JENNINGS: Well, apparently -- and, you know, this is CBS News reporting -- there have been dozens of incidents. Now, this is in, of a couple million such vehicles out there.

O'BRIEN: All right. A couple million vehicles, if you have one, pay attention. And I think the key here is 4x4, four-wheel drive is, obviously, the "at issue" here.

The company isn't commenting right now. Why not?

JENNINGS: Well, you know, they have to investigate and see exactly what's going on. This is a part that should not fatigue at 30,000 miles. And this is about the time you'd be finding this out. Most people put about 11,000 miles a year on their vehicle.

So, you know, 30,000 miles -- this is about when they're seeing this happen. I would suggest that the company is going to look at this carefully and make the right decision on what to do about this.

O'BRIEN: Right. But, I mean, they shouldn't be too reluctant to talk to people and be honest with them about a problem like this, I presume.

JENNINGS: No, I understand that they are saying they don't think it's a safety problem. And I don't know what that's all about because, you know, I would say a front wheel coming off is a serious safety concern more so than the rear wheel. O'BRIEN: I would put that in the category of safety issues -- wheels coming off, definitely.

I'm sorry, it's not funny.

What recourse do people have in these situations?

JENNINGS: I would say that, you know, in these day and age -- in this day and age -- you are not really going in for a lot of service, a lot of maintenance, routine maintenance, maybe every 15,000 miles.

I would look at your mileage and look at your service manual, see if it calls for a ball joint, you know, inspection. It probably doesn't. If you have a vehicle, a Dakota, Durango four-wheel drive from 2000 to 2003, I would take it in and have those ball joints inspected.

O'BRIEN: So in other words, recall it yourself, essentially. Wait --

JENNINGS: Right.

O'BRIEN: Don't wait for the government and the manufacturer to send you a notice.

JENNINGS: At least have your mechanic look at them and keep those receipts. If something happens down the line, and they decide they have to recall a certain number of these vehicles and -- you know, what bad news in bad economic times -- just when Chrysler was really doing well, too.

O'BRIEN: Yes, it seemed like they were turning a corner there. This could really be a big hit for them

JENNINGS: Well, they're looking great right now, absolutely great. So, you know, maybe they can get through this by making a quick decision and the right one.

O'BRIEN: All right. Jean Jennings with "Automobile Magazine," thanks for your time this morning. Appreciate it.

JENNINGS: Thank you.

O'BRIEN: All right -- Kelly?

WALLACE: Thanks, Miles.

Still to come here, oil prices have been dropping steadily for weeks. Now it looks like somebody is ready to step in and change that. What will that mean for you at the pump?

Andy is "Minding Your Business."

That's all ahead, here on AMERICAN MORNING.

(COMMERCIAL BREAK) O'BRIEN: Welcome back.

Let's get a preview of the Wall Street action for today. And the OPEC oil ministers meeting as we speak. Andy Serwer is -- you've got the line open, right?

ANDY SERWER, "FORTUNE" MAGAZINE: That's right. We are -- the OPEC ministers are meeting in Cairo as we speak. And sources are telling CNN that they have agreed to cut back production. That will increase oil prices.

Cutting back production a million barrels a day from their 27 million barrels a day quota, that's about a 4 percent cut. And it's ironic because it was just about six weeks ago when we were asking them to increase production, and they did when the price of oil was $55.

It has fallen precipitously to $42. The price of oil has risen in the past three days because they have telegraphed this. They have let us know.

You can see. There is the price drop.

They have let us know they were going to do this. OPEC has about 40 percent of world production, not as much clout, Miles, as you pointed out to me before we got on air, as they did back in the 1970s, but still probably enough to increase gas and oil prices here in the United States.

So, you can anticipate prices going up a bit. And it has been a roller coaster ride for oil prices this year.

As far as the market goes, a good day yesterday, you can see here, for all the indices. A big merger, perhaps, in the works between Sprint and Nextel. We'll be getting to that next half hour.

And American Airlines is looking to hike prices by $10 a ticket, and guess why, because of higher oil prices.

