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CNN Live At Daybreak

Earth Gives Way, Homeowners See Houses Tumble; Will Terri Schiavo's Feeding Tube Actually be Removed?

Aired February 22, 2005 - 06:00   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.


CAROL COSTELLO, CNN ANCHOR: Earth gives way and homeowners see their houses tumble. A new round of mud slides.
Life and death -- another delay or final decision in the emotional case of Terri Schiavo?

And in the company of soldiers -- an up close, in your face look at life in a war zone.

It is Tuesday, February 22.

You are watching DAYBREAK.

And good morning to you.

From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

Now in the news, ruined homes, ruined lives, scenes of destruction in central Iran this morning. A strong earthquake has struck the region. At least 190 are dead, a thousand injured.

In California, it's back to court for Michael Jackson. Jury selection resumes today in his child molestation trial. The process was delayed last week when the singer was hospitalized with the flu.

We've been having some wild weather coast to coast. At first glance, this looks like snow, but it's hail. Powerful thunderstorms and lightning moved through north Georgia on Monday night. Some people in and around metro Atlanta reported hail the size of golf balls; others the size of a nickel.

And out in California, appearances can be deceiving. This appears to be a tractor trailer floating down a river. It's actually Highway 101 near Hollywood. Part of it was shut down late Monday because of flooding. Hip deep water stranded some drivers. And traffic, as you might expect, was backed up for miles.

Any relief in sight -- Chad.

CHAD MYERS, CNN METEOROLOGIST: It's going to stop here eventually. It'll stop by probably Wednesday night into Thursday, Carol. But it's a coastal low pressure center that's sitting out there spinning. And almost like the inside, the cross-section of a HoHo (ph). When -- every time it spins around, with the moisture that comes onshore, it's just one more wave or one more pinwheel coming onshore, one after another after another. And that's what's been happening now the past couple of days. And, in fact, it's still raining out there.

(WEATHER REPORT)

COSTELLO: Pictures and then lunch -- that's what's on the agenda for President Bush right about now. He's at NATO headquarters in Brussels and he's got a jam packed day of events.

Live to the Belgian capital and CNN White House correspondent Suzanne Malveaux -- good morning, Suzanne.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Carol.

Well, it's a very big day for President Bush. He has summits both with NATO, as well as the European Union. The president's goals, of course, to try to have a more civil tone with European allies, as well as trying to build more support to help train Iraqi forces.

It looks like President Bush successful on both ends. NATO members, all 26 of them, we're told, are prepared to offer in some way to help train those Iraqi forces. There are already NATO members that are training Iraqis in and outside of the country, but they will offer a modest program to increase that.

And, of course, earlier today, President Bush meeting with a very important person, the only non-NATO member before the summit, who was actually going to be attending that. That is, of course, the newly elected leader of Ukraine, Viktor Yushchenko.

Now, President Bush meeting with him because he essentially symbolizes the success of democracy. President Bush often talking about the fact that, yes, Yushchenko only won this election after the initially tainted election results were overturned. And President Bush using that, really, as a symbol of democratic success.

Now, President Bush also, of course, holding a critical meeting with his closest ally in the Iraq war, that, British Prime Minister Tony Blair. The two of them sharing a breakfast.

Now, as you know, it was a relatively low key affair. They did not answer questions. President Bush still widely unpopular in Britain, as well as Blair, of course, facing reelection, perhaps as early as May. But both of them spoke very optimistically this morning, saying that they believe that there is a new unity of the transatlantic alliance.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I'm looking forward to the NATO meeting today. NATO is a vital relationship for the United States and for Europe. And I'm looking forward to a meeting with the E.U., as well. And I said in my speech yesterday, a strong Europe is very important for the United States and I really meant that. And the prime minister is one of the strong leaders in Europe and I'm really enjoying my relationship with him.

TONY BLAIR, BRITISH PRIME MINISTER: Well, I think what it sets out is a very clear way forward for us now, whatever the differences in the international community have been over the past couple of years. I think we have a really solid basis now for going forward in a unified way. And if we take that opportunity, it will be greatly for the benefit of the international community.

