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Michael Jackson Back in Court Today; Do Authorities Have New Lead Today on Evidence in BTK Killings?
Aired March 02, 2005 - 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.
BILL HEMMER, CNN ANCHOR: Michael Jackson back in court today with a former media manager on the stand. Hints now the star witness may be Jackson himself.
Dennis Rader charged with 10 BTK murders. Do authorities have a new lead today on evidence in those killings?
And a cloud of danger over the trial of Saddam Hussein. One of the judges getting ready for his case is gunned down. Searching for justice, on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING, with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome, everybody.
Some new questions this morning about the case against Dennis Rader, the man suspected of being the BTK killer, some questions about the evidence, also whether the trial should be moved to another town. This morning, we talk to the lead prosecutor about the case.
HEMMER: Also, in a moment here, if you saw this last night, there are no cameras in the courtroom for Michael Jackson's case, we know that. That does not mean you can't watch it on TV. Look at this. Actors in primetime on a cable network. We'll talk about what these guys are doing in about -- "90-Second Pop" coming up here.
Did you see that last night, by the way?
You have to really like this case to enjoy that program.
JACK CAFFERTY, CNN ANCHOR: I missed it.
O'BRIEN: The guy who's playing Mesereau looks, I think, a lot like Mesereau. The guy playing Jackson, not so much.
HEMMER: Takes them 45 minutes to get made up.
CAFFERTY: I plan to miss it again tonight and for the duration of the trial.
The 11th commandment may soon be you can't display the Ten Commandments on any government building or space. The Supreme Court of the United States is going to take up this weighty matter. We'll look at it in a few minutes. I personally think it's much ado about very little. But the Supremes think it matters a lot, so it will matter to us.
HEMMER: Thanks, Jack.
Here's Carol Costello now with the headlines across town.
Carol, good morning to you.
CAROL COSTELLO, CNN ANCHOR: Good morning, Bill. Good morning to all of you.
Now in the news, a pair of suicide attacks against Iraqi security forces this morning. The first car bomb went off in central Baghdad, near an army recruiting center. Iraqi police said a firefight followed the explosion. Two hours later, another blast goes off in southern Baghdad, targeting an Iraqi military convoy. At least 13 killed in the attacks, 30 others wounded.
A Bush administration official says the U.S. has proof terrorists based in Syria are to blame for a deadly suicide attack in Israel. Secretary of state Condoleezza Rice was addressing that information yesterday during an international conference in London. She accused Syria of being, quote, "out of step" in the Middle East. U.S. intelligence suggests there is firm evidence that Palestinian militants in Damascus were actively involved in the planning of that attack in Israel. Last week's bombing at a nightclub in Tel Aviv killed at least five people.
Today in Florida, a joint effort to help on the search for missing 9-year-old Jessica Lunsford. The U.S. Postal Service and the National Center for Missing and Exploited Children are planning to deliver 42,000 flyers in the Citrus County area. They're hoping to get clues about Jessica's disappearance. Rescue teams back out this morning, retracing their steps with the help of search dogs. Authorities have been following more than 1,000 leads in recent days, but still absolutely no trace of the young girl.
And Federal Reserve chair Alan Greenspan is on Capitol Hill this morning. Greenspan is giving lawmakers an update on his view of the economy. Analysts will listen for any comments about interest rates. He's also expected to talk about the budget deficit and Social Security when he goes before the House Budget Committee in about three hours.
Back to you, Soledad.
O'BRIEN: All right, Carol, thanks.
Now to the people versus Michael Jackson. Prosecutors will present more testimony this morning in the child-molestation trial. In court yesterday, jurors saw a controversial documentary and heard the defense suggest that Jackson himself might testify.
CNN's Miguel Marquez live at the courthouse in Santa Maria, California, this morning.
Hey, Miguel, good morning. MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning to you, Soledad.
It was a fairly emotional day. Usually Mr. Jackson comes and goes from the courthouse here in Santa Maria with only a wave to the fans. Yesterday, after the showing of the documentary, "Living With Michael Jackson," when a reporter asked him how he was feeling, he had a one-word answer.
(BEGIN VIDEOTAPE)
QUESTION: How are you feeling today?
MICHAEL JACKSON, ENTERTAINER: Angry.
MARQUEZ (voice-over): An angry Michael Jackson left the courtroom after he sat threw a viewing of the documentary, "Living With Michael Jackson." Its producer, Martin Bashir, was also in the room.
(BEGIN VIDEO CLIP)
MARTIN BASHIR, PRODUCER, "LIVING WITH MICHAEL JACKSON": We began a journey together, across continents, through his past, and rapidly into the disturbing reality of his life today.
(END VIDEO CLIP)
MARQUEZ: The program originally aired on Britain's ITV on February 3th, 2003. The prosecution says the molestation and conspiracy to cover it up happened after it hit the air.
Jackson and his defense deny the molestation or conspiracy ever happened, and say Bashir was really out to get Michael Jackson.