O'BRIEN: Wait a minute. I mean, they took the pillows out. Why do they need to raise prices?

SERWER: Because they are in dire straits. They need money any way they can get it, that's why.

O'BRIEN: OK. Got it.

Andy Serwer, thank you, sir.

SERWER: You're welcome.

WALLACE: All right. Thanks so much, Andy and Miles.

Time for Jack Cafferty and the "Question of the Day."

CAFFERTY: Very interesting story, Kelly, a mother who eavesdropped on her teenage daughter's telephone conversation was hauled into court and found guilty of violating Washington state's privacy laws.

The conversation became evidence in a robbery conviction, as a matter of fact. As fate would have it, one of the young punks she was talking to, the kid on the phone, was involved in some kind of a robbery deal or something.

Washington is one of 11 states that requires consent from all parties involved before a conversation can be recorded. The mother in the case -- her name is Carmen Dickson (ph) -- said, "It's ridiculous. Kids have more rights than parents these days. My daughter was out of control, and that was the only way I could get information and keep track of her. I did it all the time."

So the question is this, do parents have the right to eavesdrop on their kids?

AM@CNN.COM

O'BRIEN: Absolutely is the only answer.

SERWER: Being a parent.

O'BRIEN: Being a parent.

SERWER: Not a lawyer or a judge or somebody else.

O'BRIEN: Yes, forget the law...

CAFFERTY: I'm not a lawyer, but where does it say that the state can tell you what to do when it comes to the relationship with a minor child. This is a teenager. She's not 18.

WALLACE: Where do you draw the line?

CAFFERTY: She's not 21. She's a kid.

You're going to come into my house, tell me what I can do or not do?

WALLACE: Yes.

CAFFERTY: I mean, as long as I'm not hitting the kid with a ball bat -- as long as I monitor her phone conversations might prevent me from doing that, at some point.

I don't -- you know, where the hell does the state get off telling me I can't do it. Somebody's got to appeal that thing and let a higher court throw it out.

SERWER: Do you remember, Jack, when that kid sued his parents to get away from their custody? I mean, it's pretty -- speaking about kids having more rights than their parents. That's pretty amazing stuff.

CAFFERTY: Yes, well, if that would have been my kid, he wouldn't have had to sue.

SERWER: You're gone.

O'BRIEN: Yes. All right, got to go.

Still to come, your Friday morning dose of "90-Second Pop."

Billionaire Donald Trump isn't hurting for cash. So why is he jumping at the chance for a freebee?

Plus, his newlywed, Star Jones Reynolds, ready to push an icon off the red carpet?

Stay with us for more AMERICAN MORNING.

(COMMERCIAL BREAK)


Aired December 10, 2004 - 07:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KELLY WALLACE, CNN ANCHOR: Scott Peterson perhaps just hours from knowing if he will go to death row. Jury deliberations set to resume this morning.
The government is demanding hundreds of thousands of Dodge trucks and SUVs come off the road. A possible defect that could make front wheels come off.

If terrorists were to strike, would it look like this? First responders testing with a fake dirty bomb.

And a food shortage in space where the hungry now can do nothing but wait. Counting calories on this Friday, on this AMERICAN MORNING.

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

MILES O'BRIEN, CNN ANCHOR: Good morning. Bill and Soledad off this morning. Miles O'Brien here with Kelly Wallace. Good to be with you.

WALLACE: Great to be with you, a treat to be by your side.

O'BRIEN: This is very nice.

WALLACE: Yes, very nice.

O'BRIEN: And good morning to all of you.

Some of the other stories we are following.

In CNN "Security Watch" this morning, we're looking at the most tempting places in America to terrorists, all 80,000 of them. They're on a massive list of potential targets.

It's a list so big and unwieldy, many people are calling it a waste of time. We'll look at that.

WALLACE: Also, Miles, we're going to talk to the attorney for suspended NBA star, Ron Artest, as well as his agent. Will Artest fight the criminal charges against him in that brawl with Pistons fans? We'll talk about that as well as whether Artest is planning legal action of his own.

O'BRIEN: And well it may be fill-in Friday, here, Jack remains.

