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American Morning

New Developments in Duke University Rape Investigation; One of Most Wanted Terrorist Leaders in Iraq Captured

Aired April 06, 2006 - 07:00   ET

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

SOLEDAD O'BRIEN, CNN ANCHOR: New developments to tell you about this morning in the Duke University rape investigation. A disturbing e-mail threat gets one student suspended.
MILES O'BRIEN, ANCHOR: A very emotional day expected in the Zacarias Moussaoui trial. Family members of 9/11 victims now ready to take the stand.

Also one of the most wanted terrorist leaders in Iraq has been captured. We're live in Baghdad with the latest.

S. O'BRIEN: Guarding against online predators. We're going to take a look at what you need to know to keep your kids safe while they're on the Internet.

M. O'BRIEN: And still cleaning up after Sunday's deadly tornado outbreak. The Midwest braces for a new round of severe storms today. We'll tell you where they're biggest risk for twisters is, on this AMERICAN MORNING.

S. O'BRIEN: Today could be the day when members of the Duke University lacrosse team learn if they're cleared or if they're implicated in a rape investigation. DNA test due back as early as today. Even without criminal charges, there have already been some serious consequences.

(BEGIN VIDEOTAPE)

S. O'BRIEN (voice-over): Fallout from rape allegations involving members of the Duke University lacrosse team is now costing the coach his job and the team its season. On Wednesday, the school canceled the rest of this year's lacrosse schedule, and coach Mike Pressler, 16 seasons at the helm of Duke's lacrosse squad, submitted his resignation. Duke's president says it was the right thing to do.

RICHARD BRODHEAD, PRESIDENT, DUKE UNIVERSITY: I think everybody recognized that it was just really unlikely that this person could continue in any effective way.

S. O'BRIEN: And some students on campus agreed, the coach had to go.

UNIDENTIFIED MALE: The coach of the team, he has a responsibility as a whole for the team and their actions, whether he condones them or not. I think it was the right thing to do.

UNIDENTIFIED MALE: Under the circumstances, I can't say I blame him.

S. O'BRIEN: One of the coach Pressler's players, 19-year-old Ryan McFadyen, was suspended from school. According to court documents, on the same night a young woman claim she was raped by three lacrosse players at an off-campus party. McFayden allegedly sent this e-mail. It reads, "Tomorrow night, after tonight's show, I decided to have some strippers over. However there will be no nudity. I plan on killing the b--s as soon as they walk in and proceeding to cut their skin off."

BRODHEAD: When I read it, I was sickened. I found it repulsive. That's all I can say.

(END VIDEOTAPE)

S. O'BRIEN: The story has shaken the campus and the town of Durham, North Carolina. In just a few minutes, we're going to talk to the editor of Duke's student newspaper -- Miles.

M. O'BRIEN: Several breaking stories out of Iraq to tell you about this morning. We begin with the arrest of one of the most wanted terrorist leaders in Iraq, Muhammed Ubaydi, who was wanted for kidnapping and attempted assassination. He's also is associated with Abu Musab al Zarqawi, who is the head of al Qaeda in Iraq.

CNN's Aneesh Raman live now from Baghdad with more on that and some other stories we're watching.

First of all, Aneesh, how was he captured?

ANEESH RAMAN, CNN CORRESPONDENT: Well, Miles, good morning.

We are still awaiting for details on how he was actually secured in southern Baghdad back on March 7th. It seems the capture was, in part, due to the fact his deputy was captured last December. We're told it was from mixed Iraqi and U.S. intelligence. Abu Ayman, as he is known, as you mentioned, connected to Abu Musab al Zarqawi, the head of al Qaeda in Iraq. He also was an aide to the chief of staff of Saddam Hussein's intelligence unit back under the former regime. Also, officials say, he was the principal suspect behind Italian journalist Guiliana Sgrena. That took place last February.

Now Iraqi officials, essentially, that we've spoken to are waiting for more word on this capture from the U.S. military. It's unclear why the information is emerging from the military and not the Iraqi officials. But we're told this operation was entirely Iraqi lead -- Miles.

M. O'BRIEN: Aneesh, let's shift gears here. We're talking about this bombing we just heard about before we went on the air, in Najaf. What do we know?

