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ANDERSON COOPER 360 DEGREES

U.S. Insists on International Air Marshals; Iranian Death Toll Rises to 25,000; Searchers Look for Two Children Missing in Mudslide

Aired December 29, 2003 - 19:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

(BEGIN VIDEOTAPE)
ANDERSON COOPER, HOST (voice-over): America's first case of Mad Cow puts organic meat on the map.

The holiday threat. Why the U.S. wants international airlines to provide armed air marshals.

Why kids are overdosing on something you may have in your medicine cabinets.

And do you agree with our list of the best and worst movies of the year?

ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.

(END VIDEOTAPE)

COOPER: Good evening. Welcome to 360.

We have this just in to CNN. The spokesman for Michael Jackson has quit. The decision comes one day after Jackson's interview with "60 Minutes," in which he alleged police brutality.

Jackson's spokesman quit, citing, quote, "Strategic differences."

This is news just happening into CNN. We're going to have more details later on in the broadcast this evening.

First, our top story tonight. Just hours ago, the Department of Homeland Security announced it has ordered international airlines to place armed marshals on some flights coming into and leaving the U.S.

This is new, a new sign of just how serious authorities are taking the holiday threat.

CNN's justice correspondent Kelli Arena is on the story.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): The U.S. now wants armed air marshals on international flights that may pose a terror threat. If airlines do not comply, they could be denied U.S. landing rights. TOM RIDGE, SECRETARY OF HOMELAND SECURITY: It's pretty clear that it is understood by our international aviation partners that the threat to passenger aircraft is an international challenge.

ARENA: Officials say intelligence continues to suggest al Qaeda and related groups are planning another 9/11-type attack against the United States. Such information led to the cancellation of six Air France flights just last week and a general concern about flights out of Mexico.

RAFI RON, AIR AGE SECURITY SOLUTIONS: It was only on the background of the specific intelligence, you know, that was received a few weeks ago, concerning such a flight or flights, that suddenly everybody realized this is critical.

ARENA: The threat information is not limited to aviation. There is still concern about possible suicide bombings or the use of a weapon of mass destruction.

Officials say their most immediate challenge, deciphering intelligence regarding New Year's Eve.

RIDGE: We are as concerned today as we were yesterday. We'll be concerned as much this week as we were last week.

ARENA: Sources say there is information suggesting there could be an attack, but they do not have any specifics.

In New York, which hosts one of the biggest New Year's Eve celebrations, the planning goes on as usual.

MAYOR MICHAEL BLOOMBERG, NEW YORK CITY: You can rest assured the police department has done an enormous amount of planning. You're going to see a lot of cops there.

(END VIDEO CLIP)

ARENA: The air space over Times Square will be closed on New Year's Eve, and Nevada authorities have asked for air space over the Vegas strip to be closed to private planes and helicopters. Both cities have come up as potential targets -- Anderson.

COOPER: Kelli, right now are there any concerns that al Qaeda has trained pilots who are actually working for international airlines?

ARENA: Anderson, there is some intelligence suggesting al Qaeda has trained pilots among its ranks, but there's no evidence suggesting that any of them work for an international airline. But it is very much a concern, Anderson.

COOPER: All right. Kelli Arena, thanks very much on the story tonight.

In Iran, the suffering of tens of thousands continues after this Friday's earthquake. The scale of the tragedy is almost unimaginable. Today there was a brief moment of joy. A 6-month-old baby girl found alive, cradled in the protective embrace of her dead mother.

The death toll is at least 25,000 now. Unimaginable.

CNN's Matthew Chance is there.

(BEGIN VIDEOTAPE)

MATTHEW CHANCE, CNN CORRESPONDENT (voice-over): This is the human cost of the catastrophe that's befallen Bam.

With thousands of bodies already recovered, mass graves are being filled as fast as they can be dug. This is burial on an industrial scale. Few here have been spared death or grief.

Local clerics supervising the funeral rites are overwhelmed by the sheer numbers.

"We are trying the ground for 70,000 graves," one told me. "We're trying to give them all respect and an Islamic funeral. But it's becoming very hard for us. There are so many," he says.

The exact numbers of dead in this disaster zone have still to be reckoned.

(on camera) This is a grave site of enormous proportions, because it has to be. The bodies are being buried 100 at a time. Most will never be identified here. The authorities say quite simply there is nobody left in Bam who knows who they are.

(voice-over) In the ruins of the town, efforts continue to dig for survivors. But this is an increasingly desperate search, and there's debate about whether the time has now come to stop.

"There is slim hope," says one man, "that someone could be found alive."

"No," says another. "People need air and there is none under all this rubble."

Time may well have run out for anyone still trapped, but it's clear the cost of this catastrophe may yet exceed this country's worst fears.

Matthew Chance, CNN, Bam, in southeastern Iran.

(END VIDEOTAPE)

COOPER: Unimaginable.

Here's a fast fact for you. Nearly five times more people died in natural disasters in 2003 than the previous year. Two big disasters are largely responsible. Here are the numbers.

Of the more than 50,000 people killed in disasters around the globe, half of them perished in the rubble in Bam, Iran. More than 20,000 others died as a result of the summer heat wave across Europe.

Worldwide, insurers have paid out about $60 billion, $15 billion more than last year.

Right now in Southern California, the search is on for two children missing after a Christmas day mudslide slammed into a church camp.

Time is of the essence. Another rainstorm is in the forecast, and residents must worry about the possibility of even more mud.

Charles Feldman is at the search command center in San Bernardino.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Holy God, holy mighty, holy immortal, have mercy on us.

CHARLES FELDMAN, CNN CORRESPONDENT (voice-over): Father John Bachus (ph) blessed the grounds of what was St. Sophia Church Camp.

