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American Morning

Duke Rape Allegations; Immigration Battle; Madrid Bombings

Aired April 11, 2006 - 06:00   ET

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


MILES O'BRIEN, CNN ANCHOR: DNA tests are back in the Duke University rape investigation, a bit of a surprise. This morning, a reaction on campus as prosecutors plan their next moves.
SOLEDAD O'BRIEN, CNN ANCHOR: Fear of flooding triggers a disaster declaration in California. Governor Schwarzenegger is now asking for federal help.

And egregious overcharging in New Orleans where a plastic tarp costs as much as a new roof. We'll show you some of the biggest culprits just ahead Chad.

CHAD MYERS, CNN METEOROLOGIST: And a chance of hail and severe weather here with gusty winds Omaha, Kansas City, right on down into Oklahoma City for one more day this week.

M. O'BRIEN: And a former idol takes the country world by storm, walks away with some well-earned hardware at the Country Music Awards.

We'll have that and much more ahead on this AMERICAN MORNING.

Good morning to you. I'm Miles O'Brien.

S. O'BRIEN: And I'm Soledad O'Brien.

DNA results are in and attorneys for Duke University's lacrosse players say there is no link to those players who are being accused of rape.

Jason Carroll is in Durham, North Carolina, with more for us this morning.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (on camera): These are the test results that the players' attorneys have been waiting for for some time now. They have reviewed the results and they say the results show that there is no match between any of the players and the young woman who says she was raped.

WADE SMITH, DEFENSE ATTORNEY: No DNA material from any young man tested was present on the body of this complaining woman.

JOE CHESHIRE, DEFENSE ATTORNEY: I would hope that the community would embrace this report and understand why we have been talking about the presumption of innocence and rush to judgment. CARROLL: The district attorney told me last week, even if the DNA test results come back without a match, that did not mean a sexual assault did not take place. When asked to comment on the results that are now in, he said his comments would have to wait.

MIKE NIFONG, DURHAM DISTRICT ATTORNEY: It would be inappropriate for me to comment on any of the evidence at this point. And it would be inappropriate for me to comment on any of the things that have been said by the defense council. I am trying to prepare a case so that we can be in a position to do what we need to do under my statutory authority.

CARROLL: The defense attorneys say now that the DNA test results are in, it would be best for the district attorney to drop the case so the players, Duke University and members of the community can get to healing. The district attorney seemed to indicate that at this point he plans to proceed with his case.

Jason Carroll, CNN, Durham, North Carolina.

(END VIDEOTAPE)

M. O'BRIEN: The Zacarias Moussaoui trial continues today. Another torrent of testimony and tears expected. It was a raw, emotional scene yesterday as the jury heard from those who had lost loved ones in 9/11 and on tape, the final words of those who perished that day. Their urgent pleas for help are very hard to listen to. One from Melissa Doi trapped on the 83rd floor of the World Trade Center's south tower.

(BEGIN VIDEO CLIP)

MELISSA DOI, 9/11 VICTIM: Are they going to be able to get somebody up here?

OPERATOR: Of course, ma'am, we're coming up for you.

DOI: Well, there's no one here yet and the floor is completely engulfed. We're on the floor and we can't breathe.

OPERATOR: OK.

DOI: And it's very, very, very hot.

I'm going to die, aren't I?

OPERATOR: No, no, no, no.

DOI: I'm going to die.

OPERATOR: Ma'am, say your prayers. And we're not going to we're going to think positive because you have got to help each other get off the floor.

Now...

DOI: I'm going to die. I know I'm going to die.

(END VIDEO CLIP)

M. O'BRIEN: Now the judge has warned prosecutors they could risk an appeal due to all this emotional testimony. The jury trying to decide if Moussaoui should get life in prison or the death penalty Soledad.

S. O'BRIEN: President Bush answers reports that there are contingency plans for a nuclear strike against Iran's nuclear program. The president addressed a group at Johns Hopkins School of Advanced International Studies in Washington. He calls published reports about plans for strikes against Iran "wild speculation."

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Here in Washington you know prevention needs force. It doesn't mean force, necessarily. In this case, it means diplomacy. What you're reading is wild speculation, which is it's kind of a you know it happens quite frequently here in the nation's capital.

(END VIDEO CLIP)

S. O'BRIEN: He made it clear the president made it clear he does not want Iran to have nuclear weapons or the ability to make them.

The president also explained why he declassified intelligence regarding the reasons for going to war in Iraq.

Listen.