(END VIDEO CLIP)

MALVEAUX: And, Carol, of course, afternoon meetings are going to be very important for President Bush with the European Union. There are a number of differences the United States has in terms of policy. One, and the first foremost one that they're going to be talking about is how do you convince Iran to give up its nuclear ambitions? The E.U. involved in talks, negotiations, offering diplomatic and economic incentives. The United States believes that that is not the way to go. They believe that perhaps they should even push it -- be pushing economic sanctions -- Carol.

COSTELLO: Suzanne Malveaux live in Brussels this morning.

Thank you.

In News Across America now, a MediVac helicopter crashes in Arkansas after responding to a car crash. The patient on board was killed in the crash. The pilot and in-flight nurse were taken to separate hospitals in other emergency helicopters. The cause of the crash still under investigation.

A computer mix-up is being partially blamed for allowing an alleged serial rapist in Denver, Colorado to remain on the loose. Brent Brents is suspected in a series of sexual assaults earlier this month. His alleged victims include two 11-year-old sisters and their 67-year-old grandmother. Investigators say evidence from an October attack also points to Brents. But that evidence was lost for two months because it wasn't uploaded into a computer database.

Police have recovered the vehicle of a pregnant Fort Worth, Texas woman and her 7-year-old son. Lisa Underwood and her son have been part of a nationwide amber alert since they disappeared over the weekend. We'll get more on the missing family from Underwood's aunt, Marla Hess, who is a guest on AMERICAN MORNING. That comes your way in just under an hour.

It could be the final chapter for Terri Schiavo's parents, and it will be written by an accurate. You know the story by now. Schiavo's parents are trying to prevent her husband from disconnecting the feeding tube that has kept Terri Schiavo alive for 15 years.

(BEGIN VIDEO CLIP)

DAVID GIBBS, ATTORNEY FOR TERRI'S PARENTS: Well, I think with that, we have to realize Terri is very strong. She has a will to live. It would be basically like any other person here not getting food for, let's say, 24 hours. You'd be pretty hungry. You'd probably be pretty uncomfortable. But she'll be fine. And so I think that physically Terri will withstand that.

But I think that would be unbelievably cruel for the guardian to do that. I mean what kind of human being would say I'm going to just jerk your food away for a period of 24 hours while there's other legal issues pending?

(END VIDEO CLIP)

COSTELLO: Put that way, it's chilling.

The question today is will it happen? Will Terri Schiavo's feeding tube actually be removed?

Let's head live to Washington to discuss this, and former federal prosecutor Pam Stuart.

Good morning, Pam.

PAM STUART, FORMER FEDERAL PROSECUTOR: Good morning, Carol.

COSTELLO: Basically what's happened is a court issued stay has expired. Schiavo's parents have appealed.

Based on what the courts have ruled in the past, what do you think will happen?

STUART: Well, the Supreme Court of the United States has decided not to enter the case. And so as matters stand now, it looks as though the feeding tube will be removed at the request of Terri's husband.

COSTELLO: But, you know, the parents' attorney is now bringing up this amazing story of a comatose woman who spoke after 20 years. She was in a minimally conscious state.

Will that story have any weight at all with the court?

STUART: Well, it is a very, very amazing story, but there is a physical difference between her situation and that of Terri Schiavo, who is in a persistent vegetative state. The Florida Supreme Court, in discussing Terri Schiavo's physical condition, described her brain as really being mostly that of spinal fluid. It has degenerated to that condition.

So it is -- it would take a miracle in order to regenerate her brain, whereas that of the young woman in Kansas is really showing signs of regeneration.

COSTELLO: I know you keep saying that court options are running out for Schiavo's parents, but they're still trying other methods. They plan to use Randall Terry's group, Operation Rescue, to picket her husband's house and lobby the legislature.

Will those be effective moves?

STUART: Not in this case, because the Florida Supreme Court ruled that the legislature's action, which took place before, pretty much in response to public outcry, was unconstitutional and that was followed by an action by Governor Jeb Bush, who issued an executive order which also was unconstitutional. In effect, Governor Bush tried to overrule an action by the judiciary. And so if it's tried again, it will be unconstitutional, as well.

And by the Supreme Court of the United States saying, in effect, we're not going to get involved, they basically agreed.

COSTELLO: Pam Stuart live from Washington this morning, a former prosecutor.

Thank you for joining DAYBREAK.

We appreciate it.