At least 12 people who gathered there for a Christmas day celebration that was not sanctioned by the church died after a 12-foot high wall of mud swept down the foothills of the San Bernardino Mountains following heavy rainfall.

With two more children still missing and believed dead, county crews continued the search, racing against predictions of more heavy rain expected early Tuesday morning.

UNIDENTIFIED MALE: Periodically in the upcoming days and weeks, our plan is to bring the cadaver dogs back into the areas that we feel have high probability.

FELDMAN: Two previous months of fires left the foothills devoid of most trees and vegetation, making conditions ripe for mudslides.

Susan Sneed has lived in these parts for nearly 40 years and is gearing up for what is supposed to be another winter storm.

SUSAN SNEED, SAN BERNARDINO COUNTY RESIDENT: We have a canyon in the side of our home. And it -- it's just wearing away the hillside. So we brought somebody in to hopefully push up the rocks to help save our home.

(END VIDEOTAPE)

FELDMAN: Now, one forecast predicts the rain could be so heavy tomorrow that we could get as much as an inch of water, an inch of rainfall per hour. Nonetheless, officials say they're going to take a wait and see attitude before deciding whether or not to order any evacuations -- Anderson.

COOPER: All right. Charles Feldman in San Bernardino. Thanks, Charles. On to Iraq now. According to some members of Iraq's governing council, Saddam may be talking, telling interrogators about his hidden stash of looted cash.

Details tonight from CNN's Jennifer Coggiola.

(BEGIN VIDEOTAPE)

JENNIFER COGGIOLA, CNN CORRESPONDENT (voice-over): Billions of dollars stashed away by Saddam, smuggled funds, its whereabouts unknown. Now, according to one member of the Iraqi Governing Council, Saddam Hussein has acknowledged money he looted from Iraq has been deposited abroad.

The U.S. estimates Saddam made off with nearly $40 billion. Now council member Iyad Allawi, quoted in two London-based Arab newspapers, saying that Mr. Hussein has told investigators what happened to the $40 billion, that he deposited the money under fictitious names into the banks of several countries, including Japan, Switzerland and Germany.

This afternoon the State Department said efforts were already underway to recover missing funds but could not confirm the newest reports yet.

J. ADAM ERELI, STATE DEPARTMENT SPOKESMAN: As we determine their veracity and credibility, we, along with the Iraqis -- I would put the emphasis on the Iraqis -- will spare no effort to ensure that the funds are returned to the people to whom they rightfully belong.

COGGIOLA: Important work for a country currently in debt up to $120 billion.

ERELI: The money that belongs -- that was stolen from the Iraqi people by the former regime will be returned to the Iraqi people.

(END VIDEOTAPE)

COGGIOLA: In the articles, two other members of the Iraqi Governing Council, when asked about these claims, both said they knew nothing about Saddam releasing information, specifically about his hidden funds.

One added, quote, "We don't have new information on funds, and if we did, we won't be talking about this" -- Anderson.

COOPER: So this report is really based on one member of the Iraqi Governing Council making this report to two Arab newspapers. How credible are these reports really? I mean, has the U.S. military been able to confirm any of them? Have they said anything about this?

COGGIOLA: Something important to keep in mind, absolutely. And there is no confirmation from the military specifically about these funds mentioned in the article.

But today the State Department did caution that there are lots of reports about what they call this spirited money and that they do expect these reports to continue. But they did add that so far, those banks who have actually confirmed funds that once belonged to the Iraqi regime, like Syria, have been cooperative about giving the money back -- Anderson.

COOPER: All right. Jennifer Coggiola. Thanks very much.

Right now we're following a number of fast moving stories "Cross Country." Let's take a look.

Provo Canyon, Utah. Deadly avalanche. Today, bad weather forced authorities to call off the search for two snowboarders missing after disappearing in that avalanche on Friday. Last night researchers recovered the body of one 19-year-old man. Two more still missing. More details on this story later on in tonight's broadcast.

Miami, Florida, juvenile killer case. Florida's attorney general has asked an appeals court to overrule its order that Lionel Tate get a new trial.

Meanwhile, Tate's family is considering a plea deal that would leave him behind bars only three more months. Now, Tate was 12, you might remember, when he killed a 6-year-old neighbor. The court threw out his murder conviction because his mental competency wasn't tested before trial.

Garfield Heights, Ohio, factory fire. At least 10 fire departments are battling a colossal blaze engulfing a magnesium recycling plant. There it is. Rain and explosions from magnesium's reaction with water are complicating the firefighter struggle. They report no injuries so far. We're following that story closely.

That's a look at stories "Cross Country" tonight.

Mad Cow in America, what it might mean for you at the grocery store. We're going to take a closer look at that tonight.

Plus, all of a sudden the government is moving to ban a type of wood. The problem is, it's in 50 million homes and playgrounds around the country. Is it in your home, too?

And Michael Jackson, he's now accusing the police of brutality. His spokesman just resigned. He's even got a picture he says proves the brutality. Tonight we'll let you judge for yourself.

But first, let's take a look inside the box, the top stories on tonight's network newscasts.

(COMMERCIAL BREAK)

COOPER: A lot of people out for the holidays.

The latest on Mad Cow now. The Agriculture Department says the cow in question was born in 1997, before some new feed restrictions were put in place. Significant, say some, because the new restrictions prohibit the use of certain cattle parts that can transmit Mad Cow Disease.

Now, the USDA still insists the food supply is safe. But some Americans say they want to start paying closer attention to what they're eating and where their food comes from.

Maria Hinojosa reports.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Come on in, folks.

MARIA HINOJOSA, CNN CORRESPONDENT (voice-over): A busy Monday morning at the Stony Croft dairy farm in Northwestern New Jersey.

UNIDENTIFIED FEMALE: There are no dyes in it, no antibiotics, no hormones.

HINOJOSA: These customers have driven more than an hour just to get fresh farm-made cheese.

