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American Morning

Scott Peterson Sentencing; Hemmer's Travels; 'House Call'

Aired December 13, 2004 - 09:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


SOLEDAD O'BRIEN, CNN ANCHOR: Welcome back, everybody. A beautiful look at Central Park this morning. It is just about half past the hour on this AMERICAN MORNING.
We heard reports over the weekend that police had found fingerprints, both of Michael Jackson and of his accuser, on some pornographic magazines that were seized at the Neverland Ranch. But while that might sound bad for the superstar, is it any evidence of molestation? This morning we talk with Jeff Toobin about the legal significance of that find.

Also this morning, Jamie Foxx is having a huge day. He received Golden Globe nominations in three different acting categories when the nominees were announced just about an hour ago. "90-Second Pop" is just ahead. We're going to take a look at some of the early favorites to win and maybe some of the surprises as well.

We're going to get back to Bill in Tokyo in just a moment. But first, let's get another check of the headlines with Kelly.

good morning again.

KELLY WALLACE, CNN ANCHOR: Good morning again, Soledad. And good morning, everyone.

"Now in the News."

The search is back on today for a new secretary of homeland security. That hunt is resuming after former New York City Police Commissioner Bernard Kerik withdrew his nomination over questions about the immigration status of a former nanny. The development now has both Republicans and Democrats asking tough questions about the White House vetting process that is used to select high-level nominees.

In Iraq now, at least eight people killed in a suicide car bombing today. It happened just outside Baghdad's Green Zone, where Iraq's interim government and foreign embassies are located. That suicide bombing coming just a day after seven American Marines were killed in separate attacks in Iraq's Al Anbar Province west of Baghdad. The U.S. military says the fighting was the deadliest for American forces since an attack in Falluja on October 30.

The world's major oil-producing countries are taking steps today to explain their plan to reduce oil output. The head of OPEC is predicting global demand for oil will decline by a million barrels per day in the second quarter of next year. That forecast coming just days after OPEC ministers agreed to cut back crude oil production to stop the global decline in prices.

And NASA Administrator Sean O'Keefe is expected to announce his resignation a little later today. Sources at NASA are telling CNN, O'Keefe is leaving to take a job as chancellor of Louisiana State University. No word yet on when O'Keefe will leave the space agency or who will replace him.

That gets you caught up with a quick of the headlines. Now back to Soledad.

O'BRIEN: All right, Kelly, thanks a lot.

The jury deciding whether Scott Peterson lives or dies will resume its deliberation this morning. Peterson was convicted of murdering his wife, Laci, and their unborn child.

Senior legal analyst Jeff Toobin joins us to talk about the case. Also, we're going to throw in a little question about Michael Jackson as well.

But let's start with Scott Peterson. Were you surprised that Friday they were not able to come to any kind of recommendation?

JEFFERY TOOBIN, CNN SENIOR LEGAL ANALYST: I was surprised. This was a jury that took less than a full day of deliberations to reach a guilt decision. The penalty phase is almost always shorter. And you had a Friday. Juries like to...

O'BRIEN: Motivating.

TOOBIN: ... finish up their work on Friday so they're not sequestered over the weekend, all of which suggests that there's some real division on the jury on this question.

O'BRIEN: Suggesting good news then for Scott Peterson.

TOOBIN: Actually not, I'd say.

O'BRIEN: Really. Why?

TOOBIN: I would say not, because, you know, this case, if you are going to have a quick decision, it would seem to me you would -- most people think this is a life case rather than a death case -- life without parole. Here, you have a situation where they didn't come quickly to a life without parole decision. So it means that some jurors want death and are fighting for it. So...

O'BRIEN: But doesn't it have to be unanimous? I mean, they all have to agree. So that's got to be a tough call to sway whatever extra number of people who do not agree to do something that maybe they find morally reprehensible.

TOOBIN: Absolutely. I mean, these are difficult decisions, but they tend not to be decisions jurors talk about for a long time. California also has a very peculiar aspect of the law, which is that if the jury can't reach a decision in the penalty phase, the prosecution has the option of retrying the penalty phase with a new jury. In other words, basically retrying the whole case.

O'BRIEN: How would that work? They'd have to go back and start screening prospective jurors again?

TOOBIN: The whole thing. Change of venue motions. Now, what often happens is prosecutors consult with the victim's family and say, look, we're not going to do this. We'll just accept a life without parole sentence. And I probably bet that's what would happen here, but they do have the option. And it's something to keep in mind.

O'BRIEN: Before we run out of time, let's talk about the Michael Jackson molestation case. A source that's familiar with the case told CNN that fingerprints that belong to Michael Jackson, also fingerprints belonging to his accuser, were found on a pornographic magazine that was seized last year from Neverland Ranch. What potentially is the evidentiary significance of this?

TOOBIN: You know, like a lot of things involving Michael Jackson...

O'BRIEN: It sounds salacious.

TOOBIN: ... this is creepy.

O'BRIEN: Right.

TOOBIN: But it's not necessarily proof of any guilt. Fingerprints don't have to be put on at the same time. It could be that the accuser looked at this months after Michael Jackson looked at it. Apparently, the accuser was at the ranch when Michael Jackson wasn't even there, so that...

O'BRIEN: So then no real value.

TOOBIN: Well, I don't know about no real value, but unless there can be other testimony saying that they looked at this magazine together at the same time, I think its significance is somewhat limited.

O'BRIEN: All right, two cases that keep going on, don't they?

TOOBIN: All right.

O'BRIEN: Jeff Toobin, as always, thank you.

A look at the weather now for the day ahead.

(WEATHER REPORT)

O'BRIEN: It's time to send it back to Bill Hemmer in Tokyo this morning -- Bill.

HEMMER: All right, Soledad. Thanks again.

For the past 20 years, travel has been a bit more of a hobby for me. Travel in many ways is kind of in my life. About 12 years ago, I took this camera, this small camera here, and captured enough memories for a couple of lifetimes. And a lot of those memories are now coming back today.

