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CNN Saturday Morning News

A look at Offensive in Falluja; Legal Analysis of Scott Peterson Trial

Aired November 13, 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.


TONY HARRIS, CNN ANCHOR, CNN SATURDAY MORNING: Oh, good morning everyone. From the CNN Center, this is CNN SATURDAY MORNING. It's November 13th, 8:00 a.m., here at the CNN headquarters in Atlanta. And 5:00 a.m. on the West Coast. I'm Tony Harris.
CATHERINE CALLAWAY, CNN ANCHOR: I'm Catherine Callaway in for Betty this morning. Thank you for being with us.

A new audiotape, reportedly from wanted terrorist leader Abu Masab Al-Zarqawi surfaces on an Islamic Web site. The voice on the tape urges insurgents to press on with their fight in Falluja. It is unclear when the tape was made and CNN cannot confirm if it is authentic.

Meanwhile, the battle for the Sunni Triangle city of Falluja goes on this morning. U.S. led troops took to their fight against insurgents holed out in the southern part of the city. A U.S. military commander says they expect to have complete control of that area later today. Now there are plans to bring in water and food for civilians there.

In Afghanistan, three U.N. workers remain hostages of the Taliban faction despite hopes they'd be freed by today. The kidnappers threaten to kill the hostages because of America's refusal to release more than two dozen Taliban suspects.

And mourners, including Palestinian officials, filed past Yasser Arafat's tomb for a second day today. The Palestinian leader was laid to rest in a highly emotional burial at his Ramallah compound yesterday. Palestinian officials say they will hold elections for a new leader before January 9th.

HARRIS: Here's what we've got coming up for you this hour. Scott Peterson's fate, it is now in the hands of a jury that convicted him.

The streets of Falluja still echo with the sounds of battle, but those echoes could be growing softer.

And in Miami, police sparked controversy. You might not believe who found himself on the receiving end of a TASER gun.

And to our top story: Plowing farther in, that is what U.S. forces are doing in the Iraqi city of Falluja. Meantime, insurgents appear to be making a last stand. CNN's Jane Arraf is embedded with U.S. troops near Falluja and she joins us by phone. Hello, Jane.

JANE ARRAF, CNN INTERNATIONAL CORRESPONDENT: Hi, Tony.

We're actually well in Falluja. We headed toward the southern sector. We have been with the U.S. forces as they came for the first time, into this part town. And they are continuing to move into areas that no U.S. troops have been in since April.

We're moving now, but this last area is considered to be one of the last strong points of organized resistance. They have been dropping 500-pound bombs and (UNINTELLIGIBLE) in and around that area, as well as launching artillery. Some of the targets are spider holes, hiding places, where snipers are popping up from. Tunnels laid across entire streets, buildings used by insurgents. Buildings designed to explode.

As they go through the streets, they have been finding more weapons, more explosives, more hiding places, and that's what they're concentrating on now, Tony.

HARRIS: Jane, compare the intensity of the fighting that you see now, to what you've seen so far?

ARRAF: The intensity certainly was strongest at the start. There were pockets of resistance (AUDIO GAP)

Even at the formal start of this battle, they were launching artillery, air attacks and other attacks into the city to soften up the insurgents (UNINTELLIGIBLE) forward with tanks and the troops we are with.

The intensity probably not quite as much, but they are still facing sporadic intense gunfire ever time they move through these streets, practically. There are still spots where insurgents are hiding and it's very easy to hide in these areas. The battle is by no means over -- Tony.

HARRIS: Jane, we know most of the civilians are out of that area. Are you running into any folks who are hard to discern as to whether or not they are actual insurgents or actual civilians of Falluja? Or is it pretty clear at this point, that the people you are running into are in fact insurgents?

ARRAF: There is still concern that there are civilians, Tony. In the sectors of town that we are in, again, these are the insurgents strongholds, where insurgents have been preparing for weeks and months, perhaps for this day.

Civilians were essentially chased away. As we go into buildings, in some of them we find things like photographs, toys, copies of the Koran, but most of them have been abandoned long ago. Not even the bedding remains. We have not seen a single civilian. The only people we have seen are the dead suspected insurgents.

And insurgents, (UNINTELLIGIBLE) top of rooftops to shoot at us. Now, in other parts of the city (AUDIO GAP) people, this morning, who told us that Iraqi forces are encountering, for the first time, civilians coming out of their homes to ask for help. It does not appear to be a humanitarian crisis, to put it that way, but there are people there, without electricity, without running water for six days now. The need supplies and some of them need medical help -- Tony.

HARRIS: Jane Arraf, in the heat of the fight, near Falluja.

Jane, thank you.

The battle in Iraq is being waged on several fronts. For the latest on the fighting and broader conflict log onto CNN.com.

