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 Tuesday, December 6
Editor's Note: CNN News Update is a running log of the latest news from CNN World Headquarters, reported by CNN's correspondents, producers and Wires.CNN editors. U.S. soldier killed in Habbaniya BAGHDAD (CNN) -- A U.S. soldier died Tuesday while on combat patrol in Anbar province, a military statement said. The soldier, assigned to the 2nd Marine Division, II Marine Expeditionary Force (Forward), was killed when his vehicle hit a mine near Habbaniya, about 50 miles west of Baghdad. Several U.S. Army units are working with the Marine Division during Operation Iraqi Freedom. The name of the deceased is being withheld pending notification of next of kin and release by the Pentagon. Since the start of the war, 2,131 U.S. troops have died in Iraq. (Posted 4:45 a.m.) Court delayed as Saddam Hussein refuses to appear BAGHDAD (CNN) -- The start of the trial of Saddam Hussein and his co-defendants was delayed for more than an hour Wednesday as the former Iraqi leader refused to appear, a court official said. Defense attorneys met with the judges earlier on the issue, and Hussein was meeting with his attorneys to see what could be worked out, the official said. It was unclear what would happen if Hussein continued to refuse to appear. Attorneys were discussing issues, including whether he could be compelled to be in court or whether there was another way to make him aware of the proceedings. (posted 4 a.m.) Police: 40 dead, 70 wounded in Baghdad suicide attack BAGHDAD (CNN) -- The death toll in a dual suicide attack on a police academy in eastern Baghdad grew to 40 on Wednesday, police said. Seventy others were wounded. Two suicide bombers walked into the academy around 12:45 p.m. Tuesday, detonating in the midst of the police officers and academy students. "One of the suicide bombers detonated near a group of students outside a classroom. Thinking the explosion was an indirect fire attack, Iraqi police and students fled to a bunker for shelter, where the second bomber detonated his vest," the U.S. military said in a news release. There were two claims of responsibility on Web sites, one from al Qaeda in Iraq and the other from the Islamic Army in Iraq. Al Qaeda in Iraq, the group led by Abu Musab al-Zarqawi, claimed that two brothers carried out the attacks. The U.S. military and Iraqi officials have warned that insurgents would embark on such bloody, spectacular actions ahead of next week's Dec. 15 parliamentary election. (Updated 2:53 a.m.) Gunmen attack Kirkuk hospital, free suspect BAGHDAD (CNN) -- At least 15 gunmen attacked Kirkuk General Hospital on Wednesday, freeing a man accused of planting bombs and explosives, the Kirkuk police chief told CNN. The assault on the hospital killed three police officers and wounded seven others in the city. Freed was Yousif Mohammed Khdaier, who was arrested by Iraqi police two weeks ago, said Police Chief Torhan Abdul Rahman, who called Khdaier a "terrorist." Khdaier was wounded at the time he was arrested, Rahman said. The attack occurred about 5 a.m. local time (9 p.m. Tuesday ET). On Tuesday, a roadside bomb exploded near a popular cafe in the al-Zafaraniy neighborhood in the southern outskirts of Baghdad, killing at least three people, including an Iraqi policeman, and wounding 20, including three police officers, authorities said. The explosion occurred at 9 p.m. Tuesday, police said. --From CNN's Mohammed Tawfeeq (Updated 2:39 a.m.) Blanco's notes: there's chance that New Orleans levees could give way WASHINGTON (CNN) -- In handwritten notes from a briefing the night before Hurricane Katrina swamped Louisiana, Gov. Kathleen Blanco referred to warnings of major storm surges, adding that "topping levees can happen." Katrina, which hit the Gulf Coast Aug. 29, flooded much of New Orleans and killed 1,086 people in Louisiana. Blanco's notes are among more than 100,000 pages of documents Louisiana provided last weekend to Congressional investigators evaluating local, state and federal responses to the disaster. Before Katrina came ashore, according to Blanco's notes, National Hurricane Director Max Mayfield "called me to say he is extremely concerned about the danger to New Orleans and the area parishes. We are evacuating, but too many people are not taking this seriously." Blanco wrote that as of 9:30 p.m. Aug. 28, the hurricane was a "Cat 5," or Category 5. "May go Cat 4 ... landfall 150 mph winds" she wrote, adding "no guarantee" as a footnote. (posted 11:55 p.m.) Castro celebrates Elian Gonzalez's 12th birthday HAVANA (CNN) -- President Fidel Castro celebrated Elian Gonzalez's 12th birthday Tuesday at a public