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CNN Saturday Morning News

Legal Briefs with Lida Rodriguez-Taseff, Nelda Blair

Aired January 29, 2005 - 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: That next hour of CNN SATURDAY MORNING begins right now.
From the CNN center, this is CNN SATURDAY MORNING." It's January 29, 8:00 a.m. right here at CNN headquarters in Atlanta, 4:00 p.m. in Baghdad where they'll begin voting later today. Good morning, I'm Betty Nguyen.

TONY HARRIS, CNN ANCHOR: I'm Tony Harris. Thank you for being with us.

Lets check head lines "Now in the News."

Fresh violence in Iraq this morning. In the run up to the national election Two bombs went off at a joint U.S.-Iraqi military facility near the Iranian border killing at least eight Iraqis. Meantime mortars were fired in eastern Baghdad. Also gunmen attacked a police station in a Baghdad suburb, wounding two officers. We'll have a live report from the Iraqi capital in less than a minute.

Slip sliding away, the southeast braces for the worst, freezing rain has already glazed -- that's going to leave a mark. Glazed roads and power lines in some areas with a coat of ice. Utility crews are on the alert for black-outs as they face the threat of a major ice storm today. Meantime up to four inches of snow could fall across South Carolina.

He was scheduled to die in Connecticut early this morning but Michael Ross is still alive. The execution of the convicted serial killer has been post appointed until Monday that is after a lawyer cite add possible conflict of interest and asked for a last-minute delay.

A big mix up at a major government nuclear lap, it turns out two computer disks listed as missing last summer from the Los Alamos National Lab never even existed, so says the Department of Energy. The disk issue had prompted a virtual shutdown of a New Mexico lab.

NGUYEN: Here's what we have coming up this hour. A historic weekend. Iraqis around the world are already casting their ballots and there are fellow countrymen are gearing up to do the same back home. We'll take you live to Baghdad.

Plus, back here in the U.S., Dixie in a deep freeze. A winter storm brings snow and ice to the southeast, stranding travelers. Our Rob Marciano has the forecast.

And gripping testimony against a defendant who's been at the center of the clergy sex abuse scandal. Our legal analysts weigh in.

HARRIS: Well we know the Iraqis are voting this weekend, but just what are they voting for? The ballot's long but it boils down to this. Voters inside and outside of Iraq will pick a 275 national member assembly. They'll cast a single ballot for a list of candidates. Parties and coalitions will be awarded seats based on the proportion of votes their list receives. The Iraqis are also picking local leaders. They'll vote for members of 18 provincial councils. And in northern Iraq people in the semi-autonomous Kurdish region will cast ballots for a Kurdish parliament.

NGUYEN: Across Iraq and around the globe, CNN correspondents are keeping tabs on this historic election weekend. Expectations are high and so is the security. We want to go live to Baghdad and our Jeff Koinange who joins us with the latest there.

It has already been a violent day, Jeff.

JEFF KOINANGE, CNN CORRESPONDENT: It has indeed, Betty. And I remember when it was just 15 months to elections and even 15 days. But now we are barely 15 hours before polls open across this country. And Iraq resembles more of a country preparing for war than one preparing to go to elections. Security is unprecedented across the country. But that didn't prevent a suicide bomber from strapping himself from explosives, walking up to the gates of a military complex and exploding himself. In the commotion an improvised explosive device went off killing eight people, wounding several others.

Here in Baghdad, insurgents fired on a police station and attacked it and injured two Iraqi policemen and made off with a stolen police car. Now, why is then significant, well, on election day only certain vehicles will be allowed in or near polling centers. Insurgents stealing a police car not a good sign. But having said that, security across this city extremely tight. Both Iraqi and U.S. soldiers on the streets of Baghdad in tanks, in Humvees, at checkpoints searching vehicles, and drivers alike. Making sure that no loopholes are created in the run-up to this election. Iraqis staying away from the streets, heeding the call to stay in their homes on this day. But everyone is anticipating a large turn-out, at least 50 percent of the 13 million or so registered voters -- Betty.

NGUYEN: Of course, we will be watching. CNN's Jeff Koinange in Baghdad for us today. Thank you, Jeff.

HARRIS: Lockdown -- Iraqi police and U.S. troops are closing down bridges across Baghdad on the eve of the national election. It's just one part of the extraordinary security steps being taken across the nation.

Joining us now from the Baghdad Convention Center is Lieutenant General John Kiszely, second in command of the British Army ground operations. Generally, good to see you. Thanks for taking the time to talk to us. LT. GEN. JOHN KISZELY, BRITISH ARMY: Good.