CALLAWAY: A meeting of the minds and of old friends. President Bush and British Prime Minister Tony Blair met in the White House on Friday, with the Middle East one of the key topics of discussion. For more on the Bush/Blair meeting, we turn to CNN's Elaine Quijano who is live in Washington for us this morning

Hello, Elaine.

ELAINE QUIJANO, CNN WHITE HOUSE CORRESPONDENT: Hello to you, Catherine.

That's right, British Prime Minister Tony Blair's visit to Washington had already been scheduled even before the death of Yasser Arafat this week, but that development made the discussions on the Middle East even more timely, even more pressing.

Appearing before reporters in the East Room of the White House, President Bush and Prime Minister Blair reaffirmed their commitment to the so-called road map for peace, which calls for a two-state solution in the Israeli/Palestinian conflict.

And in a joint statement, the prime minister and president also made clear they support Palestinian elections to choose a new president within the next 60 days.

Now, about the time frame, when a reporter asked President Bush whether his intention was to have two states, one Palestinian and one Israeli, existing side by side, by the end of his second term, here is how President Bush responded.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I think it is fair to say that I believe we've got a great chance to establish a Palestinian state and I intend to use the next four years to spend the capital of the United States on such a state.

(END VIDEO CLIP)

QUIJANO: Now besides the Israeli-Palestinian conflict, another big topic, of course, Iraq. Prime Minister Blair has vigorously supported President Bush and the military efforts there. Britain continues to be America's strongest ally.

Now yesterday the president said progress is being made in the fight against insurgents. And for his part, British Prime Minister Tony Blair talking about the larger war on terror, said that the objectives and the aims of the U.S. are the same as those of Britain -- rather -- are the same of those of the United States. And that is why, he says, Britain continues to stand side by side with the U.S. -- Catherine?

CALLAWAY: Elaine, on another topic this morning, there's news of movement at the top level of the CIA. Can you tell us about that situation?

QUIJANO: That's right, an announcement coming yesterday that the deputy director of the CIA, John McLaughlin, going to be leaving his post. Now, the word is that he is retiring. A statement issued yesterday, by McLaughlin, saying that he came to the decision purely for personal reasons. That it was time for him to move on, he said, to other endeavors, after serving as deputy director of the CIA for more than four years, and in recent months as the acting director.

The statement also talking about, how he says it's been a privilege and an honor to be a part, to help lead the CIA and the broader intelligence community, but that announcement coming just yesterday. John McLaughlin going to be retiring in December.

CALLAWAY: Thank you, Elaine.

Elaine Quijano, lots of controversy going on in the CIA, top- level management, with the resignation yesterday.

Thank you, Elaine.

HARRIS: Is peace possible in the Middle East? A question for former U.S. senator, turned peace negotiator, George Mitchell. He joins us live from New York in the next hour of CNN SATURDAY MORNING.

Now to a controversy involving children and TASER guns. The guns control the suspect with thousands of volts of electricity. Police departments say they are a safe alternative, but is using the weapons in an elementary school going too far? Susan Candiotti has the story.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN CORRESPONDENT (voice over): A five-second 50,000-volt jolt from a TASER can drop a full-grown man in a heartbeat. It does the same to a six-year-old child.

Three weeks ago police TASERed this boy in a Miami area public school.

UNIDENTIFIED MALE: It caused no injury to him, no injury to anybody else, and it stopped the situation.

CANDIOTTI: A Miami-Dade police report described the youngster as mentally disturbed, highly agitated and smearing blood over his face. Miami-Dade police say the first-grader was holding a security guard at bay with a piece of glass.

(On camera): According to the police report, at least four adults were there, a school resource officer, a security guard, and two police officers. One of the two officers, says the report, called a superior, and got clearance to TASER the six-year-old boy.

"When they did that to him," says the boy's great-grandmother, "he fell to the floor and vomited."

Police defend their actions.

DET. JUAN DEL CASTILLO, MIAMI-DADE FLORIDA POLICE: Our main concern was that he was going to hurt himself with that piece of glass.

CANDIOTTI: A police official, who did not want to be identified, called TASERing a six-year-old, unbelievable.

UNIDENTIFIED FEMALE: They can restrain them with their hands, or any other thing, not with that.

CANDIOTTI: Parents and child advocates are demanding answers.

BENJAMIN EALOUS, AMNESTY INTERNATIONAL: Why four grownups couldn't swarm the kid and grab him and restrain him it doesn't make any sense.

CANDIOTTI: "It's bad," says the boy's great grandmother. "The police were doing their job." Then she adds, "But they made a mistake."

TASERs are being used in schools nationwide. In rural Putnam County, Florida, TASERs deployed five times this year in middle and high schools.

JAMAL CURTIS, TASERED STUDENT: It felt bad. It's just like downright pain.