ceremony in the boy's hometown, calling the boy a "leader" in his school and recounting how his custody dispute with the United States sparked Cuba's return to the roots of its socialist revolution. Castro spoke to thousands of people in the coastal town of Cardenas, and awarded Elian a sports achievement award. Elian, dressed in his school uniform, sat in the front row with his father, Juan Miguel Gonzalez, now a deputy at the National Assembly; his stepmother and his two half-brothers. Castro was seated next to Elian before he rose to deliver a three-hour speech, which took on more of a political tone when the leader railed against corruption in his country, the new rich, the United States and the European Union. Elian captured the world's attention six years ago, when, on November 25, 1999, the 5-year-old was found floating on an inner-tube off the coast of Fort Lauderdale, after a poorly made boat carrying Cuban migrants capsized. The boy's mother and 10 others died in their attempt to reach the United States. His father, back in Cuba, demanded his return, touching off an international custody battle between the father and Elian's relatives in Miami. Eventually, then-Attorney General Janet Reno ordered a raid on the relatives' home in Miami and the boy was seized at gunpoint. He returned to Cuba in late June 2000. (Posted 9:59 p.m.) Prosecutor: Brother, sister used stolen debit cards meant for Katrina victims DALLAS, Texas (CNN) -- Federal officials have charged a Red Cross volunteer and his sister with obtaining at least $230,000 from stolen debit cards intended for victims of Hurricane Katrina, U.S. Attorney Richard Roper said Tuesday. Brian Hines, 20, and Charmaine Hines, 32, were jailed Tuesday after surrendering and appearing before U.S. Magistrate William Sanderson, said Roper, with the Northern District of Texas. Each suspect is charged in a federal criminal complaint with using stolen Red Cross debit cards to fraudulently obtain goods and services, and admitted the crimes to investigators, according to the affidavit filed with the complaint. If convicted, each sibling could face a maximum of 10 years in prison and a $250,000 fine for each count, said Kathy Colvin, a spokeswoman for Roper's office. (Posted 7:55 p.m.) Prosecutors: No spousal privilege for same-sex New York couple NEW YORK (CNN) -- A New York law that protects married couples from testifying against each other does not apply to same-sex couples, prosecutors in a Long Island embezzlement case argued in court papers this week. Nassau County Assistant District Attorney Peter Mancuso argued that Frank Tassone, the one-time superintendent of the Roslyn school district, was not protected from testifying against Stephen Signorelli, his partner of 33 years. Signorelli is trying to prevent Tassone from testifying against him, citing a New York law that prevents spouses from testifying against one another in court. "Clearly, the purpose of the spousal privilege is to protect confidential communications between married couples consisting of a male husband and a female wife, as this is the only kind of marriage that New York recognizes," Mancuso wrote in court papers filed Monday. Tassone pleaded guilty in September to stealing more than $1 million from the district and has agreed to cooperate with prosecutors in exchange for a reduced sentence. Signorelli is accused of stealing about $219,000 from Tassone's school district. (Posted 7:45 p.m.) British Conservatives turn to youthful Cameron to lead party (CNN) -- Hoping to reverse nearly a decade in the political wilderness, Britain's Conservative Party Tuesday turned to its younger generation for a new leader, overwhelmingly electing 39-year-old David Cameron, who immediately told party members that "we must change the way we think." "We must give to this country a modern and compassionate conservatism, which is right for our times and our country," Cameron said after being announced as the winner of the party leadership contest. "I said when I launched the campaign that we need to change in order to win. Now that I have won, we will change." The new Tory leader charged that the ruling Labor Party cannot meet the challenges facing Britain, calling Prime Minister Tony Blair and his government "yesterday's men, with yesterday's measures." "I want to sweep away their command-and-control state ... which is not bringing real change in our country," Cameron said. (Posted 7:34 p.m.) German alleges false imprisonment in suit against ex-FBI chief (CNN) -- A German citizen sued former CIA Director George Tenet on Tuesday, accusing his agents of kidnapping and torturing him in Macedonia, then sending him to a prison in