HARRIS: Give us your assessment, we're just 15 or so hours away, as Jeff just mentioned a just a moment ago, from the elections. Give us a status report, if you would, right now.

KISZELY: Well, I think the mood here in Baghdad amongst Iraqis is enthusiastic for these elections. The mood here is very much they want to vote, and that's what all the statistics are telling us. They -- obviously there are some insurgents and terrorists, a minority of a minority who are trying to stop them. But to be honest these terrorists or insurgents are not offering a future to the Iraqi people, just a return to the past. As far as I'm concerned these elections represent a bridge for the Iraqi people, and that's a bridge to the future and a bridge worth defending.

HARRIS: General, take me to the neighborhood level, and give me a sense, if I were to walk some of these streets leading up to polling places, give me a look, if you would, at security. What would it look like?

KISZELY: As you approach the polling stations, you'll find well before you get there, coalition forces providing area security. You will then find a middle ring of security, probably Iraqi National Guard or Iraqi Army. And then right outside the polling station you'll find a small attachment of the Iraqi police force, and they will be there searching people before they go into those polling stations. So the security is both area and point security. And as your correspondents have noted it's pretty tight.

HARRIS: General, I know you're watching for insurgent activity, but you are also, I would imagine, keeping a close eye on Iraqi security as well.

Do you believe that you have some infiltrators in the ranks?

KISZELY: Of course, that's always possible. But you know, the Iraqi security forces that I've seen, they are increasing in number and quality every day. I have seen them perform some great actions out here. And that's going to be a worry to the insurgents. Every week, every month, the Iraqi security forces get stronger. Already we have 24 battalions of the Iraqi Army, next month it is 27. There are 40 over battalions of the national guard, as well. So, that's giving the insurgents, terrorist quite a lot to think about.

HARRIS: Lieutenant General John Kiszely, thank you for taking the time this morning.

KISZELY: Thank you.

NGUYEN: In this country Nashville is one of just a handful of U.S. cities where Iraqi ex-patriots can cast their ballots. CNN's Denise Belgrave is live in music city where Iraqi natives are definitely not singing the blues today. Hey there Denise.

DENISE BELGRAVE, CNN CORRESPONDENT: Good morning, Betty. I'm here in Nashville, Tennessee, and as you can tell it's a cold and wet morning here. This is one of five stations across the United States where Iraqi ex-patriots are coming to cast their ballots. This is actually the second day of voting. And if you look behind me, you can see where they will cast their ballots. Although this station is not open just yet. The mood here we're told yesterday was extremely optimistic.

(BEGIN VIDEO CLIP)

AYAD BARZANI, IRAQI VOTER FROM DALLAS: Today, is the happiest day in my life after I'm 42-years-old. And this is the first time ever I will able to vote for my country, and I'm very proud. And I travel from Dallas, Texas, to Nashville, Tennessee, this is my duty. My vote could make a difference in the new Iraqis.

(END VIDEO CLIP)

BELGRAVE: It's a very slow and steady pace. Yesterday, about a quarter of the 4,000 people who signed up to vote here came and voted yesterday. They're hoping that the weather is not going to dissuade other people from showing up today and tomorrow to vote in this, the first Democratic election for Iraqis in almost half a century -- Betty.

NGUYEN: Yes, it looks like there's going to be about a 25 percent voter turn-out. Denise Belgrave, we thank you for that report this morning -- Tony.

HARRIS: Perhaps nowhere will the Iraq election be watched more closely than the White House. The Bush administration stake in the success of this vote is second only to the Iraqis themselves.

CNN's Elaine Quijano has a live report from the White House. Good morning, Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Good morning to you, Tony. That's right, underscoring just how much the Bush administration has at stake, how important these elections are, President Bush has chosen not to spend the weekend at the presidential retreat at Camp David instead, deciding to remain here at the White House where aides say he will be closely monitoring the election receiving updates as needed. Now, yesterday in his public remarks to Congressional Republicans at their retreat in West Virginia, President Bush reiterated some themes that he stressed during his inaugural speech about freedom. And he also previewed the ideas he'll be emphasizing when he delivers the State of the Union Address on Wednesday.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I look forward to addressing the nation. I will remind the country we're still at war. And I want to thank you the Congress for providing the necessary support for our troops who are in harm's way. I will also tell the people once again that I strongly believe that the way to defeat hatred and terrorism is to spread freedom. And I believe everybody in the world deserves to be free. (END VIDEO CLIP)

QUIJANO: Now, officials here are well aware these elections are a critical test for the Bush administration, specifically for President Bush's vision of spreading democracy worldwide. But Tony, officials at the same time emphasizing they believe that just holding elections at all in Iraq is a sign of significant progress -- Tony.

