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CNN Saturday Morning News

A look at legal cases of Kobe Bryant, Michael Jackson

Aired June 19, 2004 - 08:00   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.


BETTY NGUYEN, CNN ANCHOR, CNN SATURDAY MORNING: I'm Betty Nguyen. Here is a look at some of the top stories we have for you. Key Al-Qaeda militants are dead in Saudi Arabia after the killing of an American postage.
Kobe Bryant gets a judge's ruling on DNA and text messages. We will talk with our legal experts about how they think the latest decision could tip the scale.

The best gift you could give dad this father's day? How about a visit to the doctor, of all places. Our Saturday "House Call" says it could help save his life.

DREW GRIFFIN, CNN ANCHOR, CNN SATURDAY MORNING: News at this hour: In Saudi Arabia, retaliation swift for the beheading of American Paul Johnson. Saudi security forces round up and kill the leader of the Al-Qaeda cell there. Security sources report three other terror suspects were killed in the operation as well.

In Iraq, battles with insurgents for a fourth straight day; one U.S. soldier and at least six Iraqis are killed in clashes around Bukaba (ph), a Sunni Muslim area north of Baghdad. More than 50 Iraqis were wounded in the attacks. Another American soldier killed in an attack in Baghdad.

A group of American lawmakers is in Baghdad. It was an un- announced visit. This is tape we got in a while ago. Senators Tom Daschle, Joseph Biden, Lindsey Graham were included in the delegation. The group spent time with American troops stationed in Iraq.

(BEGIN VIDEO CLIP)

SEN. TOM DASCHLE, (D), MINORITY LEADER: Thank you, for the job you have done and the way you have done it. Secondly, how proud we are of that job. How much we want to continue to support your efforts and whatever role it may be, and finally we want to make sure you all come home as safely as possible.

(END VIDEO CLIP)

GRIFFIN: The group also met with Iraqi's interim prime minister offering support for him as well.

NGUYEN: Now to our top story. A gun battle in Riyadh just hours after American hostage Paul Johnson is found beheaded. Al-Qaeda's leader in Saudi Arabia, Abdel Aziz al-Muqrin was killed in that shootout along with three other terrorists. And al-Muqrin's number two man was captured in what the Saudis call a massive operation.

Meanwhile, in the U.S., anger and outrage at Johnson's killing. White House Correspondent Suzanne Malveaux will have reaction from Washington in a moment. First, the Johnson family mourns in seclusion in New Jersey. CNN's Alina Cho is there. We begin with her live report.

Good morning, Alina.

ALINA CHO, CNN NATIONAL CORRESPONDENT: Good morning to you, Betty.

Through an FBI spokesman the family of Paul Johnson is asking the media to respect their privacy in this intense time of sadness. In fact, the last time we saw them was late yesterday afternoon when they were seen leaving the home of Johnson's niece. They are said to be holding up remarkably well given the circumstances.

Again, through an FBI spokesman, they also thanked people across the country for their outpouring of support they have received. Here in this community, near Johnson's hometown, a poem hanging on a mailbox reads, in part, "Last night I wasn't a racist, but today I feel racism towards Islamic beliefs."

There are also some flowers, at least one card left on the front lawn of Johnson's sister's home. A neighbor said even he has received calls of support.

(BEGIN VIDEO CLIP)

DAN POMPONIO, JOHNSON NEIGHBOR: I received calls from people in Boston, that are actually sending stuff. Just people who just read the media and stuff, want to send stuff to them. They will send it to me to give it to them. I got e-mails from people, just from the exposure.

CHO: Strangers?

PAMPONIO: Just total strangers, just getting together. That's great.

(END VIDEO CLIP)

CHO: That man, if you can believe it, had never even met Johnson. Said the community is really coming together, supporting the family. Treating Johnson really like a favorite son, even though he has not lived here in New Jersey for more than 20 years.

Betty?

NGUYEN: CNN's Alina Cho, in New Jersey, thank you for that report -- Drew.

GRIFFIN: Now to reaction in Washington. It has been swift. CNN White House Correspondent Suzanne Malveaux has that report.