When DAYBREAK continues, a rare glimpse of the reality of the war. Cameras follow the day in and day out with American soldiers in Iraq. I'll speak to a documentary film producer who followed their every move.

Pen, paper and a nation's political turmoil come to life in one man's art. Nic Robertson with the emotional story of a grandfather in Iraq.

And what happens when your town wants to take away your home and make way for something they say will be bigger and better?

But first, here's a look at what else is making news this Tuesday morning.

(COMMERCIAL BREAK)

COSTELLO: Still to come on DAYBREAK, gays and lesbians serving openly in uniform? Later, we'll tell you about a new initiative.

DAYBREAK will be back in a minute.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports.

It's 6:14 Eastern.

Here's what's all new this morning.

President Bush is in Brussels, where he's meeting with several NATO and European Union leaders. He's trying to soothe frayed feelings over the Iraq war. The president had breakfast with British Prime Minister Tony Blair before meeting with the new Ukrainian president, Viktor Yushchenko.

Massachusetts Governor Mitt Romney addressed a group of Republicans in Spartanburg, South Carolina. But he's not saying if the stop there was campaign related. South Carolina could be a key state in the 2008 Republican primary. In money news, more than 200 doctors are being investigated for using a fake form of botox. The bogus botox says "not for human use" right on the label. "USA Today" reporting patients in Oregon, Florida and Nevada are known to have rcvd injections of the unapproved toxin.

In culture, the breakup of Brad Pitt and Jennifer Aniston has led to some restructuring at Madam Tussaud's. It cost about $19,000 to separate the wax couple from their loving embrace. Now they'll be repositioned with their backs to one another.

In sports, Adam Scott walked away with the winner's check from the rain shortened Nissan Open. But it isn't an official victory, since the weather forced the tournament to be shortened to 36 holes. That's the first time this has happened in nine years -- Chad.

MYERS: So, what, he won't get all of his money? Oh, no, no, no, of course he does. Just kidding.

Good morning, Carol.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you this morning.

Still to come on DAYBREAK, a supermarket chain files for bankruptcy.

And an Iraqi artist shares his nation's pain through his pen.

And later, could the airport you're flying to today make you sick? A new definition for terminal illness, later on DAYBREAK.

(COMMERCIAL BREAK)

CARRIE LEE, CNN CORRESPONDENT: Good morning, everyone.

I'm Carrie Lee at the Nasdaq market site.

Supermarket chain Winn-Dixie is filing for bankruptcy protection. The idea, to improve operations and financial performance, but also cut costs and decide how to use assets to make its stores more productive. They've secured $800 million in financing to help pay for reorganization efforts. Winn-Dixie is going to keep over 920 stores open, but they will ask the court to get out of leases on about 150 other stores.

The company has been hurt by Wal-Mart's presence in selling groceries, as most of its stores are in the Southeastern United States, which is a Wal-Mart stronghold.

Winn-Dixie is getting some positive publicity, however, with the release of a movie called "Because of Winn-Dixie" about a girl who finds a stray dog at a Winn-Dixie supermarket.

Meanwhile, it looks like we're going see some selling at the 9:30 bell. That's what early indications are looking like for this shortened trading week. A look at consumer confidence for February, expected to show a decline for last month.

One stock to watch, drug maker Novartis. They've spent $8 billion to make two acquisitions that will expand the company's presence in the generic drug space.

And that's the latest business news.

DAYBREAK will be right back.

(COMMERCIAL BREAK)

COSTELLO: A soldier's eye view of the war zone -- something you have not seen before, not this close and not this raw. A new documentary will air on PBS's "Frontline" tonight. It's called "A Company of Soldiers," nicknamed "The Misfits."

Listen to a portion of it.

(BEGIN VIDEO CLIP FROM "A COMPANY OF SOLDIERS," COURTESY PBS/FRONTLINE)

UNIDENTIFIED MALE: Today, Dog Company has been ordered to set up a roadblock while the rest of the battalion hunts for insurgents hiding in the area.

UNIDENTIFIED MALE: Hey, Dan? You're in charge of this. (UNINTELLIGIBLE) OK?

UNIDENTIFIED MALE: (UNINTELLIGIBLE).

UNIDENTIFIED MALE: Everybody feels scared. When I go out the gate, I feel kind of anxious and nervous at the same time. But I don't really feel fear, like so much fear that I can't function, you know?