(BEGIN VIDEOTAPE)

HEMMER (voice over): For my money, travel is the school of life. There is no better way to learn about this planet, its fascinating people, and how it all seems to work around here.

More than 10 years ago, I quit my job, loaded up a backpack and wandered for nearly 12 months to see and to learn a whole lot more about us -- all six billion of us.

(on camera): The Chinese call it Chang Cheng, or the Great Wall.

(voice over): I spent a lot of time in some hard-to-reach places. The clinics in Calcutta run by Mother Teresa. A very long bungee jump in New Zealand.

(on camera): If you want to see just how much change is taking place...

(voice over): Watching small businesses take root in Vietnam. A mud massage along the Dead Sea. I remember telling my family and friends, this is not a vacation; this is an education. And was it ever.

Maybe the one solid truth is this: No matter where you go, we're all trying to make our lives and the lives of those closest to us better than they are today.

In the past few years, my travel has been for work. But the deserts in Afghanistan or the dusty and deadly streets of Baghdad offered the same level of intrigue. And so, more than 50 countries later, the ancient culture of Japan is on the list for this first-time visitor. And I, for one, can't wait to explore and learn again.

(END VIDEOTAPE)

And now we have the perfect opportunity to make new memories starting now here in Japan. We'll be here throughout the week.

Back to you now, Soledad, in New York.

O'BRIEN: All right, Bill, thanks.

More than 28 million Americans are migraine sufferers. And new research suggests that they run twice the risk of having a stroke.

Dr. Sanjay Gupta joins us from the CNN center with details on the study.

Hey, Sanjay, good morning again.

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Good morning, Soledad. It's really interesting. For a long time now, researchers have believed, hypothesized, that there is a link between those who have migraine headaches and a higher incidence of strokes. They tried to look into this now, and they're actually compiled 14 different studies to try and definitively prove the links. Their findings were published in the "British Medical Journal."

What they found was very interesting. People who have migraine headaches are going to have two times a greater risk for stroke. I'll talk about why in a second.

What I found even more startling was that there was an up to eight times greater risk for those who were also taking birth control pills. That is, women who both take birth control pills and have migraine headaches.

A couple of reasons why, Soledad. A lot of people are hypothesizing again on this. Migraine headaches are associated with decreased blood flow to the brain for short periods of time. That could increase your risk for stroke for obvious reasons.

The birth control pill is sort of interesting. Birth control pills have been known to actually increase your incidence of clotting. So, if you combine the clotting risk with the decreased blood flow risk, that could increase the risk for stroke.

The bottom line is this, Soledad: Doctors may have to take a look at these new studies and figure out whether they need to treat women who are on birth control pills and have migraines, treat them a little bit differently -- Soledad.

O'BRIEN: So, if they're able to prevent the migraine, does that lower your risk? Or are those sort of independent factors?

GUPTA: You know, it's really interesting. That's a good question, Soledad because, here's the thing. It is not known whether the fact that someone who is just predisposed to migraines, likely to have migraines, is at an increased risk of stroke, or whether you actually have to have the migraine to increase your risk of stroke. An interesting point that scientists are trying to stumble upon here.

But they do agree upon this, that it is probably better to not have migraines in the first place. There are several ways to try and decrease your risk. Triggers, if you will. I have migraine headaches, so I'm familiar with these. But lack of sleep. Stress. Food or beverage choices such as chocolate or red wine, for example. Menstruation. Dehydration as well can do it. Soledad, even the weather can affect things.

So, trying to control those risk factors either with or without medications is going to be key, at least for now -- Soledad.

O'BRIEN: An interesting study. And, of course, probably much more work done on it. Sanjay Gupta for us this morning. Sanjay, thanks.

GUPTA: Thank you.

O'BRIEN: Still to come this morning, it is merger Monday. There's at least one billion-dollar deal out there. Andy Serwer is watching which companies might be put on the block today.

Plus, our "90-Second Pop" team has had an hour to work their sources. We're going to find out what they know about this morning's Golden Globe nominees. That's ahead as AMERICAN MORNING continues.

(COMMERCIAL BREAK)

O'BRIEN: Oh, now it's "90-Second Pop. Award season is now officially under way. With us to discuss this morning's nominations for the Golden Globes, B.J. Sigesmund, staff editor for "US Weekly."

Hello.

B.J. SIGESMUND, STAFF EDITOR, "US WEEKLY": Hello.

O'BRIEN: Sarah Bernard, a contributing editor for "New York" magazine.

Good morning.

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

O'BRIEN: Toure, CNN's pop culture correspondent.

Hi.

TOURE, CNN POP CULTURE CORRESPONDENT: Don't adjust your set. I have a tan.

O'BRIEN: I know. I was going to say, someone got a little darker over the weekend. But I'm not going to bring it up.

How are you guys? Let's get right to it, because there's actually a lot to talk about.

Best motion picture drama, let me read the nominees. "The Aviator," "Closer," "Finding Neverland," "Hotel Rwanda," "Kinsey," "Million Dollar Baby." What do you like best and why?

BERNARD: I think it's going to be "Aviator." This is Miramax's swan song. This is seriously going to be the last movie that Harvey Weinstein gets behind under the Miramax name. It's going to be his last chance to win an Oscar, and he is going to put everything behind it.

O'BRIEN: Is it a good movie?

SIGESMUND: I agree. I've seen the movie...

O'BRIEN: Hello.

BERNARD: I don't think that matters.

SIGESMUND: I've seen the movie, and I think it's good, but not great. And I think the reviews will basically echo that. But I do agree with Sarah that probably "The Aviator" will take this category.

TOURE: I don't know. I mean, this is tight for me. I mean, I haven't seen "Million Dollar Baby." None of us who aren't in Hollywood have. I mean, "Closer" is fantastic. "Hotel Rwanda" just...