Ken and Julie Bechtold's 20 Jersey cows are more popular than ever.

KEN BECHTOLD, DAIRY FARMER: I think most people are most interested in where the food was produced and who has produced that food.

HINOJOSA: The federal Centers for Disease Control say it's highly unlikely consumers can get Mad Cow Disease from meat, milk or cheese. But the discovery of Mad Cow Disease in a Seattle dairy cow has some consumers extra cautious.

KAY POWELL, CUSTOMER: Where the cows are being kept and the people that are raising the cows and making the cheese and serving the cheese are the people we're talking to. That gives me a feeling of confidence.

HINOJOSA: These Jersey cows and others, raised in what's called sustainable farming, eat only homegrown hay or grain from nearby farms, without the use of chemicals. They don't ever eat meat or poultry or their byproducts, thought to be the main means of transmitting Mad Cow or BSE.

BECHTOLD: We'll be able to tell how this crop was planted, what field it came off of.

HINOJOSA: Some farms go even further to ensure safety, avoiding pesticides, antibiotics or hormones or chemically fertilized hay. Then they can get a federal organic designation.

UNIDENTIFIED MALE: Already before the Mad Cow incident occurred this month, a good 10 to 20 percent of my customers were already asking the question, "Do you feed any animal byproducts?" We don't feed animal byproducts.

HINOJOSA: A top of the line diet, say these farmers, is what their customers want for their own diet, too.

(END VIDEOTAPE)

COOPER: Maria Hinojosa joins us now.

Maria, what do the cattle industry and the USDA say about the safety of organic beef?

HINOJOSA: You know what, Anderson? They say that their beef is as safe as any organic beef. And that's because, since 1997 it's been illegal to feed any cow cow brains or spinal cord tissue because that's suspected of carrying the Mad Cow Disease.

But you know, for people who want a little bit more treatment in terms of cows that have gotten special treatment, there is USDA certified organic meat. And this is meat that hasn't been exposed to pesticides, herbicides, antibiotics, hormones or chemically treated hay. It's very hard to come by, though.

So if you can't find it...

COOPER: Probably much more expensive.

HINOJOSA: Very expensive. So the good thing to do is call up your merchants, find out who's producing the meat. Call them up and find out if they're producing meat that's up to your standards.

COOPER: All right. Maria Hinojosa, thanks very much.

HINOJOSA: Thank you.

COOPER: Well, now to safety concerns in your backyard and the places where your kids play. Arsenic treated wood that's used in decks, fences, even playgrounds, is headed for extinction.

For details on why, here's CNN's Brian Cabell.

(BEGIN VIDEOTAPE)

BRIAN CABELL, CNN CORRESPONDENT (voice-over): For decades playground equipment and decks have been built with a preservative known as chromated copper arsenic, or CCA. It contains arsenic, a carcinogen.

The Environmental Protection Agency, according to a spokesman, has not determined that CCA treated wood poses significant risk to people, but there is evidence that there may be some elevated risks to children from long-term use.

The lumber industry has agreed to the ban but downplays the danger. A spokesman says, "Enough studies have been done by the EPA and others that show the arsenic exposure from wood treated with CCA is very small."

David Seitz, vice president of Play Nation, a playground equipment builder, says they stopped using CCA treated wood a couple of years ago.

(on camera): Was your company concerned about the possible health threats?

JOHN SEITZ, PLAY NATION VICE PRESIDENT: We're a consumer products company, so what we do is we listen to our customers.

CABELL: The EPA has advice for homeowners with CCA treated wood: Keep food out of contact with the wood, such as picnic tables. Children playing on the wood should wash their hands before eating. Don't burn the wood. And wear a dust mask, goggles and gloves when working with it.

The ban on CCA treated wood applies only to homes. It will still be allowed for commercial use. And while production of CCA wood for residential use stops at year's end, it will still be sold in stores until supplies run out. It will be replaced by arsenic-free alternatives.

Brian Cabell, CNN, Atlanta.

(END VIDEOTAPE)

COOPER: A number of international developments to tell you about right now in tonight's "Uplink." Let's take a look.

Tripoli, Libya, nuke program shut down. The head of the International Atomic Energy Agency says Libya's nuclear program was years away from producing a weapon, and Muhammad ElBaradei added the program is now dismantled and in boxes. His agency has just begun evaluating Libya's recently declared weapons program.

London, driven to the brink. The "London Observer" quotes rock guitarist Pete Townsend as saying he considered suicide after his arrest for suspicion of possessing child pornography.

The Who co-founded has denied being a pedophile and said he accessed an illegal web site as research for a campaign against child porn.

He was cleared, but his name is on a sex offender registry.

Mosul, Northern Iraq, suspected militants killed. U.S. troops killed three suspected members of an Islamic militant group in a firefight last night. That according to U.S. military. Washington links the group Ansar al Islam to al Qaeda.

That's a look at stories in the "Uplink" tonight.

Politics 2003. What a year it has been. In a moment we're going to look back at some of the winners and losers.

Also, the search for survivors continues after that Utah avalanche. Find out what rescue workers are facing. It is not easy.

And Michael Jackson in his own defense. Just a short time ago CNN learned that his spokesman has resigned. All this after a controversial interview in which Jackson alleged police abuse. We'll take a close look.

And that lead us to tonight's "Buzz." Did the Michael Jackson interview change your opinion of him? Vote now at CNN.com/360. Results at the end of the show.

(COMMERCIAL BREAK)

COOPER: For an off-election year, 2003 produced more than its share of political bombshells, from a seismic shift in the nation's most populous state to the Internet driven upheaval of the 2004 presidential race. As this year ends, things ain't what they used to be.

Let's take a closer look at these dramatic political moments with political analyst Carlos Watson in San Francisco this evening.

