Return to Transcripts main page

CNN Wolf Blitzer Reports

Sheriff's deputies comb Michael Jackson's Neverland Ranch; Massachusetts court votes on gay marriage

Aired November 18, 2003 - 17:00   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.


JUDY WOODRUFF, CNN ANCHOR: Happening now we're standing by for a news conference in Las Vegas where Michael Jackson has been shooting a new video. This may shed more light on the search by sheriff's deputies at the pop star's California ranch today.
Stand by for hard news on WOLF BLITZER REPORTS.

(BEGIN VIDEOTAPE)

WOODRUFF (voice-over): Massachusetts marriage, a court clears the way for same sex couples or does it?

UNIDENTIFIED FEMALE: After 16 and a half years, Hillary and I are finally going to be able to get married.

UNIDENTIFIED FEMALE: If the will of the people has anything to say about it they will throw out any of the legislators that uphold this decision.

WOODRUFF: Bush in Britain, the president and the protests.

Michael Jackson, what's going on at the superstar's ranch?

And, the Martha Stewart case, why the queen of the kitchen is back in court.

(END VIDEOTAPE)

ANNOUNCER: This is WOLF BLITZER REPORTS for Tuesday, November 18, 2003.

WOODRUFF: Thanks for joining us. I'm Judy Woodruff. Wolf is off today.

There are surprising developments at the home of Michael Jackson. Authorities are serving a secret search warrant at his ranch near Santa Barbara, California.

CNN's Charles Feldman is nearby in Santa Maria with the story - Charles.

CHARLES FELDMAN, CNN NATIONAL CORRESPONDENT: Judy, as you well know anything involving Michael Jackson is always rife with all sorts of rumors. We will avoid those and stick to what we know for sure. What we know for sure is this. There was a search warrant, as you mentioned already, that was executed early this morning at the Neverland Ranch, which I'm right outside of here in Santa Barbara County in Southern California. That is Michael Jackson's home.

We can also tell you for a fact because we get this from the Santa Barbara Sheriff's Department that this is, of course, all part of an ongoing criminal investigation of Michael Jackson but this is where we stop short because the sheriff's department is not saying at this hour the exact nature of the criminal investigation nor what exactly it is that they are looking for but they've spent an awful lot of time looking for it whatever it is.

We know they've got about 20 people up there. It's a very large estate, as you can probably see from aerial shots, so it's going to take quite a bit of time.

I was told earlier when I spoke with a spokesperson for the sheriff's department that they expect, expect that the search should be concluded today but maybe not and the sheriff's department is anticipating a news conference. But, unfortunately, unfortunately I say for those of us in the press trying to get information, not until tomorrow morning, 11:00 Pacific time.

Now, of course, in the past there have been accusations leveled against Michael Jackson about alleged child abuse. None of those accusations ever reached the level of a criminal investigation and certainly not to the level that we're seeing today of a search with a search warrant of Michael Jackson's home.

But, again, as I said at the outset, Judy, the sheriff's department is staying mum as is the Santa Barbara District Attorney's Office which, by the way, has people along for the ride and part of this investigation but neither agency at this time is commenting about what the nature of the investigation is - Judy.

WOODRUFF: Charles, where did all this originate? Did the sheriff's department themselves disclose that this had happened?

FELDMAN: Good question and as far as we know what happened was there was a big stir here in the morning that didn't escape the notice of the press. Word was leaked out to different news organizations as these things often happen that there was something going on at Michael Jackson's place and before you knew it you had a whole bunch of news vans and camera crews and reporters, such as myself, here to try to find out what the heck is going on.

WOODRUFF: All right, Charles Feldman reporting for us in Santa Maria, California not far from the Jackson ranch. Thank you very much, Charles.

Well, the search comes on the same day that Michael Jackson is releasing a greatest hits CD and, once again, his personal life is stealing the spotlight from his work.

(BEGIN VIDEOTAPE) WOODRUFF (voice-over): From public behavior to private accusations it appears Michael Jackson's world only grows more isolated. News that investigators have searched his Neverland Ranch as part of a criminal investigation invokes a litany of bizarre displays, charges, and countercharges.

In 1993, the man who built much of his image and empire around his appeal to children was accused of child molestation by a then 13- year-old boy.

MICHAEL JACKSON: Don't treat me like a criminal because I am innocent.

WOODRUFF: No charges were ever filed. The investigation was suspended and the parties settled out of court for an undisclosed amount but the damage to Michael Jackson's reputation was devastating.

In the eyes of fans and observers he had already become at the very least strangely different than the pop icon who had been a huge childhood star and later recorded the 1982 mega hit "Thriller" still the second best-selling album of all time.

Reports of numerous plastic surgeries, which Jackson later minimized, his short-lived marriage to Lisa Marie Pressley, his later marriage and subsequent divorce to a doctor's assistant named Debbie Rowe (ph) all contributed to the image of a supernova who either just couldn't relate normally to people or who was badly misunderstood.

A year ago this shocking scene on the balcony of a Berlin hotel again brought serious questions about Jackson's behavior. This child was one of his own. He later admitted the act was reckless.

But early this year familiar concerns bubbled again. In an interview with a British journalist Jackson admitted that he had slept in a bed with many children, including actor McCauley Caulkin and Caulkin's siblings.

He called the practice loving and said he had let his own three children sleep with people he knew. Like other episodes in Michael Jackson's past, the (UNINTELLIGIBLE) attempt at spin had spun out of control.

(END VIDEOTAPE)

WOODRUFF: Again, Michael Jackson's ranch searched today by sheriff's officials in California. As we find more developments on this story we'll bring them to you throughout this hour.

A major ruling by the highest court in Massachusetts is reigniting the fiery national debate over same sex marriage. The court narrowly ruled that under the Massachusetts Constitution the state cannot bar gay couples from marrying.

CNN's Deborah Feyerick is in New York tonight with the story - Deborah. DEBORAH FEYERICK, CNN CORRESPONDENT: Well, Judy, the ruling means that gay and lesbian couples will get the same protections and benefits as other married couples and the judges are giving state lawmakers six months to put this ruling into effect which means a lot of wedding bells in June.

(BEGIN VIDEOTAPE)

FEYERICK (voice-over): After 16 years and one daughter, Hillary and Julie Goodrich are finally planning their wedding.

UNIDENTIFIED FEMALE: Thank you to the Supreme Judicial Court of the sate of Massachusetts for seeing what we know to be true, which is that we are a couple that is worthy of the protections of marriage.

FEYERICK: The state's highest court voted 4-3 that denying gay and lesbian couples the right to marry violates the state's constitution in their words: "Limiting the protections, benefits, and obligations of civil marriage to opposite-sex couples violates the basic premises of individual liberty and equality under law protected by the Massachusetts Constitution."

MARY BONAUIO, GAY AND LESBIAN ADVOCATES AND DEFENDERS: Some court has finally had the courage to say this really is an issue about human equality and human dignity and it's time that the government treat these people fairly.

FEYERICK: But opponents say human dignity is the reason they're against same sex marriages.

SEN. JOHN CORNYN (R), TEXAS: The traditional definition of marriage between a man and a woman is best for our civilization, best for families and best for children.

FEYERICK: Several state lawmakers and Governor Mitt Romney say they're considering amending their constitution to ban the marriages.

GOV. MITT ROMNEY (R), MASSACHUSETTS: Marriage is a relationship between a man and a woman and that the exact equivalent to marriage is also reserved to a man and a woman.

FEYERICK: Although some have suggested that Massachusetts go the way of Vermont and allow what are called civil unions instead, supporters of gay marriage say the court ruling makes clear it's not good enough.

EVAN WOLFSON, EXECUTIVE DIRECTOR, FREEDOM TO MARRY: The court has said very clearly that the constitution requires full equality and equality means civil marriage licenses.

(END VIDEOTAPE)

FEYERICK: The federal government and most states forbid gays from marrying. This ruling could open the door to lots of challenges what one gay marriage advocate described as a state-by-state battle. Massachusetts lawmakers have six months to put the new ruling into effect and, again, that can mean lots of wedding bells and ceremonies in June - Judy.

WOODRUFF: Deborah, any sense at this point of what the Massachusetts legislature is going to do, whether they're going to take this up quickly or hold off or what?

FEYERICK: It does appear that they're going to take it up quickly. There are some moves underway to perhaps amend the constitution to prevent marriages altogether, perhaps something that might approximate Vermont's civil unions but, again, those in favor say that really that's not an option.

WOODRUFF: OK, Deborah Feyerick reporting on all this from New York, Debbie thank you.

Well here's your turn to weigh in on this story. Our web question of the day on this important story is this. "Should the Massachusetts legislature move to allow same-sex marriages"?

You can vote right now at cnn.com/wolf. We'll have the results later in this broadcast. And, while you're there we'd like to hear directly from you. Send us your comments anytime and we might read some of them at the end of this program.