CANDIOTTI: Jamal Curtis, and his sister, a honor roll students, among those jolted for alleged violent behavior. School officials insist TASERS are far less harmful than batons and pepper spray.

KARNE HUGHES, PRINCIPAL, PALATKA H.S.: If they are not going to respect authority and do what they're asked to do, then force sometimes has to be used.

CANDIOTTI: TASER International maintains its weapons are tested as the safest way to subdue anyone who weighs at least 60 pounds. But they remain a controversial way of policing children, especially those of a very tender age. Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

HARRIS: Scott Peterson could possibly spend the rest of his life in prison, or he could face the death penalty. Coming up in our "Legal Brief", the next phase of the Peterson case. CALLAWAY: And coming up at the bottom of the hour, "House Call" looks at what you can it to fight heart disease.

(BEGIN VIDEO CLIP)

GERRI WILLIS, CNN ANCHOR, OPEN HOUSE (voice over): Finding the right home inspector can save you lots of money, but be wary of referrals given to you by your real estate agent.

Instead, check out the American Society of Home Inspectors Web site to find a reliable professional. Members of this group are required to conduct at least 250 paid inspections.

Simply go to www.ashi.org, go to, find an inspector, enter your location and you'll get an extensive list of qualified home in inspectors in your area. I'm Gerri Willis and that is your "Tip of the Day".

(END VIDEO CLIP)

(COMMERCIAL BREAK)

CALLAWAY: It's an intriguing question: Can there be peace in the Middle East after the death of PLO Leader Yasser Arafat? Coming up new next hour, we'll put that question to former U.S. senator and peace negotiator George Mitchell. He joins us live next hour, 9:00 a.m. Eastern Time on CNN SATURDAY MORNING.

(COMMERCIAL BREAK)

CALLAWAY: Good morning, New Orleans. About half way between the Big Easy and Baton Rouge, the City of Thibodeaux.

HARRIS: Thibodeaux?

CALLAWAY: Thibodeaux, have you ever been to Thibodeaux? Fall festival going on there. Let's check in with Rob and see what the weather's like.

(NEWSBREAK)

HARRIS: Checking our top stories, this is Saturday morning, life behind bars or death, that's what Scott Peterson is now facing after a California jury convicted him of killing his pregnant wife and unborn son. The penalty phase of Peterson's trial starts on November 22.

In Iraq, fighting the holdouts, U.S. forces are battling the remaining pockets of insurgents in Falluja. Meantime, there's a new audiotape out said to be from terror leader Abu Masab Al-Zarqawi. The tape tells insurgents to keep fighting.

In the West Bank, paying tribute to the past and looking ahead to the future, top Palestinian official have laid wreaths at Yasser Arafat tomb. They plan to hold elections for a new leader before January 9. CALLAWAY: The next phase of Scott Peterson's life could be spent behind bars. Today in our "Legal Briefs", we look ahead to his sentencing. Stay with us for that.

(COMMERCIAL BREAK)

CALLAWAY: The story of the tragic death of Laci Peterson is nearing its conclusion now, after seven days of deliberations and two jury members dismissed in two days, Scott Peterson is found guilty of two counts of murder. The same jury begins deliberating Peterson's fate in just 10 days.

Let's begin our panel for a legal discussion this morning.

Good morning to former prosecutor Nelda Blair, in Oklahoma City.

NELDA BLAIR, FMR. PROSECUTOR: Good morning.

CALLAWAY: Good morning to you.

Her nemesis, in Washington, civil liberties attorney Lida Rodriguez-Tassef.

Thank you both for being with us today.

LIDA RODRIGUEZ-TASSEF, CIVIL LIBERTIES ATTORNEY: Good morning.

CALLAWAY: Nelda, let me start with you. The jury deliberated some six hours, came back with a guilty verdict, this comes so quickly after they dismissed a jury member, leaves some people to think that he was the holdout for the not guilty verdict.

BLAIR: It certainly looks that way. There's no question some people are going to think that.

But this jury deliberated over a week, they didn't deliberate for just seven days. The huge majority of this jury had been together for a very long time, gone over mounds of evidence, asked for review of evidence. As I have always said, I think they were smart, analytical and I think they did just what they had planned to do from the beginning.

CALLAWAY: Lida, the two jury members dismissed, is this unusual, is this possibly grounds for an appeal?

RODRIGUEZ-TASSEF: Downright, unusual, rare and absolutely grounds for an appeal.

Nelda, you're focusing on the wrong thing. The issue isn't so much how long the jury deliberated but the issue is that irony of ironies, surprisingly enough, as soon as the sole holdout is removed, all of a sudden, all impediments to a mistrial are removed and the jury convicts.