(BEGIN VIDEO CLIP)
BASHIR: The world needs a man who is 44 sleeping in a bed with children?
JACKSON: No, no, you're making it all wrong.
(END VIDEO CLIP)
MARQUEZ: On cross-examination, Jackson's defense asked question after question about whether Bashir misrepresented himself to obtain the interview. Bashir refused to answer, citing California's reporter shield law and the First Amendment.
MICHAEL CARDOZA, LEGAL ANALYST: I'm sure the jury walked out with some questions about Bashir's motives.
MARQUEZ: During the portion of the documentary where Jackson holds his baby out an open window, the pop star began to cry.
CARDOZA: He reached for tissue paper, dabbed his eyes, dabbed his nose a number of times. That went on for about 10 minutes. So he had very much of an emotional reaction to that.
MARQUEZ: But Jackson also seemed to enjoy other parts of the documentary, particularly when his own music was playing.
STEVE CORBETT, "SANTA MARIA TIMES": "Thriller," he moved, he nodded, he bopped. "Billy Jean," he moved, he nodded, he seemed enthralled.
(END VIDEOTAPE)
MARQUEZ: One of the most emotional days in court so far. She took the stand yesterday. She'll finish up today, a woman by the name of Ann Marie Kite. She's a P.R. person who was hired by the Jackson camp to do crisis management after that documentary aired, and she will testify for the prosecution about the crisis and the reaction that the Jackson camp had once that documentary aired -- Soledad.
O'BRIEN: Miguel, we kept hearing from the defense attorney, Mesereau, that Michael Jackson will tell you, Michael Jackson will tell you. It made people think Michael Jackson will get on the stand and tell you something. Is that the sense, that he'll testify in the trail trial?
MARQUEZ: If you take the two days altogether of opening statements, that certainly seems to suggest that, because during his first day, when he was on opening statements, he kept saying that opening statements are a contract between me and the jury, that if I don't fulfill what I'm going to say up here, then you can't believe me at the end, and then he used that phraseology throughout -- you will hear Mr. Jackson, Mr. Jackson will tell you, Michael Jackson will tell you, throughout the entire time. So it leads one to believe he may testify, but legal experts say that may not happen, that they may have Mr. Jackson testify through other testimony, through video that we saw yesterday, for instance, or through other witness -- Soledad.
O'BRIEN: Still an open question.
Miguel Marquez in Santa Maria, California for us this morning. Miguel, thanks -- Bill.
HEMMER: New evidence in the BTK killer case now has police with metal detectors searching roads in Park City, Kansas. That's north of Wichita. Park City is the hometown of the suspect, Dennis Rader. FBI agents also going over Rader's home yesterday. Police not giving many details of what they've learned since he was arrested. Rader appeared in court via closed circuit TV yesterday. Some say he was subdued on camera. He was charged with 10 counts of first-degree murder.
Nola Foulston is the D.A. for Sedgwick County. She will lead the BTK prosecution.
(BEGIN VIDEOTAPE)
HEMMER: These murders took place years ago. Is the evidence strong enough to get a conviction at this point, do you believe? NOLA FOULSTON, D.A., SEDGWICK CO., KANSAS: Well, I can't really discuss the quantitative amount of the evidence or the quality of the evidence, but I can tell you that prior to the charging of this particular case, my staff and I, along with law enforcement, review the case in what's called the felony review. At that time, the law- enforcement agencies present evidence, particular to each and every case, each and every one of the 10 homicides. I review the evidence, along with all of the information surrounding each and every case. And at that time, we make a determination whether or not there is a reasonable amount of evidence that passes any probable-cause standard and standard that meets the reasonable-doubt standard, and at that time make that determination on each case, and then at that time charges are filed.
HEMMER: You mentioned 10 cases. How likely is it that he'll be charged with more than 10 murders?
FOULSTON: Well, at this particular point in time, the amount of cases has been determined to be 10. In the event that there comes to our attention that there are more cases than that the complaint and information, that's the vehicle that we use to charge, could be amended. It could be amended anytime before the preliminary hearing, or after the preliminary hearing with the authority at of the court. But at this time, there's just 10.
HEMMER: OK, the reason I asked that, apparently there's a report from a sheriff in a nearby county, called Reno County, looking into unsolved murders in that county. Have you been contacted by others in the state?
FOULSTON: There have been a number of other cases that have been questioned, I mean, in the media, in Reno County, and other cases have been explored by our local law-enforcement task force, and in many of those instances, have not yet the analysis that we have put together. But we are continuing to look at any other cases and compare them and make any determination. But realistically, no.
HEMMER: You're the D.A. in Sedgwick County.
FOULSTON: I'm the D.A., yes.
HEMMER: How real is the possibility that this case could be moved out of Wichita?