(BEGIN VIDEOTAPE) SUZANNE MALVEAUX, CNN WASHINGTON CORRESPONDENT (voice over): President Bush's reaction to the beheading of American Paul Johnson was strong and swift.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The murder of Paul shows the evil nature of the enemy we face. These are barbaric people. There is no justification whatsoever for his murder.

MALVEAUX: Saudi officials joined in expressing deep sorrow.

ADEL AL-JUBEIR, SAUDI EMBASSY SPOKESMAN: Over 15,000 security personnel from Saudi Arabia were involved. Thousands of locations were searched and leads pursued. We did everything we could to find him. And we are deeply sorry that it was not enough.

MALVEAUX: The Bush administration believes terrorists are now targeting Americans and other Westerners, not just in Iraq, but now in Saudi Arabia; 35,000 Americans live in the kingdom. The State Department is urging them to get out. Late Friday it issued a more urgent travel warning for the region. Saudi officials express concern with the advice.

AL-JUBEIR: We believe that calls for withdrawing people from Saudi Arabia could inadvertently play into the hands of the terrorists. We don't support moves like this. But it's not our decision. It's the decision by the State Department.

MALVEAUX: In the meantime, both U.S. and Saudi officials pledge to continue cooperation in security, intelligence sharing, and military operations.

COLIN POWELL, U.S. SECRETARY OF STATE: I'm quite confident it will cause our Saudi colleagues to redouble their efforts to go after terrorists.

AL-JABIER: The American people must know that the Saudi people are with them just like the Saudi people know that the American people are with them. It is the two of us who are being murdered and slaughtered by these evil terrorists. And it is the two of us working together who can crush them.

(END VIDEOTAPE)

MALVEAUX: Now there is some members of Congress, both Democrats and Republicans, who blame Saudi Arabia for not doing enough to crack down on terrorism. White House officials say since last May's terrorist attack in Riyadh, the Saudis have stepped up efforts and the Bush administration is satisfied that the Saudi government did everything it could to try to save Paul Johnson.

Drew?

GRIFFIN: Suzanne Malveaux, in Washington, thank you.

NGUYEN: Paul Johnson is the third American civilian to be killed by terrorists in Saudi Arabia in less than two weeks. CNN Terrorism Analyst Peter Bergen joins us live from our Washington bureau to talk about what's going on there.

Good morning to you, Peter.

PETER BERGEN, CNN TERRORISM ANALYST: Good morning.

NGUYEN: Let's talk about Paul Johnson's case. He is not the only American attacked in Saudi Arabia. How are these terrorist choosing their victims and why soft targets?

BERGEN: Well, there's been some 85 people who have died in terrorist attacks since May of 2003. Some have died because they live in particular residential compounds. Some like Paul Johnson have been specifically targeted. In recent weeks we are seeing more specific targeting of specific people, rather than going randomly into a residential compound and blowing up a bomb. Really, assassinations and kidnappings have characterized the last few weeks.

NGUYEN: Is it time for the U.S. to send in security teams to protect Americans in that country?

BERGEN: Well, that's probably a difficult issue. Already since May of 2003 the FBI has had a stepped up presence there. American security teams in Saudi Arabia that would be a tough one I think, because of questions of sovereignty that the Saudi government would have.

NGUYEN: Is the Saudi government doing enough? We have seen the killings. What can be done?

BERGEN: Well, we just heard from Adel Al-Jubeir, the spokesman for the foreign ministry. He says that 15,000 people were involved in Paul Johnson's -- searching for Paul Johnson. There was a pretty quick response in this instance, killing Al-Muqrin, the leader of the Al- Qaeda in Saudi Arabia.

I think the Saudi government is in a very different posture than they were let's say before May attack of 2003. They had their head in the sand. At this point they are managing a fairly effective campaign against militants. A lot remains to be done.

NGUYEN: Of course, yet Americans are being urged to leave the country. Is it time for Americans to pull out of that country?