HARRIS: Elaine Quijano at the White House this morning. Elaine, thank you.

NGUYEN: We want to know what you think. Is Iraqi worth the American sacrifice?

That's our e-mail question of the day. And we'll be reading those responses all morning long. In the meantime, send in those responses to wam@cnn.com.

HARRIS: Night sweats and nightmares allegedly caused by memories of this man, (UNINTELLIGIBLE) Catholic Priest, Paul Shanley. Ahead in our legal briefs, testimony about memories of abuse, why some say they should not -- should not be admitted in court.

NGUYEN: And at the bottom of the hour, we are at the height of the flu season.

So, how are we doing? Dr. Sanjay Gupta answers that question in just a bit.

ROB MARCIANO, CNN METEOROLOGIST: I'm Rob Marciano at the CNN weather center. What a winter mess we have going from Atlanta northwestward along I-85, across the Appalachians. This pink area, winter storm warnings through today, icing and it is piling up. And the snows will pileup, as well. A live picture, proof in the pudding here. This is the Atlanta Airport. You see the ice on the runway. (UNINTELLIGIBLE) the airport is open, but hey are having problems with the icing. Twenty-eight degrees here in the ATL. We'll be back with a complete forecast for the country in just a few minutes.

(COMMERCIAL BREAK)

ANNOUNCER: You're watching CNN SATURDAY MORNING, on CNN, the news channel trusted by more Americans.

NGUYEN: It's a day some Iraqi citizens thought would never come, the first free election in more than 50 years. Join us next hour when we talk live to a man who has already voted. And a protester who believes the election is a sham. That's live next hour at 9:00 a.m. Eastern.

(COMMERCIAL BREAK)

HARRIS: Boy, take a look at this. Hartsfield Jackson International Airport here in Atlanta, socked in. Socked in. Nothing going on, although I see something maybe taxing out to a runway, but I don't know. We'd have to check and find out if there's any air traffic.

NGUYEN: Not much, the streets are pretty iced over this morning.

HARRIS: Pretty nasty.

Hi, Rob.

MARCIANO: Hi guys. Hey, you know, I checked the airport is open.

HARRIS: It is open.

MARCIANO: Yes. That's how good they are.

HARRIS: They salted, de-iced.

MARCIANO: They're De-icing...

NGUYEN: And good to go.

MARCIANO: ... and good to go. And 28 degrees, so. But you know, they treat the runways. They got all the fancy gear out there. Big business at the airport. So they want sure that flights are running.

HARRIS: World's busiest, I'm told.

MARCIANO: Come back to the maps.

(WEATHER REPORT)

HARRIS: Sometimes it's just your turn.

MARCIANO: That's right.

NGUYEN: We're feeling it today.

HARRIS: Thanks, Rob.

MARCIANO: See you.

NGUYEN: A legal battle over how long a life sentence is. That leaves one state on the verge of freeing some 200 violent criminals. Find out where in our legal brief. That is straight ahead.

(COMMERCIAL BREAK)

NGUYEN: In Delaware, a battle over a State Supreme Court ruling that could free nearly 200 violent felons. The state Senate says not so fast and is appealing to the governor to keep those inmates behind bars.

Also on the docket this morning the trial of a defrocked priest, Paul Shanley. A 27-year-old man says news reports about the priest's sex abuse scandal triggered suppressed memories of his own alleged molestation by Shanley. Now the question, did it really happen or is the accuser out for profit?

Two very tough cases on the docket this (UNINTELLIGIBLE), lets get right to it with our legal experts, former Texas prosecutor, Nelda Blair joins us live from Houston, and civil liberties attorney, Lida Rodriguez-Taseff is in our Miami Bureau today.

Good morning ladies.

Good morning.

Good morning.

NGUYEN: Well, lets start in Delaware with that case. And Nelda lets start with you. At issue, whether a life sentence is truly a life sentence or is just 45 years.

NELDA BLAIR, FORMER PROSECUTOR: We;;. evidently not according to the Delaware Supreme Court. And I think they did the wrong thing legislating from the bench, which is exactly what they are doing. With the court supposed to do is interpret the law, not change it make it up or add to it. And the Delaware court did just that. They took life with the possibility of parole and made it life with guaranteed parole. I think they did the wrong thing. And I think the legislature will be able to fix it, but they're going to have to do more than what they've already done, which is what the legislature did, which is they put a temporary measure in basicly declaring that court's ruling null and void. It probably won't stand, but in the long run I think they can fix it. This court has gone way beyond its powers.

