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CNN Saturday Morning News

Legal Analyst with attorney's Lida Rodriguez-Taseff, Nelda Blair

Aired March 05, 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: The next hour of CNN SATURDAY MORNING begins right now.
From the CNN Center, this is CNN SATURDAY MORNING. It is March 5; 8:00 a.m. at CNN Headquarters in Atlanta, it is 5:00 a.m., very early on the West Coast.

Good morning, everyone. I'm Betty Nguyen.

TONY HARRIS, CNN ANCHOR: And I'm Tony Harris. Thanks for being with us. Let's get you caught up now with headlines "Now in the News." Breaking news, in fact, out of Lebanon this morning. Lebanese army troops, an armored vehicle was on the move in Beirut this morning near the Syrian intelligence headquarters. The deployment comes just hours before Syria's President Bashar Assad is to make a key speech.

He plans to address international calls to pull his troops out of Lebanon. We'll go live to Beirut straight ahead.

She was held by Iraqi insurgents and wounded by U.S. troops, now an Italian journalists is finally back home. Giuliana Sgrena was freed after a month in captivity. But she was later wounded in a friendly fire incident. We'll tell you more about it in alive report, that straight ahead.

Four U.S. soldiers have been killed in the western Iraqi province of Al Anbar. The U.S. military says they were involved in security operations. No details on how they died. About two weeks ago, U.S. forces launched "Operation River Blitz" in the province to hunt down insurgents.

And back to our top story now. Lebanese troops on the move. For the latest, let's go straight to Beirut and CNN Senior International Correspondent Brent Sadler -- Brent.

BRENT SADLER, CNN SR. INT'L. CORRESPONDENT: Good morning, Tony.

We're seeing developments around the headquarters of Syria's military intelligence in the Lebanese capital. Lebanese army troops have taken up position, both army and internal security forces, with some armored vehicles and their foot soldiers around this very sensitive area. An area where we saw friction just a short time ago between what appeared to be a Syrian military intelligence officer who came out of the headquarters to challenge journalists who were taking pictures outside. The individual held abuse, at present George W. Bush and the French President Jacques Chirac, before ordering the media to leave. Lebanese forces stood by during that hostile exchange between what was thought to be a Syrian military intelligence officer and media gathered outside the headquarters.

That development takes place, as you are seeing behind me now as crowds gathering for what another is expected to be a large popular protest here in the Martyrs Square in downtown Beirut.

You will see many people today gathering wearing white. This is a symbolic color for the truth, the Lebanese say they want to have established, surrounding the circumstances leading up to the assassination of the former Lebanese foreign minister Rafik Hariri.

Also, this day, we have a visit by the Pakistani President Pervez Musharraf who has been meeting the grieving family of Rafik Hariri, his wife, Nasa (ph) Hariri, and his two sons. At the same time as we are expecting to hear in the next few hours an announcement from the Syrian president who will be talking to parliament and making a speech in the Parliament in Damascus, about an expected troop withdrawal from Lebanon.

This may fall well short of what U.S. President George W. Bush is demanding, which is a complete withdrawal of all troops and all Syrian military intelligence by May, ahead of parliamentary elections expected to take place in this country. Whether the Syrian leadership goes along with that, complies with international demands, backed up by many Arab leaders, we'll have to wait and see -- Tony.

HARRIS: Brent, I have to ask you one quick question. We know the Syrian-backed prime minister of Lebanon resigned earlier this week. I'm curious as to who might have ordered this deployment, or did it come from top military brass?

SADLER: Well, such a move like this will be certainly coordinated between the military command of the Lebanese and the Syrian. This would not be a unilateral Lebanese act. These things happen in parallel. Whatever happens in terms of any movement of either the army or Syrian intelligence services here, you can count they will be carefully coordinated with the Lebanese.

HARRIS: OK. Brent Sadler in Beirut. We will be following this story throughout the morning on CNN SATURDAY MORNING and throughout the day on CNN.

NGUYEN: Well, there are new developments this morning in the case of a freed Iraqi hostage. Giuliana Sgrena was freed Friday, then the car she was riding in was fired upon by U.S. troops at a checkpoint. The Italian security officer who negotiated her release, he was killed. Sgrena arrived, though, back in Italy three hours ago. We want to go straight to Rome now and CNN's Rome Bureau Chief Alessio Vinci, with the latest there.