(BEGIN VIDEO CLIP)

BUSH: I thought it was important for people to get a better sense for why I was saying what I was saying in my speeches. And I felt I could do so without jeopardizing you know ongoing intelligence matters, and so I did.

(END VIDEO CLIP)

S. O'BRIEN: The president approved the release of selected portions of a national intelligence estimate in July of 2003. At that time, the White House was being criticized by former Ambassador Joseph Wilson over a key argument and reasons for going to war Miles.

M. O'BRIEN: The debate over illegal immigration hit the streets of the United States yesterday. Hundreds of thousands of pro immigration protesters rallied in several major cities Monday. They'd like a path towards citizenship.

Carol Costello live now from the newsroom with more.

Good morning, Carol.

CAROL COSTELLO, CNN ANCHOR: Good morning, Miles. And good morning to all of you.

It was a very impressive showing at cities across the nation, hundreds of thousands turned out in 100 cities across the nation. I want you to take a look at four, because they were the most impressive demonstrations that we saw.

First, in New York City, about 125,000 flooded the street. There you can see them there. In the District of Columbia, 300,000 to 500,000 people took to The Mall. Two hundred thousand turned out in Phoenix. And in Los Angeles, thousands waived American flags.

And I want you to take note of the American flags, because there was a lot of talk about past demonstrations and immigrants waiving Mexican flags or the flags of their native countries, and this time, you can see a lot of American flags.

A lot of conversation about that. Pro immigration groups urging people to waive those American flags. Although in a bit of irony, Hispanic groups in Maryland, it was forced to order 11,000 American flags from El Salvador because it could not find enough American flags here. This is according to "The Washington Post."

In the meantime, the debate has turned kind of ugly. A radio talk show host in Phoenix, Brian James at KFYI, seemed to advocate shooting immigrants as a way to deal with undocumented immigrants.

Listen to what he said if someone from Mexico stepped over the border.

(BEGIN VIDEO CLIP)

BRIAN JAMES, KFYI RADIO TALK SHOW HOST: Step over there and you die. You get to decide whether it's your lucky night or not. I think that would be more fun.

(END VIDEO CLIP)

COSTELLO: He went on to comment on the idea of a wall being built between the United States and Mexico. Listen to what he said about that.

(BEGIN VIDEO CLIP)

JAMES: Has anybody done any figures on what a wall like that would cost? Then I want you to stop for a second and think about this. For that same amount of money, how many bullets can you buy?

(END VIDEO CLIP)

COSTELLO: Now the radio station, KFYI, says Mr. James was doing satire. The program director says and I'm quoting here "the listeners who heard the whole broadcast understood that." She says she hasn't gotten one single complaint, although there have been protests outside the radio station.

And out west, things are really heated, Miles, and it's becoming a problem, because you have groups burning the Mexican flag and now you have this.

M. O'BRIEN: Not one single complaint. I'm a little skeptical.

COSTELLO: That's what she says.

M. O'BRIEN: I'm a little skeptical of that.

COSTELLO: But there were protests outside the radio station...

M. O'BRIEN: OK.

COSTELLO: ... and people calling for the FCC to do something about it.

M. O'BRIEN: All those people outside, they're not complaining. They're not complaining, they're just protesting. All right.

COSTELLO: They didn't call.

M. O'BRIEN: All right.

S. O'BRIEN: And we didn't check our answering machine either.

M. O'BRIEN: Yes, right.

Thank you, Carol.

S. O'BRIEN: Let's take a look at what's happening in America today.

The head of New York City's transportation union faces 10 days in jail for leading last year's massive transit strike. The union president, Roger Toussaint, has 30 days to appeal. A Brooklyn judge ruled that Toussaint broke a state law that prohibits public employees from striking and a court order that barred the three-day walkout back in December.

In Sugar Land, Texas, a fire swept quickly through a warehouse at an oil field equipment company. The building was destroyed. You can take a look at it there. No serious injuries though to report. A few firefighters suffered some minor injuries. The exact cause of the fire not yet known.

We are not able to contain all the water. That's what one California official is saying about the swollen rivers and reservoirs in the central and northern parts of the state. Those flooding fears have led Governor Arnold Schwarzenegger to declare a state of emergency for seven counties in California.

(BEGIN VIDEO CLIP)

GOV. ARNOLD SCHWARZENEGGER (R), CALIFORNIA: Hopefully the weather is on our side, that it does not continue raining as much so we don't have a levee break. But it just reminds us again of how sensitive and how vulnerable our levees really are that any little thing now can really create a huge break in our levees. (END VIDEO CLIP)

S. O'BRIEN: In February, Governor Schwarzenegger asked for federal funds after declaring the state's levee system a disaster. There's been no response yet to that plea Miles.