Charges that could bring the death penalty, a judge rules on whether Scott Peterson will stand trial for the murders of his wife Laci Peterson and their unborn son.

Protecting chemical plants in the United States from terrorist attacks, why some say the right department is not in charge of your safety.

Overseas visit and an unprecedented level of security, President Bush arrives in London. We'll take you there live but first today's News Quiz.

(BEGIN VIDEO CLIP)

WOODRUFF (voice-over): Who was the first United States president to stay at Buckingham Palace, President Eisenhower, President Kennedy, President Reagan, or President Wilson, the answer coming up?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: All we saw was blackness so that was really scary.

(END VIDEO CLIP)

WOODRUFF: It is no children's story, a powerful storm wreaked havoc across the south and it is still on the move.

(COMMERCIAL BREAK) (BEGIN VIDEO CLIP)

WOODRUFF: Earlier we asked who was the first United States president to stay at Buckingham Palace? The answer President Woodrow Wilson, he became the first U.S. president to stay at the palace with King George V in December, 1918.

(END VIDEO CLIP)

WOODRUFF: In London, pageantry and protests, President Bush arrived on a state visit just a short while ago. He will defend the war in Iraq and he'll tell the British people that the use of force is sometimes necessary but anti-war activists are delivering their own message.

Let's go live to our Senior White House Correspondent John King. He is in London too where it is five hours later, ten o'clock at night. John, what are you seeing so far?

JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: Well, Judy tonight as we speak the president is resting at Buckingham Palace, a guest of the royal family. A reception for him and the first lady tonight out of the view of the cameras. The formal, elaborate welcoming ceremony for this state visit will come in the morning.

So, too, will come we are told the first widespread protest during the president's visit. The White House is being told expect 60,000, maybe 100,000 demonstrators in the streets of London to protest this president, mainly to protest his policy about going to war in Iraq and now the current security problems in post-war Iraq.

Other complaints being raised including, in some demonstrations on the streets tonight about U.S. environmental policy under President George W. Bush. Mr. Bush says he welcomes the protest, he perhaps putting the best face as he can on this saying it is the sign of the vibrant democracy here.

But in a speech delivered tomorrow perhaps the defining moment of this trip for all the pageantry at the palace, for all the meetings with Prime Minister Blair, the defining moment could come tomorrow when the president tries to reshape his image in Britain and in Europe by rebutting the critics who say, as they do in Europe, that he is a cowboy bent on going to war against the wishes of the Europeans, against the wishes of the United Nations.

The president will say that he very much wants to work through alliances and through multilateral institutions but, Judy, we are also told he will forcefully defend his decision to go to war in Iraq and, as you noted at the beginning of the report, say that sometimes military force is necessary and that he will not shy from using it if he believes that threshold has been met - Judy.

WOODRUFF: All right, John, a very important few days coming up for President Bush. Thanks very much.

In Iraq, meantime, U.S. forces are again pounding suspected guerrilla targets. A coalition spokesman says that armor and aircraft tonight hammered positions in Baghdad. Last night in Baquba, U.S. aircraft hit buildings on a road known as RPG Alley because of the frequent attacks from guerrillas armed with rocket-propelled grenades.

Italians offered a final tribute to 19 countrymen killed in last week's bombing of a military headquarters in Nasiriya. Thousands crowded a basilica in Rome for the state funeral and the mass was broadcast live on television. Earlier residents of Rome lined the streets to pay their respects to the victims.

An American Army officer today went before a U.S. military court in Saddam Hussein's hometown of Tikrit. Lieutenant Colonel Alan West is accused of punching and threatening an Iraqi detainee during an interrogation.

West allegedly fired his pistol near the prisoner to get information about a possible assassination plot. The pretrial hearing is to determine whether West should face a court martial.

There are late developments on U.S. efforts to crush the resistance in Iraq and the targeting of a house belonging to one of the most wanted men in Iraq.

For that let's turn to CNN's Senior Pentagon Correspondent Jamie McIntyre - Jamie.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Judy, the U.S. military may not yet have gotten Izzat Ibrahim al-Douri, the second most wanted man in Iraq but they have destroyed his house as part of a campaign designed to crush the insurgency according to Pentagon sources.

In the raid two nights ago a multiple launch rocket system was used to level the home of al-Douri who was Saddam Hussein's top deputy and suspected of orchestrating many of the recent attacks against U.S. forces.

The house was one of more than a dozen structures the U.S. military has destroyed in recent days in an effort to deny sanctuary to those who are fighting the U.S. occupation, a new tactic that's part of a more aggressive strategy.

Pentagon officials, however, reject any comparison to the tactics employed by the Israeli military in the West Bank and Gaza saying that the U.S. actions are not aimed at punishing sympathizers with Saddam Hussein but rather aimed at eliminating legitimate military targets.

The Pentagon says that coalition forces are continuing to target any building that may be used by anti-coalition forces to either plan attacks, produce weapons or harbor insurgents. That's how a Pentagon spokesman put it this evening - Judy.

WOODRUFF: All right, Jamie McIntyre with the latest on all this from the Pentagon. Jamie, thank you.

Facing the judge domestic diva Martha Stewart back in a federal court for arguments on her stock scandal case.

A long and emotional journey, remains found in southeast Asia believed to be those of the brother of presidential candidate Howard Dean.

Severe storms and several scary moments for residents in the south, an update on where this dangerous weather system is moving right now.

(COMMERCIAL BREAK)

WOODRUFF: A line of severe thunderstorms marching across the southern United States at this hour. These live pictures we're going to show you are from Atlanta where the storm is expected to hit shortly. Across the region, some communities are experiencing flooding and property damage.

The storms have already taken a toll as they make their way across Alabama. There was wind damage in Louisiana and a tornado in Mississippi but the early brunt of the storms was felt most strongly in Texas.

(BEGIN VIDEOTAPE)

WOODRUFF (voice-over): Splintered trees, flooded streets and destroyed buildings. It was a day of destruction for parts of Texas.

UNIDENTIFIED FEMALE: Out of nowhere it just happened.

WOODRUFF: And their troubles aren't over yet as many parts of the south continue to see tornado watches throughout the day today. The past 24 hours have made clear just how many close calls there were as storms swept across Texas.

This driver found himself trapped on top of his 18-wheeler for close to four hours before the Houston police rescue team returned him to dry land. And just miles away this school bus full of children stalled in the rapidly rising water before members of the Houston Fire Department rescued them using a raft.

The storm slammed into this daycare center ripping of its ceiling and showering it with shattered glass. Eleven children suffered minor cuts and bruises.

UNIDENTIFIED FEMALE: I guess he got cut with some of the glass. They were in this room napping.

WOODRUFF: And relief for parents when this school was spared by the storm while the church just beside it was destroyed.

UNIDENTIFIED FEMALE: I walked through water, over trash. I had to pick up limbs to move them to get over here but I just wanted to make sure that I got here to pick her up.

WOODRUFF: But with more severe storms in the forecast many Texans simply brace for what's in store and clean up what's been lost. (END VIDEOTAPE)

WOODRUFF: Well for an update now on the severe weather let's turn to our meteorologist Rob Marciano at the CNN Weather Center in Atlanta. Rob, it's pretty bad.

(WEATHER REPORT)

WOODRUFF: Decision day in the case against Scott Peterson, a ruling made on whether he will stand trial for the death of his wife Laci and their unborn son. We're going to be live from Modesto.

Same-sex ruling, a Massachusetts Supreme Court clears the way for lesbian and gay couples to marry, reaction from both sides ahead.

And on the auction block one of the world's rarest jewels, a big rock with an even bigger price.

(COMMERCIAL BREAK)

WOODRUFF: On the table but stalling why some members of Congress don't want laws that would mandate chemical plant security.

And the queen of household beautification back in court today. Will Martha Stewart walk on some charges or will prosecutors have their way?

(COMMERCIAL BREAK)

WOODRUFF: Welcome back to CNN.

A judge's decision in the Scott Peterson preliminary hearing. We are live from Modesto but first a quick check of the latest headlines.

(NEWS BREAK)

WOODRUFF: Now, we turn to a developing story. Video clips showing what appears to be attacks on American forces in Iraq have begun appearing on Web sites around the Arab world. We have some video now. We want to warn you, some viewers may find it disturbing.

For our report, we turn to our national security correspondent David Ensor. David, what's all this about?

DAVID ENSOR, NATIONAL SECURITY CORRESPONDENT: Well, Judy, They started appearing on Web sites in the last week or so. It appears in the view of at least some of the analyst that is have look at them they are intended to be a propaganda and recruiting tool. Let's look at the first one here. This is said to be, according to the Web site, a Baghdad street. If you look under the tree there just behind the bus, there's what looks like an American Humvee. Watch what happens next. The video replays the explosion several times. The Web site doesn't say exactly where this took place, except that it took place in Baghdad. Now we could look at the second videotape. This one is, again, on a street in Baghdad. They named the neighborhood. You see what looks like a convoy being struck there. You can perhaps see the blasts behind the cars there.