What this teaches us is one simple thing, this juror was removed not for misconduct, not for doing something wrong, but simply because he was the holdout. The judge should have declared a mistrial and started over rather than bumping him and putting somebody in what who would convict.

CALLAWAY: For what grounds could you dismiss a jury member when you're already into deliberations, Nelda?

BLAIR: In California, and understand this is unusual, California has a law that allows the judge to dismiss a juror for specific misconduct. And in this case, what's been speculated and reported is that this juror was doing independent research, which is not allowed.

Jurors are supposed to decide the case on what they are presented in court, not what they think or what they independently do outside of the courtroom. And the judge has absolutely every power, Lida, you know that, in California to dismiss him. You're speculating that he was the only holdout, and we don't know that.

CALLAWAY: There is lots of speculation and this case has been from the beginning, now we're speculating on a possible sentence. Not a lot of time this morning, let's go right to the sentencing phase, which is where they will be coming up in 10 days. Is there going to be confusion on what the sentencing should be with a first-degree murder conviction, and a second-degree murder conviction?

And Lida, you start on this one.

RODRIGUEZ-TASSEF: Yes, this is the penalty phase. The jury will be considering whether or not to suggest to the judge that Scott Peterson should be sentenced to die.

The only issue here then is whether or not he will be sentenced to death. The jury will consider aggravating circumstances and mitigating circumstances in making that determination.

BLAIR: But you know what, what's going to happen with this? It's not confusing between the first-degree and second-degree murder. What the jury has to decide is the first-degree murder, the murder of Laci can carry the death penalty, because Scott killed two people at the same time, one of them whom was a baby.

In California, that is the possible capital offense. We reserve the death penalty for the most heinous, serious crimes. I think this qualifies.

CALLAWAY: In our last question here, what do you think led to the prosecution's victory? A lot of circumstantial evidence, there's no murder weapon, not sure how exactly she died. What do you think led to it, was it the phone calls with Amber, was it the body being found near where Scott said he went fishing?

RODRIGUEZ-TASSEF: Well, you know it, depends. I think there are two things that led to this conviction. Number one, the pretrial publicity that basically tried Scott Peterson, in the media, before he was even put in front of a jury.

And then, of course, secondly, there was the rush or the desire to remove a juror that should not have been removed, and possibly created a situation for reversal on appeal. So this conviction will not stand, I guarantee you.

CALLAWAY: Nelda is shaking her head.

BLAIR: Oh, Lida. Shame on you, Lida. You have to admit that at this point, the prosecution put together a great circumstantial case, brick by brick, they built that wall against Scott Peterson and they were very successful and good in doing it. Give them the credit.

CALLAWAY: All right, thank you both this morning, Nelda Blair, Lida Rodriguez-Tassef, what will we follow now this case is coming to an end?

RODRIGUEZ-TASSEF: We'll find something.

CALLAWAY: All right, thank you very much.

HARRIS: Well, a hearing to determine whether John Hinckley, Jr. will be allowed more time away from a mental hospital could hinge on his former girlfriend.

Government psychiatrists want to get a better fix on how he's handling their breakup. Hinckley has been at the Washington hospital since he shot President Reagan and three others in 1981. His girlfriend was a patient there, too.

And, Catherine, we've been asking folks to send us e-mail on our question, do you believe Scott Peterson received a fair trial? And folks have been doing a little bit of venting. We'll get to some of those e-mails next hour.

We do have one that we can squeeze in here before we leave.

"It is hard to believe," this is from Joy, "It is hard to believe that anyone could get a fair and an unbiased trial. The media coverage on this trial was so excessive, finding jurors that could truly be unprejudiced is unlikely." And that is from Joy, and we encourage you to send the e-mails.

CALLAWAY: And we'll read them.

HARRIS: Yes, absolutely.

CALLAWAY: Stay with us, everyone. Is peace possible in the Middle East? A question we'll be asking former U.S. Senator George Mitchell, joining us next hour.

Straight ahead on "House Call," what you need to know in the battle against heart disease. I'm Tony Harris.

CALLAWAY: And I'm Catherine Calloway. "House Call" with Elizabeth Cohen is up next.

(COMMERCIAL BREAK) CALLAWAY: "Now in the News": A new audio type incites Iraqi insurgents to burn the earth under the invaders. The tape, purportedly, from wanted terrorist Abu Masab Al-Zarqawi, surfaced on an Islamic Web site. CNN has been unable to determine if the tape is genuine or when it was made.

U.S. Troops continue battling remaining pockets of insurgents in Falluja. Small groups of rebel fighters have begun to surrender in the northeast section of Falluja, where the U.S. military is in control.

And 13 years after the Gulf War ended, the VA is reassessing the cause of Gulf War Syndrome. Thousands of veterans suffer mysterious ailments. The government will stop funding studies that focus only on combat stress as the primary cause.