BERGEN: That's obviously the decision left to the individual. You know there are a lot of Americans also in Iraq, which is also a very dangerous place. The State Department is urging people to leave. That's really a personal choice. Obviously a lot of people like living in Saudi Arabia, the salaries are good. Generally speaking it's a rather safe place to live at least until the last year. So people like Paul Johnson actually wanted to stay in Saudi Arabia. He is a sort of -- he lived there for 10 years. So, that's a very personal decision.

NGUYEN: Quickly, do you think we will see more cases like Paul Johnson?

BERGEN: I think, unfortunately, yes. The aim of these people is to get foreigners out of the Saudi Kingdom, to jack up the price of oil, and destabilize the House of Saud in an effort to bring it down, and we will see more of this, unfortunately.

NGUYEN: Peter Bergen, CNN terrorism expert, we thank you.

BERGEN: Thank you.

NGUYEN: We want to hear from you this morning. Should American companies pull out of the Persian Gulf Region? You can e-mail us your comments at wam@cnn.com.

GRIFFIN: The Saudi government has scheduled a news conference for later today. CNN is planning to cover that event live. It's scheduled for 2:00 p.m. Eastern, 11 a.m. Pacific. You will see it here on CNN.

NGUYEN: Kobe Bryant's defense team scored a win this week, but how significant is it? We'll ask our "Legal Eagles".

GRIFFIN: Plus a homeowner's nightmare. We will tell you how this happened. You are watching CNN SATURDAY MORNING.

(COMMERCIAL BREAK)

GRIFFIN: Welcome back to CNN SATURDAY MORNING. I'm Drew Griffin.

Lawyers for Michael Jackson are working to have some charges against that pop star dismissed. Newly released court documents show defense attorneys will file a motion challenging the child molestation charges handed up by a grand jury in April.

The next scheduled hearing in this case comes on Friday. The Jackson case topping our "Legal Briefs" today. Joining us live are civil liberties attorney Lida Rodriguez-Tassef, and former Texas prosecutor Nelda Blair.

Counselors, good morning.

Let's start with the Jackson case. Some other news happened. We finally learned the details of the 1993 settlement he had with another accuser, back in this case, a $23 million settlement. The question is now that the details of this are out, does this hurt him in the eyes of potential jurors and does Michael Jackson have any legal recourse which was supposed to be a closed document and never to see the light of day -- Lida.

LIDA RODRIGUEZ-TASSEF, CIVIL LIBERTIES ATTORNEY: Absolutely it hurts him. It hurts him unfairly because look, the reality is the only purpose of leaking this information is to say that if he did it before, he is doing it again. He should be convicted this time based on the fact he did it before. That's not allowed under our laws.

Yes, I understand people want to hear about this 1993 case, but were it not for this leak, that probably would never, ever, ever see the light of day in the courtroom in the trial in this case. So it's absolutely unfair. Yes, it does hurt him.

GRIFFIN: Nelda, does this leak -- was this leak done probably by the prosecution or was it just somebody involved in the case back in '93?

NELDA BLAIR, FORMER TEXAS PROSECUTOR: Listen, what it is, is -- whether it's a leak or otherwise, it is evidence against Michael Jackson. And unfair, Lida, has nothing do with it. What matters is whether it's proper under our legal system.

You're wrong. Situations like that can be used as evidence against a criminal defendant. In this case, if the prosecution can get that witness to testify, the one that Michael Jackson settled with in '93, then they can use it to show that Michael Jackson may have done something like this before. Absolutely, it is proper testimony and if they can use it they will.

Now, I will say this -- I think it's unlikely the man will testify. He got a $20 million settlement. He has 20 million reasons not to testify. I can guarantee you that settlement agreement had a confidentiality clause in it that says he would not ever speak about that settlement.

GRIFFIN: Lida, let me ask you a legal question here. Can this kid testify, a kid who is now an adult, can he testify if it would violate that confidentiality agreement?

RODRIGUEZ-TASSEF: Of course, because even in those confidentiality agreements the reality is that if you are subpoenaed to testify before a court of law, then you have to testify and you have to do so truthfully.

What is at issue here -- and, Nelda, you never say I'm right. I'm not surprised you are telling me I'm wrong now.