Both of those videotapes are silent. The third one is not quiet at all. Let's have that one now. Here you see a shootout going on in what's supposed to be the Anami neighborhood, the Sunni neighborhood of Baghdad. And that of course is an American -- well, it looks like it is an American Humvee on the street coming under heavy machine gunfire. As you can hear, mixed in with the soundtrack of the fighting is a call to prayer. A Muslim call to prayer.

Now, all these videotapes have appeared on a number of Web sites that are seen around the Arab world and the writing on them is Arabic. As I say, analyst that is I have spoken to believe they are meant as recruiting tools, trying to get young Saudis and young Arabs from around the area to go to Iraq and fight against the Americans. Now Central Command had no comment on the taps I should say. We did try to reach the Saudi embassy but were unable to.

WOODRUFF: Can you be specific about what the Web sites are?

ENSOR: Well, they are Web site that is are -- one in particular that I know of is associated with a particular cleric who is somewhat controversial and who is thought to be, by some at least, to be connected with some of the people who might know something about the attacks. As you saw in the first videotape, it appears to be filmed by someone who knew what was going to happen.

WOODRUFF: But clearly, this has come to the attention of the U.S. Government?

ENSOR: Well, they'll be looking at the tapes trying to glean any intelligence benefit there might be from them. But most of all, they're seen as a recruiting tool quiet frankly.

WOODRUFF: All right, David Ensor, national security correspondent. David, thank you. Very disturbing pictures. You're right about that.

Are the nation's thousands of chemical plants vulnerable to attack?

Up next, part two of our special report.

Martha Stewart out of the kitchen and back in court. She's asking the judge to dismiss some of the charges against her. Did she get her way?

And running afoul. We promise you these bold birds are some of the toughest turkeys you'll ever see.

But first, a quick look at some other news making headlines around the world.

(BEGIN VIDEOTAPE)

WOODRUFF (voice-over): In Istanbul, the Jewish victim of the car bombings were buried today. 25 people were killed in the attacks, almost 300 wounded. Turkey's foreign minister says the bombings are linked to a group in Afghanistan with possible ties to al Qaeda.

Two dozen Kurdish protesters were arrested after taking over an Istanbul courthouse for a short time. Riot police freed several judges who were briefly held hostage by the protesters. The protesters want the government to free jailed Kurdish leader Abdullah Ocalan.

On his final day in South Korea, Defense Secretary Donald Rumsfeld Is defending the administration's request for international troop assistance in Iraq. In answer to a reporter's question about why South Korea should consider sending troops there, Rumsfeld said there were parallels today with American sending troops to Korea 50- years- ago. He said, quote, "it was not easy, and the enemy did not collapse within days, but it was the right thing to do, end quote."

In the Dutch city of Enthoven (ph), a fantasy world made of ice and snow has just opened for visitors. 50 artist came from around the world to create the ice sculptures. The arena is kept cold with six massive air conditioning units.

And for ice of a different sort we take you to Geneva, Switzerland where one of the world's rarest jewels is on the auction block. This is a 103 carat flawless D-colored diamond. And auction estimates say it can be yours for $10 million or so. And that's our look "Around the World."

(COMMERCIAL BREAK)

WOODRUFF: Happening now, an update on the story we led the program with. And that is a move by sheriff's deputies in California to search the ranch of pop star Michael Jackson. This news came out earlier today and right now in Las Vegas a news conference has just taken place. Las Vegas where Michael Jackson has been recording a new music video or CD. The CMX Studios have been promoting Jackson's music video. And a man named Dean Delorean just spoke with reporters. Here's what he said.

(BEGIN VIDEO CLIP)

DEAN DELOREAN, CMX STUDIOS: At this particular time, you guys, I can confirm for you that inside some of the Jackson members are here, Mr. Joe Jackson is here, Jermaine is here and Mrs. Jackson, as well as a couple of other people they're involved with. But at this particular time, we just want to reiterate at this particular time that CMX has no comments based upon who is using our facility and what is going on in our facility, simply because we represent a quality institution, and because we represent a quality institution and production we have to respect the professionalism of the people that utilize our facility.

(END VIDEO CLIP)

WOODRUFF: A man named Dean Delorean with CMX Studios, they are promoting Michael Jackson's latest music video and CD. Again, Michael Jackson himself has not commented on reports out of California. The sheriff's deputies in the Santa Barbara area searched Jackson's ranch earlier today. No more information than that at this point.

More now on those -- today's controversial ruling by the Massachusetts Supreme Court, which says that the state has no reason to bar same-sex marriages. Julie and Hillary Goodridge join us now from Boston. They are one of the couples who sued the state for denying them a marriage license. Julie and Hillary Goodridge, thank you very much for talking with us.

JULIE GOODRIDGE, PLAINTIFF: Thank you. It's a pleasure.

WOODRUFF: Julie, to you first, what does this ruling mean to you?

J. GOODRIDGE: Well, it means that after 16 and a half years of being involved and in love with Hillary and raising a child together, that we're finally able to have a legal relationship to one another. And we're able to get married.

WOODRUFF: And is that what you're going to do, Hillary? Is that your plan now?

HILLARY GOODRIDGE, PLAINTIFF: Oh, absolutely. I mean, of course, we're considering eloping, but we need to wait for 180 days while the forms are corrected and some things are straightened out administratively. But we'll be getting married as soon as we can.

WOODRUFF: All right. The next step, so to speak, is with the Massachusetts state legislature. The Supreme Court having said the legislature needs to act on this -- on this matter. What do you expect the state legislature is going to do?

J. GOODRIDGE: Well, we expect that the state legislature -- although, you know, will probably just change the forms that you have to fill out when you go to apply for a marriage license.

WOODRUFF: And what would the thrust of that be?

J. GOODRIDGE: I guess so that it doesn't say husband and wife.

(CROSSTALK)

H. GOODRIDGE: They're actually the forms that we saw, it had bride and groom written on them. So they would just make them gender- neutral.

WOODRUFF: So, in other words, enable this to take place, enable...

H. GOODRIDGE: Exactly.

WOODRUFF: ... same-sex marriage to take place.

H. GOODRIDGE: Exactly.

WOODRUFF: Now, at the same time all this is going on, you have the governor of your state, Mitt Romney, saying he is going to push for a federal amendment to the U.S. Constitution saying that marriage essentially has to be between a man and woman.

J. GOODRIDGE: You know what, Judith (sic), I think the thing that you need to realize is that the reason that we did this, we went down to City Hall, you know, two and a half years ago to apply for a marriage license. And the reason that we did is because we realized that there was no better way for us to protect our family, our daughter, and to maintain the commitment that we have to each other, to support each other in sickness and in health, without a marriage license and without the opportunity to get married.

And so I know that there are a lot of people that have a hard time with this. I know that there are a lot of religious institutions that have a hard time with kind of the concept of gay marriage and lesbian marriage. But the reality is that, you know, what we do together and the commitment that we've made to one another is now going to be recognized in the state of Massachusetts, and we are so thrilled to have been able to be a part of it.

WOODRUFF: All right. Well, we are going to leave it there for now. Julie and Hillary Goodridge, thank you so much for talking with us.

J. GOODRIDGE: Thank you.

H. GOODRIDGE: Thank you.

WOODRUFF: I'm sure we'll be following this in the days and the weeks to come. Again, our thanks.

Well, now, we want to turn to the other side of this story. Ray Flynn, former mayor of Boston, is president of the group, Your Catholic Voice. As we said, also the former mayor of Boston, very active with the Vatican, former ambassador to the Vatican.

Mr. Flynn, what do you say to couples like Julie and Hillary Goodridge who say that they now want to move, get on with their lives, do everything they can to protect themselves and their daughter?

RAY FLYNN, PRESIDENT, YOUR CATHOLIC VOICE: Well, what the court decided today has really changed the definition of marriage, a radical departure from the traditional marriage of one man, one woman, principally for the procreation and the education of children, the stability of family. This is a dramatic departure from that.

And of course, there's a great deal of celebration going on here. But I think in the final analysis, this now has become a major political issue in the presidential election, and I think the silent majority, the people of this country, will have the last voice on this whole matter.

WOODRUFF: Well, what do you say, though, again, to people like couples, like the young women we just heard from, Julie and Hillary Goodridge, who say they simply want to get on with their lives and protect themselves and their daughter?

FLYNN: Well, why does that require a fundamental change in the definition of marriage? This definition of marriage has been with us in this country for 216 years. It's part of the moral, the natural order of things. This is consistent with the way things have always been, the traditional family, one man, one woman. And why do we have to change that tradition and that history for the sake of political correctness for the benefit of a small number of activist people in our society?

WOODRUFF: And yet, I believe what they argue, in return, is that it's their private lives, and if they are two individuals of the same sex who love one another, what is the business of the government telling them how they can structure their lives?