O'BRIEN: That's terrific.

TOURE: ... grabs you in. So I don't know where this is going to go.

O'BRIEN: All right. We're going to say that category is wide open. Move on.

SIGESMUND: OK.

O'BRIEN: Let's talk about the best actor in a drama. Here are the nominees. Javier Bardem -- oh, I love him -- for "The Sea Inside." Don Cheadle for "Hotel Rwanda." Johnny Depp, "Finding Neverland." Leonardo DiCaprio, "The Aviator." Liam Neeson for "Kinsey." Who do you pick, B.J., as walking away with this?

SIGESMUND: This is actually, I think, a three-way race at this point, I would say. It could be Leo. It could be Johnny Depp. And it could be Liam Neeson. You know, I don't really -- I was looking at it and looking at it hard, talking to my sources. And, you know, I mean, the energy was all on Liam Neeson earlier this year. But Leo DiCaprio is one of the best things about "The Aviator." And everyone loves Johnny Depp, and he keeps almost winning.

BERNARD: See, I think it's going to be Johnny Depp for that reason, because they wanted to give him...

TOURE: Oh, please! That movie was such a snore! You can't...

BERNARD: It doesn't matter. They give it to him for all of his past movies.

TOURE: But what did he do?

BERNARD: Do you guys...

(CROSSTALK)

BERNARD: His pirate movie, that's another one I love him for.

O'BRIEN: When I said I loved Javier Bardem, hello!

SIGESMUND: Oh, sorry.

(CROSSTALK)

TOURE: Well, you haven't talked about Don Cheadle yet, either.

O'BRIEN: He's terrific. But, I mean, isn't "The Sea Inside" supposed to be terrific? And Javier Bardem is fantastic in it? And, you know...

SIGESMUND: Well, it hasn't even come out yet, so we can't really talk about all of the reviews yet.

O'BRIEN: Now moving on.

TOURE: Moving right along.

SIGESMUND: We've got to talk about that, though. But it is interesting that all of these nominations are out. There's one category coming up where no one has seen really any of the movie, best actress in a drama.

O'BRIEN: In a drama. Well, thank you very much.

SIGESMUND: We've barely seen them.

O'BRIEN: Let's pick it up there.

TOURE: Segue.

O'BRIEN: I'm always looking for a good segue. Scarlett Johansson, "A Love Song For Bobby Long." Haven't seen it.

BERNARD: That was a surprise.

O'BRIEN: Nicole Kidman, "Birth." Imelda Staunton -- I don't know who that is -- "Vera Drake."

TOURE: A great old actress.

O'BRIEN: I'm just saying, I don't know who she is. I said that with respect and deference. But I don't know who she is. Uma Thurman, "Kill Bill, Volume Two." The truth is, is you're right, B.J. In that list, it's like, I don't know.

SIGESMUND: These are either barely -- two of them are barely seen and two of them have not yet to come out.

TOURE: Why do we have to see them? Uma Thurman, hello! She's made two movies. She was incredible. She's killed Bill. Conversation over.

BERNARD: Well, I don't know. I really think that it's interesting that Hilary Swank got another nod, because since she actually won for -- what was that movie again?

SIGESMUND: "Boys Don't Cry."

BERNARD: "Boys Don't Cry" for the supporting actress role.

O'BRIEN: Right. BERNARD: She's been gone for years.

SIGESMUND: I've got to tell you, this one...

BERNARD: This is her comeback.

SIGESMUND: This one is all about Imelda Staunton for "Vera Drake," the one that you hadn't heard of, Soledad. That's the one that's going to win.

TOURE: You will know her now.

SIGESMUND: I'm telling you, you will know her. You will know her.

O'BRIEN: Imelda, am I bad? I'm sorry. I'm going to run out and see this movie right away. And then, of course, all of the "Desperate Housewives." We don't have time to talk about it, though. But you know what?

SIGESMUND: No, but it's the biggest stories.

BERNARD: One of them is missing.

TOURE: They'll all lose.

BERNARD: Yes, one of them is missing.

TOURE: Sarah Jessica Parker. No, Sarah Jessica Parker, she's crying, she's bemoaning.

(CROSSTALK)

O'BRIEN: Did you all not hear what I said? We don't have time to talk about this, but we're going to just...

BERNARD: We don't understand what that means.

TOURE: We're going to do it anyway.

O'BRIEN: I'm talking in sign language. No time to talk about it.

TOURE: We still have (UNINTELLIGIBLE).

O'BRIEN: You guys, as always, thank you.

Let's head it back to Bill in Tokyo -- Bill.

HEMMER: "Sideways." "Sideways." "Sideways." Hey, Soledad, thanks. I was just thinking "Sideways" for a moment.

A big merger is moving the markets. Andy will have the news on that in a moment. I'll have more from Tokyo as we continue in a moment here live in Japan on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody.

A little merger mania to talk about, a $10 billion deal. Plus, a hybrid car merger between two auto giants. Andy Serwer is also trying to clear up the big TiVo question. He is "Minding Your Business."

That's all. I've done half of your segment for you.

ANDY SERWER, "FORTUNE" MAGAZINE: Yes, well, I'm done, because I have balls in the air here. I've got TiVos, I've got cars, I've got mergers.

O'BRIEN: What do you want to start with?

SERWER: Let's start with the stock market first of all. And it's heading higher this morning here, 44 points up on the Dow. Nasdaq up higher.

That big merger that Soledad is referring to is Oracle and PeopleSoft. Finally, 18 months, five attempts by Oracle to take over this little software company, and they did. Both of those stocks -- Oracle and PeopleSoft -- are moving higher, a $10 billion deal there.

The Nextel/Sprint deal that we've been talking about for a couple of days has not happened yet. It should happen pretty soon, according to "The Wall Street Journal." A $35 billion deal. These are the kinds of things that make the market go higher.