WALLACE: The veteran...

CAFFERTY: I always get left behind on these things.

We are going to Japan, you stay here. We're going to take the day off, you stay here.

O'BRIEN: Hold the fort.

CAFFERTY: Any who?

WALLACE: That's how they show the love.

CAFFERTY: Yes, I know.

Well, coming up a bit later, there is a story, a rather bizarre one, I think, about a mother who was dragged into court for eavesdropping on her teenage daughter's telephone conversations. And the mother lost the court case. She was convicted.

We'll take a look at it in a few minutes.

O'BRIEN: All right. That's a good question.

You know, kids have been eavesdropping on parents for years. This is the other way around now.

WALLACE: Well...

CAFFERTY: You know, when the courts start telling you whether or not you can listen to your kid's phone calls, it might be time to do something.

O'BRIEN: Yes. I should say.

All right. Let's check the headlines, this morning. Carol Costello at the Time Warner Center a few blocks away.

Good morning, Carol.

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

Now in the news.

Police in Columbus, Ohio are working on a new theory about the motive behind Wednesday's deadly shooting in a nightclub. The gunman, identified as 25-year-old Nathan Gale, killed four people before he was gunned down by police -- one of the victims, Darrell Dimebag Abbott, lead guitarist for the heavy metal group, Damageplan.

Police say Gale may have been a fan of Abbott's, angry about the breakup of Abbott's former band, Pantera.

The marine corps is bringing desertion charges against a corporal who disappeared in Iraq earlier this year. Corporal Wassef Ali Hassoun showed up in a purported hostage video before reappearing in Lebanon claiming he had been kidnapped. Hassoun had been an interpreter at a camp near Fallujah. No date has been set on a hearing on whether Hassoun should be court- martialed.

Americans are losing faith that Iraq will have a stable democratic government. An Associated Press poll finds that less than half, 47 percent of Americans, believe those goals can be met. Fifty- five percent thought so last spring.

And a memo from the FBI and the department of homeland security warns U.S. airlines that terrorists abroad are exploring lasers as a weapon. The memo warns that laser beams could be used to blind pilots and cause a crash.

Under investigation is an incident last September when a Delta airlines pilot reportedly suffered an eye injury from a laser beam while approaching the Salt Lake City Airport.

Back to you.

O'BRIEN: All right. That's kind of scary. Let's move on.

Does Scott Peterson deserve to die? That question will be answered by a jury that's already convicted him of double murder.

Jurors will resume deliberations on Peterson's sentence this morning. CNN's Rusty Dornin in Redwood City, California. She has been there for the whole thing.

Rusty, what's the latest?

RUSTY DORNIN, CNN CORRESPONDENT: You know, the jury deliberated for about two hours before they were released and went back to their hotel. Both sides gave a very dramatic summation in the courtroom.

The prosecution, the defense has been criticized in the past for their performance. That was not the case yesterday as each made an impassioned plea, one for life and one for death.

(BEGIN VIDEOTAPE)

DORNIN (voice-over): The worst kind of monster, that's what the prosecution called Scott Peterson in its final argument, telling jurors their only choice was to vote for death.

Prosecutor, David Harris, held up autopsy photos saying Peterson knew for 116 days that his wife's body was rotting at the bottom of the ocean.

He said Peterson was so callous that he called his girlfriend, Amber Frey, on the day a vigil was held for his missing wife. And Harris showed photos of Peterson smiling at that vigil.

Sharon Rocha, Laci Peterson's mother wept during the prosecution's summation. Defense attorney, Mark Geragos, told the jury nothing will bring Laci Peterson back to life, and killing Scott won't bring her family one minute of solace.

Scott Peterson's mother sobbed as Geragos talked about the miseries of prison, that he would live in a cell the size of a king- sized mattress for the rest of his life and that he would be a marked man.

The defense has repeatedly appealed for the jury's sympathy when talking about how the death penalty would affect the family.

But the judge cautioned the jurors.

JUDGE ALFRED A. DELUCCHI, ALAMEDA COUNTY, CALIFORNIA: Sympathy for a defendant's family is not a matter that a capital jury can consider in mitigation.