What is really at issue here is Michael Jackson was never charged with a crime, convicted of a crime, indicted of a crime, in the past. Usually the only time that you allow past crime evidence is when there was a conviction. It's very rare that you allow a -- an unindicted event that may have cost him $20 million, I don't care. It shouldn't come in. We need to be very careful and very vigilant that it doesn't.

GRIFFIN: But, Lida, wasn't it the $23 millions that made this case go away, criminally?

RODRIGUEZ-TASSEF: Absolutely. There is probably no question that's what did it. But you know what? There was nothing illegal about it at the time. The kid decided not to follow through with the prosecution of this case. They couldn't do anything about it then. That's the reality.

GRIFFIN: Nelda, you are first up on Kobe Bryant. A big win, supposedly, in his case. The defense will be able to use text messages between the accuser and the accuser's boyfriend.

Why is this important? BLAIR: It's important simply because it's more evidence for the defense. It is not a big win. In my opinion, unless those text messages from the victim say, yes, I had consensual sex with Kobe Bryant and I'd do it again. Unless they say something very, very specific like that, it is not going to help Kobe Bryant's case.

It's just another possibility that the defense has to create some doubt in the jury's mind. But it does not ruin the prosecution's case no matter how many big plays Kobe Bryant and his team make, just like in the NBA finals, he can still lose this game.

GRIFFIN: Lida.

RODRIGUEZ-TASSEF: You know, I'm not going to make basketball analogies because I'm just not going to stoop to that level, Nelda.

(LAUGHTER)

RODRIGUEZ-TASSEF: The bottom line is it is a big win for the defense. It's a big win because it's communications between the accused, her boyfriend, and a third party at about the time, right after this alleged incident was to have occurred.

Nobody knows what's in those text messages. We may never know because right now they're sealed. The parties will be given an opportunity to make motions and decide whether or not they're even relevant. We don't know. So, hey...

BLAIR: Let's make this point. The prosecution did not even oppose those text messages coming into the evidence.

RODRIGUEZ-TASSEF: Thank god. How big of them.

BLAIR: The boyfriend opposed it. So you know, prosecution is clearly not worried about them.

GRIFFEN: The boyfriend has no rights in this case?

RODRIGUEZ-TASSEF: Sure, he does. But this is what people got to remember. You send e-mails, you send letters, you send faxes, they are discoverable. E-mail text, voicemail text messages are, too. So, welcome to the real world, Orwellian as it may sound.

BLAIR: That's right.

GRIFFIN: Fair warning, ladies. Thank you both for the legal opinions this morning. We will look for you again. Thanks a lot.

BLAIR: Thank you.

RODRIGUEZ-TASSEF: Thank you.

NGUYEN: We want you to look at this. Damage done. Why a tree went through the roof of this Oregon home.

GRIFFIN: Plus, this is your chance to weigh in. Should American companies pull out of the Persian Gulf. We will read your e-mails when CNN SATURDAY MORNING returns.

(COMMERCIAL BREAK)

(WEATHER UPDATE, PROMO)

NGUYEN: Welcome back to CNN SATURDAY MORNING. I'm Betty Nguyen. Headlines right now, conjoined sisters are undergoing separation surgery in Washington. The three-month-old girls are joined at the abdomen and share a liver.

The State Department issued a more severe travel warning for Americans in the Middle East. It says attacks against Westerners and oil workers across the Persian Gulf Region are being planned. It broadens the department's earlier warning for Americans in Saudi Arabia.

And that follows the beheading of American hostage Paul Johnson. Saudi security forces say they killed the Al-Qaeda leader behind that killing, along with three other militants.

GRIFFIN: That brings to us our e-mail question this morning. Should American companies pull out of the Persian Gulf?

"No, I don't think, so -- leave Saudi Arabia," says Cathy of North Carolina. "To do so would be allowing the terrorists to win. I do think that we should hunt down these people and make them pay quickly for this. I wonder how many people they can kidnap if they are running for their lives."

NGUYEN: Roger has a different opinion. He says, "Yes, we should pull out. Let's redirect our manpower and resources helping our own people."