FOULSTON: You know, Bill, I've been in this business for 28 years. We've not had a change of venue. Just a few years ago, I tried a very high profile case involving seven homicides. There was a motion for change of venue there. It's up to our community to be able to see if we can get 12 fair and impartial jurors in this case. That's the test, and I don't believe that it's unrealistic to be able to assume that we can do that in this case.
(END VIDEOTAPE)
HEMMER: Nola Foulston from earlier today. One of the crimes connected to the BTK killer is the death of Nancy Fox in 1977. Nola Foulston was an assistant D.A. then, a woman in her 20s who says she remembers all too well the feeling she had nearly 30 years ago.
(WEATHER REPORT)
HEMMER: We have mentioned that there are no cameras in the courtroom for Michael Jackson's trial. However, that is not stopping one TV network from allowing you to watch every night anyway. A closer look at what's happening here, in "90-Second Pop" this hour.
O'BRIEN: Also does Martha Stewart need an image makeover? One advertising exec tells us why prison may have been Stewart's best career move.
HEMMER: Also from Baghdad, should Saddam Hussein get a change of venue for his trial? A former U.N. prosecutor telling us today why it's unacceptable to go forward in Iraq.
All that's ahead, live in New York City here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: From Iraq now, suicide bombers continue to target Iraqi soldiers and army recruiting centers there. Thirteen were killed today, at least 30 others wounded in the latest attacks.
And Nic Robertson live in Baghdad to tell us if there's any claim of responsibility for the attacks we've seen so far today.
Nic, hello.
NIC ROBERTSON, CNN CORRESPONDENT: Hello, Bill.
Well, no claim of responsibility, but the modus operandi, if you will, very similar to many of the insurgent attacks here: a suicide bomber driving a vehicle full of explosives up to a gate of an army recruitment center, very close the middle of Baghdad, detonating those explosives at about 7:00 this morning. Six people were killed in that blast, 28 wounded, army recruits among the casualties.
But police do say that the casualties could have been far worse, but for the heavy concrete barriers in that area. And police now that last year in February, a blast in the same place killed 45, in June last year, killed 35. They believe that the security barriers did help prevent further casualties. Two
And about hours later, there was another blast, a suicide bomber drove his vehicle packed full of explosives into an Iraqi army convoy on the southern side of Baghdad. Seven people were killed in that explosion, and another two people wounded. The area was quickly sealed off, we're told, by not only U.S. troops, but also the Iraqi army -- Bill. HEMMER: Nic, there was the story that broke last night. One of the judges getting ready for the trial of Saddam Hussein was gunned down on the street outside of his home. The blame is fingered for the insurgents. How much of a blow could this be for the prosecution of Saddam Hussein?
ROBERTSON: Well, there are a number of judges, several dozen, who are in the collective pool of judges that could be in the -- Saddam Hussein's trial. Each of the trials in the Iraqi special tribunal will involve a panel of five judges, and it is possible he could be one of those five judges in Saddam Hussein's trial.
But those trials, or at least the precursor to the trials, began just 24 hours before he was killed. He was gunned down outside his house, along with his son, who is also a lawyer working on the Iraqi special tribunal.
The trial began on Monday, or the referral stage for Saddam Hussein's brother, Basan Al Tikriti (ph), and the former vice president of Iraq, Taha Yassin Ramadan (ph). They were being tried for crimes against humanity for their involvement in the brutal repression following an assassination attempt on Saddam Hussein in 1982.
So the very fact that the special tribunal had begun its work, and this judge, who is also a senior Kurdish politician, gunned down within 24 hours, is a real indication that the insurgents seem to be intent on targeting all those who are working to try the former -- Saddam Hussein's former regime -- Bill.
HEMMER: Nic Robertson from Baghdad. Thanks for that, Nic.
More with Soledad now.
O'BRIEN: And in fact with the murder of that judge and his lawyer's son, both with ties to Saddam Hussein's trial, some are questioning the future of the war crimes tribunals in Iraq. Richard Goldstone is a former prosecutor for the U.N.'s international war crimes tribunals in Rwanda and the former Yugoslavia. Justice Goldstone is a visiting professor at Harvard Law School. He's in Boston, Massachusetts this morning.
Nice to see you, sir. Thank you very much for your time.
You've heard Nic Robertson's report. How alarmed are you by these killings?
RICHARD GOLDSTONE, HARVARD LAW SCHOOL: I'm extremely alarmed. I've been expressing fears for many months now as to the good sense and the probability that fair trials can be held in this atmosphere of suicide bombers, and killings and a complete absence of security in Iraq.
I mean, obviously, to have a fair and open trial, it's crucial for the democracy -- for the future of democracy in Iraq that these trials should take place sooner rather than later. You just can't have them in this atmosphere. How do you assure the security not only of the judges, but of the witnesses, of defense lawyers, of prosecutors.
O'BRIEN: Let me interrupt you there. The names were supposed to be kept secret, because of these various concerns about safety. In your experience in Yugoslavia and Rwanda, was it sort an open secret, everybody knew who the justices actually were working on these tribunals?