Hi, Alessio.

ALESSIO VINCI, CNN ROME BUREAU CHIEF: Hello, Betty.

Giuliana Sgrena arrived here at the Ciampino Airport a few hours ago. She was visibly still in pain, suffering from a wound to her left shoulder. She was hit yesterday during that shoot-out incident, by shrapnel. She was given immediate medical attention in Baghdad by U.S. forces, at the U.S. hospital there.

But we understand, by her editor, she might need extra surgery here in Rome. She was admitted to a hospital as soon as she arrived here in Rome. There's, of course, anger, bewilderment and shock here in Italy with many people asking how could a successful operation that freed the hostage turn to such a tragedy.

The agent that was killed, Nicola Calipari, was an experienced intelligence officer in Iraq. He negotiated several hostage releases for Italy. You may remember last fall, the two Simonas, were released. He died as he was trying to shield Ms. Sgrena with his own body.

Now, meanwhile, the Italian Prime Minister Silvio Berlusconi summoned the U.S. ambassador to Rome, Mel Sembler, last night. And this morning Sembler gave a statement to CNN.

(BEGIN VIDEO CLIP)

MEL SEMBLER, U.S. AMBASSADOR TO ITALY: I would like to express the sympathy of the United States of America, to our ally the Italian Republic, and to the families of the victims of this terrible incident that occurred in Baghdad two hours ago.

Last night, President Bush spoke to Prime Minister Berlusconi and extended his condolences, as the White House had stated publicly our hearts above all go ought to the family of the Nic Calipari. Nicola Calipari is a friend and ally of the United States and today his heroism must be evident to all of us.

(END VIDEO CLIP)

VINCI: And Betty, just to give you a bit of a sense how Italians feel this morning here in Rome and throughout the country. Let me share with you some of the headlines of the newspapers, the national newspapers.

"La Republica": "Free, Then The Tragedy," another leading newspaper in this country, the "Corriere Della Sera," "Sgrena wounded, 007 killed: Italy Complains to the U.S." Finally, the "Il Manifesto," the Communist newspaper, where Sgrena works, "Americans Shoot and Assassinated Her Liberator," suggesting again that her liberator was not simply killed in a shoot-out incident, but indeed, that is was an incident that was planned.

Indeed, Giuliana Sgrena's own partner, this morning, is quoted on Italian television saying the attack was an ambush. This, of course, is going to be investigated. Italian officials are wait for that investigation, which was promised yesterday to the Italian prime minister by the president -- back to you, Betty. NGUYEN: Yes, a lot of allegation. A lot of questions. President Bush has pledged a full investigation. We'll just have to wait and see on that one. CNN's Rome Bureau Chief Alessio Vinci. Thank you.

HARRIS: And "News Across America" now, in the Chicago suburb of Evanston, funeral services today for Michael Lefkow, husband of Federal Judge Joan Humphrey Lefkow. The judge's husband and her mother were found shot to death Monday in her Chicago home. The FBI says there are no suspects in the killing.

Near Marathon, Florida, officials plan to move about 30 stranded dolphins to rehabilitation centers today. Several other dolphins have died or have been euthanized, since the animals beached Wednesday on flats and sandbars off the Florida Keys. Veterinarians been treating the dolphins for dehydration.

At Bedford, New York, Martha Stewart offers reporters coffee and doughnuts after yesterday offering them hot chocolate. Stewart is settling in at home following five months in prison for lying about a sale of stock. She faces five more months of home confinement wearing electronic ankle bracelets, so authorities can keep track of her.

Martha Stewart says she is looking forward to spending spring at home. She says she already ordered seeds for planting and made extensive to-do listings on her Web site. She also says the last five months have been life altering and life affirming.

NGUYEN: Are you surprised she is going to get back to planting and cooking. That's what Martha Stewart does, Tony.

So, we want to know what your opinion is. What do you think of Martha Stewart now that she has done her time? We're asking you that question all morning long. Send us your opinions at wam@cnn.com. We'll read them on the air a little bit later.

Meantime, a convicted rapist up for early parole. Ahead in our "Legal Briefs," did the judge make the right decision in keeping Alex Kelly behind bars?

HARRIS: And good morning, Denver. And the Winter Gravity Games going on this weekend at Copper Mountain. Your forecast ahead with Jacqui Jeras, along with the rest of the nation's weather, as well.