"House Call" begins right now.

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 November 13, 2004 - 08:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
TONY HARRIS, CNN ANCHOR, CNN SATURDAY MORNING: Oh, good morning everyone. From the CNN Center, this is CNN SATURDAY MORNING. It's November 13th, 8:00 a.m., here at the CNN headquarters in Atlanta. And 5:00 a.m. on the West Coast. I'm Tony Harris.
CATHERINE CALLAWAY, CNN ANCHOR: I'm Catherine Callaway in for Betty this morning. Thank you for being with us.

A new audiotape, reportedly from wanted terrorist leader Abu Masab Al-Zarqawi surfaces on an Islamic Web site. The voice on the tape urges insurgents to press on with their fight in Falluja. It is unclear when the tape was made and CNN cannot confirm if it is authentic.

Meanwhile, the battle for the Sunni Triangle city of Falluja goes on this morning. U.S. led troops took to their fight against insurgents holed out in the southern part of the city. A U.S. military commander says they expect to have complete control of that area later today. Now there are plans to bring in water and food for civilians there.

In Afghanistan, three U.N. workers remain hostages of the Taliban faction despite hopes they'd be freed by today. The kidnappers threaten to kill the hostages because of America's refusal to release more than two dozen Taliban suspects.

And mourners, including Palestinian officials, filed past Yasser Arafat's tomb for a second day today. The Palestinian leader was laid to rest in a highly emotional burial at his Ramallah compound yesterday. Palestinian officials say they will hold elections for a new leader before January 9th.

HARRIS: Here's what we've got coming up for you this hour. Scott Peterson's fate, it is now in the hands of a jury that convicted him.

The streets of Falluja still echo with the sounds of battle, but those echoes could be growing softer.

And in Miami, police sparked controversy. You might not believe who found himself on the receiving end of a TASER gun.

And to our top story: Plowing farther in, that is what U.S. forces are doing in the Iraqi city of Falluja. Meantime, insurgents appear to be making a last stand. CNN's Jane Arraf is embedded with U.S. troops near Falluja and she joins us by phone. Hello, Jane.

JANE ARRAF, CNN INTERNATIONAL CORRESPONDENT: Hi, Tony.

We're actually well in Falluja. We headed toward the southern sector. We have been with the U.S. forces as they came for the first time, into this part town. And they are continuing to move into areas that no U.S. troops have been in since April.

We're moving now, but this last area is considered to be one of the last strong points of organized resistance. They have been dropping 500-pound bombs and (UNINTELLIGIBLE) in and around that area, as well as launching artillery. Some of the targets are spider holes, hiding places, where snipers are popping up from. Tunnels laid across entire streets, buildings used by insurgents. Buildings designed to explode.

As they go through the streets, they have been finding more weapons, more explosives, more hiding places, and that's what they're concentrating on now, Tony.

HARRIS: Jane, compare the intensity of the fighting that you see now, to what you've seen so far?

ARRAF: The intensity certainly was strongest at the start. There were pockets of resistance (AUDIO GAP)

Even at the formal start of this battle, they were launching artillery, air attacks and other attacks into the city to soften up the insurgents (UNINTELLIGIBLE) forward with tanks and the troops we are with.

The intensity probably not quite as much, but they are still facing sporadic intense gunfire ever time they move through these streets, practically. There are still spots where insurgents are hiding and it's very easy to hide in these areas. The battle is by no means over -- Tony.

HARRIS: Jane, we know most of the civilians are out of that area. Are you running into any folks who are hard to discern as to whether or not they are actual insurgents or actual civilians of Falluja? Or is it pretty clear at this point, that the people you are running into are in fact insurgents?

ARRAF: There is still concern that there are civilians, Tony. In the sectors of town that we are in, again, these are the insurgents strongholds, where insurgents have been preparing for weeks and months, perhaps for this day.

Civilians were essentially chased away. As we go into buildings, in some of them we find things like photographs, toys, copies of the Koran, but most of them have been abandoned long ago. Not even the bedding remains. We have not seen a single civilian. The only people we have seen are the dead suspected insurgents.

And insurgents, (UNINTELLIGIBLE) top of rooftops to shoot at us. Now, in other parts of the city (AUDIO GAP) people, this morning, who told us that Iraqi forces are encountering, for the first time, civilians coming out of their homes to ask for help. It does not appear to be a humanitarian crisis, to put it that way, but there are people there, without electricity, without running water for six days now. The need supplies and some of them need medical help -- Tony.

HARRIS: Jane Arraf, in the heat of the fight, near Falluja.

Jane, thank you.

The battle in Iraq is being waged on several fronts. For the latest on the fighting and broader conflict log onto CNN.com.