UNIDENTIFIED MALE: All right, and I don't want to hear it.

UNIDENTIFIED MALE: Especially when, you know, there's a car on the side of the road and it's just sitting there and you have to go past it and, you know, there's a sense that, you know, that could be the car that blows up.

UNIDENTIFIED MALE: Suddenly, they spot a car coming their way.

UNIDENTIFIED MALE: Hey, so he passed the trigger line. He passed the trigger line. Sir, the Humvee is right here, sir. He can see us.

(END VIDEO CLIP)

COSTELLO: Joining us now from London is the director of "A Company of Soldiers," Tom Roberts.

Welcome, Tom.

TOM ROBERTS, DIRECTOR: Good morning. COSTELLO: You followed the soldiers of Dog Company of the 8th Calvary for a month. It means the audience got to see their faces and know their personalities.

What sort of impact does that leave the audience with?

ROBERTS: Well, I would hope that people would have a real visceral experience of the risks, the dangers, the experience of combat. The film attempted to get as close to the reality of the fighting in Iraq. And I think the other thing it tries to do very much is to understand that these are people, not just automatons wearing uniforms, but men and women who believe in what they're doing and have a commitment to this fight and risk their lives to do so.

So I hope it gives an audience a sense of real, real people in a very difficult and demanding environment.

COSTELLO: What will we see in your documentary that differs from what we see on the news every day?

ROBERTS: Well, I think, first of all, it's a development of character. You see what happens to a group of men when a very close colleague of theirs heroically fights and dies and the impact on their lives, on their outlook, on how they follow, you know, through the next days. They weren't able to withdraw from the fight. They had to continue fighting. They had to face continual risks. And yet they also had to come to terms with the death of a very, very close colleague.

So you see the internal psychological struggle and the news reporting can't give you that because news reporting is very short. For this to be fully understood, you have to play it out over quite a long time. The film was -- is 90 minutes long. So there is ample time for people to get to know the characters and understand what really motivates them and the traumas that they experience.

COSTELLO: There's some really rough language in this documentary and from what I understand, PBS has provided a sanitized version to stations and an unedited version, so to speak.

Why did PBS decide to do that?

ROBERTS: Well, it'd difficult for me to comment on PBS' decision. I think it's because that there was an anxiety that there is a lack of clarity under FCC rules regarding the obscenity regulations and they weren't clear whether or not PBS stations would be fined heavy fines -- apparently they are -- for the use of this language.

But I would take exception. I wouldn't say it's extremely raw language. I mean it's tough language, but in combat, I mean, what do you expect people to say? I mean these are men fighting for their lives. These are men seeing their colleagues die and be wounded. This is the most stressful environment you could possibly imagine. And in those times of stress, you know, language is, you know, perhaps is a casualty of that stress. But the important thing, I think, is that combat not be sanitized. I mean these men are fighting for freedom in Iraq and I think it's highly ironic and sadly ironic that they're being censored back home. I think that's a shame, in a sense. And, also, I think it's a shame that the experience of combat, which is something, as you've said, just viewers don't normally have an opportunity to view, is sanitized. That's just, I think it's a tragedy.

COSTELLO: So is it safe to say you're disappointed that PBS decided to provide this sanitized version?

ROBERTS: No, no. I think that WGBH, who funded the film, have been very courageous. They're going to broadcast the unedited version. And I know there's a number of other PBS stations. But it's a local issue. It's each station has to make a decision for its own territory, its audience, its locale and what they feel is appropriate.

So, you know, I'm not disappointed in the narrow sense, but in a sense disappointed that it has fallen into this controversial area when, in fact, you know, these are men who are serving America. These are men who are risking their lives on a daily basis. And this is an attempt to give a window onto that reality and it's just a shame that it has to be curtailed and sanitized. It's just, it's a tragedy.

COSTELLO: Well, Tom, if it makes you feel any better, those e- mailing our show today totally agree with you. They want to see the unsanitized version.

Tom Roberts, "A Company of Soldiers," airs tonight on your PBS station.

Thank you for joining DAYBREAK today.

Still to come, proof today that nature does not discriminate between rich and poor. Just ahead, we'll show you what mud slides did to some Bel Air mansions.