(BEGIN VIDEO CLIP)

GERRI WILLIS, CNN ANCHOR, OPEN HOUSE: Shopping for a house on line? First, determine your price range and get all financial documents ready and organized. Next, create a reasonable wish list by figuring out what amenities your new home must have and which you would like to have. Never buy a house you have seen on line without seeing it in person. Be sure to check out both local and national real estate Web sites.

I'm Gerri Willis. That's your "Rip of the Day." For more, watch "Open House" on Saturday mornings at 9:30 Eastern on CNN. (COMMERCIAL BREAK)

HARRIS: A former hostage finally lands on her native soil this morning. At this hour Italian journalist Giuliana Sgrena is in Rome awaiting surgery. Her month-long hostage ordeal is order, but her freedom included friendly fire. We'll go back to Rome new developments live, next hour for live coverage.

(COMMERCIAL BREAK)

NGUYEN: This song is speaking directly to Tony Harris this morning. You don't have time for the pain, despite feeling under the weather.

HARRIS: There you go, Betty. The ship has to keep rolling. The mothership must stay on the flight path.

NGUYEN: The sympathy I have for you, right? Compared to what, the last what, 45 minutes when we really kind of dogged him.

(WEATHER FORECAST)

NGUYEN: Developing story out of Lebanon. Lebanese army troops and armored vehicles, they have taken up positions around the Syrian intelligence headquarters in Beirut. This move comes just hours before Syrian President Bashar Assad is expected to announce a withdrawal of some Syrian forces in Lebanon.

An Italian journalist is back in Rome after harrowing 24 hours. Giuliana Sgrena was released by captors yesterday, then hit by shrapnel when U.S. troops fired on her car as she headed to the airport. An Italian intelligence officer was killed.

And Martha Stewart wakes up this morning in her own home after spending the last five months in prison. Stewart will now be under house arrest for another five months but she'll be ale to do things like go to work, grocery shopping, and attend church.

HARRIS: Convicted rapist Alex Kelly tried to get an early parole but his victims say their lives are forever changed, his case ahead in our "Legal Briefs."

(COMMERCIAL BREAK)

HARRIS: Convicted rapist Alex Kelly went before the Connecticut parole board Wednesday to plead for his release from prison after eight years behind bars. Before his trial was set to begin, Kelly fled the country living in Europe and skiing for eight years.

(BEGIN VIDEO CLIP)

ALEX KELLY, CONVICTED RAPIST: I do apologize for dragging out the pain that I caused people, because I do understand that. I have learned more about that in my programs I have taken. Some things I just never really thought about. ADRIENNE BAK, RAPE VICTIM: It was a brutal attack that would change my life forever. This violent criminal took away my innocence in my adolescence. I will never get them back and worse I will spend the rest of my life overcoming all the emotional difficulties that a survivor of sexual assault deals with.

(END VIDEO CLIP)

HARRIS: Testimony from his two rape victims helped convince the board to keep Kelly in prison, at least for now. One of the topics this morning in "Legal Briefs," along with Kelly's parole denial, the Michael Jackson trial wraps up its first week. Our legal experts join us now, former prosecutor Nelda Blair, is live in Houston and civil liberties attorney Lida Rodriguez-Taseff is in phoenix.

Lida, a road trip for you. Good to see you, ladies.

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

NELDA BLAIR, FMR. PROSECUTING ATTORNEY: Thank you.

HARRIS: I got to ask you first, Nelda, in making the decision to deny Kelly's appeal for early release the chairman of the Connecticut board of pardons and parole said this to Kelly, he said, your release is incompatible with the welfare of society. Did the chairman get it right?

BLAIR: Absolutely. How could anyone argue with that? This man not only committed at least two very brutal sexual assaults, but he also fled from authorities for eight years. Spending his time vacationing on his mom and dad's tab in Europe. One of the victims said it very aptly. She said he ought spend more time in prison for these rapes than he did vacationing.

HARRIS: Well, Lida, you can't disagree with that. Alex Kelly really had no shot of getting parole, did he?

RODRIGUEZ-TASEFF: Absolutely not. You know, I'm going to agree with Nelda this morning. That was very well put.