NGUYEN: Yes, I wanted to say Lida, right in here, how can the legislature step in and overrule the State Supreme Court?

LIDA RODRIGUEZ-TASEFF, CIVIL RIGHTS ATTORNEY: The legislature cannot step in and overrule the State Supreme Court. That's what separations of power is all about. And, Nel, just because it's your birthday doesn't mean I'm going to let you get away with murder. You know, Happy birthday, Nel, you're wrong today..

NGUYEN: Happy birthday, by the way.

RODRIGUEZ-TASEFF: I'm sorry. This isn't a case where you had a law that said life means life. This is a case where you had a law that was crafted by the very legislature that is now acting like who, me? We had nothing to do with this. The law said life is here by defined at 45 years. That's what the law said. The legislature forgot to tell the voters that, because they were the ones who crafted the law.

So now they are running around saying, gee, Supreme Court of Delaware, you messed up. The Supreme Court of Delaware didn't mess up, it's simply interpreting the bad law that the legislature crafted. And if the legislature wants it -- wants life to mean life, really life, then they need to define life really life. And in fact, they did that 10 years after in 1990, they passed a new law that was called the Truth in Sentencing Act in order to correct their mistakes ,that they're now forgetting about because it's politically expedient.

NGUYEN: All right, ladies, we have to move on to the other case on the docket today. Happy birthday, this is a little gift to you, Nelda, by moving on, that is. This case dealing with Paul Shanley and it centers around a man who says that all the media attention to the Shanley case has triggered his own memories of abuse at the hands of Shanley, at least that's what he's accusing.

How does this repress memory hold up in court, Nelda?

BLAIR: You know, that's for the jury to decide. What is great about this is that the judge did let it in. It should be let in. Any evidence that's admissible, that's relevant to this case, the jury should hear. This is -- whether it's repressed and recovered or whether it's yesterday's memory or last weeks or 10 year's ago memory. It's what this man experienced. It's what he went through. It's what he remembers. It's what he has in his mind, what he knows happened. And that's what a jury has to hear. So absolutely, this evidence should come forth. The defense's job is to counter it. But the jury is going to decide whether or not it's credible. They are going to decide whether or not they think it's enough to convict this priest.

Lida, how hard is it to counter this recovered memory argument?

RODRIGUEZ-TASEFF: Well, you know, it's interesting in this particular case that the recovered memory occurred spontaneously. That the memory that was forgotten lasted for about six years. Now, how can you forget about six years worth of bad stuff? That's a good question. And that the memory was followed by a very quick call to the local plaintiff's attorney to ask for his advice before even going to a doctor, and subsequently resulted in the recovery of in excess of $500,000. So I think that the defense has a very good argument here about this not even being a recovered memory, this being an invented memory. Recovered memories possibly exist, but this may not be the case that shows that.

BLAIR: And that's the defense's obligation. They come in, that's what they get to show. But it's the jury that decides.

RODRIGUEZ-TASEFF: I agree with that.

NGUYEN: It's your birthday, Nelda, we're going to give you the last word on that. And time is up. Thank you and happy birthday. It's a pleasure ladies, see you next weekend.

UNIDENTIFIED FEMALE: Take care.

HARRIS: Well jury selection begins Monday in Michael Jackson's child molestation trial. New rulings from the bench could have a major impact. The judge ruled that Jackson's accuser should testify in open court instead of in private. Dozens of adult magazines and videos seized at the singers ranch can be used as evidence. The material includes pictures of nude models who may have been 18-years- old but look younger according to the D.A. Jackson has pleaded innocent to molesting a 13-year-old boy and plying him with alcohol.

NGUYEN: Well let's get to our e-mail question of the day, and your responses.

The question is -- is Iraq worth the American sacrifice?

HARRIS: And we've got this from Shirley. "I want to say no. Emphatically, no, but then I remember the black voting effort in America. And so in my heart of hearts I know that all this sacrifice is worth it. I doubt that their democracy will mimic ours, but I know they are human beings who want a say in the government of their lives and they deserve that. The price of freedom has always been high where men are concerned. It is worth it."

Thank you, Shirley. Well thought out.

NGUYEN: Straight ahead on "HOUSECALL" with Dr. Sanjay Gupta, after a feared shortage and now apparent surplus. Where do we stand in the flu season?

You can get the answer straight ahead. I'm Betty Nguyen.

HARRIS: And I'm Tony Harris. We'll see you again at the top of the hour. "HOUSECALL" with Dr. Sanjay Gupta is and your top stories just straight ahead. We're going to leave you with some cold weather pictures from Detroit. Brrrrr.