But first, imagine the government taking away your home and giving your land away to a developer, a private developer. The Supreme Court is talking about that today and we will talk about the arguments next.

(COMMERCIAL BREAK)

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired February 22, 2005 - 06:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Earth gives way and homeowners see their houses tumble. A new round of mud slides.
Life and death -- another delay or final decision in the emotional case of Terri Schiavo?

And in the company of soldiers -- an up close, in your face look at life in a war zone.

It is Tuesday, February 22.

You are watching DAYBREAK.

And good morning to you.

From the Time Warner Center in New York, I'm Carol Costello, along with Chad Myers.

Now in the news, ruined homes, ruined lives, scenes of destruction in central Iran this morning. A strong earthquake has struck the region. At least 190 are dead, a thousand injured.

In California, it's back to court for Michael Jackson. Jury selection resumes today in his child molestation trial. The process was delayed last week when the singer was hospitalized with the flu.

We've been having some wild weather coast to coast. At first glance, this looks like snow, but it's hail. Powerful thunderstorms and lightning moved through north Georgia on Monday night. Some people in and around metro Atlanta reported hail the size of golf balls; others the size of a nickel.

And out in California, appearances can be deceiving. This appears to be a tractor trailer floating down a river. It's actually Highway 101 near Hollywood. Part of it was shut down late Monday because of flooding. Hip deep water stranded some drivers. And traffic, as you might expect, was backed up for miles.

Any relief in sight -- Chad.

CHAD MYERS, CNN METEOROLOGIST: It's going to stop here eventually. It'll stop by probably Wednesday night into Thursday, Carol. But it's a coastal low pressure center that's sitting out there spinning. And almost like the inside, the cross-section of a HoHo (ph). When -- every time it spins around, with the moisture that comes onshore, it's just one more wave or one more pinwheel coming onshore, one after another after another. And that's what's been happening now the past couple of days. And, in fact, it's still raining out there.

(WEATHER REPORT)

COSTELLO: Pictures and then lunch -- that's what's on the agenda for President Bush right about now. He's at NATO headquarters in Brussels and he's got a jam packed day of events.

Live to the Belgian capital and CNN White House correspondent Suzanne Malveaux -- good morning, Suzanne.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Carol.

Well, it's a very big day for President Bush. He has summits both with NATO, as well as the European Union. The president's goals, of course, to try to have a more civil tone with European allies, as well as trying to build more support to help train Iraqi forces.

It looks like President Bush successful on both ends. NATO members, all 26 of them, we're told, are prepared to offer in some way to help train those Iraqi forces. There are already NATO members that are training Iraqis in and outside of the country, but they will offer a modest program to increase that.

And, of course, earlier today, President Bush meeting with a very important person, the only non-NATO member before the summit, who was actually going to be attending that. That is, of course, the newly elected leader of Ukraine, Viktor Yushchenko.

Now, President Bush meeting with him because he essentially symbolizes the success of democracy. President Bush often talking about the fact that, yes, Yushchenko only won this election after the initially tainted election results were overturned. And President Bush using that, really, as a symbol of democratic success.

Now, President Bush also, of course, holding a critical meeting with his closest ally in the Iraq war, that, British Prime Minister Tony Blair. The two of them sharing a breakfast.

Now, as you know, it was a relatively low key affair. They did not answer questions. President Bush still widely unpopular in Britain, as well as Blair, of course, facing reelection, perhaps as early as May. But both of them spoke very optimistically this morning, saying that they believe that there is a new unity of the transatlantic alliance.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I'm looking forward to the NATO meeting today. NATO is a vital relationship for the United States and for Europe. And I'm looking forward to a meeting with the E.U., as well. And I said in my speech yesterday, a strong Europe is very important for the United States and I really meant that. And the prime minister is one of the strong leaders in Europe and I'm really enjoying my relationship with him.

TONY BLAIR, BRITISH PRIME MINISTER: Well, I think what it sets out is a very clear way forward for us now, whatever the differences in the international community have been over the past couple of years. I think we have a really solid basis now for going forward in a unified way. And if we take that opportunity, it will be greatly for the benefit of the international community.