Also a report about retail sales in November looking pretty good. But as I say about these retail sales number this time of year, tomorrow there will be another one that says they're not so good. It's just you get conflicting data...

O'BRIEN: You've got to wait.

SERWER: ... as we get towards Christmas.

This is an interesting car story here. Of course, hybrids are the hottest thing out there. Toyota with their Prius. There we go. This thins is -- you've got to wait a year to get one of these in some places. But now GM and Chrysler are teaming up. You don't see that very often, two of those big car companies getting together to make hybrid engines to compete against Toyota.

So, you know, when you've got a big enemy out there, sometimes -- you know how that friend and the enemy...

O'BRIEN: (UNINTELLIGIBLE).

SERWER: Yes, that whole thing works?

And finally TiVo is fighting, you know, this trademark loss issue. You know, you're not supposed to say, according to the company, "I'm going to TiVo that program." Actually, they're starting to send letters out to news organizations telling them that you cannot and shall not and shall cease and desist from using that, because we don't want to go the way of the Kleenex and the rollerblade...

O'BRIEN: Can they do that?

SERWER: They can try. But, you know, aspirin used to be a trademark word, and they lost it. And Kleenex and Xerox have been fighting this for years.

O'BRIEN: You can't (UNINTELLIGIBLE).

JACK CAFFERTY, CNN ANCHOR: You mean if we talk about the people who TiVo AMERICAN MORNING, we're not allowed to say that they TiVo AMERICAN MORNING?

SERWER: We're supposed to say they use their digital video recorders.

O'BRIEN: Oh, please.

SERWER: Which may or may not be a TiVo brand.

CAFFERTY: But the fact of the matter is a lot of people TiVo AMERICAN MORNING.

SERWER: I think this is good for the TiVo company...

CAFFERTY: Yes.

SERWER: ... when you keep saying this. So what the heck are they complaining about?

CAFFERTY: They TiVo "Desperate Housewives?

O'BRIEN: Exactly.

SERWER: TiVo this.

CAFFERTY: Did you ever TiVo a desperate housewife?

O'BRIEN: OK.

SERWER: Wow!

O'BRIEN: I think he's done.

CAFFERTY: Well, how.

SERWER: A little erotic for this time of day, Jack, wouldn't you say?

O'BRIEN: Moving on, shall we?

SERWER: Yes.

O'BRIEN: Andy, thank you, except for the last couple of words there.

SERWER: Let's move on. You're welcome.

CAFFERTY: I'm sorry. I didn't mean to ruin your segment there.

SERWER: You ruined my day, Jack. You did really good.

CAFFERTY: The "Question of the Day," a more serious topic: Should part-time soldiers be put on the front lines in Iraq? "USA Today" did a piece that showed that on a percentage basis, more of the National Guard troops are getting killed over there than the full-time regular military.

Wanda in Lafayette, Louisiana, writes: "Excuse me, but the National Guard is supposed to be the National Guard. I want those guys and gals here in the United States guarding the ports, watching the borders, et cetera, protecting me here at home."

Rick in Pennsylvania: "The sad fact is National Guard troops will be used as regular army. We simply don't have enough troops otherwise. It's Rumsfeld's job to find out why they are 35 percent more likely to be killed and correct it."

And Chris in Green Leaf, Kansas: "The Guard should be used to fill in, in this country, when the professional full-time military is sent to a war. They were never intended to be a back-door draft."

So, thank you for your responses.

SERWER: And, you know...

O'BRIEN: Very good.

CAFFERTY: Yes.

SERWER: I wonder what people's expectations were when they joined the National Guard. Did they just look at it as a way to get more income and to get out of the house even or serve their country? And all of a sudden, some of these people find themselves in Iraq. Obviously they never anticipated that.

CAFFERTY: Well, probably it applies to some of the full-time military as well.

O'BRIEN: Right.

CAFFERTY: It's an all-volunteer army.

SERWER: Right.

CAFFERTY: And I'm sure there are members serving in Iraq that never dreamed in a million years they'd wind up in a national combat situation, you know, that they joined the volunteer army as a career move...

SERWER: Right.

CAFFERTY: ... or perhaps to further their education, whatever the reason, but certainly not to go off to war and get shot and wounded or killed.

SERWER: It's a commitment you make then.

O'BRIEN: Yes it is. All right, you guys, thanks.

Let's go back to Tokyo and Bill Hemmer -- Bill.

HEMMER: Soledad, thanks.

In a moment on "LIVE TODAY," next hour with Daryn and Rick, there may be an announcement very soon about a health and human services secretary. They will have it for you next hour. We are back in a moment live here in Tokyo after this.

(COMMERCIAL BREAK)

HEMMER: Before we say good-bye, I want to thank a lot of folks who have been hanging out here for a lot of hours throughout the night. And it's chilly, too, huh? Temperatures are in the low 30s. Where is everybody from?

UNIDENTIFIED MALE: Tennessee.

HEMMER: Tennessee.

UNIDENTIFIED MALE: California.

HEMMER: California.

UNIDENTIFIED FEMALE: Kentucky.

HEMMER: Where are you from?

UNIDENTIFIED FEMALE: Kentucky.

HEMMER: Kentucky. How about you? Where are you from?

UNIDENTIFIED FEMALE: Tokyo.

HEMMER: Imagine that. You're from Japan.

UNIDENTIFIED FEMALE: Yes.

HEMMER: Thanks for coming out. We'll see you again tomorrow, OK?

UNIDENTIFIED FEMALE: See you tomorrow.

The U.S. ambassador, Howard Baker, among our many guests tomorrow live in Japan. Our coverage continues then. But until then, let's get back to Soledad in New York City.

Soledad -- have a great day. We'll see you again tomorrow live in Japan.

O'BRIEN: You got it, Bill. We'll see you then. Daryn Kagan and Rick Sanchez are over at the CNN center. They are going to take you through the next few hours on "CNN LIVE TODAY."