FLYNN: Well, what is the business of the government sanctioning a marriage, which for 2,000 years has been in violation -- which has been traditional part of the Judeo-Christian ethic. Why should we change all our laws in this country in order to accommodate a small number of people? They've indicated that they've been partners for 16 years. Why do the rest of us now have to change our laws so that it conforms to what they believe is politically correct and what's in their interest? What about this country rooted in tradition, in family, and children and upbringing and values? What happens to all that? Does that go out the window?

WOODRUFF: Well, we're going to have to leave it with your question. Ray Flynn, former mayor of the city of Boston, now president of the group Your Catholic Voice. Mr. Flynn, good to see you again. Thank you very much.

FLYNN: Thank you, Judy.

WOODRUFF: We appreciate it.

Turning to another story we're following today. A California judge has said that Scott Peterson will have to stand trial on two counts of murder for the death of his wife and his unborn son. The decision came just after a courtroom presentation by the prosecution at Peterson's preliminary hearing. At the hearing, Peterson's defense team decided not to call witnesses, a move that kept Peterson's ex- mistress, Amber Frey, from testifying before the actual trial.

Martha Stewart and her lawyers were in a New York City courtroom today, asking the judge to dismiss some of the charges that she faces in connection with the stock scandal. CNN's Allan Chernoff is there with the details -- Allan.

ALLAN CHERNOFF, CNN CORRESPONDENT: Judy, hello. And Martha Stewart does have a no-nonsense judge. Miriam Cedarbaum. Today we were expecting to hear oral arguments in court. Instead, based upon the motions that had already been filed, Judge Cedarbaum quickly announced her decisions.

(BEGIN VIDEOTAPE)

CHERNOFF (voice-over): Martha Stewart's first legal line of defense collapsed today as the judge rejected Stewart's request to throw out charges of securities fraud and obstruction of justice. Stewart faces five criminal counts stemming from her sale of stock in ImClone Systems, a biotechnology company. Judge Miriam Cedarbaum ruled Stewart's motions were premature, adding "Ms. Stewart's argument that count nine, securities fraud, violates her First Amendment rights, is also not persuasive."

JOHN LAWRENCE ALLEN, ATTORNEY: The First Amendment does not give you the right to disseminate allegedly false information. And if the public was relying on Martha Stewart's published information about her stock or her dealings with regard to ImClone, then clearly it's not a First Amendment-protected right.

CHERNOFF: Judge Cedarbaum said Stewart could renew her request to dismiss charges at the end of the government's case.

Martha Stewart left the courthouse without commenting. Her next step, preparing for trial.

UNIDENTIFIED MALE: She's going to have to face a choice of will she testify, get on the witness stand and subject herself to cross- examination.

CHERNOFF: Judge Cedarbaum also denied a request from Stewart's co-defendant, her stockbroker, Peter Bacanovic, for a separate trial.

(END VIDEOTAPE)

CHERNOFF: The judge scheduled jury selection to begin a little earlier than had been expected, now set for January 8 with a questionnaire to screen potential jurors. She said oral arguments will start on January 22 at the earliest.

The U.S. attorney Michael Shafter (ph) said that he expects the government will need three weeks to present its case. And Ms. Stewart's lead attorney, Robert Morvillo (ph), said that he will need two weeks for defense -- Judy.

WOODRUFF: All right. Allan Chernoff, thank you very much for the latest from New York on all that.

A late development in the Michael Jackson case. We're going to have a live report just ahead.

(COMMERCIAL BREAK)

WOODRUFF: Some breaking news in our lead story tonight. Sheriff's deputies search the ranch of pop star Michael Jackson. We have some late developments.

And for that, let's go to Charles Feldman outside the Neverland Ranch in Santa Barbara.

CHARLES FELDMAN, CNN CORRESPONDENT: Judy, I said earlier, as you recall, that we weren't going to report rumor, only facts. Now, we have facts to tell you. A source with knowledge of this investigation tells CNN that the criminal investigation into Michael Jackson's stems from an accusation of child molestation. Now, earlier this morning, as we've already reported, bright and early, in fact, there was a raid, complete with a court sanctioned search warrant of Neverland, that's the estate behind me where Michael Jackson calls home. But up until now and, in fact, including now, law enforcement officials are staying mum about the nature of this investigation. All they would say is that members of the sheriff's department and the Santa Barbara district attorney's office were on the scene look for something. They wouldn't say what.

But, As I reported, CNN has been told by a source with knowledge of this investigation, that this criminal investigation into singer Michael Jackson stems from an accusation of child molestation. Now, a spokesperson for Michael Jackson tells CNN that the singer is unaware of the nature of this investigation, does not know, according to the spokesman what this is all about. Actually, devise all of the commentary and so-called experts who have been filling the airwaves ever since the story broke early this morning. In fact, a little while ago we reported that we were told that Michael Jackson, who is in Las Vegas where he's recording a music video, was asleep until 12:30 Pacific time, and unaware of the raid going on -- Judy.

WOODRUFF: So, Charles again, clarify where this latest information is coming from and what the sheriff's department is officially saying.

FELDMAN: OK. What I can tell you, Judy, is that law enforcement officials are not saying anything. Law enforcement officials are saying they will have a news conference tomorrow at 11:00 Pacific time and tell what this is about. What I'm saying is that CNN has been told by a source who has knowledge of this investigation that it is an accusation of child molestation.

WOODRUFF: OK. I wanted to get that very, very clear so we're not making any charges here that are at all confusing. All right. Charles Feldman, thank you for the latest. And again Charles reporting from outside the Neverland Ranch, Michael Jackson's ranch in Santa Barbara.

Now, we turn to our special report tonight. More than 15,000 chemical plants across the United States use toxic materials. The question is, are they prepared for a terror attack? Since 9/11, Congress has failed to mandate minimum security standards for the chemical industry. A bill has stalled on the Senate floor.

In her ongoing investigation, CNN's Jeanne Meserve tells us why.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): In the last two years, al Qaeda linked groups have attacked in Bali, Saudi Arabia, and Morocco, each time hitting civilian targets, each time with significant casualties. During that time, bills to strengthen security at America's chemical plants have stymied in the Senate.

SEN. JON CORZINE (D), NEW JERSEY: Private interests, special interest I think are trumping the public interest. And it was the most visible example I've seen since I've been in Congress. MESERVE: New Jersey Democrat, Jon Corzine, pushed a bill that would have put the EPA with it's expertise in hazardous chemicals in charge of regulating industry security. The chemical industry, which, during the last two elections, gave more than $18 million to various political candidates, lobbied hard against that.

MARTY DURBIN, AMERICAN CHEMISTRY COUNCIL: The appropriate department to have jurisdiction here is the Department of Homeland Security.

MESERVE: Republican James Inhofe agrees. The chairman of the committee considering legislation has put his weight behind a bill that puts the Department of Homeland Security not the EPA in charge.

SEN. JAMES INHOFE (R), OKLAHOMA: The EPA is not in the security business. The Department of Homeland Security is. I mean, who would you rather look after your security, the Green Peace or Navy Seals?

MESERVE: But just how much should be mandated for chemical facilities. Inhofe's bill gives Homeland Security the right to review chemical plant security plans, but does not require it. Homeland Security, for its part, says it would be prohibitly expensive to check every site. It wants, instead, to set guidelines and rely on industry to comply.

BOB LISCOUSKI, DEPT. OF HOMELAND SECURITY: We would call on those, based upon which ones we really need to look at. I think it's a more effective use of resources than have a ton of papers coming back into DHS that now we have to wade through.

MESERVE: But critics like Corzine, say that approach gives far too much leeway to industry.

CORZINE: As we know, there are plenty of company that is like to bend the rules. We see it in Enron and WorldCom. If they're willing to cheat in their accounting statements, how can we be assured that people aren't going to misbehave or cut corners or try to reduce the cost of providing for security and safer technology.

INHOFE: These are good people. There's nothing wrong with the chemical industry. And besides, don't forget, they don't want to create a hazard. It doesn't serve the interest in the chemical industry to create hazards.

MESERVE: Even if a bill does get out of the Senate, there are members of the House who oppose any new chemical security legislation. They say steps taken to date by government and industry are working just fine. In some industry insiders say it will take another 9/11 to get Congress and industry to move faster.

Jeanne Meserve, CNN, reporting.

(END VIDEOTAPE)

WOODRUFF: Tomorrow major sticking point in the debate. Should the industry be forced to use less toxic chemicals. And would you, the consumer, be willing to pay higher prices to foot the bill?

Well now, here is how you are weighing in on the web "Question of the Day." Should the Massachusetts legislature move to allow same sex marriages? Forty-four percent of you say, yes, while 56 percent of you say no. As we always tell you, this is not, of course, a scientific poll.

A reminder you can always catch WOLF BLITZER REPORTS weekdays at this time 5:00 Eastern. Wolf will be back here tomorrow.