But also, the important thing here, this is true, people expect civil libertarians to be against victim rights. Here's what happened. He was being -- he was being offered an opportunity at parole but this was early release. He has a lot of sentence still to complete. He was sentenced in 1997 to 16 years.

HARRIS To 16 years, yes.

RODRIGUEZ-TASEFF: Absolutely. So then his next opportunity is in 2008, which is still not the full 16 years, because he's going to get time off for good behavior.

BLAIR: Right.

HARRIS: Lida, let me ask you this, at some point in time here are we going to have to revisit this whole idea of victim statements in the sentencing phase? We saw the victims testifying here before the paroles and pardons board? Are we going to have to revisit that because of maybe it being a bit too prejudicial?

RODRIGUEZ-TASEFF: Absolutely. The real place to revisit it is in sentencing, not in parole when somebody has been convicted. We shouldn't be permitting victim impact statements in sentencing. We shouldn't be permitting them in the trial in chief, for the jury to determine whether or not somebody should be convicted. The only place for those kinds of statements is exactly here in determining whether or not somebody should be released early from prison but not in the phase where you are still trying to determine guilt or innocence.

BLAIR: Lida, how can you say that? Because the victim statements are more than just emotional impacts. They have to do with factual impact, as well. I think it's very important for a jury, and/or a judge, to learn what has happened because of this criminal's acts? Even in the phase where they are being tried for their guilt or innocence. They need to know what happened to these people. What cause, what effect it had on their life. I think it's vitally important a jury hear that.

RODRIGUEZ-TASEFF: But, Nelda, they disadvantage poor people and people who don't have the legal protection that other people, other victims have. They really do discriminate between wealthier victims, more appealing victims, more attractive victims. They discriminate against victims who are poor, people of color, who don't have the resources.

HARRIS: Lida, let her in here for one last quick word on it.

BLAIR: You are down the wrong road, Lida. Every victim has the right to make the statement they feel and whether they are any color, any looks, any race that the jury is going to listen to that.

HARRIS: Let's move on to the Michael Jackson case before we run out of time here. I want to get your thoughts on it. Nelda, you first, the first week of testimony is in the books. Who is ahead in this case?

BLAIR: Oh, the prosecution, no question about it. And obviously that's because the prosecution starts first and every case is that way. But this prosecution has done a very good job of building its case against Jackson, brick by brick. With the sister's testimony, the sister of the accuser's testimony last Thursday and Friday. I think they have done a very good job of showing the jury exactly what they want them to see.

HARRIS: Lida, I ask the question that way because a lot of folks who are watching this trial so far say that the testimony is cut both ways.

RODRIGUEZ-TASEFF: The testimony has definitely cut in favor of the defense thus far. The sister testified that, yes, we were held captive and we could not leave. Then she asking in cross-examination didn't you go shopping? Yeah. While you were out shopping did you tell anybody you were being held captive? Well, no. And didn't you lie to authorities about the fact that you were being -- while you were being held captive? Yeah, I did lie to authorities. Mesereau did a terrific job at deconstructing brick by brick, Nelda, her testimony and making it look like these people are lying like they have something to gain and that video spoke for itself.

HARRIS: Nelda, take the last word on it.

BLAIR: The jury is going to know the truth.

HARRIS: Ladies, good to see you. Got a little friction, got a little debate.

BLAIR: Thank you.

RODRIGUEZ-TASEFF: Get better, Tony.

HARRIS: Good stuff. Thank you both.

NGUYEN: This could cause a little friction as well. Our e-mail question of the day, depend ongoing what you think of it. The question is, what is your opinion of Martha Stewart, now? We got a couple e- mails to read to you this morning.

Luis says, "Martha is just playing up to the press for image improvement."

HARRIS: We have one more, OK. And this one from SPK, "I was never particularly a fan of Martha prior to her trial, now I am."

Thank you for the e-mails. We'll continue to get those e-mails from you at wam@cnn.com. When we get them from you, we'll put them on the air, next hour at CNN SATURDAY MORNING.

NGUYEN: Keep them coming.

President Bush says Syria must withdraw its troops from Lebanon and now. The Syrian president addresses the issue that happens today. We'll take a closer look at the standoff next hour.

HARRIS: And next on "House Call" our Dr. Sanjay Gupta looks at ways to overcome addictions.

I'm Tony Harris.

NGUYEN: I'm Betty Nguyen. We'll see you again at the top of the hour. "House Call" and your top stories straight ahead.