We appreciate your e-mail questions. Keep them coming to wam@cnn.com.

(WEATHER FORECAST)

(COMMERCIAL BREAK)

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Aired June 19, 2004 - 08:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BETTY NGUYEN, CNN ANCHOR, CNN SATURDAY MORNING: I'm Betty Nguyen. Here is a look at some of the top stories we have for you. Key Al-Qaeda militants are dead in Saudi Arabia after the killing of an American postage.
Kobe Bryant gets a judge's ruling on DNA and text messages. We will talk with our legal experts about how they think the latest decision could tip the scale.

The best gift you could give dad this father's day? How about a visit to the doctor, of all places. Our Saturday "House Call" says it could help save his life.

DREW GRIFFIN, CNN ANCHOR, CNN SATURDAY MORNING: News at this hour: In Saudi Arabia, retaliation swift for the beheading of American Paul Johnson. Saudi security forces round up and kill the leader of the Al-Qaeda cell there. Security sources report three other terror suspects were killed in the operation as well.

In Iraq, battles with insurgents for a fourth straight day; one U.S. soldier and at least six Iraqis are killed in clashes around Bukaba (ph), a Sunni Muslim area north of Baghdad. More than 50 Iraqis were wounded in the attacks. Another American soldier killed in an attack in Baghdad.

A group of American lawmakers is in Baghdad. It was an un- announced visit. This is tape we got in a while ago. Senators Tom Daschle, Joseph Biden, Lindsey Graham were included in the delegation. The group spent time with American troops stationed in Iraq.

(BEGIN VIDEO CLIP)

SEN. TOM DASCHLE, (D), MINORITY LEADER: Thank you, for the job you have done and the way you have done it. Secondly, how proud we are of that job. How much we want to continue to support your efforts and whatever role it may be, and finally we want to make sure you all come home as safely as possible.

(END VIDEO CLIP)

GRIFFIN: The group also met with Iraqi's interim prime minister offering support for him as well.

NGUYEN: Now to our top story. A gun battle in Riyadh just hours after American hostage Paul Johnson is found beheaded. Al-Qaeda's leader in Saudi Arabia, Abdel Aziz al-Muqrin was killed in that shootout along with three other terrorists. And al-Muqrin's number two man was captured in what the Saudis call a massive operation.

Meanwhile, in the U.S., anger and outrage at Johnson's killing. White House Correspondent Suzanne Malveaux will have reaction from Washington in a moment. First, the Johnson family mourns in seclusion in New Jersey. CNN's Alina Cho is there. We begin with her live report.

Good morning, Alina.

ALINA CHO, CNN NATIONAL CORRESPONDENT: Good morning to you, Betty.

Through an FBI spokesman the family of Paul Johnson is asking the media to respect their privacy in this intense time of sadness. In fact, the last time we saw them was late yesterday afternoon when they were seen leaving the home of Johnson's niece. They are said to be holding up remarkably well given the circumstances.

Again, through an FBI spokesman, they also thanked people across the country for their outpouring of support they have received. Here in this community, near Johnson's hometown, a poem hanging on a mailbox reads, in part, "Last night I wasn't a racist, but today I feel racism towards Islamic beliefs."

There are also some flowers, at least one card left on the front lawn of Johnson's sister's home. A neighbor said even he has received calls of support.

(BEGIN VIDEO CLIP)

DAN POMPONIO, JOHNSON NEIGHBOR: I received calls from people in Boston, that are actually sending stuff. Just people who just read the media and stuff, want to send stuff to them. They will send it to me to give it to them. I got e-mails from people, just from the exposure.

CHO: Strangers?

PAMPONIO: Just total strangers, just getting together. That's great.

(END VIDEO CLIP)

CHO: That man, if you can believe it, had never even met Johnson. Said the community is really coming together, supporting the family. Treating Johnson really like a favorite son, even though he has not lived here in New Jersey for more than 20 years.

Betty?

NGUYEN: CNN's Alina Cho, in New Jersey, thank you for that report -- Drew.

GRIFFIN: Now to reaction in Washington. It has been swift. CNN White House Correspondent Suzanne Malveaux has that report.