Until then thanks for joining us. "LOU DOBBS TONIGHT" starts 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





Massachusetts court votes on gay marriage>


Aired November 18, 2003 - 17:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JUDY WOODRUFF, CNN ANCHOR: Happening now we're standing by for a news conference in Las Vegas where Michael Jackson has been shooting a new video. This may shed more light on the search by sheriff's deputies at the pop star's California ranch today.
Stand by for hard news on WOLF BLITZER REPORTS.

(BEGIN VIDEOTAPE)

WOODRUFF (voice-over): Massachusetts marriage, a court clears the way for same sex couples or does it?

UNIDENTIFIED FEMALE: After 16 and a half years, Hillary and I are finally going to be able to get married.

UNIDENTIFIED FEMALE: If the will of the people has anything to say about it they will throw out any of the legislators that uphold this decision.

WOODRUFF: Bush in Britain, the president and the protests.

Michael Jackson, what's going on at the superstar's ranch?

And, the Martha Stewart case, why the queen of the kitchen is back in court.

(END VIDEOTAPE)

ANNOUNCER: This is WOLF BLITZER REPORTS for Tuesday, November 18, 2003.

WOODRUFF: Thanks for joining us. I'm Judy Woodruff. Wolf is off today.

There are surprising developments at the home of Michael Jackson. Authorities are serving a secret search warrant at his ranch near Santa Barbara, California.

CNN's Charles Feldman is nearby in Santa Maria with the story - Charles.

CHARLES FELDMAN, CNN NATIONAL CORRESPONDENT: Judy, as you well know anything involving Michael Jackson is always rife with all sorts of rumors. We will avoid those and stick to what we know for sure. What we know for sure is this. There was a search warrant, as you mentioned already, that was executed early this morning at the Neverland Ranch, which I'm right outside of here in Santa Barbara County in Southern California. That is Michael Jackson's home.

We can also tell you for a fact because we get this from the Santa Barbara Sheriff's Department that this is, of course, all part of an ongoing criminal investigation of Michael Jackson but this is where we stop short because the sheriff's department is not saying at this hour the exact nature of the criminal investigation nor what exactly it is that they are looking for but they've spent an awful lot of time looking for it whatever it is.

We know they've got about 20 people up there. It's a very large estate, as you can probably see from aerial shots, so it's going to take quite a bit of time.

I was told earlier when I spoke with a spokesperson for the sheriff's department that they expect, expect that the search should be concluded today but maybe not and the sheriff's department is anticipating a news conference. But, unfortunately, unfortunately I say for those of us in the press trying to get information, not until tomorrow morning, 11:00 Pacific time.

Now, of course, in the past there have been accusations leveled against Michael Jackson about alleged child abuse. None of those accusations ever reached the level of a criminal investigation and certainly not to the level that we're seeing today of a search with a search warrant of Michael Jackson's home.

But, again, as I said at the outset, Judy, the sheriff's department is staying mum as is the Santa Barbara District Attorney's Office which, by the way, has people along for the ride and part of this investigation but neither agency at this time is commenting about what the nature of the investigation is - Judy.

WOODRUFF: Charles, where did all this originate? Did the sheriff's department themselves disclose that this had happened?

FELDMAN: Good question and as far as we know what happened was there was a big stir here in the morning that didn't escape the notice of the press. Word was leaked out to different news organizations as these things often happen that there was something going on at Michael Jackson's place and before you knew it you had a whole bunch of news vans and camera crews and reporters, such as myself, here to try to find out what the heck is going on.

WOODRUFF: All right, Charles Feldman reporting for us in Santa Maria, California not far from the Jackson ranch. Thank you very much, Charles.

Well, the search comes on the same day that Michael Jackson is releasing a greatest hits CD and, once again, his personal life is stealing the spotlight from his work.

(BEGIN VIDEOTAPE) WOODRUFF (voice-over): From public behavior to private accusations it appears Michael Jackson's world only grows more isolated. News that investigators have searched his Neverland Ranch as part of a criminal investigation invokes a litany of bizarre displays, charges, and countercharges.

In 1993, the man who built much of his image and empire around his appeal to children was accused of child molestation by a then 13- year-old boy.

MICHAEL JACKSON: Don't treat me like a criminal because I am innocent.

WOODRUFF: No charges were ever filed. The investigation was suspended and the parties settled out of court for an undisclosed amount but the damage to Michael Jackson's reputation was devastating.

In the eyes of fans and observers he had already become at the very least strangely different than the pop icon who had been a huge childhood star and later recorded the 1982 mega hit "Thriller" still the second best-selling album of all time.

Reports of numerous plastic surgeries, which Jackson later minimized, his short-lived marriage to Lisa Marie Pressley, his later marriage and subsequent divorce to a doctor's assistant named Debbie Rowe (ph) all contributed to the image of a supernova who either just couldn't relate normally to people or who was badly misunderstood.

A year ago this shocking scene on the balcony of a Berlin hotel again brought serious questions about Jackson's behavior. This child was one of his own. He later admitted the act was reckless.

But early this year familiar concerns bubbled again. In an interview with a British journalist Jackson admitted that he had slept in a bed with many children, including actor McCauley Caulkin and Caulkin's siblings.

He called the practice loving and said he had let his own three children sleep with people he knew. Like other episodes in Michael Jackson's past, the (UNINTELLIGIBLE) attempt at spin had spun out of control.

(END VIDEOTAPE)

WOODRUFF: Again, Michael Jackson's ranch searched today by sheriff's officials in California. As we find more developments on this story we'll bring them to you throughout this hour.

A major ruling by the highest court in Massachusetts is reigniting the fiery national debate over same sex marriage. The court narrowly ruled that under the Massachusetts Constitution the state cannot bar gay couples from marrying.

CNN's Deborah Feyerick is in New York tonight with the story - Deborah. DEBORAH FEYERICK, CNN CORRESPONDENT: Well, Judy, the ruling means that gay and lesbian couples will get the same protections and benefits as other married couples and the judges are giving state lawmakers six months to put this ruling into effect which means a lot of wedding bells in June.

(BEGIN VIDEOTAPE)

FEYERICK (voice-over): After 16 years and one daughter, Hillary and Julie Goodrich are finally planning their wedding.

UNIDENTIFIED FEMALE: Thank you to the Supreme Judicial Court of the sate of Massachusetts for seeing what we know to be true, which is that we are a couple that is worthy of the protections of marriage.

FEYERICK: The state's highest court voted 4-3 that denying gay and lesbian couples the right to marry violates the state's constitution in their words: "Limiting the protections, benefits, and obligations of civil marriage to opposite-sex couples violates the basic premises of individual liberty and equality under law protected by the Massachusetts Constitution."

MARY BONAUIO, GAY AND LESBIAN ADVOCATES AND DEFENDERS: Some court has finally had the courage to say this really is an issue about human equality and human dignity and it's time that the government treat these people fairly.

FEYERICK: But opponents say human dignity is the reason they're against same sex marriages.

SEN. JOHN CORNYN (R), TEXAS: The traditional definition of marriage between a man and a woman is best for our civilization, best for families and best for children.

FEYERICK: Several state lawmakers and Governor Mitt Romney say they're considering amending their constitution to ban the marriages.

GOV. MITT ROMNEY (R), MASSACHUSETTS: Marriage is a relationship between a man and a woman and that the exact equivalent to marriage is also reserved to a man and a woman.

FEYERICK: Although some have suggested that Massachusetts go the way of Vermont and allow what are called civil unions instead, supporters of gay marriage say the court ruling makes clear it's not good enough.

EVAN WOLFSON, EXECUTIVE DIRECTOR, FREEDOM TO MARRY: The court has said very clearly that the constitution requires full equality and equality means civil marriage licenses.

(END VIDEOTAPE)

FEYERICK: The federal government and most states forbid gays from marrying. This ruling could open the door to lots of challenges what one gay marriage advocate described as a state-by-state battle. Massachusetts lawmakers have six months to put the new ruling into effect and, again, that can mean lots of wedding bells and ceremonies in June - Judy.

WOODRUFF: Deborah, any sense at this point of what the Massachusetts legislature is going to do, whether they're going to take this up quickly or hold off or what?

FEYERICK: It does appear that they're going to take it up quickly. There are some moves underway to perhaps amend the constitution to prevent marriages altogether, perhaps something that might approximate Vermont's civil unions but, again, those in favor say that really that's not an option.

WOODRUFF: OK, Deborah Feyerick reporting on all this from New York, Debbie thank you.

Well here's your turn to weigh in on this story. Our web question of the day on this important story is this. "Should the Massachusetts legislature move to allow same-sex marriages"?

You can vote right now at cnn.com/wolf. We'll have the results later in this broadcast. And, while you're there we'd like to hear directly from you. Send us your comments anytime and we might read some of them at the end of this program.

Charges that could bring the death penalty, a judge rules on whether Scott Peterson will stand trial for the murders of his wife Laci Peterson and their unborn son.