(COMMERCIAL BREAK)

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Aired March 5, 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: The next hour of CNN SATURDAY MORNING begins right now.
From the CNN Center, this is CNN SATURDAY MORNING. It is March 5; 8:00 a.m. at CNN Headquarters in Atlanta, it is 5:00 a.m., very early on the West Coast.

Good morning, everyone. I'm Betty Nguyen.

TONY HARRIS, CNN ANCHOR: And I'm Tony Harris. Thanks for being with us. Let's get you caught up now with headlines "Now in the News." Breaking news, in fact, out of Lebanon this morning. Lebanese army troops, an armored vehicle was on the move in Beirut this morning near the Syrian intelligence headquarters. The deployment comes just hours before Syria's President Bashar Assad is to make a key speech.

He plans to address international calls to pull his troops out of Lebanon. We'll go live to Beirut straight ahead.

She was held by Iraqi insurgents and wounded by U.S. troops, now an Italian journalists is finally back home. Giuliana Sgrena was freed after a month in captivity. But she was later wounded in a friendly fire incident. We'll tell you more about it in alive report, that straight ahead.

Four U.S. soldiers have been killed in the western Iraqi province of Al Anbar. The U.S. military says they were involved in security operations. No details on how they died. About two weeks ago, U.S. forces launched "Operation River Blitz" in the province to hunt down insurgents.

And back to our top story now. Lebanese troops on the move. For the latest, let's go straight to Beirut and CNN Senior International Correspondent Brent Sadler -- Brent.

BRENT SADLER, CNN SR. INT'L. CORRESPONDENT: Good morning, Tony.

We're seeing developments around the headquarters of Syria's military intelligence in the Lebanese capital. Lebanese army troops have taken up position, both army and internal security forces, with some armored vehicles and their foot soldiers around this very sensitive area. An area where we saw friction just a short time ago between what appeared to be a Syrian military intelligence officer who came out of the headquarters to challenge journalists who were taking pictures outside. The individual held abuse, at present George W. Bush and the French President Jacques Chirac, before ordering the media to leave. Lebanese forces stood by during that hostile exchange between what was thought to be a Syrian military intelligence officer and media gathered outside the headquarters.

That development takes place, as you are seeing behind me now as crowds gathering for what another is expected to be a large popular protest here in the Martyrs Square in downtown Beirut.

You will see many people today gathering wearing white. This is a symbolic color for the truth, the Lebanese say they want to have established, surrounding the circumstances leading up to the assassination of the former Lebanese foreign minister Rafik Hariri.

Also, this day, we have a visit by the Pakistani President Pervez Musharraf who has been meeting the grieving family of Rafik Hariri, his wife, Nasa (ph) Hariri, and his two sons. At the same time as we are expecting to hear in the next few hours an announcement from the Syrian president who will be talking to parliament and making a speech in the Parliament in Damascus, about an expected troop withdrawal from Lebanon.

This may fall well short of what U.S. President George W. Bush is demanding, which is a complete withdrawal of all troops and all Syrian military intelligence by May, ahead of parliamentary elections expected to take place in this country. Whether the Syrian leadership goes along with that, complies with international demands, backed up by many Arab leaders, we'll have to wait and see -- Tony.

HARRIS: Brent, I have to ask you one quick question. We know the Syrian-backed prime minister of Lebanon resigned earlier this week. I'm curious as to who might have ordered this deployment, or did it come from top military brass?

SADLER: Well, such a move like this will be certainly coordinated between the military command of the Lebanese and the Syrian. This would not be a unilateral Lebanese act. These things happen in parallel. Whatever happens in terms of any movement of either the army or Syrian intelligence services here, you can count they will be carefully coordinated with the Lebanese.

HARRIS: OK. Brent Sadler in Beirut. We will be following this story throughout the morning on CNN SATURDAY MORNING and throughout the day on CNN.

NGUYEN: Well, there are new developments this morning in the case of a freed Iraqi hostage. Giuliana Sgrena was freed Friday, then the car she was riding in was fired upon by U.S. troops at a checkpoint. The Italian security officer who negotiated her release, he was killed. Sgrena arrived, though, back in Italy three hours ago. We want to go straight to Rome now and CNN's Rome Bureau Chief Alessio Vinci, with the latest there.