(END VIDEO CLIP)

MALVEAUX: And, Carol, of course, afternoon meetings are going to be very important for President Bush with the European Union. There are a number of differences the United States has in terms of policy. One, and the first foremost one that they're going to be talking about is how do you convince Iran to give up its nuclear ambitions? The E.U. involved in talks, negotiations, offering diplomatic and economic incentives. The United States believes that that is not the way to go. They believe that perhaps they should even push it -- be pushing economic sanctions -- Carol.

COSTELLO: Suzanne Malveaux live in Brussels this morning.

Thank you.

In News Across America now, a MediVac helicopter crashes in Arkansas after responding to a car crash. The patient on board was killed in the crash. The pilot and in-flight nurse were taken to separate hospitals in other emergency helicopters. The cause of the crash still under investigation.

A computer mix-up is being partially blamed for allowing an alleged serial rapist in Denver, Colorado to remain on the loose. Brent Brents is suspected in a series of sexual assaults earlier this month. His alleged victims include two 11-year-old sisters and their 67-year-old grandmother. Investigators say evidence from an October attack also points to Brents. But that evidence was lost for two months because it wasn't uploaded into a computer database.

Police have recovered the vehicle of a pregnant Fort Worth, Texas woman and her 7-year-old son. Lisa Underwood and her son have been part of a nationwide amber alert since they disappeared over the weekend. We'll get more on the missing family from Underwood's aunt, Marla Hess, who is a guest on AMERICAN MORNING. That comes your way in just under an hour.

It could be the final chapter for Terri Schiavo's parents, and it will be written by an accurate. You know the story by now. Schiavo's parents are trying to prevent her husband from disconnecting the feeding tube that has kept Terri Schiavo alive for 15 years.

(BEGIN VIDEO CLIP)

DAVID GIBBS, ATTORNEY FOR TERRI'S PARENTS: Well, I think with that, we have to realize Terri is very strong. She has a will to live. It would be basically like any other person here not getting food for, let's say, 24 hours. You'd be pretty hungry. You'd probably be pretty uncomfortable. But she'll be fine. And so I think that physically Terri will withstand that.

But I think that would be unbelievably cruel for the guardian to do that. I mean what kind of human being would say I'm going to just jerk your food away for a period of 24 hours while there's other legal issues pending?

(END VIDEO CLIP)

COSTELLO: Put that way, it's chilling.

The question today is will it happen? Will Terri Schiavo's feeding tube actually be removed?

Let's head live to Washington to discuss this, and former federal prosecutor Pam Stuart.

Good morning, Pam.

PAM STUART, FORMER FEDERAL PROSECUTOR: Good morning, Carol.

COSTELLO: Basically what's happened is a court issued stay has expired. Schiavo's parents have appealed.

Based on what the courts have ruled in the past, what do you think will happen?

STUART: Well, the Supreme Court of the United States has decided not to enter the case. And so as matters stand now, it looks as though the feeding tube will be removed at the request of Terri's husband.

COSTELLO: But, you know, the parents' attorney is now bringing up this amazing story of a comatose woman who spoke after 20 years. She was in a minimally conscious state.

Will that story have any weight at all with the court?

STUART: Well, it is a very, very amazing story, but there is a physical difference between her situation and that of Terri Schiavo, who is in a persistent vegetative state. The Florida Supreme Court, in discussing Terri Schiavo's physical condition, described her brain as really being mostly that of spinal fluid. It has degenerated to that condition.

So it is -- it would take a miracle in order to regenerate her brain, whereas that of the young woman in Kansas is really showing signs of regeneration.

COSTELLO: I know you keep saying that court options are running out for Schiavo's parents, but they're still trying other methods. They plan to use Randall Terry's group, Operation Rescue, to picket her husband's house and lobby the legislature.

Will those be effective moves?

STUART: Not in this case, because the Florida Supreme Court ruled that the legislature's action, which took place before, pretty much in response to public outcry, was unconstitutional and that was followed by an action by Governor Jeb Bush, who issued an executive order which also was unconstitutional. In effect, Governor Bush tried to overrule an action by the judiciary. And so if it's tried again, it will be unconstitutional, as well.

And by the Supreme Court of the United States saying, in effect, we're not going to get involved, they basically agreed.

COSTELLO: Pam Stuart live from Washington this morning, a former prosecutor.

Thank you for joining DAYBREAK.

We appreciate it.

When DAYBREAK continues, a rare glimpse of the reality of the war. Cameras follow the day in and day out with American soldiers in Iraq. I'll speak to a documentary film producer who followed their every move.