CALLAWAY: A meeting of the minds and of old friends. President Bush and British Prime Minister Tony Blair met in the White House on Friday, with the Middle East one of the key topics of discussion. For more on the Bush/Blair meeting, we turn to CNN's Elaine Quijano who is live in Washington for us this morning

Hello, Elaine.

ELAINE QUIJANO, CNN WHITE HOUSE CORRESPONDENT: Hello to you, Catherine.

That's right, British Prime Minister Tony Blair's visit to Washington had already been scheduled even before the death of Yasser Arafat this week, but that development made the discussions on the Middle East even more timely, even more pressing.

Appearing before reporters in the East Room of the White House, President Bush and Prime Minister Blair reaffirmed their commitment to the so-called road map for peace, which calls for a two-state solution in the Israeli/Palestinian conflict.

And in a joint statement, the prime minister and president also made clear they support Palestinian elections to choose a new president within the next 60 days.

Now, about the time frame, when a reporter asked President Bush whether his intention was to have two states, one Palestinian and one Israeli, existing side by side, by the end of his second term, here is how President Bush responded.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I think it is fair to say that I believe we've got a great chance to establish a Palestinian state and I intend to use the next four years to spend the capital of the United States on such a state.

(END VIDEO CLIP)

QUIJANO: Now besides the Israeli-Palestinian conflict, another big topic, of course, Iraq. Prime Minister Blair has vigorously supported President Bush and the military efforts there. Britain continues to be America's strongest ally.

Now yesterday the president said progress is being made in the fight against insurgents. And for his part, British Prime Minister Tony Blair talking about the larger war on terror, said that the objectives and the aims of the U.S. are the same as those of Britain -- rather -- are the same of those of the United States. And that is why, he says, Britain continues to stand side by side with the U.S. -- Catherine?

CALLAWAY: Elaine, on another topic this morning, there's news of movement at the top level of the CIA. Can you tell us about that situation?

QUIJANO: That's right, an announcement coming yesterday that the deputy director of the CIA, John McLaughlin, going to be leaving his post. Now, the word is that he is retiring. A statement issued yesterday, by McLaughlin, saying that he came to the decision purely for personal reasons. That it was time for him to move on, he said, to other endeavors, after serving as deputy director of the CIA for more than four years, and in recent months as the acting director.

The statement also talking about, how he says it's been a privilege and an honor to be a part, to help lead the CIA and the broader intelligence community, but that announcement coming just yesterday. John McLaughlin going to be retiring in December.

CALLAWAY: Thank you, Elaine.

Elaine Quijano, lots of controversy going on in the CIA, top- level management, with the resignation yesterday.

Thank you, Elaine.

HARRIS: Is peace possible in the Middle East? A question for former U.S. senator, turned peace negotiator, George Mitchell. He joins us live from New York in the next hour of CNN SATURDAY MORNING.

Now to a controversy involving children and TASER guns. The guns control the suspect with thousands of volts of electricity. Police departments say they are a safe alternative, but is using the weapons in an elementary school going too far? Susan Candiotti has the story.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN CORRESPONDENT (voice over): A five-second 50,000-volt jolt from a TASER can drop a full-grown man in a heartbeat. It does the same to a six-year-old child.

Three weeks ago police TASERed this boy in a Miami area public school.

UNIDENTIFIED MALE: It caused no injury to him, no injury to anybody else, and it stopped the situation.

CANDIOTTI: A Miami-Dade police report described the youngster as mentally disturbed, highly agitated and smearing blood over his face. Miami-Dade police say the first-grader was holding a security guard at bay with a piece of glass.

(On camera): According to the police report, at least four adults were there, a school resource officer, a security guard, and two police officers. One of the two officers, says the report, called a superior, and got clearance to TASER the six-year-old boy.

"When they did that to him," says the boy's great-grandmother, "he fell to the floor and vomited."

Police defend their actions.

DET. JUAN DEL CASTILLO, MIAMI-DADE FLORIDA POLICE: Our main concern was that he was going to hurt himself with that piece of glass.

CANDIOTTI: A police official, who did not want to be identified, called TASERing a six-year-old, unbelievable.

UNIDENTIFIED FEMALE: They can restrain them with their hands, or any other thing, not with that.

CANDIOTTI: Parents and child advocates are demanding answers.

BENJAMIN EALOUS, AMNESTY INTERNATIONAL: Why four grownups couldn't swarm the kid and grab him and restrain him it doesn't make any sense.

CANDIOTTI: "It's bad," says the boy's great grandmother. "The police were doing their job." Then she adds, "But they made a mistake."

TASERs are being used in schools nationwide. In rural Putnam County, Florida, TASERs deployed five times this year in middle and high schools.

JAMAL CURTIS, TASERED STUDENT: It felt bad. It's just like downright pain.