Hi, Alessio.

ALESSIO VINCI, CNN ROME BUREAU CHIEF: Hello, Betty.

Giuliana Sgrena arrived here at the Ciampino Airport a few hours ago. She was visibly still in pain, suffering from a wound to her left shoulder. She was hit yesterday during that shoot-out incident, by shrapnel. She was given immediate medical attention in Baghdad by U.S. forces, at the U.S. hospital there.

But we understand, by her editor, she might need extra surgery here in Rome. She was admitted to a hospital as soon as she arrived here in Rome. There's, of course, anger, bewilderment and shock here in Italy with many people asking how could a successful operation that freed the hostage turn to such a tragedy.

The agent that was killed, Nicola Calipari, was an experienced intelligence officer in Iraq. He negotiated several hostage releases for Italy. You may remember last fall, the two Simonas, were released. He died as he was trying to shield Ms. Sgrena with his own body.

Now, meanwhile, the Italian Prime Minister Silvio Berlusconi summoned the U.S. ambassador to Rome, Mel Sembler, last night. And this morning Sembler gave a statement to CNN.

(BEGIN VIDEO CLIP)

MEL SEMBLER, U.S. AMBASSADOR TO ITALY: I would like to express the sympathy of the United States of America, to our ally the Italian Republic, and to the families of the victims of this terrible incident that occurred in Baghdad two hours ago.

Last night, President Bush spoke to Prime Minister Berlusconi and extended his condolences, as the White House had stated publicly our hearts above all go ought to the family of the Nic Calipari. Nicola Calipari is a friend and ally of the United States and today his heroism must be evident to all of us.

(END VIDEO CLIP)

VINCI: And Betty, just to give you a bit of a sense how Italians feel this morning here in Rome and throughout the country. Let me share with you some of the headlines of the newspapers, the national newspapers.

"La Republica": "Free, Then The Tragedy," another leading newspaper in this country, the "Corriere Della Sera," "Sgrena wounded, 007 killed: Italy Complains to the U.S." Finally, the "Il Manifesto," the Communist newspaper, where Sgrena works, "Americans Shoot and Assassinated Her Liberator," suggesting again that her liberator was not simply killed in a shoot-out incident, but indeed, that is was an incident that was planned.

Indeed, Giuliana Sgrena's own partner, this morning, is quoted on Italian television saying the attack was an ambush. This, of course, is going to be investigated. Italian officials are wait for that investigation, which was promised yesterday to the Italian prime minister by the president -- back to you, Betty. NGUYEN: Yes, a lot of allegation. A lot of questions. President Bush has pledged a full investigation. We'll just have to wait and see on that one. CNN's Rome Bureau Chief Alessio Vinci. Thank you.

HARRIS: And "News Across America" now, in the Chicago suburb of Evanston, funeral services today for Michael Lefkow, husband of Federal Judge Joan Humphrey Lefkow. The judge's husband and her mother were found shot to death Monday in her Chicago home. The FBI says there are no suspects in the killing.

Near Marathon, Florida, officials plan to move about 30 stranded dolphins to rehabilitation centers today. Several other dolphins have died or have been euthanized, since the animals beached Wednesday on flats and sandbars off the Florida Keys. Veterinarians been treating the dolphins for dehydration.

At Bedford, New York, Martha Stewart offers reporters coffee and doughnuts after yesterday offering them hot chocolate. Stewart is settling in at home following five months in prison for lying about a sale of stock. She faces five more months of home confinement wearing electronic ankle bracelets, so authorities can keep track of her.

Martha Stewart says she is looking forward to spending spring at home. She says she already ordered seeds for planting and made extensive to-do listings on her Web site. She also says the last five months have been life altering and life affirming.

NGUYEN: Are you surprised she is going to get back to planting and cooking. That's what Martha Stewart does, Tony.

So, we want to know what your opinion is. What do you think of Martha Stewart now that she has done her time? We're asking you that question all morning long. Send us your opinions at wam@cnn.com. We'll read them on the air a little bit later.

Meantime, a convicted rapist up for early parole. Ahead in our "Legal Briefs," did the judge make the right decision in keeping Alex Kelly behind bars?

HARRIS: And good morning, Denver. And the Winter Gravity Games going on this weekend at Copper Mountain. Your forecast ahead with Jacqui Jeras, along with the rest of the nation's weather, as well.