Pen, paper and a nation's political turmoil come to life in one man's art. Nic Robertson with the emotional story of a grandfather in Iraq.

And what happens when your town wants to take away your home and make way for something they say will be bigger and better?

But first, here's a look at what else is making news this Tuesday morning.

(COMMERCIAL BREAK)

COSTELLO: Still to come on DAYBREAK, gays and lesbians serving openly in uniform? Later, we'll tell you about a new initiative.

DAYBREAK will be back in a minute.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports.

It's 6:14 Eastern.

Here's what's all new this morning.

President Bush is in Brussels, where he's meeting with several NATO and European Union leaders. He's trying to soothe frayed feelings over the Iraq war. The president had breakfast with British Prime Minister Tony Blair before meeting with the new Ukrainian president, Viktor Yushchenko.

Massachusetts Governor Mitt Romney addressed a group of Republicans in Spartanburg, South Carolina. But he's not saying if the stop there was campaign related. South Carolina could be a key state in the 2008 Republican primary. In money news, more than 200 doctors are being investigated for using a fake form of botox. The bogus botox says "not for human use" right on the label. "USA Today" reporting patients in Oregon, Florida and Nevada are known to have rcvd injections of the unapproved toxin.

In culture, the breakup of Brad Pitt and Jennifer Aniston has led to some restructuring at Madam Tussaud's. It cost about $19,000 to separate the wax couple from their loving embrace. Now they'll be repositioned with their backs to one another.

In sports, Adam Scott walked away with the winner's check from the rain shortened Nissan Open. But it isn't an official victory, since the weather forced the tournament to be shortened to 36 holes. That's the first time this has happened in nine years -- Chad.

MYERS: So, what, he won't get all of his money? Oh, no, no, no, of course he does. Just kidding.

Good morning, Carol.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you this morning.

Still to come on DAYBREAK, a supermarket chain files for bankruptcy.

And an Iraqi artist shares his nation's pain through his pen.

And later, could the airport you're flying to today make you sick? A new definition for terminal illness, later on DAYBREAK.

(COMMERCIAL BREAK)

CARRIE LEE, CNN CORRESPONDENT: Good morning, everyone.

I'm Carrie Lee at the Nasdaq market site.

Supermarket chain Winn-Dixie is filing for bankruptcy protection. The idea, to improve operations and financial performance, but also cut costs and decide how to use assets to make its stores more productive. They've secured $800 million in financing to help pay for reorganization efforts. Winn-Dixie is going to keep over 920 stores open, but they will ask the court to get out of leases on about 150 other stores.

The company has been hurt by Wal-Mart's presence in selling groceries, as most of its stores are in the Southeastern United States, which is a Wal-Mart stronghold.

Winn-Dixie is getting some positive publicity, however, with the release of a movie called "Because of Winn-Dixie" about a girl who finds a stray dog at a Winn-Dixie supermarket.

Meanwhile, it looks like we're going see some selling at the 9:30 bell. That's what early indications are looking like for this shortened trading week. A look at consumer confidence for February, expected to show a decline for last month.

One stock to watch, drug maker Novartis. They've spent $8 billion to make two acquisitions that will expand the company's presence in the generic drug space.

And that's the latest business news.

DAYBREAK will be right back.

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COSTELLO: A soldier's eye view of the war zone -- something you have not seen before, not this close and not this raw. A new documentary will air on PBS's "Frontline" tonight. It's called "A Company of Soldiers," nicknamed "The Misfits."

Listen to a portion of it.

(BEGIN VIDEO CLIP FROM "A COMPANY OF SOLDIERS," COURTESY PBS/FRONTLINE)

UNIDENTIFIED MALE: Today, Dog Company has been ordered to set up a roadblock while the rest of the battalion hunts for insurgents hiding in the area.

UNIDENTIFIED MALE: Hey, Dan? You're in charge of this. (UNINTELLIGIBLE) OK?

UNIDENTIFIED MALE: (UNINTELLIGIBLE).

UNIDENTIFIED MALE: Everybody feels scared. When I go out the gate, I feel kind of anxious and nervous at the same time. But I don't really feel fear, like so much fear that I can't function, you know?

UNIDENTIFIED MALE: All right, and I don't want to hear it.