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.


Aired December 13, 2004 - 09:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Welcome back, everybody. A beautiful look at Central Park this morning. It is just about half past the hour on this AMERICAN MORNING.
We heard reports over the weekend that police had found fingerprints, both of Michael Jackson and of his accuser, on some pornographic magazines that were seized at the Neverland Ranch. But while that might sound bad for the superstar, is it any evidence of molestation? This morning we talk with Jeff Toobin about the legal significance of that find.

Also this morning, Jamie Foxx is having a huge day. He received Golden Globe nominations in three different acting categories when the nominees were announced just about an hour ago. "90-Second Pop" is just ahead. We're going to take a look at some of the early favorites to win and maybe some of the surprises as well.

We're going to get back to Bill in Tokyo in just a moment. But first, let's get another check of the headlines with Kelly.

good morning again.

KELLY WALLACE, CNN ANCHOR: Good morning again, Soledad. And good morning, everyone.

"Now in the News."

The search is back on today for a new secretary of homeland security. That hunt is resuming after former New York City Police Commissioner Bernard Kerik withdrew his nomination over questions about the immigration status of a former nanny. The development now has both Republicans and Democrats asking tough questions about the White House vetting process that is used to select high-level nominees.

In Iraq now, at least eight people killed in a suicide car bombing today. It happened just outside Baghdad's Green Zone, where Iraq's interim government and foreign embassies are located. That suicide bombing coming just a day after seven American Marines were killed in separate attacks in Iraq's Al Anbar Province west of Baghdad. The U.S. military says the fighting was the deadliest for American forces since an attack in Falluja on October 30.

The world's major oil-producing countries are taking steps today to explain their plan to reduce oil output. The head of OPEC is predicting global demand for oil will decline by a million barrels per day in the second quarter of next year. That forecast coming just days after OPEC ministers agreed to cut back crude oil production to stop the global decline in prices.

And NASA Administrator Sean O'Keefe is expected to announce his resignation a little later today. Sources at NASA are telling CNN, O'Keefe is leaving to take a job as chancellor of Louisiana State University. No word yet on when O'Keefe will leave the space agency or who will replace him.

That gets you caught up with a quick of the headlines. Now back to Soledad.

O'BRIEN: All right, Kelly, thanks a lot.

The jury deciding whether Scott Peterson lives or dies will resume its deliberation this morning. Peterson was convicted of murdering his wife, Laci, and their unborn child.

Senior legal analyst Jeff Toobin joins us to talk about the case. Also, we're going to throw in a little question about Michael Jackson as well.

But let's start with Scott Peterson. Were you surprised that Friday they were not able to come to any kind of recommendation?

JEFFERY TOOBIN, CNN SENIOR LEGAL ANALYST: I was surprised. This was a jury that took less than a full day of deliberations to reach a guilt decision. The penalty phase is almost always shorter. And you had a Friday. Juries like to...

O'BRIEN: Motivating.

TOOBIN: ... finish up their work on Friday so they're not sequestered over the weekend, all of which suggests that there's some real division on the jury on this question.

O'BRIEN: Suggesting good news then for Scott Peterson.

TOOBIN: Actually not, I'd say.

O'BRIEN: Really. Why?

TOOBIN: I would say not, because, you know, this case, if you are going to have a quick decision, it would seem to me you would -- most people think this is a life case rather than a death case -- life without parole. Here, you have a situation where they didn't come quickly to a life without parole decision. So it means that some jurors want death and are fighting for it. So...

O'BRIEN: But doesn't it have to be unanimous? I mean, they all have to agree. So that's got to be a tough call to sway whatever extra number of people who do not agree to do something that maybe they find morally reprehensible.

TOOBIN: Absolutely. I mean, these are difficult decisions, but they tend not to be decisions jurors talk about for a long time. California also has a very peculiar aspect of the law, which is that if the jury can't reach a decision in the penalty phase, the prosecution has the option of retrying the penalty phase with a new jury. In other words, basically retrying the whole case.

O'BRIEN: How would that work? They'd have to go back and start screening prospective jurors again?

TOOBIN: The whole thing. Change of venue motions. Now, what often happens is prosecutors consult with the victim's family and say, look, we're not going to do this. We'll just accept a life without parole sentence. And I probably bet that's what would happen here, but they do have the option. And it's something to keep in mind.

O'BRIEN: Before we run out of time, let's talk about the Michael Jackson molestation case. A source that's familiar with the case told CNN that fingerprints that belong to Michael Jackson, also fingerprints belonging to his accuser, were found on a pornographic magazine that was seized last year from Neverland Ranch. What potentially is the evidentiary significance of this?

TOOBIN: You know, like a lot of things involving Michael Jackson...

O'BRIEN: It sounds salacious.

TOOBIN: ... this is creepy.

O'BRIEN: Right.

TOOBIN: But it's not necessarily proof of any guilt. Fingerprints don't have to be put on at the same time. It could be that the accuser looked at this months after Michael Jackson looked at it. Apparently, the accuser was at the ranch when Michael Jackson wasn't even there, so that...

O'BRIEN: So then no real value.

TOOBIN: Well, I don't know about no real value, but unless there can be other testimony saying that they looked at this magazine together at the same time, I think its significance is somewhat limited.

O'BRIEN: All right, two cases that keep going on, don't they?

TOOBIN: All right.

O'BRIEN: Jeff Toobin, as always, thank you.

A look at the weather now for the day ahead.

(WEATHER REPORT)

O'BRIEN: It's time to send it back to Bill Hemmer in Tokyo this morning -- Bill.

HEMMER: All right, Soledad. Thanks again.

For the past 20 years, travel has been a bit more of a hobby for me. Travel in many ways is kind of in my life. About 12 years ago, I took this camera, this small camera here, and captured enough memories for a couple of lifetimes. And a lot of those memories are now coming back today.