(BEGIN VIDEOTAPE) SUZANNE MALVEAUX, CNN WASHINGTON CORRESPONDENT (voice over): President Bush's reaction to the beheading of American Paul Johnson was strong and swift.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The murder of Paul shows the evil nature of the enemy we face. These are barbaric people. There is no justification whatsoever for his murder.

MALVEAUX: Saudi officials joined in expressing deep sorrow.

ADEL AL-JUBEIR, SAUDI EMBASSY SPOKESMAN: Over 15,000 security personnel from Saudi Arabia were involved. Thousands of locations were searched and leads pursued. We did everything we could to find him. And we are deeply sorry that it was not enough.

MALVEAUX: The Bush administration believes terrorists are now targeting Americans and other Westerners, not just in Iraq, but now in Saudi Arabia; 35,000 Americans live in the kingdom. The State Department is urging them to get out. Late Friday it issued a more urgent travel warning for the region. Saudi officials express concern with the advice.

AL-JUBEIR: We believe that calls for withdrawing people from Saudi Arabia could inadvertently play into the hands of the terrorists. We don't support moves like this. But it's not our decision. It's the decision by the State Department.

MALVEAUX: In the meantime, both U.S. and Saudi officials pledge to continue cooperation in security, intelligence sharing, and military operations.

COLIN POWELL, U.S. SECRETARY OF STATE: I'm quite confident it will cause our Saudi colleagues to redouble their efforts to go after terrorists.

AL-JABIER: The American people must know that the Saudi people are with them just like the Saudi people know that the American people are with them. It is the two of us who are being murdered and slaughtered by these evil terrorists. And it is the two of us working together who can crush them.

(END VIDEOTAPE)

MALVEAUX: Now there is some members of Congress, both Democrats and Republicans, who blame Saudi Arabia for not doing enough to crack down on terrorism. White House officials say since last May's terrorist attack in Riyadh, the Saudis have stepped up efforts and the Bush administration is satisfied that the Saudi government did everything it could to try to save Paul Johnson.

Drew?

GRIFFIN: Suzanne Malveaux, in Washington, thank you.

NGUYEN: Paul Johnson is the third American civilian to be killed by terrorists in Saudi Arabia in less than two weeks. CNN Terrorism Analyst Peter Bergen joins us live from our Washington bureau to talk about what's going on there.

Good morning to you, Peter.

PETER BERGEN, CNN TERRORISM ANALYST: Good morning.

NGUYEN: Let's talk about Paul Johnson's case. He is not the only American attacked in Saudi Arabia. How are these terrorist choosing their victims and why soft targets?

BERGEN: Well, there's been some 85 people who have died in terrorist attacks since May of 2003. Some have died because they live in particular residential compounds. Some like Paul Johnson have been specifically targeted. In recent weeks we are seeing more specific targeting of specific people, rather than going randomly into a residential compound and blowing up a bomb. Really, assassinations and kidnappings have characterized the last few weeks.

NGUYEN: Is it time for the U.S. to send in security teams to protect Americans in that country?

BERGEN: Well, that's probably a difficult issue. Already since May of 2003 the FBI has had a stepped up presence there. American security teams in Saudi Arabia that would be a tough one I think, because of questions of sovereignty that the Saudi government would have.

NGUYEN: Is the Saudi government doing enough? We have seen the killings. What can be done?

BERGEN: Well, we just heard from Adel Al-Jubeir, the spokesman for the foreign ministry. He says that 15,000 people were involved in Paul Johnson's -- searching for Paul Johnson. There was a pretty quick response in this instance, killing Al-Muqrin, the leader of the Al- Qaeda in Saudi Arabia.

I think the Saudi government is in a very different posture than they were let's say before May attack of 2003. They had their head in the sand. At this point they are managing a fairly effective campaign against militants. A lot remains to be done.

NGUYEN: Of course, yet Americans are being urged to leave the country. Is it time for Americans to pull out of that country?