Afghanistan where he was held for five months, allegedly because his captors believed he might have ties to Sept. 11 terrorists. The suit, filed in U.S. District Court in Alexandria, Va., alleges that plaintiff Khaled El-Masri was denied due process, was detained arbitrarily and subjected to cruel and degrading treatment. El-Masri seeks $75,000 in compensatory damages. Punitive damages as to be determined at trial, the suit says. Also named in the suit are those who transported El-Masri and 10 current and former CIA employees. In Berlin, German Chancellor Angela Merkel said she had spoken with U.S. Secretary of State Condoleezza Rice about the case, which Merkel said "was accepted by the United States as a mistake." However, Rice contradicted the German chancellor, saying, "What I did say is that while I could not talk about the specifics of the El-Masri case, that we recognize that the chancellor will be reviewing this in a committee of the Bundestag (German parliament)." Rice added, "We recognize that any policy will sometimes result in errors, and when it happens, we will do everything we can to rectify it." (Posted 7:32 p.m.) Bush takes on Dean, says he 'knows' U.S. will win in Iraq WASHINGTON (CNN) -- Responding to controversial comments by Democratic National Committee Chairman Howard Dean about the prospects for victory in Iraq, President Bush on Tuesday expressed confidence the war there can and will be won. "I know we're going to win," Bush told reporters during a brief a media availability at the White House. "Our troops need to hear not only are they supported, but that we have got a strategy that will win. "Of course, there will be debate. And, of course, there will be some pessimists and some people playing politics with the issue. But, by far, the vast majority of the people in this country stand squarely with the men and women who wear the nation's uniform." Bush was responding to comments Dean made Monday to a San Antonio radio station, in which he said the United States appears to be repeating the mistakes of Vietnam in Iraq -- and that the idea the war in Iraq can be won is "just plain wrong." (Posted 5:58 p.m.) Tampa jury clears ex-professor of terror charges (CNN) -- A federal jury in Tampa, Fla., acquitted a former University of South Florida professor Tuesday of eight counts that he helped channel money to a terrorist group in the Middle East. Jurors deadlocked on nine other counts against Sami Al-Arian, a tenured computer engineering professor fired after his arrest in 2003. Al-Arian had been under federal investigation since 1995 and was banned from campus after the Sept. 11, 2001, al Qaeda attacks on New York and Washington. He was accused of conspiring with others to raise money for the Palestinian militant group Islamic Jihad, a U.S.-designated terrorist organization that began launching suicide attacks against Israeli targets in 1992. (Posted 4:21 p.m.) Stories of 45 Sept. 11 victims to be told in court (CNN) -- Federal prosecutors intend to tell jurors in the trial of Zacarias Moussaoui the personal stories of 45 "representative" victims of the Sept. 11, 2001, terrorist attacks, the government disclosed Tuesday. In a motion filed with the U.S. District Court in Alexandria, Va., prosecutors asked the court to approve a limited number of witnesses to be called to offer "victim impact" testimony in the death penalty phase that is scheduled to begin next March. Moussaoui, 37, pleaded guilty in April to participating al Qaeda's terrorism conspiracy to fly airplanes into landmark buildings. Though Moussaoui admitted no direct role in the Sept. 11 plot, the government contends that his lies after his August 2001 arrest in Minnesota protected the conspiracy and contributed to the 2,792 deaths. During the trial, prosecutors plan to identify, by name and photo, where available, all of the victims, calling the coordinated hijackings and crashes into the World Trade Center, the Pentagon, and a Pennsylvania field "the largest loss of life resulting from a criminal act in American history." --From CNN Senior Producer Phil Hirschkorn (Posted 4:08 p.m.) Ed Masry, portrayed in 'Erin Brockovich,' dies after lengthy illness LOS ANGELES (CNN) -- Ed Masry, whose legal work was featured in the 2000 film "Erin Brockovich," has passed away after a lengthy illness, according to his wife, Joette. Masry died about 11:30 p.m. Monday at the Los Robles Regional Medial Center in Thousand Oaks, Calif. He was 73. Albert Finney portrayed Masry as a tough-talking attorney who gives his file clerk, Erin Brockovich, a chance to follow through on a legal case that ends in a multi-million dollar settlement with Pacific Gas & Electric, accused