GOLDSTONE: Absolutely. There was adequate security. Obviously, the Hague is a pretty safe place. But that notwithstanding, there was very intense security getting into the court building.
But the point is, that they were televised, they were open, there was a public gallery where people could come in and out. There's no point having these trials behind closed doors, and where the victims are not able to at least observe what is happening. What's the point of the trial?
O'BRIEN: So then, does this indicate to you that this is someone who is working inside, working with the insurgents who may have tipped them off to target the judge and his lawyer's son?
GOLDSTONE: Well, that certainly seems to be the obvious inference. But you know, my suggestion has been that the trial certainly of people with the profile of Saddam Hussein and his senior lieutenants should more sensibly be held outside Iraq.
O'BRIEN: There are many, though, who would say, these are crimes against the Iraqi people. These are -- Iraq has to prove that it's a democracy and it can manage its own legal system. What do you say to those who are concerned about that, and that by moving the trial outside of the country you, to some degree, admit they can't really manage it?
GOLDSTONE: Well, it really seems to me to be Hobson's Choice -- you can't have trials in the present atmosphere in Iraq. Trials are crucially important, as I said, and the only sensible alternative seems to me to have the trials in a neighboring state, in one of the Arab states.
And by all means, it can be a trial by Arab judges. You have the Lockerbie example, having been set, a trial by Scottish judges in the Netherlands.
O'BRIEN: Justice Richard Goldstone joining us this morning. Thank you, sir. Appreciate it -- Bill.
GOLDSTONE: Pleasure.
HEMMER: Soledad, there is a new study that says the NFL has a serious health issue on its hands, and nearly every player is affected. Why then does the league have problem with the study? We'll explain when we continue in a moment here.
(COMMERCIAL BREAK) HEMMER: Welcome back, everyone. The Bush administration may have a job offer for ousted Hewlett-Packard chief Carly Fiorina. Perhaps she lives for another day. Andy Serwer is "Minding Your Business."
Good morning to you.
ANDY SERWER, "FORTUNE" MAGAZINE": It Good morning, Bill. It would be quite the second act.
Let's talk about the markets, though, first of all, yesterday, a good one for investors. Dow up 63 points. You can see here oil prices down a bit, chip stocks up. You can see the Nasdaq up even more, reflecting that. This morning, futures are down a bit and Fed chief Alan Greenspan will be in front of Congress at 10:00 a.m.
Yes, Carly Fiorina, call her the comeback kid, maybe. According to published reports, a source in the Bush administration saying she is one of the three candidates to possibly be the next head of the World Bank. A little strange, perhaps because it's just weeks after she was ousted as head of Hewlett-Packard, the computer giant, for failing to do the job there. It'll be interesting to see how that develops.
Now, another interesting candidate, foisted by "The Los Angeles Times" in an editorial on Friday, U2 front man Bono. And if you think about it, this guy's actually pretty qualified. Of course he's taken trips to Africa, he knows all about third world debt. So Bono or Carly Fiorina? be interesting to see how that shakes out.
I think Bono might be more popular.
CAFFERTY: I'll put my money in a coffee can. Who decides to nominate a failed executive to run the World Bank?
SERWER: Well, her name may just be floated out there. It's not entirely clear that she is the lead candidate for the post. She is a supporter of the Bush administration.
HEMMER: And Bono's on tour, too, so he couldn't take that job immediately.
SERWER: That's right, he'd have to wait.
And Carly Fiorina has also worked with Schwarzenegger, so she's involved in Republican politics.
CAFFERTY: Schwarzenegger and a Compaq/Hewlett-Packard merger. I mea, what more qualifications are necessary.
O'BRIEN: Thanks, Andy.
Question of the Day, Jack?
CAFFERTY: The separation of church and state. It will come before the Supreme Court of the United States today. The court will hear arguments in two cases about whether displays of the Ten Commandments on public property are unconstitutional. The Ten Commandments are pillars belief for three major religions -- Christianity, Judaism and Islam.
A recent "USA Today"/CNN/Gallup poll indicates the majority of Americans find the monument to the commandments on the grounds of the state's capital appropriate. Only 20 percent don't think they should be there. The Commandments are carved on to government buildings all over the country. They're even are on the ceiling of the Supreme Court of the United States chambers, where there's a depiction of Moses holding the tablets that contain the Commandments.
So here's the question, should the Ten Commandments be displayed on government property? Am@CNN.com is the e-mail address.
O'BRIEN: All right, Jack, thank you very much. And there's much more AMERICAN MORNING right after this break.
Ahead on "90-Second Pop"...
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I've decided, in light of what was just said to start off with a couple of issues that I'd like you to think about.
(END VIDEO CLIP)
O'BRIEN: Michael Jackson's on trial and on TV, but there aren't any cameras in the courtroom, so who's this man in the mirror? 90- Second Poppers take a hard look, later on AMERICAN MORNING.