M. O'BRIEN: Let's check the forecast now. Chad Myers in the Weather Center.

Good morning, Chad.

MYERS: Good morning, Miles.

(WEATHER REPORT)

Back to you guys.

S. O'BRIEN: And that's what we like to hear.

M. O'BRIEN: Chad, welcome. I should print that map out and frame it. Not bad. Not a bad one, right?

S. O'BRIEN: We'll take a copy of it, too.

M. O'BRIEN: Yes.

S. O'BRIEN: Thank you, Chad.

MYERS: You're welcome.

S. O'BRIEN: Spiritual songs reined supreme at last night's Country Music Television Awards. The night kicked off, though, with a little hip shaking. Take a look.

Yes, that's hard to do. And what he's singing is "Honky Tonk Badonkadonk." That's the name of the song.

M. O'BRIEN: One of my favorites.

S. O'BRIEN: Yes.

M. O'BRIEN: Keith Urban won video of the year for his song "Better Life" which featured a displaced choir from the Gulf Coast.

S. O'BRIEN: I love him.

And "American Idol" winner Carrie Underwood was the only double winner of the night. She won breakthrough video and best female video for her hit "Jesus, Take the Wheel."

M. O'BRIEN: She's had quite a career.

And Kenny Chesney won best male video for "Who'd You Be Today."

I'm going to start wearing a hat like that. I like that look. What do you think? S. O'BRIEN: I think he's bald underneath, is that right?

M. O'BRIEN: Is that the reason?

S. O'BRIEN: He's a handsome man.

M. O'BRIEN: Folliclely (ph) challenged.

S. O'BRIEN: May be. May be.

Still to come this morning, waste and abuse in government contracts post Katrina. This morning, some new information on just how much money is being wasted.

M. O'BRIEN: To the moon, NASA, and a planned crash landing. We'll tell you why the space agency would want to do that.

S. O'BRIEN: And a D.C. school superintendent gives his students credit for protesting immigration rallies. Is it an education or political activism? That story is a little bit later this morning.

First, a look at what else is making news on this Tuesday morning.

(COMMERCIAL BREAK)

S. O'BRIEN: Welcome back, everybody, 14 minutes past the hour. Here are a look at the morning's top stories.

It is now unclear what the prosecution's next move is going to be in the Duke lacrosse rape allegations. DNA tests came back. Defense lawyers say they are negative for all 46 players who were tested.

More heart-wrenching personal stories of 9/11 today in the Zacarias Moussaoui trial. The jury will hear about the attack on the Pentagon and the crash of Flight 93.

And a state of emergency in California. They are bulking up the levees as 10 more days of rain are now predicted there.

M. O'BRIEN: It's now been more than two years since those deadly al Qaeda inspired bombings in Madrid. And this morning, a Spanish judge indicted 29 people for the attacks on commuter trains. Those bombings during the morning rush hour killed 191, injured more than 1,700 others.

CNN's Madrid bureau chief Al Goodman on the line with us now.

What can you tell us, Al, about these indictments?

AL GOODMAN, CNN MADRID BUREAU CHIEF: Miles, these are suspected Islamic terrorists, in the large part, although about five Spaniards apparently have also been indicted for allegedly helping the Islamic terrorists get their hands on explosives for the attack. The explosives stolen from a mine in northern Spain and brought down to Spain. We're expecting in this 1,100-page indictment for the judge to say this was basically a homegrown attack by people who were based in Spain, but, as you just mentioned, inspired by al Qaeda.

Now one suspect, a Moroccan man, Jamal Zougam, he's 32, he ran a telephone store in Madrid. And police say the unexploded bomb that police defused had clues that led straight to Mr. Zougam. He was arrested two days after the attacks. Seven other key suspects are dead. They blew themselves up three weeks after the train bombings as police closed in on their hideout in a Madrid suburb Miles.

M. O'BRIEN: Al, why is this case taking so long?

GOODMAN: Well, there are 29 people indicted, but there were 116 people who the judge filed preliminary charges against. So he's actually only indicted a fourth of all those who have been arrested and filed with preliminary charges. It's an enormously complicated case. And he's taken the investigation to eight different countries, to Morocco, Algeria, France, Belgium, trying to tie up all the loose ends.