(COMMERCIAL BREAK)

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Aired January 29, 2005 - 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: That next hour of CNN SATURDAY MORNING begins right now.
From the CNN center, this is CNN SATURDAY MORNING." It's January 29, 8:00 a.m. right here at CNN headquarters in Atlanta, 4:00 p.m. in Baghdad where they'll begin voting later today. Good morning, I'm Betty Nguyen.

TONY HARRIS, CNN ANCHOR: I'm Tony Harris. Thank you for being with us.

Lets check head lines "Now in the News."

Fresh violence in Iraq this morning. In the run up to the national election Two bombs went off at a joint U.S.-Iraqi military facility near the Iranian border killing at least eight Iraqis. Meantime mortars were fired in eastern Baghdad. Also gunmen attacked a police station in a Baghdad suburb, wounding two officers. We'll have a live report from the Iraqi capital in less than a minute.

Slip sliding away, the southeast braces for the worst, freezing rain has already glazed -- that's going to leave a mark. Glazed roads and power lines in some areas with a coat of ice. Utility crews are on the alert for black-outs as they face the threat of a major ice storm today. Meantime up to four inches of snow could fall across South Carolina.

He was scheduled to die in Connecticut early this morning but Michael Ross is still alive. The execution of the convicted serial killer has been post appointed until Monday that is after a lawyer cite add possible conflict of interest and asked for a last-minute delay.

A big mix up at a major government nuclear lap, it turns out two computer disks listed as missing last summer from the Los Alamos National Lab never even existed, so says the Department of Energy. The disk issue had prompted a virtual shutdown of a New Mexico lab.

NGUYEN: Here's what we have coming up this hour. A historic weekend. Iraqis around the world are already casting their ballots and there are fellow countrymen are gearing up to do the same back home. We'll take you live to Baghdad.

Plus, back here in the U.S., Dixie in a deep freeze. A winter storm brings snow and ice to the southeast, stranding travelers. Our Rob Marciano has the forecast.

And gripping testimony against a defendant who's been at the center of the clergy sex abuse scandal. Our legal analysts weigh in.

HARRIS: Well we know the Iraqis are voting this weekend, but just what are they voting for? The ballot's long but it boils down to this. Voters inside and outside of Iraq will pick a 275 national member assembly. They'll cast a single ballot for a list of candidates. Parties and coalitions will be awarded seats based on the proportion of votes their list receives. The Iraqis are also picking local leaders. They'll vote for members of 18 provincial councils. And in northern Iraq people in the semi-autonomous Kurdish region will cast ballots for a Kurdish parliament.

NGUYEN: Across Iraq and around the globe, CNN correspondents are keeping tabs on this historic election weekend. Expectations are high and so is the security. We want to go live to Baghdad and our Jeff Koinange who joins us with the latest there.

It has already been a violent day, Jeff.

JEFF KOINANGE, CNN CORRESPONDENT: It has indeed, Betty. And I remember when it was just 15 months to elections and even 15 days. But now we are barely 15 hours before polls open across this country. And Iraq resembles more of a country preparing for war than one preparing to go to elections. Security is unprecedented across the country. But that didn't prevent a suicide bomber from strapping himself from explosives, walking up to the gates of a military complex and exploding himself. In the commotion an improvised explosive device went off killing eight people, wounding several others.

Here in Baghdad, insurgents fired on a police station and attacked it and injured two Iraqi policemen and made off with a stolen police car. Now, why is then significant, well, on election day only certain vehicles will be allowed in or near polling centers. Insurgents stealing a police car not a good sign. But having said that, security across this city extremely tight. Both Iraqi and U.S. soldiers on the streets of Baghdad in tanks, in Humvees, at checkpoints searching vehicles, and drivers alike. Making sure that no loopholes are created in the run-up to this election. Iraqis staying away from the streets, heeding the call to stay in their homes on this day. But everyone is anticipating a large turn-out, at least 50 percent of the 13 million or so registered voters -- Betty.

NGUYEN: Of course, we will be watching. CNN's Jeff Koinange in Baghdad for us today. Thank you, Jeff.

HARRIS: Lockdown -- Iraqi police and U.S. troops are closing down bridges across Baghdad on the eve of the national election. It's just one part of the extraordinary security steps being taken across the nation.

Joining us now from the Baghdad Convention Center is Lieutenant General John Kiszely, second in command of the British Army ground operations. Generally, good to see you. Thanks for taking the time to talk to us. LT. GEN. JOHN KISZELY, BRITISH ARMY: Good.