UNIDENTIFIED MALE: Especially when, you know, there's a car on the side of the road and it's just sitting there and you have to go past it and, you know, there's a sense that, you know, that could be the car that blows up.

UNIDENTIFIED MALE: Suddenly, they spot a car coming their way.

UNIDENTIFIED MALE: Hey, so he passed the trigger line. He passed the trigger line. Sir, the Humvee is right here, sir. He can see us.

(END VIDEO CLIP)

COSTELLO: Joining us now from London is the director of "A Company of Soldiers," Tom Roberts.

Welcome, Tom.

TOM ROBERTS, DIRECTOR: Good morning. COSTELLO: You followed the soldiers of Dog Company of the 8th Calvary for a month. It means the audience got to see their faces and know their personalities.

What sort of impact does that leave the audience with?

ROBERTS: Well, I would hope that people would have a real visceral experience of the risks, the dangers, the experience of combat. The film attempted to get as close to the reality of the fighting in Iraq. And I think the other thing it tries to do very much is to understand that these are people, not just automatons wearing uniforms, but men and women who believe in what they're doing and have a commitment to this fight and risk their lives to do so.

So I hope it gives an audience a sense of real, real people in a very difficult and demanding environment.

COSTELLO: What will we see in your documentary that differs from what we see on the news every day?

ROBERTS: Well, I think, first of all, it's a development of character. You see what happens to a group of men when a very close colleague of theirs heroically fights and dies and the impact on their lives, on their outlook, on how they follow, you know, through the next days. They weren't able to withdraw from the fight. They had to continue fighting. They had to face continual risks. And yet they also had to come to terms with the death of a very, very close colleague.

So you see the internal psychological struggle and the news reporting can't give you that because news reporting is very short. For this to be fully understood, you have to play it out over quite a long time. The film was -- is 90 minutes long. So there is ample time for people to get to know the characters and understand what really motivates them and the traumas that they experience.

COSTELLO: There's some really rough language in this documentary and from what I understand, PBS has provided a sanitized version to stations and an unedited version, so to speak.

Why did PBS decide to do that?

ROBERTS: Well, it'd difficult for me to comment on PBS' decision. I think it's because that there was an anxiety that there is a lack of clarity under FCC rules regarding the obscenity regulations and they weren't clear whether or not PBS stations would be fined heavy fines -- apparently they are -- for the use of this language.

But I would take exception. I wouldn't say it's extremely raw language. I mean it's tough language, but in combat, I mean, what do you expect people to say? I mean these are men fighting for their lives. These are men seeing their colleagues die and be wounded. This is the most stressful environment you could possibly imagine. And in those times of stress, you know, language is, you know, perhaps is a casualty of that stress. But the important thing, I think, is that combat not be sanitized. I mean these men are fighting for freedom in Iraq and I think it's highly ironic and sadly ironic that they're being censored back home. I think that's a shame, in a sense. And, also, I think it's a shame that the experience of combat, which is something, as you've said, just viewers don't normally have an opportunity to view, is sanitized. That's just, I think it's a tragedy.

COSTELLO: So is it safe to say you're disappointed that PBS decided to provide this sanitized version?

ROBERTS: No, no. I think that WGBH, who funded the film, have been very courageous. They're going to broadcast the unedited version. And I know there's a number of other PBS stations. But it's a local issue. It's each station has to make a decision for its own territory, its audience, its locale and what they feel is appropriate.

So, you know, I'm not disappointed in the narrow sense, but in a sense disappointed that it has fallen into this controversial area when, in fact, you know, these are men who are serving America. These are men who are risking their lives on a daily basis. And this is an attempt to give a window onto that reality and it's just a shame that it has to be curtailed and sanitized. It's just, it's a tragedy.

COSTELLO: Well, Tom, if it makes you feel any better, those e- mailing our show today totally agree with you. They want to see the unsanitized version.

Tom Roberts, "A Company of Soldiers," airs tonight on your PBS station.

Thank you for joining DAYBREAK today.

Still to come, proof today that nature does not discriminate between rich and poor. Just ahead, we'll show you what mud slides did to some Bel Air mansions.

But first, imagine the government taking away your home and giving your land away to a developer, a private developer. The Supreme Court is talking about that today and we will talk about the arguments next.

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