Protecting chemical plants in the United States from terrorist attacks, why some say the right department is not in charge of your safety.

Overseas visit and an unprecedented level of security, President Bush arrives in London. We'll take you there live but first today's News Quiz.

(BEGIN VIDEO CLIP)

WOODRUFF (voice-over): Who was the first United States president to stay at Buckingham Palace, President Eisenhower, President Kennedy, President Reagan, or President Wilson, the answer coming up?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: All we saw was blackness so that was really scary.

(END VIDEO CLIP)

WOODRUFF: It is no children's story, a powerful storm wreaked havoc across the south and it is still on the move.

(COMMERCIAL BREAK) (BEGIN VIDEO CLIP)

WOODRUFF: Earlier we asked who was the first United States president to stay at Buckingham Palace? The answer President Woodrow Wilson, he became the first U.S. president to stay at the palace with King George V in December, 1918.

(END VIDEO CLIP)

WOODRUFF: In London, pageantry and protests, President Bush arrived on a state visit just a short while ago. He will defend the war in Iraq and he'll tell the British people that the use of force is sometimes necessary but anti-war activists are delivering their own message.

Let's go live to our Senior White House Correspondent John King. He is in London too where it is five hours later, ten o'clock at night. John, what are you seeing so far?

JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: Well, Judy tonight as we speak the president is resting at Buckingham Palace, a guest of the royal family. A reception for him and the first lady tonight out of the view of the cameras. The formal, elaborate welcoming ceremony for this state visit will come in the morning.

So, too, will come we are told the first widespread protest during the president's visit. The White House is being told expect 60,000, maybe 100,000 demonstrators in the streets of London to protest this president, mainly to protest his policy about going to war in Iraq and now the current security problems in post-war Iraq.

Other complaints being raised including, in some demonstrations on the streets tonight about U.S. environmental policy under President George W. Bush. Mr. Bush says he welcomes the protest, he perhaps putting the best face as he can on this saying it is the sign of the vibrant democracy here.

But in a speech delivered tomorrow perhaps the defining moment of this trip for all the pageantry at the palace, for all the meetings with Prime Minister Blair, the defining moment could come tomorrow when the president tries to reshape his image in Britain and in Europe by rebutting the critics who say, as they do in Europe, that he is a cowboy bent on going to war against the wishes of the Europeans, against the wishes of the United Nations.

The president will say that he very much wants to work through alliances and through multilateral institutions but, Judy, we are also told he will forcefully defend his decision to go to war in Iraq and, as you noted at the beginning of the report, say that sometimes military force is necessary and that he will not shy from using it if he believes that threshold has been met - Judy.

WOODRUFF: All right, John, a very important few days coming up for President Bush. Thanks very much.

In Iraq, meantime, U.S. forces are again pounding suspected guerrilla targets. A coalition spokesman says that armor and aircraft tonight hammered positions in Baghdad. Last night in Baquba, U.S. aircraft hit buildings on a road known as RPG Alley because of the frequent attacks from guerrillas armed with rocket-propelled grenades.

Italians offered a final tribute to 19 countrymen killed in last week's bombing of a military headquarters in Nasiriya. Thousands crowded a basilica in Rome for the state funeral and the mass was broadcast live on television. Earlier residents of Rome lined the streets to pay their respects to the victims.

An American Army officer today went before a U.S. military court in Saddam Hussein's hometown of Tikrit. Lieutenant Colonel Alan West is accused of punching and threatening an Iraqi detainee during an interrogation.

West allegedly fired his pistol near the prisoner to get information about a possible assassination plot. The pretrial hearing is to determine whether West should face a court martial.

There are late developments on U.S. efforts to crush the resistance in Iraq and the targeting of a house belonging to one of the most wanted men in Iraq.

For that let's turn to CNN's Senior Pentagon Correspondent Jamie McIntyre - Jamie.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Judy, the U.S. military may not yet have gotten Izzat Ibrahim al-Douri, the second most wanted man in Iraq but they have destroyed his house as part of a campaign designed to crush the insurgency according to Pentagon sources.

In the raid two nights ago a multiple launch rocket system was used to level the home of al-Douri who was Saddam Hussein's top deputy and suspected of orchestrating many of the recent attacks against U.S. forces.

The house was one of more than a dozen structures the U.S. military has destroyed in recent days in an effort to deny sanctuary to those who are fighting the U.S. occupation, a new tactic that's part of a more aggressive strategy.

Pentagon officials, however, reject any comparison to the tactics employed by the Israeli military in the West Bank and Gaza saying that the U.S. actions are not aimed at punishing sympathizers with Saddam Hussein but rather aimed at eliminating legitimate military targets.

The Pentagon says that coalition forces are continuing to target any building that may be used by anti-coalition forces to either plan attacks, produce weapons or harbor insurgents. That's how a Pentagon spokesman put it this evening - Judy.

WOODRUFF: All right, Jamie McIntyre with the latest on all this from the Pentagon. Jamie, thank you.

Facing the judge domestic diva Martha Stewart back in a federal court for arguments on her stock scandal case.

A long and emotional journey, remains found in southeast Asia believed to be those of the brother of presidential candidate Howard Dean.

Severe storms and several scary moments for residents in the south, an update on where this dangerous weather system is moving right now.

(COMMERCIAL BREAK)

WOODRUFF: A line of severe thunderstorms marching across the southern United States at this hour. These live pictures we're going to show you are from Atlanta where the storm is expected to hit shortly. Across the region, some communities are experiencing flooding and property damage.

The storms have already taken a toll as they make their way across Alabama. There was wind damage in Louisiana and a tornado in Mississippi but the early brunt of the storms was felt most strongly in Texas.

(BEGIN VIDEOTAPE)

WOODRUFF (voice-over): Splintered trees, flooded streets and destroyed buildings. It was a day of destruction for parts of Texas.

UNIDENTIFIED FEMALE: Out of nowhere it just happened.

WOODRUFF: And their troubles aren't over yet as many parts of the south continue to see tornado watches throughout the day today. The past 24 hours have made clear just how many close calls there were as storms swept across Texas.

This driver found himself trapped on top of his 18-wheeler for close to four hours before the Houston police rescue team returned him to dry land. And just miles away this school bus full of children stalled in the rapidly rising water before members of the Houston Fire Department rescued them using a raft.

The storm slammed into this daycare center ripping of its ceiling and showering it with shattered glass. Eleven children suffered minor cuts and bruises.

UNIDENTIFIED FEMALE: I guess he got cut with some of the glass. They were in this room napping.

WOODRUFF: And relief for parents when this school was spared by the storm while the church just beside it was destroyed.

UNIDENTIFIED FEMALE: I walked through water, over trash. I had to pick up limbs to move them to get over here but I just wanted to make sure that I got here to pick her up.

WOODRUFF: But with more severe storms in the forecast many Texans simply brace for what's in store and clean up what's been lost. (END VIDEOTAPE)

WOODRUFF: Well for an update now on the severe weather let's turn to our meteorologist Rob Marciano at the CNN Weather Center in Atlanta. Rob, it's pretty bad.

(WEATHER REPORT)

WOODRUFF: Decision day in the case against Scott Peterson, a ruling made on whether he will stand trial for the death of his wife Laci and their unborn son. We're going to be live from Modesto.

Same-sex ruling, a Massachusetts Supreme Court clears the way for lesbian and gay couples to marry, reaction from both sides ahead.

And on the auction block one of the world's rarest jewels, a big rock with an even bigger price.

(COMMERCIAL BREAK)

WOODRUFF: On the table but stalling why some members of Congress don't want laws that would mandate chemical plant security.

And the queen of household beautification back in court today. Will Martha Stewart walk on some charges or will prosecutors have their way?

(COMMERCIAL BREAK)

WOODRUFF: Welcome back to CNN.

A judge's decision in the Scott Peterson preliminary hearing. We are live from Modesto but first a quick check of the latest headlines.

(NEWS BREAK)

WOODRUFF: Now, we turn to a developing story. Video clips showing what appears to be attacks on American forces in Iraq have begun appearing on Web sites around the Arab world. We have some video now. We want to warn you, some viewers may find it disturbing.

For our report, we turn to our national security correspondent David Ensor. David, what's all this about?

DAVID ENSOR, NATIONAL SECURITY CORRESPONDENT: Well, Judy, They started appearing on Web sites in the last week or so. It appears in the view of at least some of the analyst that is have look at them they are intended to be a propaganda and recruiting tool. Let's look at the first one here. This is said to be, according to the Web site, a Baghdad street. If you look under the tree there just behind the bus, there's what looks like an American Humvee. Watch what happens next. The video replays the explosion several times. The Web site doesn't say exactly where this took place, except that it took place in Baghdad. Now we could look at the second videotape. This one is, again, on a street in Baghdad. They named the neighborhood. You see what looks like a convoy being struck there. You can perhaps see the blasts behind the cars there.