HARRIS: Give us your assessment, we're just 15 or so hours away, as Jeff just mentioned a just a moment ago, from the elections. Give us a status report, if you would, right now.

KISZELY: Well, I think the mood here in Baghdad amongst Iraqis is enthusiastic for these elections. The mood here is very much they want to vote, and that's what all the statistics are telling us. They -- obviously there are some insurgents and terrorists, a minority of a minority who are trying to stop them. But to be honest these terrorists or insurgents are not offering a future to the Iraqi people, just a return to the past. As far as I'm concerned these elections represent a bridge for the Iraqi people, and that's a bridge to the future and a bridge worth defending.

HARRIS: General, take me to the neighborhood level, and give me a sense, if I were to walk some of these streets leading up to polling places, give me a look, if you would, at security. What would it look like?

KISZELY: As you approach the polling stations, you'll find well before you get there, coalition forces providing area security. You will then find a middle ring of security, probably Iraqi National Guard or Iraqi Army. And then right outside the polling station you'll find a small attachment of the Iraqi police force, and they will be there searching people before they go into those polling stations. So the security is both area and point security. And as your correspondents have noted it's pretty tight.

HARRIS: General, I know you're watching for insurgent activity, but you are also, I would imagine, keeping a close eye on Iraqi security as well.

Do you believe that you have some infiltrators in the ranks?

KISZELY: Of course, that's always possible. But you know, the Iraqi security forces that I've seen, they are increasing in number and quality every day. I have seen them perform some great actions out here. And that's going to be a worry to the insurgents. Every week, every month, the Iraqi security forces get stronger. Already we have 24 battalions of the Iraqi Army, next month it is 27. There are 40 over battalions of the national guard, as well. So, that's giving the insurgents, terrorist quite a lot to think about.

HARRIS: Lieutenant General John Kiszely, thank you for taking the time this morning.

KISZELY: Thank you.

NGUYEN: In this country Nashville is one of just a handful of U.S. cities where Iraqi ex-patriots can cast their ballots. CNN's Denise Belgrave is live in music city where Iraqi natives are definitely not singing the blues today. Hey there Denise.

DENISE BELGRAVE, CNN CORRESPONDENT: Good morning, Betty. I'm here in Nashville, Tennessee, and as you can tell it's a cold and wet morning here. This is one of five stations across the United States where Iraqi ex-patriots are coming to cast their ballots. This is actually the second day of voting. And if you look behind me, you can see where they will cast their ballots. Although this station is not open just yet. The mood here we're told yesterday was extremely optimistic.

(BEGIN VIDEO CLIP)

AYAD BARZANI, IRAQI VOTER FROM DALLAS: Today, is the happiest day in my life after I'm 42-years-old. And this is the first time ever I will able to vote for my country, and I'm very proud. And I travel from Dallas, Texas, to Nashville, Tennessee, this is my duty. My vote could make a difference in the new Iraqis.

(END VIDEO CLIP)

BELGRAVE: It's a very slow and steady pace. Yesterday, about a quarter of the 4,000 people who signed up to vote here came and voted yesterday. They're hoping that the weather is not going to dissuade other people from showing up today and tomorrow to vote in this, the first Democratic election for Iraqis in almost half a century -- Betty.

NGUYEN: Yes, it looks like there's going to be about a 25 percent voter turn-out. Denise Belgrave, we thank you for that report this morning -- Tony.

HARRIS: Perhaps nowhere will the Iraq election be watched more closely than the White House. The Bush administration stake in the success of this vote is second only to the Iraqis themselves.

CNN's Elaine Quijano has a live report from the White House. Good morning, Elaine.

ELAINE QUIJANO, CNN CORRESPONDENT: Good morning to you, Tony. That's right, underscoring just how much the Bush administration has at stake, how important these elections are, President Bush has chosen not to spend the weekend at the presidential retreat at Camp David instead, deciding to remain here at the White House where aides say he will be closely monitoring the election receiving updates as needed. Now, yesterday in his public remarks to Congressional Republicans at their retreat in West Virginia, President Bush reiterated some themes that he stressed during his inaugural speech about freedom. And he also previewed the ideas he'll be emphasizing when he delivers the State of the Union Address on Wednesday.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I look forward to addressing the nation. I will remind the country we're still at war. And I want to thank you the Congress for providing the necessary support for our troops who are in harm's way. I will also tell the people once again that I strongly believe that the way to defeat hatred and terrorism is to spread freedom. And I believe everybody in the world deserves to be free. (END VIDEO CLIP)

QUIJANO: Now, officials here are well aware these elections are a critical test for the Bush administration, specifically for President Bush's vision of spreading democracy worldwide. But Tony, officials at the same time emphasizing they believe that just holding elections at all in Iraq is a sign of significant progress -- Tony.