Carlos, good to see you.

CARLOS WATSON, POLITICAL ANALYST: Good to see you.

COOPER: What a year it has been. Your pick for political winners this year.

WATSON: Three winners stand out, Anderson.

Certainly Howard Dean, who went from an unknown front-runner to the unequivocal, unknown candidate -- I should say to the unequivocal front-runner in the Democratic race.

No. 2 has to be California Governor Arnold Schwarzenegger, formally the Terminator, now the Governator.

And I think the biggest year politically has to go to president George W. Bush. He's had a rocky year on a number of fronts. Certainly, the war has dominated a lot of attention, but ultimately, he's ended the year with some good news on the foreign policy front, including Saddam's capture, and some very good news on the economic front, including the third quarter growth number up over eight percent.

COOPER: Two Republicans on your list of winners. I bet there are going to be a lot of Democrats on your list of losers. Let's take a look.

WATSON: It's been a little tough, obviously, for certain Democrats.

When you think about the Democratic presidential race, Joe Lieberman and John Kerry started the year off as the prohibitive favorites on the Democratic side, and both end the year at 10 percent or under 10 percent in most national polls.

Another key loser, obviously, was Gray Davis. Record low approval ratings, 27 percent before he got turned out of office in October.

And last, but not least, obviously the biggest political loser of the year is probably Saddam Hussein.

COOPER: Well, yes, that one I'm not even going to question. That's a pretty obvious one right there, I guess. Couldn't get much worse for him, I don't suppose, right now.

The hottest issue in 2003, your opinion?

WATSON: Hottest issue, actually, surprisingly, was gay civil rights. This was an issue both Republicans and Democrats engaged on.

The Supreme Court in June struck down a 17-year-old ban against gay sex. And who wrote the opinion? Not a Democrat, but a Republican, Anthony Kennedy.

Also, as you recall, just a couple weeks ago, the Massachusetts Supreme Court essentially clear the way potentially for gay marriage. So two very big points, and a number of interesting polls on gay civil rights.

COOPER: And I think it's going to be fascinating to see how this plays out in the upcoming election, how big an issue this remains.

Finally, let's end with the wackiest moments of the year. What's your biggest wacky moment?

WATSON: You've got to come join me in my home state, of course. Gary Coleman, Mary Carey, Larry Flynt. The whole recall election, 135 candidates, some serious, some not quite that serious.

Certainly, that's probably the wackiest moment in politics in 2003.

COOPER: All right. Carlos Watson, good to talk to you, as always. Who knows what the new year will bring, but we'll be following it. Thanks, Carlos.

WATSON: Have a good one.

COOPER: You, too.

Still to come this evening, a developing story right now. A short time ago Michael Jackson's spokesman called it quits, this after Michael Jackson spoke out on his molestation arrest and alleged police brutality. We're going to talk about that coming up.

And a cold medicine is gaining popularity, but not for its intended use. We're going to take a look at over the counter cough medicine abuse among young people.

And later on, two people missing in an avalanche in Utah. Is there any hope they may still be alive? We'll talk with an expert ahead.

(COMMERCIAL BREAK)

COOPER: Let's get back up to speed. Here's tonight's "Reset."

Washington, the Department of Homeland Security says foreign airlines that fly over U.S. air space will be forced to have armed air marshals on some flights. An official says the mandate will kick in when there is specific intelligence suggesting a certain airplane may be in danger.

Also in Washington, the Pentagon is about to establish a review panel that will oversee the legal process for detainees being held at GTMO. A source says its four members will review verdicts reached by military tribunals and possibly pass on certain verdicts to the White House.

To San Bernardino, California, now. Emergency crews in southern California are bracing for more rain as they continue their search for two remaining victims of Thursday's mudslide, two kids. They're looking for two young boys, including an infant.

In North Carolina, seven people inside a car that led police on a high-speed chase, well they were killed when their car slid off the road and hit an embankment. You see the tree there.

Police say none of the victims was wearing a seat belt. The father of one of the victims says no one inside the car had a license to drive.

And that's a look at tonight's "Reset."

As we mentioned just a few seconds ago, the U.S. government is taking steps to beef up airline security, and Homeland Security Secretary Tom Ridge said just a short while ago that he is just as worried over the possibility of a terror attack as he was a week ago Sunday, when he raised the terror threat level to Code Orange.

Rand corporation senior analyst Steven Simon is co-author of "The Age of Sacred Terror." He joins us now from Washington.

Steven, thanks very much for being with us.

Armed air marshals on foreign flights. How good an idea is that?

STEVEN SIMON, CO-AUTHOR, "THE AGE OF SACRED TERROR": Well, anything is better than nothing. You want as much protection as you can get.

The question is whether many of these countries have the skilled personnel and the training programs and the appropriate weapons and so forth to field the number of sky marshals that might be required.

COOPER: And you talk about appropriate weapons. I mean, if they get the wrong weapon, the wrong kind of bullet, that can pierce an airplane if it's shot off.

SIMON: Yes, that's quite true. They need to be specially equipped. So...

COOPER: Are they -- I mean, how do foreign carriers stack up?

SIMON: Well, you know, the question is not so much the carriers as the governments that would have to produce the sky marshals to be on those airplanes.

And, you know, there, there is a very large divergence of capabilities. And presumably, the U.S. will provide the kind of training that some of these countries will require in order to field the sky marshals that we say are going to be required.

COOPER: I guess there's also concern that on some of these international carriers, I mean, it's only recently on the U.S. that the cockpit doors have been secured, locked.

I guess some of these international carriers, that is still not the case. That hasn't happened.

SIMON: That's correct. There's a big diversity of security practices among airlines. Well, national carriers. The U.S., Britain, Israel, France and Germany are, you know, probably at the top of the list, and then from then on, you get this wide divergence in capabilities.