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 March 2, 2005 - 07:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Michael Jackson back in court today with a former media manager on the stand. Hints now the star witness may be Jackson himself.
Dennis Rader charged with 10 BTK murders. Do authorities have a new lead today on evidence in those killings?
And a cloud of danger over the trial of Saddam Hussein. One of the judges getting ready for his case is gunned down. Searching for justice, on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING, with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome, everybody.
Some new questions this morning about the case against Dennis Rader, the man suspected of being the BTK killer, some questions about the evidence, also whether the trial should be moved to another town. This morning, we talk to the lead prosecutor about the case.
HEMMER: Also, in a moment here, if you saw this last night, there are no cameras in the courtroom for Michael Jackson's case, we know that. That does not mean you can't watch it on TV. Look at this. Actors in primetime on a cable network. We'll talk about what these guys are doing in about -- "90-Second Pop" coming up here.
Did you see that last night, by the way?
You have to really like this case to enjoy that program.
JACK CAFFERTY, CNN ANCHOR: I missed it.
O'BRIEN: The guy who's playing Mesereau looks, I think, a lot like Mesereau. The guy playing Jackson, not so much.
HEMMER: Takes them 45 minutes to get made up.
CAFFERTY: I plan to miss it again tonight and for the duration of the trial.
The 11th commandment may soon be you can't display the Ten Commandments on any government building or space. The Supreme Court of the United States is going to take up this weighty matter. We'll look at it in a few minutes. I personally think it's much ado about very little. But the Supremes think it matters a lot, so it will matter to us.
HEMMER: Thanks, Jack.
Here's Carol Costello now with the headlines across town.
Carol, good morning to you.
CAROL COSTELLO, CNN ANCHOR: Good morning, Bill. Good morning to all of you.
Now in the news, a pair of suicide attacks against Iraqi security forces this morning. The first car bomb went off in central Baghdad, near an army recruiting center. Iraqi police said a firefight followed the explosion. Two hours later, another blast goes off in southern Baghdad, targeting an Iraqi military convoy. At least 13 killed in the attacks, 30 others wounded.
A Bush administration official says the U.S. has proof terrorists based in Syria are to blame for a deadly suicide attack in Israel. Secretary of state Condoleezza Rice was addressing that information yesterday during an international conference in London. She accused Syria of being, quote, "out of step" in the Middle East. U.S. intelligence suggests there is firm evidence that Palestinian militants in Damascus were actively involved in the planning of that attack in Israel. Last week's bombing at a nightclub in Tel Aviv killed at least five people.
Today in Florida, a joint effort to help on the search for missing 9-year-old Jessica Lunsford. The U.S. Postal Service and the National Center for Missing and Exploited Children are planning to deliver 42,000 flyers in the Citrus County area. They're hoping to get clues about Jessica's disappearance. Rescue teams back out this morning, retracing their steps with the help of search dogs. Authorities have been following more than 1,000 leads in recent days, but still absolutely no trace of the young girl.
And Federal Reserve chair Alan Greenspan is on Capitol Hill this morning. Greenspan is giving lawmakers an update on his view of the economy. Analysts will listen for any comments about interest rates. He's also expected to talk about the budget deficit and Social Security when he goes before the House Budget Committee in about three hours.
Back to you, Soledad.
O'BRIEN: All right, Carol, thanks.
Now to the people versus Michael Jackson. Prosecutors will present more testimony this morning in the child-molestation trial. In court yesterday, jurors saw a controversial documentary and heard the defense suggest that Jackson himself might testify.
CNN's Miguel Marquez live at the courthouse in Santa Maria, California, this morning.
Hey, Miguel, good morning. MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning to you, Soledad.
It was a fairly emotional day. Usually Mr. Jackson comes and goes from the courthouse here in Santa Maria with only a wave to the fans. Yesterday, after the showing of the documentary, "Living With Michael Jackson," when a reporter asked him how he was feeling, he had a one-word answer.
(BEGIN VIDEOTAPE)
QUESTION: How are you feeling today?
MICHAEL JACKSON, ENTERTAINER: Angry.
MARQUEZ (voice-over): An angry Michael Jackson left the courtroom after he sat threw a viewing of the documentary, "Living With Michael Jackson." Its producer, Martin Bashir, was also in the room.
(BEGIN VIDEO CLIP)
MARTIN BASHIR, PRODUCER, "LIVING WITH MICHAEL JACKSON": We began a journey together, across continents, through his past, and rapidly into the disturbing reality of his life today.
(END VIDEO CLIP)
MARQUEZ: The program originally aired on Britain's ITV on February 3th, 2003. The prosecution says the molestation and conspiracy to cover it up happened after it hit the air.
Jackson and his defense deny the molestation or conspiracy ever happened, and say Bashir was really out to get Michael Jackson.