HARRIS: Elaine Quijano at the White House this morning. Elaine, thank you.

NGUYEN: We want to know what you think. Is Iraqi worth the American sacrifice?

That's our e-mail question of the day. And we'll be reading those responses all morning long. In the meantime, send in those responses to wam@cnn.com.

HARRIS: Night sweats and nightmares allegedly caused by memories of this man, (UNINTELLIGIBLE) Catholic Priest, Paul Shanley. Ahead in our legal briefs, testimony about memories of abuse, why some say they should not -- should not be admitted in court.

NGUYEN: And at the bottom of the hour, we are at the height of the flu season.

So, how are we doing? Dr. Sanjay Gupta answers that question in just a bit.

ROB MARCIANO, CNN METEOROLOGIST: I'm Rob Marciano at the CNN weather center. What a winter mess we have going from Atlanta northwestward along I-85, across the Appalachians. This pink area, winter storm warnings through today, icing and it is piling up. And the snows will pileup, as well. A live picture, proof in the pudding here. This is the Atlanta Airport. You see the ice on the runway. (UNINTELLIGIBLE) the airport is open, but hey are having problems with the icing. Twenty-eight degrees here in the ATL. We'll be back with a complete forecast for the country in just a few minutes.

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ANNOUNCER: You're watching CNN SATURDAY MORNING, on CNN, the news channel trusted by more Americans.

NGUYEN: It's a day some Iraqi citizens thought would never come, the first free election in more than 50 years. Join us next hour when we talk live to a man who has already voted. And a protester who believes the election is a sham. That's live next hour at 9:00 a.m. Eastern.

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HARRIS: Boy, take a look at this. Hartsfield Jackson International Airport here in Atlanta, socked in. Socked in. Nothing going on, although I see something maybe taxing out to a runway, but I don't know. We'd have to check and find out if there's any air traffic.

NGUYEN: Not much, the streets are pretty iced over this morning.

HARRIS: Pretty nasty.

Hi, Rob.

MARCIANO: Hi guys. Hey, you know, I checked the airport is open.

HARRIS: It is open.

MARCIANO: Yes. That's how good they are.

HARRIS: They salted, de-iced.

MARCIANO: They're De-icing...

NGUYEN: And good to go.

MARCIANO: ... and good to go. And 28 degrees, so. But you know, they treat the runways. They got all the fancy gear out there. Big business at the airport. So they want sure that flights are running.

HARRIS: World's busiest, I'm told.

MARCIANO: Come back to the maps.

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HARRIS: Sometimes it's just your turn.

MARCIANO: That's right.

NGUYEN: We're feeling it today.

HARRIS: Thanks, Rob.

MARCIANO: See you.

NGUYEN: A legal battle over how long a life sentence is. That leaves one state on the verge of freeing some 200 violent criminals. Find out where in our legal brief. That is straight ahead.

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NGUYEN: In Delaware, a battle over a State Supreme Court ruling that could free nearly 200 violent felons. The state Senate says not so fast and is appealing to the governor to keep those inmates behind bars.

Also on the docket this morning the trial of a defrocked priest, Paul Shanley. A 27-year-old man says news reports about the priest's sex abuse scandal triggered suppressed memories of his own alleged molestation by Shanley. Now the question, did it really happen or is the accuser out for profit?

Two very tough cases on the docket this (UNINTELLIGIBLE), lets get right to it with our legal experts, former Texas prosecutor, Nelda Blair joins us live from Houston, and civil liberties attorney, Lida Rodriguez-Taseff is in our Miami Bureau today.

Good morning ladies.

Good morning.

Good morning.

NGUYEN: Well, lets start in Delaware with that case. And Nelda lets start with you. At issue, whether a life sentence is truly a life sentence or is just 45 years.

NELDA BLAIR, FORMER PROSECUTOR: We;;. evidently not according to the Delaware Supreme Court. And I think they did the wrong thing legislating from the bench, which is exactly what they are doing. With the court supposed to do is interpret the law, not change it make it up or add to it. And the Delaware court did just that. They took life with the possibility of parole and made it life with guaranteed parole. I think they did the wrong thing. And I think the legislature will be able to fix it, but they're going to have to do more than what they've already done, which is what the legislature did, which is they put a temporary measure in basicly declaring that court's ruling null and void. It probably won't stand, but in the long run I think they can fix it. This court has gone way beyond its powers.