COOPER: What do you think is behind the timing of this. This comes almost a week after the threat level was raised.

SIMON: Well, I think, this administration was deeply worried by the blizzard of intelligence that blew in over the last couple of weeks, indicating that some sort of attack against aviation or using aviation to attack targets within the United States was being contemplated by al Qaeda.

They are casting about for ways to deal with the situation. They've already made a number of improvements in new initiatives to improve security. But the capabilities and security practices of other countries from which attacks could be launched became an increasing concern. As well as the security practices implemented by non-U.S. airlines flying from those countries. So the administration looked for ways to deal with that particular problem. And the sky marshal proposal is one approach.

COOPER: All right, Steven Simon, I appreciate you joining us from the Rand Corporation. Thanks very much, Steven.

We move on tonight to Michael Jackson and some startling developments this evening. CNN learned Michael Jackson's spokesman has quit due to, quote, "strategic differences."

The move, of course, comes after the pop star's first TV interview since his arrest on molestation charges happened last night on "60 Minutes." During that interview, Jackson claims authorities gave him a rough time when he surrendered. He basically claimed they abused him. More on the accusations from Frank Buckley.

(BEGIN VIDEOTAPE)

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT (voice-over): Michael Jackson denied the allegations of child molestation.

MICHAEL JACKSON, POP STAR: Before I would hurt a child, I would slit my wrists. I would never hurt a child. Totally false.

BUCKLEY: And he held firm in his view that a grown man could share his bed with a child, who is not his own.

JACKSON: If you're going to be a pedophile, if you're going to be Jack the ripper, if you're going to be a murderer, it's not a good idea. That I'm not. That's how we were raised, and I didn't sleep in the bed with the child. Even if I did, it's OK. I slept on the floor. I gave the bed to the child.

BUCKLEY: Jackson also alleged in the "60 Minutes" interview that when he was arrested, sheriffs' deputies mistreated him, resulting in the swelling as depicted in this photo obtained by CNN from a source close to Jackson.

Jackson also claimed that he suffered a dislocated shoulder and can barely raise his arms. But immediately after he was released he was videotaped waving to onlookers.

Santa Barbara county authorities declined comment but said in a statement that Jackson was treated with courtesy and professionalism throughout the arrest and booking process. The statement goes on to say that Jackson's own attorney and personal security thanked the sheriff's department for its cooperation and professionalism. Jackson, meanwhile, will be in court on January 16 for his arraignment on multiple counts of child molestation. Frank Buckley, CNN, Los Angeles.

(END VIDEOTAPE)

COOPER: Well, how might Jackson's accusations of a rough arrest play out in court and affect his legal fight? Let's talk it over with "360" legal analyst Kimberly Guilfoyle Newsom. She's in San Francisco tonight. And in a short time, we're going to be joined by a Howard Bragman, a PR consultant who has worked with Jackson in the past.

But Kimberly, first, I understand you have been talking with some people on the defense team who have some new information?

KIMBERLY GUILFOYLE NEWSOM, "360" LEGAL ANALYST: They are pleased with Michael Jackson's performance and they felt like if he wanted to do a softball interview he wouldn't have gone on "60 Minutes" and had Ed Bradley question him. They felt that he was truthful and that he was telling the truth about being hurt by the sheriff's department and sources close to the defense tell me that they are considering pursuing that matter by filing a complaint.

COOPER: So they actually, the defense may actually file some sort of complaint against Los Angeles police or against the police there? NEWSOM: With the sheriff's department, that's correct. You would do that with the county and it still can be done in a timely manner. There's about a one-year deadline for that.

COOPER: The sheriff's department has come out, though, and said these charges are basically just not true. And, I mean, if you look at the timeline, Jackson says he was locked in a bathroom for as many as 45 minutes. His whole processing didn't take very long, did it?

NEWSOM: Well, according to reports at the time, no, it did not. It was shorter than that. However, again, there may be some problems with the exact time frame. But he is alleging that he was mistreated. He does have the bruises on there. It remains to be determined whether or not that was caused by the handcuff. He had his handcuffs behind his back and it's common to get injuries if you are cuffed too tightly and if he was moving around at all when he was handcuffed, he could sustain injuries like that.

COOPER: I didn't quite understand, his injuries in that photo or alleged injuries was on his upper arm. I haven't been arrested yet, but I understand handcuffs are a little bit lower down on the arm.

NEWSOM: They are.

COOPER: Also I want to bring in, Kimberly, Howard Bragman, the PR consultant from Los Angeles. We're bringing Mr. Bragman in because he's work with Mr. Jackson in the past. But also because the Jackson spokesman has now quit, citing differences. Mr. Bragman, good evening and thanks for joining us. What do you make of this spokesman quitting?

HOWARD BRAGMAN, PR CONSULTANT: Well, I've worked with Michael in the past and Michael's gone through a lot of PR people in his history. So I'm not really surprised. It's hard to have a one-on-one conversation with Michael. First of all, there's a lot of layers to deal with. And secondly if you actually get to talk to Michael, then the really difficult part begins. It's an unusual conversation, at best.

COOPER: In last night's interview, he was alleging he couldn't move his arm. He said both arms were injured to the point where he couldn't really move them. A lot of people were commenting today, he seemed to be adjusting his hair just fine later on in the interview.

Want to play a clip from the interview last night in case people at home didn't see it. All right. Sorry about that. We don't have the clip. We'll get it to you in a second. Kimberly, I'm surprised to hear the defense say they seem pleased or at least, sources from the defense are telling you they are pleased with how the interview went. Is there -- I mean, they -- do you really believe them?

NEWSOM: I do believe them because I don't think that he came off bad. I think he came off as straightforward, perhaps a little eccentric or naive. But that's how Michael Jackson feels. He thinks it's fine to be with children and it's OK to sleep in the same bed. From his perspective that's what he's said straight from the beginning. So there is no inconsistency in any previous statements he made.