RAMAN: Yes, a car bomb detonating in the Shia holy city of Najaf, just a few hundred meters away from the Imam Ali Shrine. That is the holiest shrine for Shia Muslims in Iraq. At the moment, we're told from local officials there, at least nine people have been killed, some 23 others wounded. The explosion taking place essentially right at the perimeter of that shrine. That is where Najaf, the Grand Ayatollah Ali Al Sistani, the Shia spiritual head of Iraq, resides. It's unclear how this will affect what is already a deep division among the sectarian divides in Iraq -- Miles.

M. O'BRIEN: And against this backdrop of growing sectarian violence, the trial of Saddam Hussein continues. Yesterday a very dramatic day, with Saddam Hussein being cross-examined. Today he wasn't in court. What happened?

RAMAN: He wasn't in court. One of his co-defendants, a former chief judge of the Revolutionary Court, was there. He was questioned by the prosecution about what they contend was essentially a laughable legal process for the 148 individuals who were executed after the failed assassination attempt on Saddam Hussein. It seems, collectively, they had one lawyer among them. The trial itself took just 16 days. There was no appeals process.

The trial is adjourned until next Wednesday. Experts are expected to testify, and then the defense will soon present its case -- Miles.

M. O'BRIEN: Aneesh Raman, thank you very much. What is expected to be an emotional second phase of Zacarias Moussaoui's sentencing phase begins this morning in Alexandria Virginia. For jurors, the decision will be life in prison without parole or death for the al Qaeda conspirator.

CNN's Kelli Arena with more.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT: Rudy Giuliani, the mayor who led New York through the September 11th terrorist attacks, is expected to be among the first witnesses when the Zacarias Moussaoui trial resumes. Prosecutors want to show the jurors how the attacks disrupted the functions of New York's government and economy.

Giuliani knew many of the firefighters and police officers killed while trying to save others. Among them Terry Hatton, a fire captain married to a long-term Giuliani aide.

The impact of nearly 3,000 deaths that day is the prosecution's prime evidence for the death penalty.

UNIDENTIFIED MALE: We can't open the windows unless we break them.

UNIDENTIFIED MALE: OK, just sit tight. We're on the way.

UNIDENTIFIED MALE: All right. Please hurry.

ARENA: Panicked phone calls from victims to 911 emergency operators will be played for the jury. Several calls from passengers and flight attendants on the four hijacked planes, and the cockpit voice recorder from flight 93, which went down in Shanksville, Pennsylvania after passengers tried to take back the plane.

UNIDENTIFIED FEMALE: We can't even get up to business class right now, because nobody can breathe.

ARENA: Some 40 relatives of attack victim also testify over the next week. The jury has already decided Moussaoui's lies to federal agents who arrested him a month before 9/11 helped the terror plot succeed.

To persuade jurors to impose death, prosecutors must show Moussaoui acted in a heinous, cruel and depraved manner, with substantial planning and premeditation, and that he shows no remorse. The defense team plans to introduce evidence of Moussaoui's troubled past, and witnesses to question his mental health. Psychiatrists were in the court carefully watching Moussaoui testify.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

M. O'BRIEN: In about 30 minutes, we'll talk with Carrie Lemack, who lost her mother on 9/11, has been following the Moussaoui trial closely via closed-circuit television.

Be sure to stay with CNN day and night for the most reliable news about your security -- Soledad.

S. O'BRIEN: Well, a late-night proposal from Senate Republicans could lead to an agreement on immigration reform, with tougher rules for undocumented workers who want to become citizens.

CNN's Andrea Koppel live on Capitol Hill this morning.

Hey, Andrea, good morning to you.

Was are the details on this?

ANDREA KOPPEL, CNN CONGRESSIONAL CORRESPONDENT: Good morning, Soledad.