Both of those videotapes are silent. The third one is not quiet at all. Let's have that one now. Here you see a shootout going on in what's supposed to be the Anami neighborhood, the Sunni neighborhood of Baghdad. And that of course is an American -- well, it looks like it is an American Humvee on the street coming under heavy machine gunfire. As you can hear, mixed in with the soundtrack of the fighting is a call to prayer. A Muslim call to prayer.

Now, all these videotapes have appeared on a number of Web sites that are seen around the Arab world and the writing on them is Arabic. As I say, analyst that is I have spoken to believe they are meant as recruiting tools, trying to get young Saudis and young Arabs from around the area to go to Iraq and fight against the Americans. Now Central Command had no comment on the taps I should say. We did try to reach the Saudi embassy but were unable to.

WOODRUFF: Can you be specific about what the Web sites are?

ENSOR: Well, they are Web site that is are -- one in particular that I know of is associated with a particular cleric who is somewhat controversial and who is thought to be, by some at least, to be connected with some of the people who might know something about the attacks. As you saw in the first videotape, it appears to be filmed by someone who knew what was going to happen.

WOODRUFF: But clearly, this has come to the attention of the U.S. Government?

ENSOR: Well, they'll be looking at the tapes trying to glean any intelligence benefit there might be from them. But most of all, they're seen as a recruiting tool quiet frankly.

WOODRUFF: All right, David Ensor, national security correspondent. David, thank you. Very disturbing pictures. You're right about that.

Are the nation's thousands of chemical plants vulnerable to attack?

Up next, part two of our special report.

Martha Stewart out of the kitchen and back in court. She's asking the judge to dismiss some of the charges against her. Did she get her way?

And running afoul. We promise you these bold birds are some of the toughest turkeys you'll ever see.

But first, a quick look at some other news making headlines around the world.

(BEGIN VIDEOTAPE)

WOODRUFF (voice-over): In Istanbul, the Jewish victim of the car bombings were buried today. 25 people were killed in the attacks, almost 300 wounded. Turkey's foreign minister says the bombings are linked to a group in Afghanistan with possible ties to al Qaeda.

Two dozen Kurdish protesters were arrested after taking over an Istanbul courthouse for a short time. Riot police freed several judges who were briefly held hostage by the protesters. The protesters want the government to free jailed Kurdish leader Abdullah Ocalan.

On his final day in South Korea, Defense Secretary Donald Rumsfeld Is defending the administration's request for international troop assistance in Iraq. In answer to a reporter's question about why South Korea should consider sending troops there, Rumsfeld said there were parallels today with American sending troops to Korea 50- years- ago. He said, quote, "it was not easy, and the enemy did not collapse within days, but it was the right thing to do, end quote."

In the Dutch city of Enthoven (ph), a fantasy world made of ice and snow has just opened for visitors. 50 artist came from around the world to create the ice sculptures. The arena is kept cold with six massive air conditioning units.

And for ice of a different sort we take you to Geneva, Switzerland where one of the world's rarest jewels is on the auction block. This is a 103 carat flawless D-colored diamond. And auction estimates say it can be yours for $10 million or so. And that's our look "Around the World."

(COMMERCIAL BREAK)

WOODRUFF: Happening now, an update on the story we led the program with. And that is a move by sheriff's deputies in California to search the ranch of pop star Michael Jackson. This news came out earlier today and right now in Las Vegas a news conference has just taken place. Las Vegas where Michael Jackson has been recording a new music video or CD. The CMX Studios have been promoting Jackson's music video. And a man named Dean Delorean just spoke with reporters. Here's what he said.

(BEGIN VIDEO CLIP)

DEAN DELOREAN, CMX STUDIOS: At this particular time, you guys, I can confirm for you that inside some of the Jackson members are here, Mr. Joe Jackson is here, Jermaine is here and Mrs. Jackson, as well as a couple of other people they're involved with. But at this particular time, we just want to reiterate at this particular time that CMX has no comments based upon who is using our facility and what is going on in our facility, simply because we represent a quality institution, and because we represent a quality institution and production we have to respect the professionalism of the people that utilize our facility.

(END VIDEO CLIP)

WOODRUFF: A man named Dean Delorean with CMX Studios, they are promoting Michael Jackson's latest music video and CD. Again, Michael Jackson himself has not commented on reports out of California. The sheriff's deputies in the Santa Barbara area searched Jackson's ranch earlier today. No more information than that at this point.

More now on those -- today's controversial ruling by the Massachusetts Supreme Court, which says that the state has no reason to bar same-sex marriages. Julie and Hillary Goodridge join us now from Boston. They are one of the couples who sued the state for denying them a marriage license. Julie and Hillary Goodridge, thank you very much for talking with us.

JULIE GOODRIDGE, PLAINTIFF: Thank you. It's a pleasure.

WOODRUFF: Julie, to you first, what does this ruling mean to you?

J. GOODRIDGE: Well, it means that after 16 and a half years of being involved and in love with Hillary and raising a child together, that we're finally able to have a legal relationship to one another. And we're able to get married.

WOODRUFF: And is that what you're going to do, Hillary? Is that your plan now?

HILLARY GOODRIDGE, PLAINTIFF: Oh, absolutely. I mean, of course, we're considering eloping, but we need to wait for 180 days while the forms are corrected and some things are straightened out administratively. But we'll be getting married as soon as we can.

WOODRUFF: All right. The next step, so to speak, is with the Massachusetts state legislature. The Supreme Court having said the legislature needs to act on this -- on this matter. What do you expect the state legislature is going to do?

J. GOODRIDGE: Well, we expect that the state legislature -- although, you know, will probably just change the forms that you have to fill out when you go to apply for a marriage license.

WOODRUFF: And what would the thrust of that be?

J. GOODRIDGE: I guess so that it doesn't say husband and wife.

(CROSSTALK)

H. GOODRIDGE: They're actually the forms that we saw, it had bride and groom written on them. So they would just make them gender- neutral.

WOODRUFF: So, in other words, enable this to take place, enable...

H. GOODRIDGE: Exactly.

WOODRUFF: ... same-sex marriage to take place.

H. GOODRIDGE: Exactly.

WOODRUFF: Now, at the same time all this is going on, you have the governor of your state, Mitt Romney, saying he is going to push for a federal amendment to the U.S. Constitution saying that marriage essentially has to be between a man and woman.

J. GOODRIDGE: You know what, Judith (sic), I think the thing that you need to realize is that the reason that we did this, we went down to City Hall, you know, two and a half years ago to apply for a marriage license. And the reason that we did is because we realized that there was no better way for us to protect our family, our daughter, and to maintain the commitment that we have to each other, to support each other in sickness and in health, without a marriage license and without the opportunity to get married.

And so I know that there are a lot of people that have a hard time with this. I know that there are a lot of religious institutions that have a hard time with kind of the concept of gay marriage and lesbian marriage. But the reality is that, you know, what we do together and the commitment that we've made to one another is now going to be recognized in the state of Massachusetts, and we are so thrilled to have been able to be a part of it.

WOODRUFF: All right. Well, we are going to leave it there for now. Julie and Hillary Goodridge, thank you so much for talking with us.

J. GOODRIDGE: Thank you.

H. GOODRIDGE: Thank you.

WOODRUFF: I'm sure we'll be following this in the days and the weeks to come. Again, our thanks.

Well, now, we want to turn to the other side of this story. Ray Flynn, former mayor of Boston, is president of the group, Your Catholic Voice. As we said, also the former mayor of Boston, very active with the Vatican, former ambassador to the Vatican.

Mr. Flynn, what do you say to couples like Julie and Hillary Goodridge who say that they now want to move, get on with their lives, do everything they can to protect themselves and their daughter?

RAY FLYNN, PRESIDENT, YOUR CATHOLIC VOICE: Well, what the court decided today has really changed the definition of marriage, a radical departure from the traditional marriage of one man, one woman, principally for the procreation and the education of children, the stability of family. This is a dramatic departure from that.

And of course, there's a great deal of celebration going on here. But I think in the final analysis, this now has become a major political issue in the presidential election, and I think the silent majority, the people of this country, will have the last voice on this whole matter.

WOODRUFF: Well, what do you say, though, again, to people like couples, like the young women we just heard from, Julie and Hillary Goodridge, who say they simply want to get on with their lives and protect themselves and their daughter?

FLYNN: Well, why does that require a fundamental change in the definition of marriage? This definition of marriage has been with us in this country for 216 years. It's part of the moral, the natural order of things. This is consistent with the way things have always been, the traditional family, one man, one woman. And why do we have to change that tradition and that history for the sake of political correctness for the benefit of a small number of activist people in our society?

WOODRUFF: And yet, I believe what they argue, in return, is that it's their private lives, and if they are two individuals of the same sex who love one another, what is the business of the government telling them how they can structure their lives?