(BEGIN VIDEO CLIP)
BASHIR: The world needs a man who is 44 sleeping in a bed with children?
JACKSON: No, no, you're making it all wrong.
(END VIDEO CLIP)
MARQUEZ: On cross-examination, Jackson's defense asked question after question about whether Bashir misrepresented himself to obtain the interview. Bashir refused to answer, citing California's reporter shield law and the First Amendment.
MICHAEL CARDOZA, LEGAL ANALYST: I'm sure the jury walked out with some questions about Bashir's motives.
MARQUEZ: During the portion of the documentary where Jackson holds his baby out an open window, the pop star began to cry.
CARDOZA: He reached for tissue paper, dabbed his eyes, dabbed his nose a number of times. That went on for about 10 minutes. So he had very much of an emotional reaction to that.
MARQUEZ: But Jackson also seemed to enjoy other parts of the documentary, particularly when his own music was playing.
STEVE CORBETT, "SANTA MARIA TIMES": "Thriller," he moved, he nodded, he bopped. "Billy Jean," he moved, he nodded, he seemed enthralled.
(END VIDEOTAPE)
MARQUEZ: One of the most emotional days in court so far. She took the stand yesterday. She'll finish up today, a woman by the name of Ann Marie Kite. She's a P.R. person who was hired by the Jackson camp to do crisis management after that documentary aired, and she will testify for the prosecution about the crisis and the reaction that the Jackson camp had once that documentary aired -- Soledad.
O'BRIEN: Miguel, we kept hearing from the defense attorney, Mesereau, that Michael Jackson will tell you, Michael Jackson will tell you. It made people think Michael Jackson will get on the stand and tell you something. Is that the sense, that he'll testify in the trail trial?
MARQUEZ: If you take the two days altogether of opening statements, that certainly seems to suggest that, because during his first day, when he was on opening statements, he kept saying that opening statements are a contract between me and the jury, that if I don't fulfill what I'm going to say up here, then you can't believe me at the end, and then he used that phraseology throughout -- you will hear Mr. Jackson, Mr. Jackson will tell you, Michael Jackson will tell you, throughout the entire time. So it leads one to believe he may testify, but legal experts say that may not happen, that they may have Mr. Jackson testify through other testimony, through video that we saw yesterday, for instance, or through other witness -- Soledad.
O'BRIEN: Still an open question.
Miguel Marquez in Santa Maria, California for us this morning. Miguel, thanks -- Bill.
HEMMER: New evidence in the BTK killer case now has police with metal detectors searching roads in Park City, Kansas. That's north of Wichita. Park City is the hometown of the suspect, Dennis Rader. FBI agents also going over Rader's home yesterday. Police not giving many details of what they've learned since he was arrested. Rader appeared in court via closed circuit TV yesterday. Some say he was subdued on camera. He was charged with 10 counts of first-degree murder.
Nola Foulston is the D.A. for Sedgwick County. She will lead the BTK prosecution.
(BEGIN VIDEOTAPE)
HEMMER: These murders took place years ago. Is the evidence strong enough to get a conviction at this point, do you believe? NOLA FOULSTON, D.A., SEDGWICK CO., KANSAS: Well, I can't really discuss the quantitative amount of the evidence or the quality of the evidence, but I can tell you that prior to the charging of this particular case, my staff and I, along with law enforcement, review the case in what's called the felony review. At that time, the law- enforcement agencies present evidence, particular to each and every case, each and every one of the 10 homicides. I review the evidence, along with all of the information surrounding each and every case. And at that time, we make a determination whether or not there is a reasonable amount of evidence that passes any probable-cause standard and standard that meets the reasonable-doubt standard, and at that time make that determination on each case, and then at that time charges are filed.
HEMMER: You mentioned 10 cases. How likely is it that he'll be charged with more than 10 murders?
FOULSTON: Well, at this particular point in time, the amount of cases has been determined to be 10. In the event that there comes to our attention that there are more cases than that the complaint and information, that's the vehicle that we use to charge, could be amended. It could be amended anytime before the preliminary hearing, or after the preliminary hearing with the authority at of the court. But at this time, there's just 10.
HEMMER: OK, the reason I asked that, apparently there's a report from a sheriff in a nearby county, called Reno County, looking into unsolved murders in that county. Have you been contacted by others in the state?
FOULSTON: There have been a number of other cases that have been questioned, I mean, in the media, in Reno County, and other cases have been explored by our local law-enforcement task force, and in many of those instances, have not yet the analysis that we have put together. But we are continuing to look at any other cases and compare them and make any determination. But realistically, no.
HEMMER: You're the D.A. in Sedgwick County.
FOULSTON: I'm the D.A., yes.
HEMMER: How real is the possibility that this case could be moved out of Wichita?
FOULSTON: You know, Bill, I've been in this business for 28 years. We've not had a change of venue. Just a few years ago, I tried a very high profile case involving seven homicides. There was a motion for change of venue there. It's up to our community to be able to see if we can get 12 fair and impartial jurors in this case. That's the test, and I don't believe that it's unrealistic to be able to assume that we can do that in this case.