The most damaging part of that interview, I felt, was him saying that he was hurt by the police and then you saw the photographs, the videotape of him specifically waving, showing a peace sign, et cetera. That's going to be damaging in front of a jury, especially if he takes the stand and they can point out that he has so many inconsistencies, that he doesn't tell the truth or that he exaggerates.

COOPER: All right, let's play this clip and then, Howard, I want to talk about it afterward. This is from the interview last night of Michael Jackson.

(BEGIN VIDEO CLIP)

JACKSON: Once I went in the restroom, they locked me in there for like 45 minutes. There was doo-doo, feces thrown all over the walls, the floor, the ceiling, and it stunk so bad. And one of the policemen came by the window and made a sarcastic remark and said, "Does it smell good enough for you in there? How do you like the smell? Is it good?" And I just simply said, "It's all right. It's OK." So I just sat there and waited.

(END VIDEO CLIP)

COOPER: Howard, if you were Michael Jackson's PR man now, would you be patting him on the back saying this was a great interview?

BRAGMAN: I think he accomplished what they wanted to accomplish strategically because we're not talking about whether Michael Jackson is a child molester today. We're talking about whether Michael Jackson was accosted in the jail cell...

COOPER: And strategically, that was the message to get across?

BRAGMAN: Well, it sounds like that was the plan that was at work there, yes. It seems to be working because that's what we're talking about. It's called diversion. And I think it's working for him.

NEWSOM: Anderson, Howard is right about that. Real quick, I want to tell you, this is part of an overall strategy here that shows they want to show a pattern of abuse, of singling Michael out, treating him unfairly, that the defense is going to do.

This is straight out of the O.J. play book. Put the police, and in this case, the sheriff's department on trial. And Howard's right. We're talking about it today. This is just the beginning of a theme you'll see play out in front of the jury.

COOPER: It's a fascinating theme. We appreciate you both talking about it tonight. Howard Bragman from Los Angeles, thanks very much and Kimberly Guilfoyle Newsom in San Francisco. Thanks, both of you. Appreciate it.

Of course, we want to hear from you, what do you think? Did the Michael Jackson interview change your opinion of him? Vote now. CNN.com/360. We'll have results at the end of the program tonight. Well, with the flu season in full swing, over-the-counter cough and cold medicines are flying off shelves. However, it's not just the sick who are buying these drugs. Our CNN national correspondent Susan Candiotti reports teens across America are misusing the drugs to get high.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): The popular cold pill Coricidin isn't just for stuffy noses anymore. Drug experts say young people ages 11 to 16 mostly are abusing them to get high, similar to PCP or heroin.

UNIDENTIFIED MALE: Makes your body messed up. You can't move and stuff. Just like, I don't know, like a body trip.

CANDIOTTI: They call them skittles or CCCs short for Coricidin cough and cold. Each pill, stamped with three Cs. They are not illegal or expensive, and sold over the counter. Easy for young people to get.

UNIDENTIFIED MALE: They probably figure they are beating the system. They are not even worried about getting arrested. What they don't count on is they are literally rolling the dice with their lives.

CANDIOTTI: In Chicago, Dr. Charles Nozicka treats teens in the ER at St. Alexius medical center about twice a month.

DR. CHARLES NOZICKA, ALEXIUS MEDICAL CENTER: They say it's just a cold medicine. It will make you feel good. You can buy this in the store. It's no big deal.

CANDIOTTI: The pills contain DMX, dextromethorphan, a cough suppressant commonly found in Coricidin and other non-prescription cough syrups, including Robitussin. In the last few months, two incidents at two schools in Naples, Florida, including a student who pass out in a classroom.

UNIDENTIFIED MALE: Heartbeat was irregular, her breathing was labored and she was disoriented.

CANDIOTTI: Teenagers Molly and Ashley, in Milwaukee were treated for overdose last fall.

UNIDENTIFIED FEMALE: It's not like we do it purposely. This drug is addictive.

UNIDENTIFIED FEMALE: It is very addictive.

UNIDENTIFIED FEMALE: If you take it once, you just have the urge to take it again. It's like you can't help it.

UNIDENTIFIED FEMALE: They were literally just tearing at the package with their teeth trying to get the last open. They couldn't get it open, that's what saved them. (END VIDEOTAPE)

CANDIOTTI: There are five deaths reportedly tied to these overdoses. Today we spoke with Schering-Plough, the pharmaceutical company that makes makes Coricidin. It says it's product is safe and effective when used as directed. And then they added this, "We are trying to do our part to educate teens and parents and at the same time make sure the people who need it get our product." And one footnote here, Anderson. I'm standing in front of a school where one of the overdoses occurred. And afterwards the sheriff's office went to a big grocery store chain here who agreed to move all the cold remedy pills closer to the pharmacist in their store so he could keep an eye on who was buying them -- Anderson.

COOPER: One more thing for parents to worry about tonight.

All right, Susan Candiotti, thanks very much.

Still to come this evening, two snowboarders missing after an avalanche in Utah. Two others climbed their way out. We'll find out if there is any hope for those still missing when we come back.

Also ahead tonight, we're going to look at the best and worst movies of 2003. And there were some bad ones. We are going to talk to "New York Times" film critic Elvis Mitchell.

(COMMERCIAL BREAK)

COOPER: Send us an e-mail, cnn.com/360.

Searchers in central Utah have to be feeling virtually powerless right now. As we told you a little while ago, bad weather forced them to call off their search for two missing snowboarders engulfed by an avalanche Saturday. A third member of their group was found dead yesterday, but two others managed to dig themselves out after the avalanche happened. So, is it possible the two missing men might still be alive?