DORNIN: Because of the circumstantial nature of the case, Geragos told the jurors they should not vote for death if they have any lingering doubt about the sentence.

(END VIDEOTAPE)

DORNIN: A jury in California must deliver a unanimous verdict in a death penalty case. Defense attorney, Mark Geragos, made sure each juror understood that, even told a story that if any one of them wanted to vote for life and the rest wanted death, they could ring the buzzer in the jury room.

The bailiffs would come and it would all be over. But of course, it wouldn't be over, it would be a hung jury. And they would have to pick a brand new penalty phase jury -- Miles?

O'BRIEN: Rusty, let's kind of read some tea leaves here. Everybody looking at that jury trying to figure out what they're thinking. Do you have any sense of their demeanor at this point?

I believe we lost Rusty Dornin. We'll get back to her a little bit later -- Kelly?

WALLACE: All right. Thanks, Miles.

Pipeline, chemical plants and sky scrapers, just a few things you would expect to be on a government list of potential terror targets. But it turns out the administration's watch list leaves a lot to be desired.

More now from our -- in our CNN "Security Watch" coverage with homeland security correspondent, Jeanne Meserve.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT (voice-over): Apart from when presidents play, miniature golf courses are not generally regarded as critical infrastructure. But at least one is included on a national database of vital assets compiled by the department of homeland security.

REP. ZOE LOFGREN (D), CALIFORNIA: You can't list every, you know, miniature golf site in America. What you need to do is -- the spine of the American economy and the life blood of America that is vulnerable to attack.

MESERVE: But some important infrastructure is omitted from the list, according to some who have seen it. The database of potential terrorist targets is intended to identify and prioritize points of vulnerability to improve security and response plans.

Compiled with input from state and local officials, it is enormous with 80,000 entries.

MICHAEL O'HAMLON, BROOKINGS INSTITUTE: There's no way you can use this sort of a list for any practical efforts of protection. It's just too much.

MESERVE: DHS says vulnerability and risk assessments have produced a smaller list that contains "100 percent of those sites we deem most critical and at highest risk," including nuclear plants and some chemical facilities.

But DHS concedes a comprehensive list is not done, despite these words from Secretary Ridge last February.

TOM RIDGE, HOMELAND SECURITY SECRETARY: By December of this year, together with our partners, we will create a unified, national critical infrastructure database.

MESERVE (on camera): Some in Congress are fed up. As one lawmaker put it, how can you plan when you don't know what to protect?

Jeanne Meserve, CNN, Washington.

(END VIDEOTAPE)

WALLACE: So, how important is the watch list, and why isn't it complete?

Stephen Flynn is with the council on foreign relations and author of the book "America the vulnerable." He joins us this morning from Washington.

Stephen Flynn, thanks for being with us today.

STEPHEN FLYNN, AUTHOR, "AMERICA THE VULNERABLE": I'm happy to be with you, Kelly.

WALLACE: Here's something our viewers might find hard to believe. Why is it three years -- more than three years -- after the September 11 attacks and the U.S. government has not compiled a detailed list of terror targets?

FLYNN: Well, I guess there's three things that we need to be worried about if there's a why the list is so important. First the events of 9/11 told us that the terrorists, the al Qaeda groups, are not just interested in going after symbols but basically things that really can hurt us economically.

Secondly, that the -- we won't have the intelligence to give us advanced warning, as we know with all the intelligence brouhaha over the 9/11 commission's report, and so forth, we're not going to get that for a long time.

And thirdly, out of that is the fact that in the absence of intelligence, we really need to protect what is most critical in our society because we won't get the advanced warning. And you can't plan if you don't know what is even soft targets in the United States.

WALLACE: Of course this list is classified, so we have not seen it. We understand there could be thousands and thousands of things on the list.

Back in 2003, the White House identified some possible sites. Take a look at some of what was on that list at the time -- 87,000 food processing plants, two billion miles of cable going on to power plants, and 5,000 airports and 590,000 highway bridges.