BERGEN: That's obviously the decision left to the individual. You know there are a lot of Americans also in Iraq, which is also a very dangerous place. The State Department is urging people to leave. That's really a personal choice. Obviously a lot of people like living in Saudi Arabia, the salaries are good. Generally speaking it's a rather safe place to live at least until the last year. So people like Paul Johnson actually wanted to stay in Saudi Arabia. He is a sort of -- he lived there for 10 years. So, that's a very personal decision.

NGUYEN: Quickly, do you think we will see more cases like Paul Johnson?

BERGEN: I think, unfortunately, yes. The aim of these people is to get foreigners out of the Saudi Kingdom, to jack up the price of oil, and destabilize the House of Saud in an effort to bring it down, and we will see more of this, unfortunately.

NGUYEN: Peter Bergen, CNN terrorism expert, we thank you.

BERGEN: Thank you.

NGUYEN: We want to hear from you this morning. Should American companies pull out of the Persian Gulf Region? You can e-mail us your comments at wam@cnn.com.

GRIFFIN: The Saudi government has scheduled a news conference for later today. CNN is planning to cover that event live. It's scheduled for 2:00 p.m. Eastern, 11 a.m. Pacific. You will see it here on CNN.

NGUYEN: Kobe Bryant's defense team scored a win this week, but how significant is it? We'll ask our "Legal Eagles".

GRIFFIN: Plus a homeowner's nightmare. We will tell you how this happened. You are watching CNN SATURDAY MORNING.

(COMMERCIAL BREAK)

GRIFFIN: Welcome back to CNN SATURDAY MORNING. I'm Drew Griffin.

Lawyers for Michael Jackson are working to have some charges against that pop star dismissed. Newly released court documents show defense attorneys will file a motion challenging the child molestation charges handed up by a grand jury in April.

The next scheduled hearing in this case comes on Friday. The Jackson case topping our "Legal Briefs" today. Joining us live are civil liberties attorney Lida Rodriguez-Tassef, and former Texas prosecutor Nelda Blair.

Counselors, good morning.

Let's start with the Jackson case. Some other news happened. We finally learned the details of the 1993 settlement he had with another accuser, back in this case, a $23 million settlement. The question is now that the details of this are out, does this hurt him in the eyes of potential jurors and does Michael Jackson have any legal recourse which was supposed to be a closed document and never to see the light of day -- Lida.

LIDA RODRIGUEZ-TASSEF, CIVIL LIBERTIES ATTORNEY: Absolutely it hurts him. It hurts him unfairly because look, the reality is the only purpose of leaking this information is to say that if he did it before, he is doing it again. He should be convicted this time based on the fact he did it before. That's not allowed under our laws.

Yes, I understand people want to hear about this 1993 case, but were it not for this leak, that probably would never, ever, ever see the light of day in the courtroom in the trial in this case. So it's absolutely unfair. Yes, it does hurt him.

GRIFFIN: Nelda, does this leak -- was this leak done probably by the prosecution or was it just somebody involved in the case back in '93?

NELDA BLAIR, FORMER TEXAS PROSECUTOR: Listen, what it is, is -- whether it's a leak or otherwise, it is evidence against Michael Jackson. And unfair, Lida, has nothing do with it. What matters is whether it's proper under our legal system.

You're wrong. Situations like that can be used as evidence against a criminal defendant. In this case, if the prosecution can get that witness to testify, the one that Michael Jackson settled with in '93, then they can use it to show that Michael Jackson may have done something like this before. Absolutely, it is proper testimony and if they can use it they will.

Now, I will say this -- I think it's unlikely the man will testify. He got a $20 million settlement. He has 20 million reasons not to testify. I can guarantee you that settlement agreement had a confidentiality clause in it that says he would not ever speak about that settlement.

GRIFFIN: Lida, let me ask you a legal question here. Can this kid testify, a kid who is now an adult, can he testify if it would violate that confidentiality agreement?

RODRIGUEZ-TASSEF: Of course, because even in those confidentiality agreements the reality is that if you are subpoenaed to testify before a court of law, then you have to testify and you have to do so truthfully.

What is at issue here -- and, Nelda, you never say I'm right. I'm not surprised you are telling me I'm wrong now.