(BEGIN VIDEOTAPE)

HEMMER (voice over): For my money, travel is the school of life. There is no better way to learn about this planet, its fascinating people, and how it all seems to work around here.

More than 10 years ago, I quit my job, loaded up a backpack and wandered for nearly 12 months to see and to learn a whole lot more about us -- all six billion of us.

(on camera): The Chinese call it Chang Cheng, or the Great Wall.

(voice over): I spent a lot of time in some hard-to-reach places. The clinics in Calcutta run by Mother Teresa. A very long bungee jump in New Zealand.

(on camera): If you want to see just how much change is taking place...

(voice over): Watching small businesses take root in Vietnam. A mud massage along the Dead Sea. I remember telling my family and friends, this is not a vacation; this is an education. And was it ever.

Maybe the one solid truth is this: No matter where you go, we're all trying to make our lives and the lives of those closest to us better than they are today.

In the past few years, my travel has been for work. But the deserts in Afghanistan or the dusty and deadly streets of Baghdad offered the same level of intrigue. And so, more than 50 countries later, the ancient culture of Japan is on the list for this first-time visitor. And I, for one, can't wait to explore and learn again.

(END VIDEOTAPE)

And now we have the perfect opportunity to make new memories starting now here in Japan. We'll be here throughout the week.

Back to you now, Soledad, in New York.

O'BRIEN: All right, Bill, thanks.

More than 28 million Americans are migraine sufferers. And new research suggests that they run twice the risk of having a stroke.

Dr. Sanjay Gupta joins us from the CNN center with details on the study.

Hey, Sanjay, good morning again.

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Good morning, Soledad. It's really interesting. For a long time now, researchers have believed, hypothesized, that there is a link between those who have migraine headaches and a higher incidence of strokes. They tried to look into this now, and they're actually compiled 14 different studies to try and definitively prove the links. Their findings were published in the "British Medical Journal."

What they found was very interesting. People who have migraine headaches are going to have two times a greater risk for stroke. I'll talk about why in a second.

What I found even more startling was that there was an up to eight times greater risk for those who were also taking birth control pills. That is, women who both take birth control pills and have migraine headaches.

A couple of reasons why, Soledad. A lot of people are hypothesizing again on this. Migraine headaches are associated with decreased blood flow to the brain for short periods of time. That could increase your risk for stroke for obvious reasons.

The birth control pill is sort of interesting. Birth control pills have been known to actually increase your incidence of clotting. So, if you combine the clotting risk with the decreased blood flow risk, that could increase the risk for stroke.

The bottom line is this, Soledad: Doctors may have to take a look at these new studies and figure out whether they need to treat women who are on birth control pills and have migraines, treat them a little bit differently -- Soledad.

O'BRIEN: So, if they're able to prevent the migraine, does that lower your risk? Or are those sort of independent factors?

GUPTA: You know, it's really interesting. That's a good question, Soledad because, here's the thing. It is not known whether the fact that someone who is just predisposed to migraines, likely to have migraines, is at an increased risk of stroke, or whether you actually have to have the migraine to increase your risk of stroke. An interesting point that scientists are trying to stumble upon here.

But they do agree upon this, that it is probably better to not have migraines in the first place. There are several ways to try and decrease your risk. Triggers, if you will. I have migraine headaches, so I'm familiar with these. But lack of sleep. Stress. Food or beverage choices such as chocolate or red wine, for example. Menstruation. Dehydration as well can do it. Soledad, even the weather can affect things.

So, trying to control those risk factors either with or without medications is going to be key, at least for now -- Soledad.

O'BRIEN: An interesting study. And, of course, probably much more work done on it. Sanjay Gupta for us this morning. Sanjay, thanks.

GUPTA: Thank you.

O'BRIEN: Still to come this morning, it is merger Monday. There's at least one billion-dollar deal out there. Andy Serwer is watching which companies might be put on the block today.

Plus, our "90-Second Pop" team has had an hour to work their sources. We're going to find out what they know about this morning's Golden Globe nominees. That's ahead as AMERICAN MORNING continues.

(COMMERCIAL BREAK)

O'BRIEN: Oh, now it's "90-Second Pop. Award season is now officially under way. With us to discuss this morning's nominations for the Golden Globes, B.J. Sigesmund, staff editor for "US Weekly."

Hello.

B.J. SIGESMUND, STAFF EDITOR, "US WEEKLY": Hello.

O'BRIEN: Sarah Bernard, a contributing editor for "New York" magazine.

Good morning.

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

O'BRIEN: Toure, CNN's pop culture correspondent.

Hi.

TOURE, CNN POP CULTURE CORRESPONDENT: Don't adjust your set. I have a tan.

O'BRIEN: I know. I was going to say, someone got a little darker over the weekend. But I'm not going to bring it up.

How are you guys? Let's get right to it, because there's actually a lot to talk about.

Best motion picture drama, let me read the nominees. "The Aviator," "Closer," "Finding Neverland," "Hotel Rwanda," "Kinsey," "Million Dollar Baby." What do you like best and why?

BERNARD: I think it's going to be "Aviator." This is Miramax's swan song. This is seriously going to be the last movie that Harvey Weinstein gets behind under the Miramax name. It's going to be his last chance to win an Oscar, and he is going to put everything behind it.

O'BRIEN: Is it a good movie?

SIGESMUND: I agree. I've seen the movie...

O'BRIEN: Hello.

BERNARD: I don't think that matters.

SIGESMUND: I've seen the movie, and I think it's good, but not great. And I think the reviews will basically echo that. But I do agree with Sarah that probably "The Aviator" will take this category.

TOURE: I don't know. I mean, this is tight for me. I mean, I haven't seen "Million Dollar Baby." None of us who aren't in Hollywood have. I mean, "Closer" is fantastic. "Hotel Rwanda" just...

O'BRIEN: That's terrific.