And that's why there is so much expectation as to what's going to be in this document, how close a tie to al Qaeda or how weak a tie to al Qaeda will the judge find? That's what everybody is waiting to see Miles.

M. O'BRIEN: Our Madrid bureau chief Al Goodman, thank you very much Soledad.

S. O'BRIEN: Well former Enron CEO Jeffrey Skilling is going to be back on the stand in just a couple of hours. During his first day of testimony, Skilling told jurors that he had no idea that the company was headed for a massive collapse. The most important part of his appearance may come when prosecutors start their cross- examination. Skilling and Enron founder Ken Lay face fraud and conspiracy charges.

Actor Robert Blake plans to appeal a judge's decision denying his request for a new civil trial. Blake's attorney claimed there was juror misconduct in the civil case. That jury ruled that Blake intentionally caused the death of his wife, Bonny Lee Bakley, and found him liable for $30 million in damages. Blake was acquitted, you'll recall, in the criminal trial Miles.

M. O'BRIEN: Political trouble above ground causing worry about pumping oil from underground.

Carrie Lee here with that.

Hello, Carrie.

CARRIE LEE, CNN CORRESPONDENT: Let's talk about oil prices, Miles and Soledad. Oil nearing the $69 a barrel mark, and this is because of worries that Iran's nuclear standoff, as well as continued violence in Nigeria, could disrupt oil supply. And this brings oil prices within a few dollars of the $7.85 record mark that oil hit last August.

Now this could mean another very expensive summer driving season. Meanwhile, gas prices not exactly low either. Nationally averaging $2.68 per gallon. Analysts say $3 a gallon this summer is possible. But so far, experts say demand doesn't seem to be decreasing, so drivers may be willing to pay the higher prices.

From gas to autos, Rick Wagoner may have been ready to step down as CEO of General Motors last week. A report in "Automotive News" says Wagoner would have resigned without a vote of confidence from the board. On April 3, GM's board did just that and Wagoner stayed on. So keeping the faith there.

Finally, Alcoa, the aluminum giant, the Dow component kicked off the Q1 profit reporting season last night reporting profits more than doubled from the year ago quarter. The stock was a nice gainer last night, up 7 percent. Although at the end of the day, the Dow was higher by just 21 points. Nasdaq down 6. And something like a little bit of a weak start for stocks this morning.

That's the latest.

S. O'BRIEN: All right, thanks for the update.

M. O'BRIEN: Thanks, Carrie.

LEE: OK.

S. O'BRIEN: Guess what, in case you're looking for a house, the "Psycho" house still for sale.

LEE: House.

M. O'BRIEN: The "Psycho" house?

S. O'BRIEN: The "Psycho" house, yes.

M. O'BRIEN: You can actually buy that house?

S. O'BRIEN: You can buy the house in "Psycho." It's no longer on eBay though, so you can't get it online. This Plainfield, Wisconsin, property, once owned by a guy named Ed Gein, if you you'll recall he was the guy who sort of eventually became the character in Alfred Hitchcock, you know Norman Bates' character in the movie "Psycho?"

M. O'BRIEN: Right. So this is the Bates Hotel, Motel, whatever? Good.

S. O'BRIEN: The "Psycho" house, yes, this is it.

LEE: Up the street from the hotel.

M. O'BRIEN: This is it.

S. O'BRIEN: He was arrested Gein was arrested in '57 when police...

M. O'BRIEN: That doesn't look like it.

S. O'BRIEN: ... found several body parts.

I wouldn't say these pictures are really helpful.

Yes, and the body parts were found right on the property. The property the guy who owns the property now says he only got one bid because he had it on eBay and then it got yanked.

M. O'BRIEN: I'm sorry, this is not the movie house, this is what it's based on. I get it now.

S. O'BRIEN: Yes, I know, the actual character.

M. O'BRIEN: I get it.

S. O'BRIEN: I don't know why they call it the "Psycho" house, except the guy lived in that house.

M. O'BRIEN: Understand now.

LEE: Do they know what the price is or what the bid was? How much does it cost?

S. O'BRIEN: I don't know. I have no idea.

LEE: Curious.

S. O'BRIEN: Why, are you looking for a house?

LEE: No, I was just wondering.

S. O'BRIEN: A property in Plainfield, Wisconsin.

M. O'BRIEN: Property or house.

LEE: You know everything is overinflated now it seems in the market, so maybe that house is too.

S. O'BRIEN: They've yanked it now. You can't get it on eBay anymore because you know they have that ban on like murder memorabilia, I guess.