Bruce Tremper is the director of the USDA Forest Service, Utah Avalanche Center. He helped with the search over the weekend. He joins us now from Salt Lake City.

Bruce, thanks for being with us tonight.

BRUCE TREMPER, USDA FOREST SERVICE, UTAH AVALANCHE CENTER: My pleasure.

COOPER: How does somebody die in an avalanche?

What happens?

TREMPER: Well, most people die because the carbon dioxide builds up in the snow around your mouth. You know, every time you breathe out you breathe it's in the snow and you breath your same carbon dioxide back in. So you just die from carbon dioxide poisoning, kind of like breathing into a paper bag. And you've only got about, maybe 15 minutes before that happens, and after that the numbers drop off rapidly.

COOPER: Can you dig yourself out?

I mean, if you are completely covered in snow, can you get out?

TREMPER: If you are completely covered in snow, it's like being encased in concrete, especially that avalanche because it was so large and packed in so tight. So, if you are completely covered and can't hardly move your finger. There were couple of people there though there that were buried more closer to the surface and they were able to pop out and actually get themselves out, which is actually pretty rare.

COOPER: I guess for some, you don't even know if you are upside down or not, is that fair to say?

TREMPER: Yes, it's fair to say. I've never been in a situation like that where you don't know which way is up, but the bottom line is you really can't dig yourself out of an avalanche. It's not like you can scrape yourself out because your just froze in concrete, you can't move.

COOPER: So in this avalanche that occurred the two who got out they were able to get out pretty much right away?

TREMPER: Yes, one person -- I mean, it's a pretty remarkable story, was hit, taken down the mountain partially buried kind of popped himself back up and another wave of the avalanche came and took him farther down the mountain towards the bottom, and was partially buried again. And then another person was almost completely buried could get himself and then wash down the mountain again and then was able to pop back up again.

COOPER: So -- you were involved in the search over the weekend. From a rescue stand point, you have to get to these people within how long?

TREMPER: Well, you really have to do a self-rescue. Other people in the party have to get them out. So, unless you are wearing an avalanche rescue beacon, it's pretty much impossible to find somebody who's completely buried under the snow. These beacon's are wonderful devices, they beep electronically. If you have another unit you just turn it to receive and then they beep louder. So you can get somebody out pretty quickly. But if you don't do a self rescue with the party that's at hand, then there's very few live recovers after that.

COOPER: How common is it for snowboarders to have this beacon on them.

Are there other recommendations for people going out, what to bring with them?

TREMPER: Well, most who go into the back country do carry shovels and probes and call the avalanche patrol before they go out. That's pretty common. In this case they were mostly younger people. They just didn't know very much about avalanches and were just up playing on the day after Christmas, maybe with their new snowboards, and they just didn't know any better. Just in the wrong place at the wrong time.

COOPER: It is just -- it is just horrific. I understand the search temporarily halted because of bad weather.

Are they going to restart it?

TREMPER: Yes, we have another storm hitting, yet another storm, it hasn't quit snowing in five days here in Salt Lake City. So another storm, high winds, more snow. It's too dangerous to go in there now. They didn't search today and probably won't search tomorrow either, but then they'll go in after that.

COOPER: Just a horrible, horrible event for those young men and their families.

Bruce, appreciate you joining us. Bruce Tremper, joining us from Salt Lake City tonight, thanks very much.

Still to come -- a look at the best and worst of the big year -- big movies on screen this year. The best swashbuckling best and guess which list "Gigli" was on. Well that's for you to decide.

Also ahead -- this just in. Jessica Simpson will not be writing her own material for her sitcom pilot. Going to have details on that in the "Current," just ahead.

(COMMERCIAL BREAK)

COOPER: Time to check some pop culture news in tonight's "Current." Let's see what's going on.

In a turn of events set in motion the day he chose his stage name, rapper -- actually, that's not rapper Juvenile. That's not rapper Juvenile at all. I'll talk about rapper Juvenile. There we go, there's rapper Juvenile. He's facing an arrest warrant for being, that's right, delinquent in financially supporting his 6-month-old daughter. Juvenile, best known for his single "Back That Thang Up, says the child isn't his. Deputies in Gwinnett County, Georgia say the baby is indeed his, and that they have paternity tests to, in fact, back that thing up.

A television writer whose credits include "Frasier" has been tapped to write the pilot for an ABC sitcom starring pop singer/reality TV star Jessica Simpson. Getting the job confirms the writer's nagging suspicions that she should have gone to law school instead of following her dream of becoming a writer.

Can't get enough of lists this time of year? Well, the BBC reports that a poll has named David Blaine the biggest loser of 2003. The illusionist secured the top spot by spending 44 days suspended in a box over The Thames with no food. The entire nation of Australia was voted fourth biggest loser, by the way, for losing to England in the final of the Rugby World Cup. When asked to comment on the poll, Australia stuck its tongue out and England started crying and said it's going to tell.

And finally, the American Academy of Pediatrics says even very young kids should make new year's resolutions. The group says toddlers should make resolutions like promising to put away their toys, brush their teeth, wash their hands after using a bathroom, and stop teasing dogs.

My new year's resolution, to stop reading "The Journal of the American Academy of Pediatrics."

Well, it's time of the year when all the newspapers and magazines come out with their "best of" issues. Tonight in "Fresh Print," a look at the best and worst movies of 2003, according to "New York Times" film critic Elvis Mitchell. I spoke with him just a short time ago, and I started with the number five for top film on his list, "Capturing the Friedmans."

(BEGIN VIDEOTAPE)

ELVIS MITCHELL, NEW YORK TIMES: It's an amazing documentary, basically about the nature of truth, and the American obsession with capturing yourself on camera. It's phenomenal, the sort of obsession Americans have, and then just following this case too, basically we get two different viewpoints. What we think of these people when we hear the charges and what we think after everything is explained. It's a phenomenal motion picture.