by residents of leaking toxic chemicals into groundwater. (Posted 4:05 p.m.) Marine rescued after crash off Florida coast (CNN) -- More than four hours after a military jet crashed in the Atlantic Ocean, a Coast Guard boat Tuesday plucked the Marine pilot from the waters and brought him back to the homeland for medical treatment. The Coast Guard said the pilot appeared to be in good condition, suffering only from mild hypothermia. The U.S. Marine Corps AV8-B Harrier jet crashed about 20 miles east of St. Augustine, Florida, prompting a wide search by the Coast Guard and Navy. Witnesses had reported seeing a parachute deploy. (Posted 3:19 p.m.) N.J. Republicans back candidate for Senate (CNN) -- The National Republican Senate Committee is backing Tom Kean Jr., the son of the state's former governor and the 9/11 commission chairman, in its quest to capture New Jersey's open U.S. Senate seat next year. Sen. Elizabeth Dole, R-N.C., who chairs the NRSC, appeared with Kean at a fund-raising breakfast and a news conference to announce the endorsement. "He can win this race. He will win this race," Dole told reporters. Kean, 37, has been a state legislator for five years. He is currently the state Senate's Republican whip. This will be his first run for statewide office. The Democratic candidate is expected to be whoever is appointed to the seat by Gov.-elect Jon Corzine, who is vacating the seat with one year left in his first term. The appointee will take office next month.--From CNN Senior Producer Phil Hirschkorn (Posted 2:34 p.m.) Christian Peacemaker group issues another appeal for hostages' release BAGHDAD (CNN) -- The Christian Peacemaker Team in Iraq on Tuesday issued another appeal to the insurgents who kidnapped four of their members late last month, saying, "It is our most sincere wish that you will immediately release them unharmed." American Tom Fox, Briton Norman Kember, and Canadians James Loney and Harmeet Sooden were kidnapped in Iraq on Nov. 26. "We are very concerned about our friends. We would very much like to know that they are in good condition," the group said in its statement. The Christian Peacemaker Team, who have been trying to stress their anti-war stance and criticism of the U.S.-led operation in Iraq, said that "while we believe the action of kidnapping is wrong, we do not condemn you as people. We recognize the humanity in each person, and respect it very much. This includes you, our colleagues, and all people." (Posted 2:13 p.m.) Pentagon, law schools square off at high court over free-speech dispute WASHINGTON (CNN) -- The Supreme Court offered deep skepticism Tuesday that universities should be allowed to turn away military recruiters and still accept federal funds, in a free-speech dispute over the Pentagon's controversial policy barring openly gay personnel. Ironically both sides claim they are being discriminated against by the other. Led by Chief Justice John Roberts, several members of the bench said the schools opposed to the military's policy could simply refuse the government money. And Justice Sandra Day O'Connor added there is nothing stopping schools from allowing recruiters while still making their objections known, by posting disclaimers or openly protesting. More than ideology is stake for both sides. The military said it has pressing needs for educated talent with highly specialized skills, such as translators engineers, and lawyers. Universities receive about $35 billion every year in federal funds, much of it for medical and scientific research. They argue their anti-discrimination policies are constitutionally protected. --From CNN Supreme Court Producer Bill Mears (Posted 1:48 p.m.) U.S. military says Saddam's nephew gets stiff sentence BAGHDAD (CNN) -- Aymen Sabawi, a nephew of toppled Iraqi dictator Saddam Hussein, was found guilty Monday of "illegally crossing the Syrian border without authorization from Iraqi customs" and got a stiff prison sentence. The court handed down a 15-year sentence for that charge. This is in addition to a six-year sentence he received in September for possession of illegal weapons and manufacture of explosive devices. "Combined with the first trial, Sabawi -- whose father, Sabawi Ibrahim al-Hasan al-Tikriti, is Hussein's half-brother -- will not be released from the Iraqi prison for more than 20 years," the military said in a news release. He was detained last May near Tikrit and his father was apprehended in late February. (Posted 1:31 p.m.) Another day of wrenching testimony in Saddam Hussein trial BAGHDAD (CNN) -- Witnesses in the Saddam Hussein trial Tuesday delivered more gripping testimony about the brutality they endured after a government