M. O'BRIEN: They do?

LEE: I didn't know about that.

M. O'BRIEN: Who knew?

LEE: A whole new category.

M. O'BRIEN: Shoot, all those things I was going to put on there, too.

All right, thank you very much.

Shaquille O'Neal is a hero to millions of kids, but even NBA superstars have heroes as well. Coming up, Shaq pays back his favorite teacher.

Plus, Gwyneth Paltrow has another baby. She's got to work on naming babies.

S. O'BRIEN: The first one was Apple, this one is Orange. Joking, kidding, Gwyneth. We're very happy for you.

M. O'BRIEN: Kind of fruity there, Soledad.

Anyway, this time around she picked a name of biblical proportions. We'll bring the tablets down from the mountain after a break.

(COMMERCIAL BREAK)

S. O'BRIEN: Here's a look at some of the most popular stories on CNN.com at this hour. A million-dollar lawsuit has been filed on behalf of that 6-year-old boy whose 9/11 call was dismissed. His mother died while waiting for help.

Plus, it's payback time for Shaquille O'Neal's favorite teacher. He treated Annette Swann, there she is right next to him, to game tickets and hotel accommodations. She used to slip the growing fourth grader half of her lunch every day.

And it's a boy for Gwyneth Paltrow and her husband, Chris Martin. They have named the baby Moses Martin.

M. O'BRIEN: Poor Moses. He's going to have a tough time at recess, isn't he?

S. O'BRIEN: No, that's a nice name.

M. O'BRIEN: You think it's OK? All right.

S. O'BRIEN: I like Moses.

M. O'BRIEN: OK.

S. O'BRIEN: Sure.

M. O'BRIEN: It's better than...

S. O'BRIEN: Congratulations.

M. O'BRIEN: ... Apple, I guess.

All right. Well NASA hopes its next moon mission in 2009 is a smashing success. And we mean that quite literally. They have added a little extra item to its lunar reconnaissance orbiter, an impactor, about the size of an SUV, that will head straight for the surface of the moon and bam, slam in, on purpose. There you go. You can see the demonstration right there in the animation.

The idea is to kick up a plume. And by seeing that plume, the other craft, still in orbit, can actually take a look at it and see what it's made of, perhaps finding, most importantly, a little bit of water ice, which will be helpful if you wanted to set up an encampment on the moon Chad Myers.

MYERS: I think they should call the project Alice.

M. O'BRIEN: To the moon, Alice.

MYERS: To the moon, Alice.

M. O'BRIEN: To the moon you go. That's good.

MYERS: Yes, and it's actually going to make a crater a third...

S. O'BRIEN: Please.

MYERS: I'm sorry.

M. O'BRIEN: And we can make it...

MYERS: He's ruining...

M. O'BRIEN: ... some sort of acronym.

S. O'BRIEN: These two are you know what, Andy (ph) says the same thing, enough with the rubbing off of you on other people.

M. O'BRIEN: Alice could stand for astronaut lander in predictor for...

S. O'BRIEN: Yes, yes, yes.

M. O'BRIEN: You know containing energy, you know. That's how they do it at NASA.

MYERS: Electron.

M. O'BRIEN: It's always an acronym.

MYERS: OK.

It's going to actually make a crater the size of a football field or a third of the size of a football field, so that's going to be a pretty good thing. You're going to be able to see it from Earth here with a telescope.

(WEATHER REPORT)

Back to you guys.

S. O'BRIEN: All right, thank you, Chad.

MYERS: You're welcome. S. O'BRIEN: The morning's top stories are straight ahead, including this, the latest twist in the Duke rape investigation. New information to share with you this morning.

Plus a post Katrina nightmare. Some shocking new details on just how much of money is being wasted in government contracts.

Those stories ahead. Stay with us.

(COMMERCIAL BREAK)

M. O'BRIEN: Let's check the morning's top stories for you.

A DNA mismatch. Attorneys for Duke University lacrosse players say DNA tests show no match to any of those players. Forty-six were tested. A woman claimed she was sexually assaulted by three members of the team.

Another emotional day expected in the Zacarias Moussaoui trial. More family members of 9/11 victims expected to take the stand. Prosecutors yesterday also played phone calls from people trapped inside the World Trade Center.

A Senate subcommittee finding FEMA failed financially in the wake of Hurricane Katrina. Testimony showing the federal government overspent by millions of dollars for everything from debris cleanup to trailers to blue tarps that cost as much as a whole new roof should have cost.

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