COOPER: And people -- you leave the theater really not sure what you believe. And that's sort of one of the fascinating things about it.

This other movie, Gus Van Sant's "Elephant" is pretty controversial. I never actually saw it and it didn't really play very widely.

MITCHELL: No, I think it's actually starting to play a little bit more. (UNINTELLIGIBLE) get Oscar nominations.

What's kind of fascinating about it is it's his take on the Columbine massacre. But what he doesn't do is judge these guys or tell us what we're supposed to think. He leaves it to audiences to come up with their own basically conclusions about what's happened, by taking us through a day at this high school.

It's shot basically in a square, like a TV box, instead of being super wide, scream out Super Dolby and all that kind of stuff. It's a very intimate story. Basically goes a day through this high school, and it's all basically tracking shots going around the halls of this school. It's an extraordinary movie.

COOPER: The third top movie of the year, "The Triplets of Belleville." Hadn't heard about this until just recently. It's an animated movie.

MITCHELL: That's why I'm here to educate you, baby, bring you into the 21st century. It's -- what's great about animation is that it's probably the last vestige of a kind of -- a certain kind of cultural expression. When you see an animated movie from any different country, you know that that's what that's -- you know it's a different kind of a picture, unlike this kind of world movie now. A French animated picture looks French; a Japanese looks Japanese. It's a real cultural expression. Probably the last kind of really interesting cultural individuality left in the movies.

This is a wonderful movie, incredibly intelligent, very sweet and incredibly lovable. And even though it's French, there's basically no dialogue in it. You don't -- there are no subtitles. So get that out of your head. It's fun, it's a great time, and it's one of the best movies you're going to see in quite a while.

COOPER: All right. Number two on your list is "21 Grams." And the number one movie you say of the year, "Pirates of the Caribbean"?

MITCHELL: I'm sorry, did you sound shocked?

COOPER: I'm shocked, yes.

MITCHELL: Well, you know what, here's the amazing thing about that movie. If you had told me that I would like a movie based on a theme park ride produced by the man who produced "The Rock" and "Con Air" and starring Johnny Depp, you know, I'd still be paying you off for the bet.

But here's what's going on in this picture. First of all, we forget how good an actor Johnny Depp really is. Being this is a Jerry Bruckheimer movie, this is an incredibly nimble, shrewd performance. It's beautifully staged, it's incredibly smart, and it's a movie that doesn't really, you know, the scary thing about this is I'm waiting now for, you know, like, you know, basically "Parking Lot: The Motion Picture" or you know...

COOPER: They're going to be there.

MITCHELL: "Space Mountain: The Motion Picture." There has already been "The Haunted Mansion."

COOPER: "Haunted Mansion," I was going to say, OK, which may make the list of top five -- top five worst movies of the year. For you, the top five were "My Boss's Daughter," "Beyond Borders," "The Cat in the Hat," "Basic" and "Gigli." Which was the worst?

MITCHELL: You know what? They are all so wonderful, why pick? Let's make a variety pack. I can see now, CNN -- turner.com, turnershop.com, buy these and we'll give you real movies.

For me, the best one, the most amazing one was "My Boss's Daughter," where the actress seemed to be actually walking off the set, like, why am I here? And I saw it in a theater in Battery Park, where two people were there. And I swear, one of them was so stoned he had no idea that he was in a movie theater. And he still hated the movie. This is how bad this is.

COOPER: He thought he was watching "Who's the Boss" with Tony Danza.

MITCHELL: No, he wished he were watching "Who's the Boss" with Tony Danza.

COOPER: We're going to have to leave it there. Elvis Mitchell of "The New York Times," thanks very much.

MITCHELL: Thanks, Anderson.

(END VIDEOTAPE)

COOPER: All right. So, are you looking for a different way to ring in the new year? Coming up, a wild suggestion to "The Nth Degree." Plus, tomorrow, one of the survivors of the Utah avalanche shares his remarkable story.

Also, New Year's Eve, join me live from Times Square -- from Times Square, starting at 11 p.m. Eastern. I'll be there until 12:30 a.m. We'll watch the ball drop, we'll have a whole bunch of special guests, we'll be counting you down to midnight. Special guests including Hugh Hefner, Cindy Lauper, and well, a whole bunch of other people. It's just me and Hugh Hefner hanging out on New Year's. You know, like I usually do.

First, today's "Buzz" -- did the Michael Jackson interview change your opinion of him? Vote now, at cnn.com/360. We'll have the results when we come back.

(COMMERCIAL BREAK)

COOPER: Time now for "The Buzz." We asked you -- did the Michael Jackson interview change your opinion of him? Seventeen percent of you said yes; 83 percent of you said no. Not a scientific poll, just your buzz.

Tonight, starting fresh to "The Nth Degree." You know what the people of Naples and Rome in Italy do on the last night of the year? They throw their old furniture and pots and pans out the window so they can start fresh on the morning of the 1st.

I know it sounds a little crazy, but we actually liked the idea, though I think it needs some modification before Americans can adopt it. If you live in a high-rise in New York, for instance, you can't send your old sofa sailing down 20 flights.

So here's what we suggest. Let it be not household, but mental clutter that gets tossed away at the end of the year. Write out all those stale ideas, those preconceptions, those moldy assumptions. The notion you picked up as a kid and haven't re-examined since. Come on, we all have them. Write them out on slips of paper and set the slips on the windowsill for the first breeze to carry away. You might throw in all those failed resolutions as well while you're at it.

On the last night of the year, the cities of America would look like snow globes just turned right side up. The sky thick with inscribed paper flakes. Hey, it's worth a try. That wraps up our program tonight. Thanks for watching. Coming up next, "PAULA ZAHN 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

Toll Rises to 25,000; Searchers Look for Two Children Missing in Mudslide>


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