CANDIOTTI: Jamal Curtis, and his sister, a honor roll students, among those jolted for alleged violent behavior. School officials insist TASERS are far less harmful than batons and pepper spray.

KARNE HUGHES, PRINCIPAL, PALATKA H.S.: If they are not going to respect authority and do what they're asked to do, then force sometimes has to be used.

CANDIOTTI: TASER International maintains its weapons are tested as the safest way to subdue anyone who weighs at least 60 pounds. But they remain a controversial way of policing children, especially those of a very tender age. Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

HARRIS: Scott Peterson could possibly spend the rest of his life in prison, or he could face the death penalty. Coming up in our "Legal Brief", the next phase of the Peterson case. CALLAWAY: And coming up at the bottom of the hour, "House Call" looks at what you can it to fight heart disease.

(BEGIN VIDEO CLIP)

GERRI WILLIS, CNN ANCHOR, OPEN HOUSE (voice over): Finding the right home inspector can save you lots of money, but be wary of referrals given to you by your real estate agent.

Instead, check out the American Society of Home Inspectors Web site to find a reliable professional. Members of this group are required to conduct at least 250 paid inspections.

Simply go to www.ashi.org, go to, find an inspector, enter your location and you'll get an extensive list of qualified home in inspectors in your area. I'm Gerri Willis and that is your "Tip of the Day".

(END VIDEO CLIP)

(COMMERCIAL BREAK)

CALLAWAY: It's an intriguing question: Can there be peace in the Middle East after the death of PLO Leader Yasser Arafat? Coming up new next hour, we'll put that question to former U.S. senator and peace negotiator George Mitchell. He joins us live next hour, 9:00 a.m. Eastern Time on CNN SATURDAY MORNING.

(COMMERCIAL BREAK)

CALLAWAY: Good morning, New Orleans. About half way between the Big Easy and Baton Rouge, the City of Thibodeaux.

HARRIS: Thibodeaux?

CALLAWAY: Thibodeaux, have you ever been to Thibodeaux? Fall festival going on there. Let's check in with Rob and see what the weather's like.

(NEWSBREAK)

HARRIS: Checking our top stories, this is Saturday morning, life behind bars or death, that's what Scott Peterson is now facing after a California jury convicted him of killing his pregnant wife and unborn son. The penalty phase of Peterson's trial starts on November 22.

In Iraq, fighting the holdouts, U.S. forces are battling the remaining pockets of insurgents in Falluja. Meantime, there's a new audiotape out said to be from terror leader Abu Masab Al-Zarqawi. The tape tells insurgents to keep fighting.

In the West Bank, paying tribute to the past and looking ahead to the future, top Palestinian official have laid wreaths at Yasser Arafat tomb. They plan to hold elections for a new leader before January 9. CALLAWAY: The next phase of Scott Peterson's life could be spent behind bars. Today in our "Legal Briefs", we look ahead to his sentencing. Stay with us for that.

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CALLAWAY: The story of the tragic death of Laci Peterson is nearing its conclusion now, after seven days of deliberations and two jury members dismissed in two days, Scott Peterson is found guilty of two counts of murder. The same jury begins deliberating Peterson's fate in just 10 days.

Let's begin our panel for a legal discussion this morning.

Good morning to former prosecutor Nelda Blair, in Oklahoma City.

NELDA BLAIR, FMR. PROSECUTOR: Good morning.

CALLAWAY: Good morning to you.

Her nemesis, in Washington, civil liberties attorney Lida Rodriguez-Tassef.

Thank you both for being with us today.

LIDA RODRIGUEZ-TASSEF, CIVIL LIBERTIES ATTORNEY: Good morning.

CALLAWAY: Nelda, let me start with you. The jury deliberated some six hours, came back with a guilty verdict, this comes so quickly after they dismissed a jury member, leaves some people to think that he was the holdout for the not guilty verdict.

BLAIR: It certainly looks that way. There's no question some people are going to think that.

But this jury deliberated over a week, they didn't deliberate for just seven days. The huge majority of this jury had been together for a very long time, gone over mounds of evidence, asked for review of evidence. As I have always said, I think they were smart, analytical and I think they did just what they had planned to do from the beginning.

CALLAWAY: Lida, the two jury members dismissed, is this unusual, is this possibly grounds for an appeal?

RODRIGUEZ-TASSEF: Downright, unusual, rare and absolutely grounds for an appeal.

Nelda, you're focusing on the wrong thing. The issue isn't so much how long the jury deliberated but the issue is that irony of ironies, surprisingly enough, as soon as the sole holdout is removed, all of a sudden, all impediments to a mistrial are removed and the jury convicts.

What this teaches us is one simple thing, this juror was removed not for misconduct, not for doing something wrong, but simply because he was the holdout. The judge should have declared a mistrial and started over rather than bumping him and putting somebody in what who would convict.