crackdown in Dujail 23 years ago prompted by a failed attempt to assassinate the dictator. After a nine-hour session, the court adjourned until Wednesday with Saddam Hussein complaining of wearing the same clothes for several days and indicating that he isn't inclined to be in the dock when the trial resumes. "I will not be in a court without justice. Go to hell, all you agents of America," he said. Five people -- three men and two women sitting behind a curtain with voices disguised by a modulator -- described beatings, electrocutions and deaths in 1982, when Saddam Hussein and the Baath Party were firmly in power and the country was at war with Iran, a crucial stage in the nation's history. Fears of Saddamist retribution forced the court to shield their identities. Breaking down in tears, a woman identified only as "Witness A" testified to mistreatment at the hands of Iraqi intelligence officers more than 20 years ago while at Abu Ghraib prison, followed by captivity in the desert. She said she was beaten with cables and given electric shock. "Witness C" said he was 12 in 1982 when he was taken to Baath Party headquarters in Dujail, then transferred to Baghdad, where he was tortured. He said he was eventually taken to a desert prison camp where he spent four years before being returned to Dujail. (Posted 12:45 p.m.) Military: Marines killed last week were at ceremony, not on foot patrol WASHINGTON (CNN) -- A bomb that killed 10 Marines and wounded 11 last week in Iraq was triggered as they were leaving a promotion ceremony and not while they were on a foot patrol, Marine Corps officials said Tuesday. The ceremony was held in an abandoned flour factory used by the Marines as a patrol base outside Falluja, Marine officials said, and it is believed one of the Marines stepped on a pressure plate, setting off the explosion. Originally, the Marine Corps in Iraq reported the 10 Marines -- from Company F, 2nd Battalion, 7th Marine Regiment -- were killed while on foot patrol, and misreporting up the chain of command led to the incorrect reporting of the location to the media, Marine officials said. They said the area around the abandoned factory had been swept for explosives prior to the company commander's arrival. The event was a field promotion ceremony for three Marines. Two of those three were among those killed, according to Marine officials. --From CNN Pentagon Producer Mike Mount (Posted 12:16 p.m.) Islamic Army in Iraq video shows American hostage BAGHDAD (CNN) -- A video from a militant group called Islamic Army in Iraq shows what the group claims is an American taken hostage in Iraq. The video shows the man sitting on a white plastic chair with his hands appearing to be tied behind his back. It shows the man's U.S. passport and other identification cards. The video initially was aired in the 7 a.m. ET newscast on Al-Jazeera. Islamic Army in Iraq demanded that Islamic Army fighters imprisoned be released from jail immediately and that compensation be paid for all damage suffered by Anbar province residents. Anbar is the sprawling western province where insurgents have long had a stronghold. In a text statement that accompanied the video on the Web, the group gave the U.S. government -- which it calls the "war criminals of the Black House" -- 72 hours to meet its demands. (Posted 11:53 a.m.) Iranian military transport crashes south of Tehran; at least 116 dead TEHRAN (CNN) -- An Iranian military transport plane clipped a 10-story apartment building and crashed south of Tehran Tuesday in the town of Towid, killing at least 116 people -- most of them aboard the plane -- Iranian officials and state-run media reported. The air force C-130 crashed around 2 p.m. (5:30 a.m. ET) while trying to make an emergency landing at a nearby airport. The crash sparked an explosion and fire on the fourth floor of the apartment building, which houses military personnel and their families. That building and others around it were evacuated immediately after the crash. The plane -- carrying more than 90 people -- was initially heading to the port city of Bandar Abbas in southern Iran when the pilot reported technical difficulties and attempted to return to base, according to Abdul Rahimi with Iran's civil aviation authority. Video from the scene showed smoke and flames pouring from the building's windows. Charred debris from the plane, including its propeller, littered the smoke-filled streets. The dead include 47 journalists aboard the plane who planned to witness Iranian military maneuvers in the Persian Gulf, officials said. --From Journalist Shirzad Bozorgmehr (Posted 10:34 a.m.) Govt. spokesman: 5 small bombs detonate on Madrid highways