What is really at issue here is Michael Jackson was never charged with a crime, convicted of a crime, indicted of a crime, in the past. Usually the only time that you allow past crime evidence is when there was a conviction. It's very rare that you allow a -- an unindicted event that may have cost him $20 million, I don't care. It shouldn't come in. We need to be very careful and very vigilant that it doesn't.

GRIFFIN: But, Lida, wasn't it the $23 millions that made this case go away, criminally?

RODRIGUEZ-TASSEF: Absolutely. There is probably no question that's what did it. But you know what? There was nothing illegal about it at the time. The kid decided not to follow through with the prosecution of this case. They couldn't do anything about it then. That's the reality.

GRIFFIN: Nelda, you are first up on Kobe Bryant. A big win, supposedly, in his case. The defense will be able to use text messages between the accuser and the accuser's boyfriend.

Why is this important? BLAIR: It's important simply because it's more evidence for the defense. It is not a big win. In my opinion, unless those text messages from the victim say, yes, I had consensual sex with Kobe Bryant and I'd do it again. Unless they say something very, very specific like that, it is not going to help Kobe Bryant's case.

It's just another possibility that the defense has to create some doubt in the jury's mind. But it does not ruin the prosecution's case no matter how many big plays Kobe Bryant and his team make, just like in the NBA finals, he can still lose this game.

GRIFFIN: Lida.

RODRIGUEZ-TASSEF: You know, I'm not going to make basketball analogies because I'm just not going to stoop to that level, Nelda.

(LAUGHTER)

RODRIGUEZ-TASSEF: The bottom line is it is a big win for the defense. It's a big win because it's communications between the accused, her boyfriend, and a third party at about the time, right after this alleged incident was to have occurred.

Nobody knows what's in those text messages. We may never know because right now they're sealed. The parties will be given an opportunity to make motions and decide whether or not they're even relevant. We don't know. So, hey...

BLAIR: Let's make this point. The prosecution did not even oppose those text messages coming into the evidence.

RODRIGUEZ-TASSEF: Thank god. How big of them.

BLAIR: The boyfriend opposed it. So you know, prosecution is clearly not worried about them.

GRIFFEN: The boyfriend has no rights in this case?

RODRIGUEZ-TASSEF: Sure, he does. But this is what people got to remember. You send e-mails, you send letters, you send faxes, they are discoverable. E-mail text, voicemail text messages are, too. So, welcome to the real world, Orwellian as it may sound.

BLAIR: That's right.

GRIFFIN: Fair warning, ladies. Thank you both for the legal opinions this morning. We will look for you again. Thanks a lot.

BLAIR: Thank you.

RODRIGUEZ-TASSEF: Thank you.

NGUYEN: We want you to look at this. Damage done. Why a tree went through the roof of this Oregon home.

GRIFFIN: Plus, this is your chance to weigh in. Should American companies pull out of the Persian Gulf. We will read your e-mails when CNN SATURDAY MORNING returns.

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NGUYEN: Welcome back to CNN SATURDAY MORNING. I'm Betty Nguyen. Headlines right now, conjoined sisters are undergoing separation surgery in Washington. The three-month-old girls are joined at the abdomen and share a liver.

The State Department issued a more severe travel warning for Americans in the Middle East. It says attacks against Westerners and oil workers across the Persian Gulf Region are being planned. It broadens the department's earlier warning for Americans in Saudi Arabia.

And that follows the beheading of American hostage Paul Johnson. Saudi security forces say they killed the Al-Qaeda leader behind that killing, along with three other militants.

GRIFFIN: That brings to us our e-mail question this morning. Should American companies pull out of the Persian Gulf?

"No, I don't think, so -- leave Saudi Arabia," says Cathy of North Carolina. "To do so would be allowing the terrorists to win. I do think that we should hunt down these people and make them pay quickly for this. I wonder how many people they can kidnap if they are running for their lives."

NGUYEN: Roger has a different opinion. He says, "Yes, we should pull out. Let's redirect our manpower and resources helping our own people."

We appreciate your e-mail questions. Keep them coming to wam@cnn.com.

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