TOURE: ... grabs you in. So I don't know where this is going to go.

O'BRIEN: All right. We're going to say that category is wide open. Move on.

SIGESMUND: OK.

O'BRIEN: Let's talk about the best actor in a drama. Here are the nominees. Javier Bardem -- oh, I love him -- for "The Sea Inside." Don Cheadle for "Hotel Rwanda." Johnny Depp, "Finding Neverland." Leonardo DiCaprio, "The Aviator." Liam Neeson for "Kinsey." Who do you pick, B.J., as walking away with this?

SIGESMUND: This is actually, I think, a three-way race at this point, I would say. It could be Leo. It could be Johnny Depp. And it could be Liam Neeson. You know, I don't really -- I was looking at it and looking at it hard, talking to my sources. And, you know, I mean, the energy was all on Liam Neeson earlier this year. But Leo DiCaprio is one of the best things about "The Aviator." And everyone loves Johnny Depp, and he keeps almost winning.

BERNARD: See, I think it's going to be Johnny Depp for that reason, because they wanted to give him...

TOURE: Oh, please! That movie was such a snore! You can't...

BERNARD: It doesn't matter. They give it to him for all of his past movies.

TOURE: But what did he do?

BERNARD: Do you guys...

(CROSSTALK)

BERNARD: His pirate movie, that's another one I love him for.

O'BRIEN: When I said I loved Javier Bardem, hello!

SIGESMUND: Oh, sorry.

(CROSSTALK)

TOURE: Well, you haven't talked about Don Cheadle yet, either.

O'BRIEN: He's terrific. But, I mean, isn't "The Sea Inside" supposed to be terrific? And Javier Bardem is fantastic in it? And, you know...

SIGESMUND: Well, it hasn't even come out yet, so we can't really talk about all of the reviews yet.

O'BRIEN: Now moving on.

TOURE: Moving right along.

SIGESMUND: We've got to talk about that, though. But it is interesting that all of these nominations are out. There's one category coming up where no one has seen really any of the movie, best actress in a drama.

O'BRIEN: In a drama. Well, thank you very much.

SIGESMUND: We've barely seen them.

O'BRIEN: Let's pick it up there.

TOURE: Segue.

O'BRIEN: I'm always looking for a good segue. Scarlett Johansson, "A Love Song For Bobby Long." Haven't seen it.

BERNARD: That was a surprise.

O'BRIEN: Nicole Kidman, "Birth." Imelda Staunton -- I don't know who that is -- "Vera Drake."

TOURE: A great old actress.

O'BRIEN: I'm just saying, I don't know who she is. I said that with respect and deference. But I don't know who she is. Uma Thurman, "Kill Bill, Volume Two." The truth is, is you're right, B.J. In that list, it's like, I don't know.

SIGESMUND: These are either barely -- two of them are barely seen and two of them have not yet to come out.

TOURE: Why do we have to see them? Uma Thurman, hello! She's made two movies. She was incredible. She's killed Bill. Conversation over.

BERNARD: Well, I don't know. I really think that it's interesting that Hilary Swank got another nod, because since she actually won for -- what was that movie again?

SIGESMUND: "Boys Don't Cry."

BERNARD: "Boys Don't Cry" for the supporting actress role.

O'BRIEN: Right. BERNARD: She's been gone for years.

SIGESMUND: I've got to tell you, this one...

BERNARD: This is her comeback.

SIGESMUND: This one is all about Imelda Staunton for "Vera Drake," the one that you hadn't heard of, Soledad. That's the one that's going to win.

TOURE: You will know her now.

SIGESMUND: I'm telling you, you will know her. You will know her.

O'BRIEN: Imelda, am I bad? I'm sorry. I'm going to run out and see this movie right away. And then, of course, all of the "Desperate Housewives." We don't have time to talk about it, though. But you know what?

SIGESMUND: No, but it's the biggest stories.

BERNARD: One of them is missing.

TOURE: They'll all lose.

BERNARD: Yes, one of them is missing.

TOURE: Sarah Jessica Parker. No, Sarah Jessica Parker, she's crying, she's bemoaning.

(CROSSTALK)

O'BRIEN: Did you all not hear what I said? We don't have time to talk about this, but we're going to just...

BERNARD: We don't understand what that means.

TOURE: We're going to do it anyway.

O'BRIEN: I'm talking in sign language. No time to talk about it.

TOURE: We still have (UNINTELLIGIBLE).

O'BRIEN: You guys, as always, thank you.

Let's head it back to Bill in Tokyo -- Bill.

HEMMER: "Sideways." "Sideways." "Sideways." Hey, Soledad, thanks. I was just thinking "Sideways" for a moment.

A big merger is moving the markets. Andy will have the news on that in a moment. I'll have more from Tokyo as we continue in a moment here live in Japan on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody.

A little merger mania to talk about, a $10 billion deal. Plus, a hybrid car merger between two auto giants. Andy Serwer is also trying to clear up the big TiVo question. He is "Minding Your Business."

That's all. I've done half of your segment for you.

ANDY SERWER, "FORTUNE" MAGAZINE: Yes, well, I'm done, because I have balls in the air here. I've got TiVos, I've got cars, I've got mergers.

O'BRIEN: What do you want to start with?

SERWER: Let's start with the stock market first of all. And it's heading higher this morning here, 44 points up on the Dow. Nasdaq up higher.

That big merger that Soledad is referring to is Oracle and PeopleSoft. Finally, 18 months, five attempts by Oracle to take over this little software company, and they did. Both of those stocks -- Oracle and PeopleSoft -- are moving higher, a $10 billion deal there.

The Nextel/Sprint deal that we've been talking about for a couple of days has not happened yet. It should happen pretty soon, according to "The Wall Street Journal." A $35 billion deal. These are the kinds of things that make the market go higher.