(BEGIN VIDEO CLIP)

GERRI WILLIS, CNN ANCHOR, OPEN HOUSE: Shopping for a house on line? First, determine your price range and get all financial documents ready and organized. Next, create a reasonable wish list by figuring out what amenities your new home must have and which you would like to have. Never buy a house you have seen on line without seeing it in person. Be sure to check out both local and national real estate Web sites.

I'm Gerri Willis. That's your "Rip of the Day." For more, watch "Open House" on Saturday mornings at 9:30 Eastern on CNN. (COMMERCIAL BREAK)

HARRIS: A former hostage finally lands on her native soil this morning. At this hour Italian journalist Giuliana Sgrena is in Rome awaiting surgery. Her month-long hostage ordeal is order, but her freedom included friendly fire. We'll go back to Rome new developments live, next hour for live coverage.

(COMMERCIAL BREAK)

NGUYEN: This song is speaking directly to Tony Harris this morning. You don't have time for the pain, despite feeling under the weather.

HARRIS: There you go, Betty. The ship has to keep rolling. The mothership must stay on the flight path.

NGUYEN: The sympathy I have for you, right? Compared to what, the last what, 45 minutes when we really kind of dogged him.

(WEATHER FORECAST)

NGUYEN: Developing story out of Lebanon. Lebanese army troops and armored vehicles, they have taken up positions around the Syrian intelligence headquarters in Beirut. This move comes just hours before Syrian President Bashar Assad is expected to announce a withdrawal of some Syrian forces in Lebanon.

An Italian journalist is back in Rome after harrowing 24 hours. Giuliana Sgrena was released by captors yesterday, then hit by shrapnel when U.S. troops fired on her car as she headed to the airport. An Italian intelligence officer was killed.

And Martha Stewart wakes up this morning in her own home after spending the last five months in prison. Stewart will now be under house arrest for another five months but she'll be ale to do things like go to work, grocery shopping, and attend church.

HARRIS: Convicted rapist Alex Kelly tried to get an early parole but his victims say their lives are forever changed, his case ahead in our "Legal Briefs."

(COMMERCIAL BREAK)

HARRIS: Convicted rapist Alex Kelly went before the Connecticut parole board Wednesday to plead for his release from prison after eight years behind bars. Before his trial was set to begin, Kelly fled the country living in Europe and skiing for eight years.

(BEGIN VIDEO CLIP)

ALEX KELLY, CONVICTED RAPIST: I do apologize for dragging out the pain that I caused people, because I do understand that. I have learned more about that in my programs I have taken. Some things I just never really thought about. ADRIENNE BAK, RAPE VICTIM: It was a brutal attack that would change my life forever. This violent criminal took away my innocence in my adolescence. I will never get them back and worse I will spend the rest of my life overcoming all the emotional difficulties that a survivor of sexual assault deals with.

(END VIDEO CLIP)

HARRIS: Testimony from his two rape victims helped convince the board to keep Kelly in prison, at least for now. One of the topics this morning in "Legal Briefs," along with Kelly's parole denial, the Michael Jackson trial wraps up its first week. Our legal experts join us now, former prosecutor Nelda Blair, is live in Houston and civil liberties attorney Lida Rodriguez-Taseff is in phoenix.

Lida, a road trip for you. Good to see you, ladies.

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

NELDA BLAIR, FMR. PROSECUTING ATTORNEY: Thank you.

HARRIS: I got to ask you first, Nelda, in making the decision to deny Kelly's appeal for early release the chairman of the Connecticut board of pardons and parole said this to Kelly, he said, your release is incompatible with the welfare of society. Did the chairman get it right?

BLAIR: Absolutely. How could anyone argue with that? This man not only committed at least two very brutal sexual assaults, but he also fled from authorities for eight years. Spending his time vacationing on his mom and dad's tab in Europe. One of the victims said it very aptly. She said he ought spend more time in prison for these rapes than he did vacationing.

HARRIS: Well, Lida, you can't disagree with that. Alex Kelly really had no shot of getting parole, did he?

RODRIGUEZ-TASEFF: Absolutely not. You know, I'm going to agree with Nelda this morning. That was very well put.

But also, the important thing here, this is true, people expect civil libertarians to be against victim rights. Here's what happened. He was being -- he was being offered an opportunity at parole but this was early release. He has a lot of sentence still to complete. He was sentenced in 1997 to 16 years.