Republican Congressman Istook of Oklahoma said this list is, "a joke." He says it's unfocused, undisciplined, that you have water parks on the list but not state capitals.

What's your reaction to that?

FLYNN: Well, first, the fact that we're three years and three months from 9/11 and we haven't even got an inventory of what our most, softest targets are is dismaying. And the fact that members of Congress on both sides of the aisle basically give it very poor marks is certainly disheartening.

This is a hard thing to do, by the way, because so much of the infrastructure is in the hands of the private sector that so much of it is -- the rest of it is basically managed at the local, state level.

And because the list is classified, the federal government only holds the security clearances, in most cases. And so, it basically -- we haven't been treating it with the level of urgency that we should.

But there is clearly some infrastructure that's more critical than others. The bridges along the Canadian border, for instance, account for about a billion dollars a day of trade. That should make them more critical than other bridges.

There are some chemical facilities that, because of stuff they produce, that you could have hundreds of thousands of lives lost if they were successfully targeted.

We desperately need to have a honed list that basically there's real consensus, has been vetted with the private sector, vetted with the local and state authorities so there is consensus about what we should be putting our resources in right now to protect.

A list of 80,000, obviously, doesn't get us there. We need to treat this with much more urgency than has been demonstrated to date.

WALLACE: As you know, the department of homeland security saying it's relying on state and local officials to give it information as well as privately-held companies, private sec -- from the private sector.

Your sense is that there's somewhat of a disincentive for some privately held companies to give this information to the U.S. government. Why?

FLYNN: Well, there's real issue of trust or lack thereof.

The private sector just is apprehensive that if the United States government identifies something as particularly critical and vulnerable that they will basically put unfunded mandates on them, or that the federal government won't do much at all, and they'll be on record for having said something is secure, and if something happens, there is a liability exposure.

This is an issue that requires a lot of leadership, at the very top of our government, to bring the CEOs of the major firms together to bring these sectors together and really drum this stuff out.

Again, the lesson from 9/11 was that our adversary is not going after our conventional forces but is going after the critical networks that underpin our way of life here at home.

And in this context, to be three years and three months out and not even have an agreed-upon list that Congress can look at as it sets funding priorities, as it tries to provide oversight to the department of homeland security, is criminal.

WALLACE: All right. Stephen Flynn, we have to leave it there. We'll be watching.

Stephen Flynn, author of "America the Vulnerable," thanks for being with us today.

And in our next hour here on CNN, continuing our CNN "Security Watch" coverage, more on terrorists potentially using lasers to bring down planes -- Miles?

O'BRIEN: This story just in from Pakistan.

At least seven dead after a bomb exploded a short time ago in the city of Quetta. Several others are wounded. We're watching it closely. We will bring you further details as soon as we get them.

In Southern California, they are getting ready for the worst. It all starts by blowing up a taxicab.

Forty-five federal, state and local agencies put themselves to the test yesterday, as you see, responding to a fake dirty bomb attack. A dirty bomb is a conventional explosive that contains nuclear material.

About 600 first responders participated in that drill.

In Houston, we have an eating problem. The crew of the international space station told by ground controllers to cut back on meals. While that may seem impolite, there is good reason for the order. The food supply is running low on the space station.

Station keepers, Leroy Chiao and Salizhan Sharipov have been dipping into the reserve pantry since mid-November. That's about a month earlier than expected. The pair must cut about 300 calories a day from their diet until a Russian supply ship arrives on Christmas Day.

I guess, Kelly, they are going on the John Glenn diet now.

WALLACE: I guess so. That's just one of those hard to believe kind of stories, Miles.

O'BRIEN: Hopefully that freight will arrive on time, otherwise they've got to come home.

WALLACE: That's right.

All right. Switching gears, a little bit, time for our first check of the Friday forecast. Rob Marciano is at the CNN Center with the latest weather update.

Good morning, Rob. What's it looking like today?

ROB MARCIANO, CNN METEOROLOGIST: Well, good morning, Kelly -- a pretty big mess heading up the Eastern seaboard.

(WEATHER REPORT)

MARCIANO: Back to you guys up there.