after ETA warning; slight damage, no injuries MADRID (CNN) -- Five small bombs exploded Tuesday on separate highways outside Madrid, causing little damage and no casualties, after a warning from the Basque separatist group ETA, an interior ministry spokesman told CNN. ETA warned it would detonate the five bombs in telephone calls to the Basque emergency road service, DYA, and the Basque newspaper, Gara, which normally receive warnings from the group. The blasts detonated around 3 p.m. (9 a.m. ET) in Madrid's suburbs, on the shoulders of the A2 highway which connects Madrid and Barcelona; the A6 highway between Madrid and northwest Spain; and three ringroad highways, M40, M45 and M50, the spokesman said. All the explosions detonated within a 15-minute period, he said. Traffic is lighter than usual because it is a national holiday in Spain. -- From CNN Madrid Bureau Chief Al Goodman (Posted 9:56 a.m.) Israel closes Palestinian territories, makes arrests, including family members of suicide bombers JERUSALEM (CNN) -- After a suicide bombing that killed five Israelis, the Israeli military closed the West Bank and Gaza and began a sweep that resulted in the arrests of 14 Palestinians, the Israel Defense Forces said Tuesday. The family of the suicide bomber confirmed to CNN that the father and three of the brothers of the bomber were arrested overnight by IDF forces. In a statement, the IDF said, "Fourteen Palestinians were arrested during the night. Eight wanted Palestinians from the Islamic Jihad were arrested in the village of Ilar north of Tulkarem." The statement continued, "In accordance with the decision made by the political echelon and following security assessments of the current situation, it was decided to place a general closure on the West Bank and the Gaza Strip, effective tonight (Monday)." (Posted 7:17 a.m.) Zuma faces rape charges JOHANNESBURG (CNN) -- Former South African Deputy President Jacob Zuma was charged with rape Tuesday in the Johannesburg High Court, prosecutors said. "Mr. Zuma duly appeared in the Johannesburg Magistrate's Court today, the 6th of December 2005, where the indictment and related documentation were served on him," a statement from National Prosecuting Authority said." After his arraignment, Zuma was released on about $3,000 bail, with his trial scheduled to start February 13, 2006. Reports of the rape case against Zuma began circulating last month in local media. (posted 3:55 a.m.) Connecticut State Police arrest man in courthouse threats case (CNN) -- Connecticut State Police arrested a 28-year-old man man Monday in connection with a series of threatening phone calls that closed 45 of the state's courthouses last week, a police spokesman said. According to Sgt. Paul Vance, Javier Rodriguez of Willimantic, Conn., was taken into custody at his home Monday evening and has been charged with terrorism, falsely reporting an incident, attempted larceny by extortion and harassment. The Connecticut courthouses were shut down and evacuated Friday after state police said they received a "non-specific threat" directed toward the state's judicial department. (posted 2:10 a.m.) Dean: Idea that U.S. can win war in Iraq 'just plain wrong' (CNN) -- Democratic National Committee Chairman Howard Dean is drawing GOP fire after telling a San Antonio radio station Monday that the United States appears to be repeating the mistakes of Vietnam in Iraq -- and that the idea the war in Iraq can be won is "just plain wrong." In an interview with WOAI radio, the head of the Democratic Party drew the parallel between efforts to turn security responsibilities in Iraq over to Iraqis and similar efforts in during the Vietnam War to hand off responsibility to the South Vietnamese. Republican National Committee Chairman Ken Mehlman blasted his Democratic counterpart, accusing Dean of embracing "retreat and defeat" and "predicting that America will lose the war in Iraq." (posted 12:50 a.m.) U.S. Embassy in Philippines closes to public due to threat (CNN) -- The U.S. Embassy in the Philippines capital of Manila said Tuesday it was closing temporarily to the public due to "plausible threat information." The embassy did not provide further information about the nature of the threat. "The American Embassy in Manila would like to alert all Philippine and American citizens that due to plausible threat information, U.S. public services at the U.S. Embassy in Manila will be temporarily closed to the public on December 6, 2005," the embassy said in a written statement. Emergency services to Americans in the country will remain available, the statement said. (Posted 10:28 p.m.) 
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