Also a report about retail sales in November looking pretty good. But as I say about these retail sales number this time of year, tomorrow there will be another one that says they're not so good. It's just you get conflicting data...

O'BRIEN: You've got to wait.

SERWER: ... as we get towards Christmas.

This is an interesting car story here. Of course, hybrids are the hottest thing out there. Toyota with their Prius. There we go. This thins is -- you've got to wait a year to get one of these in some places. But now GM and Chrysler are teaming up. You don't see that very often, two of those big car companies getting together to make hybrid engines to compete against Toyota.

So, you know, when you've got a big enemy out there, sometimes -- you know how that friend and the enemy...

O'BRIEN: (UNINTELLIGIBLE).

SERWER: Yes, that whole thing works?

And finally TiVo is fighting, you know, this trademark loss issue. You know, you're not supposed to say, according to the company, "I'm going to TiVo that program." Actually, they're starting to send letters out to news organizations telling them that you cannot and shall not and shall cease and desist from using that, because we don't want to go the way of the Kleenex and the rollerblade...

O'BRIEN: Can they do that?

SERWER: They can try. But, you know, aspirin used to be a trademark word, and they lost it. And Kleenex and Xerox have been fighting this for years.

O'BRIEN: You can't (UNINTELLIGIBLE).

JACK CAFFERTY, CNN ANCHOR: You mean if we talk about the people who TiVo AMERICAN MORNING, we're not allowed to say that they TiVo AMERICAN MORNING?

SERWER: We're supposed to say they use their digital video recorders.

O'BRIEN: Oh, please.

SERWER: Which may or may not be a TiVo brand.

CAFFERTY: But the fact of the matter is a lot of people TiVo AMERICAN MORNING.

SERWER: I think this is good for the TiVo company...

CAFFERTY: Yes.

SERWER: ... when you keep saying this. So what the heck are they complaining about?

CAFFERTY: They TiVo "Desperate Housewives?

O'BRIEN: Exactly.

SERWER: TiVo this.

CAFFERTY: Did you ever TiVo a desperate housewife?

O'BRIEN: OK.

SERWER: Wow!

O'BRIEN: I think he's done.

CAFFERTY: Well, how.

SERWER: A little erotic for this time of day, Jack, wouldn't you say?

O'BRIEN: Moving on, shall we?

SERWER: Yes.

O'BRIEN: Andy, thank you, except for the last couple of words there.

SERWER: Let's move on. You're welcome.

CAFFERTY: I'm sorry. I didn't mean to ruin your segment there.

SERWER: You ruined my day, Jack. You did really good.

CAFFERTY: The "Question of the Day," a more serious topic: Should part-time soldiers be put on the front lines in Iraq? "USA Today" did a piece that showed that on a percentage basis, more of the National Guard troops are getting killed over there than the full-time regular military.

Wanda in Lafayette, Louisiana, writes: "Excuse me, but the National Guard is supposed to be the National Guard. I want those guys and gals here in the United States guarding the ports, watching the borders, et cetera, protecting me here at home."

Rick in Pennsylvania: "The sad fact is National Guard troops will be used as regular army. We simply don't have enough troops otherwise. It's Rumsfeld's job to find out why they are 35 percent more likely to be killed and correct it."

And Chris in Green Leaf, Kansas: "The Guard should be used to fill in, in this country, when the professional full-time military is sent to a war. They were never intended to be a back-door draft."

So, thank you for your responses.

SERWER: And, you know...

O'BRIEN: Very good.

CAFFERTY: Yes.

SERWER: I wonder what people's expectations were when they joined the National Guard. Did they just look at it as a way to get more income and to get out of the house even or serve their country? And all of a sudden, some of these people find themselves in Iraq. Obviously they never anticipated that.

CAFFERTY: Well, probably it applies to some of the full-time military as well.

O'BRIEN: Right.

CAFFERTY: It's an all-volunteer army.

SERWER: Right.

CAFFERTY: And I'm sure there are members serving in Iraq that never dreamed in a million years they'd wind up in a national combat situation, you know, that they joined the volunteer army as a career move...

SERWER: Right.

CAFFERTY: ... or perhaps to further their education, whatever the reason, but certainly not to go off to war and get shot and wounded or killed.

SERWER: It's a commitment you make then.

O'BRIEN: Yes it is. All right, you guys, thanks.

Let's go back to Tokyo and Bill Hemmer -- Bill.

HEMMER: Soledad, thanks.

In a moment on "LIVE TODAY," next hour with Daryn and Rick, there may be an announcement very soon about a health and human services secretary. They will have it for you next hour. We are back in a moment live here in Tokyo after this.

(COMMERCIAL BREAK)

HEMMER: Before we say good-bye, I want to thank a lot of folks who have been hanging out here for a lot of hours throughout the night. And it's chilly, too, huh? Temperatures are in the low 30s. Where is everybody from?

UNIDENTIFIED MALE: Tennessee.

HEMMER: Tennessee.

UNIDENTIFIED MALE: California.

HEMMER: California.

UNIDENTIFIED FEMALE: Kentucky.

HEMMER: Where are you from?

UNIDENTIFIED FEMALE: Kentucky.

HEMMER: Kentucky. How about you? Where are you from?

UNIDENTIFIED FEMALE: Tokyo.

HEMMER: Imagine that. You're from Japan.

UNIDENTIFIED FEMALE: Yes.

HEMMER: Thanks for coming out. We'll see you again tomorrow, OK?

UNIDENTIFIED FEMALE: See you tomorrow.

The U.S. ambassador, Howard Baker, among our many guests tomorrow live in Japan. Our coverage continues then. But until then, let's get back to Soledad in New York City.

Soledad -- have a great day. We'll see you again tomorrow live in Japan.

O'BRIEN: You got it, Bill. We'll see you then. Daryn Kagan and Rick Sanchez are over at the CNN center. They are going to take you through the next few hours on "CNN LIVE TODAY."

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.