(END VIDEOTAPE)
HEMMER: Nola Foulston from earlier today. One of the crimes connected to the BTK killer is the death of Nancy Fox in 1977. Nola Foulston was an assistant D.A. then, a woman in her 20s who says she remembers all too well the feeling she had nearly 30 years ago.
(WEATHER REPORT)
HEMMER: We have mentioned that there are no cameras in the courtroom for Michael Jackson's trial. However, that is not stopping one TV network from allowing you to watch every night anyway. A closer look at what's happening here, in "90-Second Pop" this hour.
O'BRIEN: Also does Martha Stewart need an image makeover? One advertising exec tells us why prison may have been Stewart's best career move.
HEMMER: Also from Baghdad, should Saddam Hussein get a change of venue for his trial? A former U.N. prosecutor telling us today why it's unacceptable to go forward in Iraq.
All that's ahead, live in New York City here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: From Iraq now, suicide bombers continue to target Iraqi soldiers and army recruiting centers there. Thirteen were killed today, at least 30 others wounded in the latest attacks.
And Nic Robertson live in Baghdad to tell us if there's any claim of responsibility for the attacks we've seen so far today.
Nic, hello.
NIC ROBERTSON, CNN CORRESPONDENT: Hello, Bill.
Well, no claim of responsibility, but the modus operandi, if you will, very similar to many of the insurgent attacks here: a suicide bomber driving a vehicle full of explosives up to a gate of an army recruitment center, very close the middle of Baghdad, detonating those explosives at about 7:00 this morning. Six people were killed in that blast, 28 wounded, army recruits among the casualties.
But police do say that the casualties could have been far worse, but for the heavy concrete barriers in that area. And police now that last year in February, a blast in the same place killed 45, in June last year, killed 35. They believe that the security barriers did help prevent further casualties. Two
And about hours later, there was another blast, a suicide bomber drove his vehicle packed full of explosives into an Iraqi army convoy on the southern side of Baghdad. Seven people were killed in that explosion, and another two people wounded. The area was quickly sealed off, we're told, by not only U.S. troops, but also the Iraqi army -- Bill. HEMMER: Nic, there was the story that broke last night. One of the judges getting ready for the trial of Saddam Hussein was gunned down on the street outside of his home. The blame is fingered for the insurgents. How much of a blow could this be for the prosecution of Saddam Hussein?
ROBERTSON: Well, there are a number of judges, several dozen, who are in the collective pool of judges that could be in the -- Saddam Hussein's trial. Each of the trials in the Iraqi special tribunal will involve a panel of five judges, and it is possible he could be one of those five judges in Saddam Hussein's trial.
But those trials, or at least the precursor to the trials, began just 24 hours before he was killed. He was gunned down outside his house, along with his son, who is also a lawyer working on the Iraqi special tribunal.
The trial began on Monday, or the referral stage for Saddam Hussein's brother, Basan Al Tikriti (ph), and the former vice president of Iraq, Taha Yassin Ramadan (ph). They were being tried for crimes against humanity for their involvement in the brutal repression following an assassination attempt on Saddam Hussein in 1982.
So the very fact that the special tribunal had begun its work, and this judge, who is also a senior Kurdish politician, gunned down within 24 hours, is a real indication that the insurgents seem to be intent on targeting all those who are working to try the former -- Saddam Hussein's former regime -- Bill.
HEMMER: Nic Robertson from Baghdad. Thanks for that, Nic.
More with Soledad now.
O'BRIEN: And in fact with the murder of that judge and his lawyer's son, both with ties to Saddam Hussein's trial, some are questioning the future of the war crimes tribunals in Iraq. Richard Goldstone is a former prosecutor for the U.N.'s international war crimes tribunals in Rwanda and the former Yugoslavia. Justice Goldstone is a visiting professor at Harvard Law School. He's in Boston, Massachusetts this morning.
Nice to see you, sir. Thank you very much for your time.
You've heard Nic Robertson's report. How alarmed are you by these killings?
RICHARD GOLDSTONE, HARVARD LAW SCHOOL: I'm extremely alarmed. I've been expressing fears for many months now as to the good sense and the probability that fair trials can be held in this atmosphere of suicide bombers, and killings and a complete absence of security in Iraq.
I mean, obviously, to have a fair and open trial, it's crucial for the democracy -- for the future of democracy in Iraq that these trials should take place sooner rather than later. You just can't have them in this atmosphere. How do you assure the security not only of the judges, but of the witnesses, of defense lawyers, of prosecutors.
O'BRIEN: Let me interrupt you there. The names were supposed to be kept secret, because of these various concerns about safety. In your experience in Yugoslavia and Rwanda, was it sort an open secret, everybody knew who the justices actually were working on these tribunals?