O'BRIEN: All right. Sorry to hear that. Thank you very much, Rob.

Got the family coming up, we'll be drenched. All right. Won't be able to get a cap.

Still to come, more fallout from that NBA brawl. Yes, it still goes on.

Several fans might file lawsuits, but could one of the players do the same? It proves that in the end, the lawyers always win.

We'll talk to Ron Artest's lawyer and his agency if they're going to win.

WALLACE: And moving from the law to politics. The Democrats huddle up trying to find a message. But who will be the candidate to spread that message in 2008? O'BRIEN: And regulators want to recall 600,000 popular trucks and SUVs. What's the problem you ask? And is that manufacturer likely to comply?

That's ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: If you drive a Dodge Durango or Dakota, listen up. Government safety experts asking Dodge to recall two types of those popular vehicles. Regulators say they have found problems with 4x4 Durango SUVs and 4-wheel drive Dakota pickup trucks built between 2000 and 2003.

Automobile magazine's editor-in-chief, Jean Jennings, is in Farmington Hills, Michigan to tell us more. Good morning, Jean, good to have you with us.

JEAN JENNINGS, EDITOR-IN-CHIEF, "AUTOMOBILE MAGAZINE": Good morning.

O'BRIEN: This is serious concern, isn't it?

JENNINGS: Well, it is. You know, you don't want your front wheel flying off. That's absolutely true.

O'BRIEN: And has that happened? There are some reports, CBS News out with a report indicating that has happened to some people.

JENNINGS: Well, apparently -- and, you know, this is CBS News reporting -- there have been dozens of incidents. Now, this is in, of a couple million such vehicles out there.

O'BRIEN: All right. A couple million vehicles, if you have one, pay attention. And I think the key here is 4x4, four-wheel drive is, obviously, the "at issue" here.

The company isn't commenting right now. Why not?

JENNINGS: Well, you know, they have to investigate and see exactly what's going on. This is a part that should not fatigue at 30,000 miles. And this is about the time you'd be finding this out. Most people put about 11,000 miles a year on their vehicle.

So, you know, 30,000 miles -- this is about when they're seeing this happen. I would suggest that the company is going to look at this carefully and make the right decision on what to do about this.

O'BRIEN: Right. But, I mean, they shouldn't be too reluctant to talk to people and be honest with them about a problem like this, I presume.

JENNINGS: No, I understand that they are saying they don't think it's a safety problem. And I don't know what that's all about because, you know, I would say a front wheel coming off is a serious safety concern more so than the rear wheel. O'BRIEN: I would put that in the category of safety issues -- wheels coming off, definitely.

I'm sorry, it's not funny.

What recourse do people have in these situations?

JENNINGS: I would say that, you know, in these day and age -- in this day and age -- you are not really going in for a lot of service, a lot of maintenance, routine maintenance, maybe every 15,000 miles.

I would look at your mileage and look at your service manual, see if it calls for a ball joint, you know, inspection. It probably doesn't. If you have a vehicle, a Dakota, Durango four-wheel drive from 2000 to 2003, I would take it in and have those ball joints inspected.

O'BRIEN: So in other words, recall it yourself, essentially. Wait --

JENNINGS: Right.

O'BRIEN: Don't wait for the government and the manufacturer to send you a notice.

JENNINGS: At least have your mechanic look at them and keep those receipts. If something happens down the line, and they decide they have to recall a certain number of these vehicles and -- you know, what bad news in bad economic times -- just when Chrysler was really doing well, too.

O'BRIEN: Yes, it seemed like they were turning a corner there. This could really be a big hit for them

JENNINGS: Well, they're looking great right now, absolutely great. So, you know, maybe they can get through this by making a quick decision and the right one.

O'BRIEN: All right. Jean Jennings with "Automobile Magazine," thanks for your time this morning. Appreciate it.

JENNINGS: Thank you.

O'BRIEN: All right -- Kelly?

WALLACE: Thanks, Miles.

Still to come here, oil prices have been dropping steadily for weeks. Now it looks like somebody is ready to step in and change that. What will that mean for you at the pump?