Well, this is a compromise proposal that has been sponsored by Senators Mel Martinez and Chuck Hagel, both Republicans, trying to break the impasse here in the Senate on the immigration reform bill. And what it does effectively is to set three different categories for those 11 to 12 million illegal immigrants believed to be living in the U.S. right now. And it breaks it down based on the number of years they have been living in the U.S. Those who have been here less than two years, in other words, since January of 2004, would have to leave the country. Those here between two to five years -- in other words, between 2001 and 2004 -- would have to leave the country, and then through one of 16 ports of entry would have to apply for a visa to return, basically setting up more hurdles for them. And then the third category of people would be for those who have been here five years or longer. They would have basically a path to citizenship that would laid out for them -- Soledad. S. O'BRIEN: Well, Andrea, let me ask you this, for the folks who have been in the U.S. for more than five years, they're going to have to meet requirements. What are those requirements?

KOPPEL: Absolutely. Those are really under this compromise plan, they would be the same requirements that had been laid out in what's known as McCain/Kennedy plan. This is the plan that's currently on the floor of the Senate that's supposed to be up for a test vote later this morning.

And really there are a number of different requirements that immigrants would have to reach. Among them, they'd have to pay a $2,000 fine. They'd have to work in the U.S. for at least six years. They'd have to learn English. They'd have to undergo background checks, showing that they don't have any kind of a criminal record, and they'd also have to pay all the back taxes that they owed for the years they had been here.

What we're expecting, Soledad, is that this would go to the floor of the Senate for a test vote as soon as Friday. But neither side really -- the Republicans are saying they're confident, but Democrats I've spoken to say it's still too soon to say whether or not there are going to be those 60 votes need to get this through the Senate -- Soledad.

S. O'BRIEN: Well, we'll all be watching it for sure.

Andrea Koppel for us on Capitol Hill this morning. Andrea, thanks.

Ahead in our next hour, we're going to talk to Senate Majority Leader Bill Frist about this new proposal and also the possible showdown with the House over immigration reform.

A grand jury is expected to hear witnesses today in the assault complaint against Congresswoman Cynthia McKinney. The Georgia lawmaker is accused of hitting a Capitol Hill guard who tried to stop her from entering a House office building. Congressional sources tell CNN that two House staff members have been subpoenaed to testify. The grand jury's decision on whether McKinney should face charges is not expected before next week.

M. O'BRIEN: They're crossing their fingers in North Dakota. No sign of retreat for the overflowing Red River we've been telling you about for the past few days. We expect it to crest today in Grand Forks at about 20 feet above flood stage. It has already crested in Fargo, as we told you yesterday. But meteorologists say it will stay above floodstage well into next week.

After weeks of torrential rain in California, meanwhile, the floodwaters backing up into homes and on to roads in Fresno. It's also triggering fear of mudslides, like this one, which closed a highway in Fresno County. A massive section of the road washed away, as you can see. No injuries are reported.

In New Mexico, it's too dry, that's the problem there and dust storms are the problems. Heavy winds, blowing dust causing several accidents there. This one a ten-vehicle pile-up. No injuries reported, however. Got so bad some roads had to be closed down until the winds died down.

(WEATHER REPORT)

S. O'BRIEN: Ahead this morning, we're going to talk about this e-mail shocker in the Duke rape investigation. Have you seen this e- mail? Talk about how the campus is reacting to the just gory details of this e-mail. We're going to talk to the editor of the school newspaper.

M. O'BRIEN: We'll also more on the Zacarias Moussaoui case. We'll talk to a 9/11 relative who would prefer he not be executed.

S. O'BRIEN: Plus, it's going to be a make-or-break day in the Enron trial. We're going to take you live to Houston for a preview of Jeff Skilling's testimony.

That's all ahead. Stay with us.

(COMMERCIAL BREAK)

S. O'BRIEN: More fallout from rape allegations at Duke University. Duke's longtime lacrosse coach Mike Pressler has resigned. The team's season is officially over, and lacrosse player Ryan McFadyen has been suspended over a very disturbing e-mail that's been released by police. In it, he threatened to kill women.

Joining us this morning from Raleigh, North Carolina is Seyward Darby. She's the editor of the student paper, "The Duke Chronicle."

Nice to see you. Thanks for talking to us.

SEYWARD DARBY, EDITOR, "DUKE CHRONICLE": Thanks for having me.

S. O'BRIEN: We're going to get to the details in that e-mail in just a few minutes, but first let's first talk about some of the latest developments. The season is over. The coach's resigned. What's the reaction been on campus to that?