GOLDSTONE: Absolutely. There was adequate security. Obviously, the Hague is a pretty safe place. But that notwithstanding, there was very intense security getting into the court building.
But the point is, that they were televised, they were open, there was a public gallery where people could come in and out. There's no point having these trials behind closed doors, and where the victims are not able to at least observe what is happening. What's the point of the trial?
O'BRIEN: So then, does this indicate to you that this is someone who is working inside, working with the insurgents who may have tipped them off to target the judge and his lawyer's son?
GOLDSTONE: Well, that certainly seems to be the obvious inference. But you know, my suggestion has been that the trial certainly of people with the profile of Saddam Hussein and his senior lieutenants should more sensibly be held outside Iraq.
O'BRIEN: There are many, though, who would say, these are crimes against the Iraqi people. These are -- Iraq has to prove that it's a democracy and it can manage its own legal system. What do you say to those who are concerned about that, and that by moving the trial outside of the country you, to some degree, admit they can't really manage it?
GOLDSTONE: Well, it really seems to me to be Hobson's Choice -- you can't have trials in the present atmosphere in Iraq. Trials are crucially important, as I said, and the only sensible alternative seems to me to have the trials in a neighboring state, in one of the Arab states.
And by all means, it can be a trial by Arab judges. You have the Lockerbie example, having been set, a trial by Scottish judges in the Netherlands.
O'BRIEN: Justice Richard Goldstone joining us this morning. Thank you, sir. Appreciate it -- Bill.
GOLDSTONE: Pleasure.
HEMMER: Soledad, there is a new study that says the NFL has a serious health issue on its hands, and nearly every player is affected. Why then does the league have problem with the study? We'll explain when we continue in a moment here.
(COMMERCIAL BREAK) HEMMER: Welcome back, everyone. The Bush administration may have a job offer for ousted Hewlett-Packard chief Carly Fiorina. Perhaps she lives for another day. Andy Serwer is "Minding Your Business."
Good morning to you.
ANDY SERWER, "FORTUNE" MAGAZINE": It Good morning, Bill. It would be quite the second act.
Let's talk about the markets, though, first of all, yesterday, a good one for investors. Dow up 63 points. You can see here oil prices down a bit, chip stocks up. You can see the Nasdaq up even more, reflecting that. This morning, futures are down a bit and Fed chief Alan Greenspan will be in front of Congress at 10:00 a.m.
Yes, Carly Fiorina, call her the comeback kid, maybe. According to published reports, a source in the Bush administration saying she is one of the three candidates to possibly be the next head of the World Bank. A little strange, perhaps because it's just weeks after she was ousted as head of Hewlett-Packard, the computer giant, for failing to do the job there. It'll be interesting to see how that develops.
Now, another interesting candidate, foisted by "The Los Angeles Times" in an editorial on Friday, U2 front man Bono. And if you think about it, this guy's actually pretty qualified. Of course he's taken trips to Africa, he knows all about third world debt. So Bono or Carly Fiorina? be interesting to see how that shakes out.
I think Bono might be more popular.
CAFFERTY: I'll put my money in a coffee can. Who decides to nominate a failed executive to run the World Bank?
SERWER: Well, her name may just be floated out there. It's not entirely clear that she is the lead candidate for the post. She is a supporter of the Bush administration.
HEMMER: And Bono's on tour, too, so he couldn't take that job immediately.
SERWER: That's right, he'd have to wait.
And Carly Fiorina has also worked with Schwarzenegger, so she's involved in Republican politics.
CAFFERTY: Schwarzenegger and a Compaq/Hewlett-Packard merger. I mea, what more qualifications are necessary.
O'BRIEN: Thanks, Andy.
Question of the Day, Jack?
CAFFERTY: The separation of church and state. It will come before the Supreme Court of the United States today. The court will hear arguments in two cases about whether displays of the Ten Commandments on public property are unconstitutional. The Ten Commandments are pillars belief for three major religions -- Christianity, Judaism and Islam.
A recent "USA Today"/CNN/Gallup poll indicates the majority of Americans find the monument to the commandments on the grounds of the state's capital appropriate. Only 20 percent don't think they should be there. The Commandments are carved on to government buildings all over the country. They're even are on the ceiling of the Supreme Court of the United States chambers, where there's a depiction of Moses holding the tablets that contain the Commandments.
So here's the question, should the Ten Commandments be displayed on government property? Am@CNN.com is the e-mail address.
O'BRIEN: All right, Jack, thank you very much. And there's much more AMERICAN MORNING right after this break.
Ahead on "90-Second Pop"...
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UNIDENTIFIED MALE: I've decided, in light of what was just said to start off with a couple of issues that I'd like you to think about.
(END VIDEO CLIP)
O'BRIEN: Michael Jackson's on trial and on TV, but there aren't any cameras in the courtroom, so who's this man in the mirror? 90- Second Poppers take a hard look, later on AMERICAN MORNING.
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