HARRIS To 16 years, yes.

RODRIGUEZ-TASEFF: Absolutely. So then his next opportunity is in 2008, which is still not the full 16 years, because he's going to get time off for good behavior.

BLAIR: Right.

HARRIS: Lida, let me ask you this, at some point in time here are we going to have to revisit this whole idea of victim statements in the sentencing phase? We saw the victims testifying here before the paroles and pardons board? Are we going to have to revisit that because of maybe it being a bit too prejudicial?

RODRIGUEZ-TASEFF: Absolutely. The real place to revisit it is in sentencing, not in parole when somebody has been convicted. We shouldn't be permitting victim impact statements in sentencing. We shouldn't be permitting them in the trial in chief, for the jury to determine whether or not somebody should be convicted. The only place for those kinds of statements is exactly here in determining whether or not somebody should be released early from prison but not in the phase where you are still trying to determine guilt or innocence.

BLAIR: Lida, how can you say that? Because the victim statements are more than just emotional impacts. They have to do with factual impact, as well. I think it's very important for a jury, and/or a judge, to learn what has happened because of this criminal's acts? Even in the phase where they are being tried for their guilt or innocence. They need to know what happened to these people. What cause, what effect it had on their life. I think it's vitally important a jury hear that.

RODRIGUEZ-TASEFF: But, Nelda, they disadvantage poor people and people who don't have the legal protection that other people, other victims have. They really do discriminate between wealthier victims, more appealing victims, more attractive victims. They discriminate against victims who are poor, people of color, who don't have the resources.

HARRIS: Lida, let her in here for one last quick word on it.

BLAIR: You are down the wrong road, Lida. Every victim has the right to make the statement they feel and whether they are any color, any looks, any race that the jury is going to listen to that.

HARRIS: Let's move on to the Michael Jackson case before we run out of time here. I want to get your thoughts on it. Nelda, you first, the first week of testimony is in the books. Who is ahead in this case?

BLAIR: Oh, the prosecution, no question about it. And obviously that's because the prosecution starts first and every case is that way. But this prosecution has done a very good job of building its case against Jackson, brick by brick. With the sister's testimony, the sister of the accuser's testimony last Thursday and Friday. I think they have done a very good job of showing the jury exactly what they want them to see.

HARRIS: Lida, I ask the question that way because a lot of folks who are watching this trial so far say that the testimony is cut both ways.

RODRIGUEZ-TASEFF: The testimony has definitely cut in favor of the defense thus far. The sister testified that, yes, we were held captive and we could not leave. Then she asking in cross-examination didn't you go shopping? Yeah. While you were out shopping did you tell anybody you were being held captive? Well, no. And didn't you lie to authorities about the fact that you were being -- while you were being held captive? Yeah, I did lie to authorities. Mesereau did a terrific job at deconstructing brick by brick, Nelda, her testimony and making it look like these people are lying like they have something to gain and that video spoke for itself.

HARRIS: Nelda, take the last word on it.

BLAIR: The jury is going to know the truth.

HARRIS: Ladies, good to see you. Got a little friction, got a little debate.

BLAIR: Thank you.

RODRIGUEZ-TASEFF: Get better, Tony.

HARRIS: Good stuff. Thank you both.

NGUYEN: This could cause a little friction as well. Our e-mail question of the day, depend ongoing what you think of it. The question is, what is your opinion of Martha Stewart, now? We got a couple e- mails to read to you this morning.

Luis says, "Martha is just playing up to the press for image improvement."

HARRIS: We have one more, OK. And this one from SPK, "I was never particularly a fan of Martha prior to her trial, now I am."

Thank you for the e-mails. We'll continue to get those e-mails from you at wam@cnn.com. When we get them from you, we'll put them on the air, next hour at CNN SATURDAY MORNING.

NGUYEN: Keep them coming.

President Bush says Syria must withdraw its troops from Lebanon and now. The Syrian president addresses the issue that happens today. We'll take a closer look at the standoff next hour.

HARRIS: And next on "House Call" our Dr. Sanjay Gupta looks at ways to overcome addictions.

I'm Tony Harris.

NGUYEN: I'm Betty Nguyen. We'll see you again at the top of the hour. "House Call" and your top stories straight ahead.

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