FLYNN: Well, what is the business of the government sanctioning a marriage, which for 2,000 years has been in violation -- which has been traditional part of the Judeo-Christian ethic. Why should we change all our laws in this country in order to accommodate a small number of people? They've indicated that they've been partners for 16 years. Why do the rest of us now have to change our laws so that it conforms to what they believe is politically correct and what's in their interest? What about this country rooted in tradition, in family, and children and upbringing and values? What happens to all that? Does that go out the window?

WOODRUFF: Well, we're going to have to leave it with your question. Ray Flynn, former mayor of the city of Boston, now president of the group Your Catholic Voice. Mr. Flynn, good to see you again. Thank you very much.

FLYNN: Thank you, Judy.

WOODRUFF: We appreciate it.

Turning to another story we're following today. A California judge has said that Scott Peterson will have to stand trial on two counts of murder for the death of his wife and his unborn son. The decision came just after a courtroom presentation by the prosecution at Peterson's preliminary hearing. At the hearing, Peterson's defense team decided not to call witnesses, a move that kept Peterson's ex- mistress, Amber Frey, from testifying before the actual trial.

Martha Stewart and her lawyers were in a New York City courtroom today, asking the judge to dismiss some of the charges that she faces in connection with the stock scandal. CNN's Allan Chernoff is there with the details -- Allan.

ALLAN CHERNOFF, CNN CORRESPONDENT: Judy, hello. And Martha Stewart does have a no-nonsense judge. Miriam Cedarbaum. Today we were expecting to hear oral arguments in court. Instead, based upon the motions that had already been filed, Judge Cedarbaum quickly announced her decisions.

(BEGIN VIDEOTAPE)

CHERNOFF (voice-over): Martha Stewart's first legal line of defense collapsed today as the judge rejected Stewart's request to throw out charges of securities fraud and obstruction of justice. Stewart faces five criminal counts stemming from her sale of stock in ImClone Systems, a biotechnology company. Judge Miriam Cedarbaum ruled Stewart's motions were premature, adding "Ms. Stewart's argument that count nine, securities fraud, violates her First Amendment rights, is also not persuasive."

JOHN LAWRENCE ALLEN, ATTORNEY: The First Amendment does not give you the right to disseminate allegedly false information. And if the public was relying on Martha Stewart's published information about her stock or her dealings with regard to ImClone, then clearly it's not a First Amendment-protected right.

CHERNOFF: Judge Cedarbaum said Stewart could renew her request to dismiss charges at the end of the government's case.

Martha Stewart left the courthouse without commenting. Her next step, preparing for trial.

UNIDENTIFIED MALE: She's going to have to face a choice of will she testify, get on the witness stand and subject herself to cross- examination.

CHERNOFF: Judge Cedarbaum also denied a request from Stewart's co-defendant, her stockbroker, Peter Bacanovic, for a separate trial.

(END VIDEOTAPE)

CHERNOFF: The judge scheduled jury selection to begin a little earlier than had been expected, now set for January 8 with a questionnaire to screen potential jurors. She said oral arguments will start on January 22 at the earliest.

The U.S. attorney Michael Shafter (ph) said that he expects the government will need three weeks to present its case. And Ms. Stewart's lead attorney, Robert Morvillo (ph), said that he will need two weeks for defense -- Judy.

WOODRUFF: All right. Allan Chernoff, thank you very much for the latest from New York on all that.

A late development in the Michael Jackson case. We're going to have a live report just ahead.

(COMMERCIAL BREAK)

WOODRUFF: Some breaking news in our lead story tonight. Sheriff's deputies search the ranch of pop star Michael Jackson. We have some late developments.

And for that, let's go to Charles Feldman outside the Neverland Ranch in Santa Barbara.

CHARLES FELDMAN, CNN CORRESPONDENT: Judy, I said earlier, as you recall, that we weren't going to report rumor, only facts. Now, we have facts to tell you. A source with knowledge of this investigation tells CNN that the criminal investigation into Michael Jackson's stems from an accusation of child molestation. Now, earlier this morning, as we've already reported, bright and early, in fact, there was a raid, complete with a court sanctioned search warrant of Neverland, that's the estate behind me where Michael Jackson calls home. But up until now and, in fact, including now, law enforcement officials are staying mum about the nature of this investigation. All they would say is that members of the sheriff's department and the Santa Barbara district attorney's office were on the scene look for something. They wouldn't say what.

But, As I reported, CNN has been told by a source with knowledge of this investigation, that this criminal investigation into singer Michael Jackson stems from an accusation of child molestation. Now, a spokesperson for Michael Jackson tells CNN that the singer is unaware of the nature of this investigation, does not know, according to the spokesman what this is all about. Actually, devise all of the commentary and so-called experts who have been filling the airwaves ever since the story broke early this morning. In fact, a little while ago we reported that we were told that Michael Jackson, who is in Las Vegas where he's recording a music video, was asleep until 12:30 Pacific time, and unaware of the raid going on -- Judy.

WOODRUFF: So, Charles again, clarify where this latest information is coming from and what the sheriff's department is officially saying.

FELDMAN: OK. What I can tell you, Judy, is that law enforcement officials are not saying anything. Law enforcement officials are saying they will have a news conference tomorrow at 11:00 Pacific time and tell what this is about. What I'm saying is that CNN has been told by a source who has knowledge of this investigation that it is an accusation of child molestation.

WOODRUFF: OK. I wanted to get that very, very clear so we're not making any charges here that are at all confusing. All right. Charles Feldman, thank you for the latest. And again Charles reporting from outside the Neverland Ranch, Michael Jackson's ranch in Santa Barbara.

Now, we turn to our special report tonight. More than 15,000 chemical plants across the United States use toxic materials. The question is, are they prepared for a terror attack? Since 9/11, Congress has failed to mandate minimum security standards for the chemical industry. A bill has stalled on the Senate floor.

In her ongoing investigation, CNN's Jeanne Meserve tells us why.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): In the last two years, al Qaeda linked groups have attacked in Bali, Saudi Arabia, and Morocco, each time hitting civilian targets, each time with significant casualties. During that time, bills to strengthen security at America's chemical plants have stymied in the Senate.

SEN. JON CORZINE (D), NEW JERSEY: Private interests, special interest I think are trumping the public interest. And it was the most visible example I've seen since I've been in Congress. MESERVE: New Jersey Democrat, Jon Corzine, pushed a bill that would have put the EPA with it's expertise in hazardous chemicals in charge of regulating industry security. The chemical industry, which, during the last two elections, gave more than $18 million to various political candidates, lobbied hard against that.

MARTY DURBIN, AMERICAN CHEMISTRY COUNCIL: The appropriate department to have jurisdiction here is the Department of Homeland Security.

MESERVE: Republican James Inhofe agrees. The chairman of the committee considering legislation has put his weight behind a bill that puts the Department of Homeland Security not the EPA in charge.

SEN. JAMES INHOFE (R), OKLAHOMA: The EPA is not in the security business. The Department of Homeland Security is. I mean, who would you rather look after your security, the Green Peace or Navy Seals?

MESERVE: But just how much should be mandated for chemical facilities. Inhofe's bill gives Homeland Security the right to review chemical plant security plans, but does not require it. Homeland Security, for its part, says it would be prohibitly expensive to check every site. It wants, instead, to set guidelines and rely on industry to comply.

BOB LISCOUSKI, DEPT. OF HOMELAND SECURITY: We would call on those, based upon which ones we really need to look at. I think it's a more effective use of resources than have a ton of papers coming back into DHS that now we have to wade through.

MESERVE: But critics like Corzine, say that approach gives far too much leeway to industry.

CORZINE: As we know, there are plenty of company that is like to bend the rules. We see it in Enron and WorldCom. If they're willing to cheat in their accounting statements, how can we be assured that people aren't going to misbehave or cut corners or try to reduce the cost of providing for security and safer technology.

INHOFE: These are good people. There's nothing wrong with the chemical industry. And besides, don't forget, they don't want to create a hazard. It doesn't serve the interest in the chemical industry to create hazards.

MESERVE: Even if a bill does get out of the Senate, there are members of the House who oppose any new chemical security legislation. They say steps taken to date by government and industry are working just fine. In some industry insiders say it will take another 9/11 to get Congress and industry to move faster.

Jeanne Meserve, CNN, reporting.

(END VIDEOTAPE)

WOODRUFF: Tomorrow major sticking point in the debate. Should the industry be forced to use less toxic chemicals. And would you, the consumer, be willing to pay higher prices to foot the bill?

Well now, here is how you are weighing in on the web "Question of the Day." Should the Massachusetts legislature move to allow same sex marriages? Forty-four percent of you say, yes, while 56 percent of you say no. As we always tell you, this is not, of course, a scientific poll.

A reminder you can always catch WOLF BLITZER REPORTS weekdays at this time 5:00 Eastern. Wolf will be back here tomorrow.

Until then thanks for joining us. "LOU DOBBS TONIGHT" starts 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





Massachusetts court votes on gay marriage>