Andy is "Minding Your Business."

That's all ahead, here on AMERICAN MORNING.

(COMMERCIAL BREAK) O'BRIEN: Welcome back.

Let's get a preview of the Wall Street action for today. And the OPEC oil ministers meeting as we speak. Andy Serwer is -- you've got the line open, right?

ANDY SERWER, "FORTUNE" MAGAZINE: That's right. We are -- the OPEC ministers are meeting in Cairo as we speak. And sources are telling CNN that they have agreed to cut back production. That will increase oil prices.

Cutting back production a million barrels a day from their 27 million barrels a day quota, that's about a 4 percent cut. And it's ironic because it was just about six weeks ago when we were asking them to increase production, and they did when the price of oil was $55.

It has fallen precipitously to $42. The price of oil has risen in the past three days because they have telegraphed this. They have let us know.

You can see. There is the price drop.

They have let us know they were going to do this. OPEC has about 40 percent of world production, not as much clout, Miles, as you pointed out to me before we got on air, as they did back in the 1970s, but still probably enough to increase gas and oil prices here in the United States.

So, you can anticipate prices going up a bit. And it has been a roller coaster ride for oil prices this year.

As far as the market goes, a good day yesterday, you can see here, for all the indices. A big merger, perhaps, in the works between Sprint and Nextel. We'll be getting to that next half hour.

And American Airlines is looking to hike prices by $10 a ticket, and guess why, because of higher oil prices.

O'BRIEN: Wait a minute. I mean, they took the pillows out. Why do they need to raise prices?

SERWER: Because they are in dire straits. They need money any way they can get it, that's why.

O'BRIEN: OK. Got it.

Andy Serwer, thank you, sir.

SERWER: You're welcome.

WALLACE: All right. Thanks so much, Andy and Miles.

Time for Jack Cafferty and the "Question of the Day."

CAFFERTY: Very interesting story, Kelly, a mother who eavesdropped on her teenage daughter's telephone conversation was hauled into court and found guilty of violating Washington state's privacy laws.

The conversation became evidence in a robbery conviction, as a matter of fact. As fate would have it, one of the young punks she was talking to, the kid on the phone, was involved in some kind of a robbery deal or something.

Washington is one of 11 states that requires consent from all parties involved before a conversation can be recorded. The mother in the case -- her name is Carmen Dickson (ph) -- said, "It's ridiculous. Kids have more rights than parents these days. My daughter was out of control, and that was the only way I could get information and keep track of her. I did it all the time."

So the question is this, do parents have the right to eavesdrop on their kids?

AM@CNN.COM

O'BRIEN: Absolutely is the only answer.

SERWER: Being a parent.

O'BRIEN: Being a parent.

SERWER: Not a lawyer or a judge or somebody else.

O'BRIEN: Yes, forget the law...

CAFFERTY: I'm not a lawyer, but where does it say that the state can tell you what to do when it comes to the relationship with a minor child. This is a teenager. She's not 18.

WALLACE: Where do you draw the line?

CAFFERTY: She's not 21. She's a kid.

You're going to come into my house, tell me what I can do or not do?

WALLACE: Yes.

CAFFERTY: I mean, as long as I'm not hitting the kid with a ball bat -- as long as I monitor her phone conversations might prevent me from doing that, at some point.

I don't -- you know, where the hell does the state get off telling me I can't do it. Somebody's got to appeal that thing and let a higher court throw it out.

SERWER: Do you remember, Jack, when that kid sued his parents to get away from their custody? I mean, it's pretty -- speaking about kids having more rights than their parents. That's pretty amazing stuff.

CAFFERTY: Yes, well, if that would have been my kid, he wouldn't have had to sue.

SERWER: You're gone.

O'BRIEN: Yes. All right, got to go.

Still to come, your Friday morning dose of "90-Second Pop."

Billionaire Donald Trump isn't hurting for cash. So why is he jumping at the chance for a freebee?

Plus, his newlywed, Star Jones Reynolds, ready to push an icon off the red carpet?

Stay with us for more AMERICAN MORNING.

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