DARBY: Well, there've been mixed reactions to it. I think a lot of people are pleased to see these latest developments because they have been calling for more harsher measures to be taken, namely that the season be canceled. And many people are happy to see the coach leave.

However, there are many, many people are saying the legal proceedings have a long way to go. And at this point, because no one has been found guilty, it's unfortunate that these young men on the team are losing their season and that the coach is having to step down amid such controversy.

S. O'BRIEN: Then there's this e-mail, the details of which were released by police, allegedly sent by one of the players, as we mentioned, Ryan McFadyen. And here's part of that e-mail said, "Tomorrow night, after tonight's show, I have decided to have some strippers over. However, there will be no nudity. I plan on killing the b--s as soon as they walk in and proceeding to cut off their skin."

What's the reaction been from students?

DARBY: The reaction to the language specifically has been that it's disgusting, that it's vile, that it's unacceptable. And I mean, that's just -- there's so many words that could describe it. I don't think anybody is arguing with the brutality of the language.

However, there are mixed opinions about what exactly the e-mail means. Some people are saying that it points to the fact that there was no rape that night, that why would somebody send out an e-mail of such a nature just two hours after this party where this allegedly took place. Other people are saying the language says members of the team might have been capable of the aggression necessary to carry out the crime they're accused of.

S. O'BRIEN: You know, We have not heard much from the lacrosse players, apparently on the advice of their attorneys. But Ryan McFadyen, the student who's have alleged to sent this e-mail, you have heard from him. He's one of the who's actually gone on the record with your newspaper. Tell me about what he said.

DARBY: Sure, well, about a week ago, he attended an event on campus called Take Back the Night, which was a part of Sexual Assault Prevention Week, which is an annual event that we have on our campus. And one of my reporters went up to him, knowing he was a lacrosse player, and asked if he would like to comment. And essentially, he said he supported the week, he supported the event that night, and he was just sorry that the allegations against the team fell when they did. As far as we know, he is the only lacrosse player to individually go on the record.

S. O'BRIEN: There have been many articles written, as you well know, about race issues, and class issues, and people who live in the town versus the students who go to the university on so forth and on so forth. How do you -- what's the reality here where you are in your school? Is there a big racial divide between the town and the university?

DARBY: Well, Duke is a very large university in the middle of a large, diverse city. And there are certainly divides between the two. Durham has a very large African-American population, a very large Latino population. Duke itself is quite diverse. And Duke does good things for Durham, and Durham does very good things for duke. At the same time, there are tensions along the lines of race, of class, and generally just along the lines of town-gown relations, of an elite university in the middle of an urban area.

S. O'BRIEN: One has to imagine that until some of this information comes out about what really happened that night, some of those tensions are not going to be going away anytime soon.

Sayward Darby is the editor of "The Duke Chronicle." Thanks for talking with us -- Miles.

DARBY: Thank you so much.

M. O'BRIEN: Coming up on the program, tips on protecting your kids from online predators. We'll be joined live by an Internet security expert.

Plus, a split decision in the latest Vioxx trial. We'll tell you why one plaintiff got 4.5 million, the other 45 bucks.

Stay with us.

(COMMERCIAL BREAK)

(MARKET REPORT)

M. O'BRIEN: Coming up in the 8:00 hour, part two of our A.M. Tax Guide. The most commonly missed deduction, do you know what it is?

SERWER: No.

M. O'BRIEN: The home mortgage deduction.

SERWER: Whoops, I forgot.

M. O'BRIEN: Yes, I mean, come on, folks. Wake up, smell the coffee.

Beverly Goodman from Smart Money will show us some of the most overlooked deductions, including that one, and hopefully you won't overlook them after you listen to us.

Stay with us -- Soledad.

S. O'BRIEN: Yes, that's a hard one to believe. Why else would you buy a home? Anyway, we'll talk about that later.

Also, aside from keeping your kids off the computer altogether, what can do you to protect your kids from online predators? Ahead, we're going to get some tips from an Internet security expert.

Plus, jurors are going to soon decide whether Zacarias Moussaoui gets the death penalty.

We'll talk with one 9/11 family member. She says she Moussaoui should live. We'll ask her why.

That's ahead. Stay with us.

(COMMERCIAL BREAK)

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