CALLAWAY: For what grounds could you dismiss a jury member when you're already into deliberations, Nelda?

BLAIR: In California, and understand this is unusual, California has a law that allows the judge to dismiss a juror for specific misconduct. And in this case, what's been speculated and reported is that this juror was doing independent research, which is not allowed.

Jurors are supposed to decide the case on what they are presented in court, not what they think or what they independently do outside of the courtroom. And the judge has absolutely every power, Lida, you know that, in California to dismiss him. You're speculating that he was the only holdout, and we don't know that.

CALLAWAY: There is lots of speculation and this case has been from the beginning, now we're speculating on a possible sentence. Not a lot of time this morning, let's go right to the sentencing phase, which is where they will be coming up in 10 days. Is there going to be confusion on what the sentencing should be with a first-degree murder conviction, and a second-degree murder conviction?

And Lida, you start on this one.

RODRIGUEZ-TASSEF: Yes, this is the penalty phase. The jury will be considering whether or not to suggest to the judge that Scott Peterson should be sentenced to die.

The only issue here then is whether or not he will be sentenced to death. The jury will consider aggravating circumstances and mitigating circumstances in making that determination.

BLAIR: But you know what, what's going to happen with this? It's not confusing between the first-degree and second-degree murder. What the jury has to decide is the first-degree murder, the murder of Laci can carry the death penalty, because Scott killed two people at the same time, one of them whom was a baby.

In California, that is the possible capital offense. We reserve the death penalty for the most heinous, serious crimes. I think this qualifies.

CALLAWAY: In our last question here, what do you think led to the prosecution's victory? A lot of circumstantial evidence, there's no murder weapon, not sure how exactly she died. What do you think led to it, was it the phone calls with Amber, was it the body being found near where Scott said he went fishing?

RODRIGUEZ-TASSEF: Well, you know it, depends. I think there are two things that led to this conviction. Number one, the pretrial publicity that basically tried Scott Peterson, in the media, before he was even put in front of a jury.

And then, of course, secondly, there was the rush or the desire to remove a juror that should not have been removed, and possibly created a situation for reversal on appeal. So this conviction will not stand, I guarantee you.

CALLAWAY: Nelda is shaking her head.

BLAIR: Oh, Lida. Shame on you, Lida. You have to admit that at this point, the prosecution put together a great circumstantial case, brick by brick, they built that wall against Scott Peterson and they were very successful and good in doing it. Give them the credit.

CALLAWAY: All right, thank you both this morning, Nelda Blair, Lida Rodriguez-Tassef, what will we follow now this case is coming to an end?

RODRIGUEZ-TASSEF: We'll find something.

CALLAWAY: All right, thank you very much.

HARRIS: Well, a hearing to determine whether John Hinckley, Jr. will be allowed more time away from a mental hospital could hinge on his former girlfriend.

Government psychiatrists want to get a better fix on how he's handling their breakup. Hinckley has been at the Washington hospital since he shot President Reagan and three others in 1981. His girlfriend was a patient there, too.

And, Catherine, we've been asking folks to send us e-mail on our question, do you believe Scott Peterson received a fair trial? And folks have been doing a little bit of venting. We'll get to some of those e-mails next hour.

We do have one that we can squeeze in here before we leave.

"It is hard to believe," this is from Joy, "It is hard to believe that anyone could get a fair and an unbiased trial. The media coverage on this trial was so excessive, finding jurors that could truly be unprejudiced is unlikely." And that is from Joy, and we encourage you to send the e-mails.

CALLAWAY: And we'll read them.

HARRIS: Yes, absolutely.

CALLAWAY: Stay with us, everyone. Is peace possible in the Middle East? A question we'll be asking former U.S. Senator George Mitchell, joining us next hour.

Straight ahead on "House Call," what you need to know in the battle against heart disease. I'm Tony Harris.

CALLAWAY: And I'm Catherine Calloway. "House Call" with Elizabeth Cohen is up next.

(COMMERCIAL BREAK) CALLAWAY: "Now in the News": A new audio type incites Iraqi insurgents to burn the earth under the invaders. The tape, purportedly, from wanted terrorist Abu Masab Al-Zarqawi, surfaced on an Islamic Web site. CNN has been unable to determine if the tape is genuine or when it was made.

U.S. Troops continue battling remaining pockets of insurgents in Falluja. Small groups of rebel fighters have begun to surrender in the northeast section of Falluja, where the U.S. military is in control.

And 13 years after the Gulf War ended, the VA is reassessing the cause of Gulf War Syndrome. Thousands of veterans suffer mysterious ailments. The government will stop funding studies that focus only on combat stress as the primary cause.

"House Call" begins right now.

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