NGUYEN: Yes, I wanted to say Lida, right in here, how can the legislature step in and overrule the State Supreme Court?

LIDA RODRIGUEZ-TASEFF, CIVIL RIGHTS ATTORNEY: The legislature cannot step in and overrule the State Supreme Court. That's what separations of power is all about. And, Nel, just because it's your birthday doesn't mean I'm going to let you get away with murder. You know, Happy birthday, Nel, you're wrong today..

NGUYEN: Happy birthday, by the way.

RODRIGUEZ-TASEFF: I'm sorry. This isn't a case where you had a law that said life means life. This is a case where you had a law that was crafted by the very legislature that is now acting like who, me? We had nothing to do with this. The law said life is here by defined at 45 years. That's what the law said. The legislature forgot to tell the voters that, because they were the ones who crafted the law.

So now they are running around saying, gee, Supreme Court of Delaware, you messed up. The Supreme Court of Delaware didn't mess up, it's simply interpreting the bad law that the legislature crafted. And if the legislature wants it -- wants life to mean life, really life, then they need to define life really life. And in fact, they did that 10 years after in 1990, they passed a new law that was called the Truth in Sentencing Act in order to correct their mistakes ,that they're now forgetting about because it's politically expedient.

NGUYEN: All right, ladies, we have to move on to the other case on the docket today. Happy birthday, this is a little gift to you, Nelda, by moving on, that is. This case dealing with Paul Shanley and it centers around a man who says that all the media attention to the Shanley case has triggered his own memories of abuse at the hands of Shanley, at least that's what he's accusing.

How does this repress memory hold up in court, Nelda?

BLAIR: You know, that's for the jury to decide. What is great about this is that the judge did let it in. It should be let in. Any evidence that's admissible, that's relevant to this case, the jury should hear. This is -- whether it's repressed and recovered or whether it's yesterday's memory or last weeks or 10 year's ago memory. It's what this man experienced. It's what he went through. It's what he remembers. It's what he has in his mind, what he knows happened. And that's what a jury has to hear. So absolutely, this evidence should come forth. The defense's job is to counter it. But the jury is going to decide whether or not it's credible. They are going to decide whether or not they think it's enough to convict this priest.

Lida, how hard is it to counter this recovered memory argument?

RODRIGUEZ-TASEFF: Well, you know, it's interesting in this particular case that the recovered memory occurred spontaneously. That the memory that was forgotten lasted for about six years. Now, how can you forget about six years worth of bad stuff? That's a good question. And that the memory was followed by a very quick call to the local plaintiff's attorney to ask for his advice before even going to a doctor, and subsequently resulted in the recovery of in excess of $500,000. So I think that the defense has a very good argument here about this not even being a recovered memory, this being an invented memory. Recovered memories possibly exist, but this may not be the case that shows that.

BLAIR: And that's the defense's obligation. They come in, that's what they get to show. But it's the jury that decides.

RODRIGUEZ-TASEFF: I agree with that.

NGUYEN: It's your birthday, Nelda, we're going to give you the last word on that. And time is up. Thank you and happy birthday. It's a pleasure ladies, see you next weekend.

UNIDENTIFIED FEMALE: Take care.

HARRIS: Well jury selection begins Monday in Michael Jackson's child molestation trial. New rulings from the bench could have a major impact. The judge ruled that Jackson's accuser should testify in open court instead of in private. Dozens of adult magazines and videos seized at the singers ranch can be used as evidence. The material includes pictures of nude models who may have been 18-years- old but look younger according to the D.A. Jackson has pleaded innocent to molesting a 13-year-old boy and plying him with alcohol.

NGUYEN: Well let's get to our e-mail question of the day, and your responses.

The question is -- is Iraq worth the American sacrifice?

HARRIS: And we've got this from Shirley. "I want to say no. Emphatically, no, but then I remember the black voting effort in America. And so in my heart of hearts I know that all this sacrifice is worth it. I doubt that their democracy will mimic ours, but I know they are human beings who want a say in the government of their lives and they deserve that. The price of freedom has always been high where men are concerned. It is worth it."

Thank you, Shirley. Well thought out.

NGUYEN: Straight ahead on "HOUSECALL" with Dr. Sanjay Gupta, after a feared shortage and now apparent surplus. Where do we stand in the flu season?

You can get the answer straight ahead. I'm Betty Nguyen.

HARRIS: And I'm Tony Harris. We'll see you again at the top of the hour. "HOUSECALL" with Dr. Sanjay Gupta is and your top stories just straight ahead. We're going to leave you with some cold weather pictures from Detroit. Brrrrr.

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