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American Morning
Major Development in Terri Schiavo Case; Shock in Minnesota Community After Shooting Rampage at High School
Aired March 22, 2005 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning.
A major development in the Terri Schiavo case. Just 90 minutes ago, a court ruling that Schiavo's brother calls barbaric.
Shock in a Minnesota community after a shooting rampage at a high school. Ten people are dead and the gunman reportedly smiling and waving as he fired.
And the man accused of murder in the Jessica Lunsford case going before another judge today.
All ahead on AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning.
Welcome, everybody.
We're awaiting word of an appeal in the Terri Schiavo case after that ruling this morning. A federal judge in Tampa rejecting Schiavo's parents, who want their daughter's feeding tube to be reinserted. We've got reports this morning coming from the courthouse and also from the hospice where Terri Schiavo is being cared for.
HEMMER: A developing story again at this hour.
Also, another bizarre scene outside the courthouse in Michael Jackson's trial. Jackson hobbling into court yesterday, later weeping at the defense table. He was late in addition to that. We'll look at how court was able to proceed with someone who was on the inside. Maureen Orth, our guest in a moment.
O'BRIEN: Just when you think they're getting back on track it kind of -- the wheels fall off once again in that case.
HEMMER: Watch it every day.
O'BRIEN: Yes.
JACK CAFFERTY, CNN CORRESPONDENT: If he thinks the trial is tough, wait until he gets to prison.
O'BRIEN: Due process is all I'm going to say. CAFFERTY: Coming up in "The Cafferty File," we'll tell you how many heartbeats the world is away from Queen Camilla. A heavy hitter who took a heavy hit to his nice guy image. And the candy tree at a Chicago area elementary school that's more addictive than sugar.
HEMMER: All right, Jack. We'll wait for that.
Thank you.
First, the breaking news out of Florida. Developments in Terri Schiavo's case. A federal judge has refused to order the feeding tube be reinserted. Her parents say they will appeal that ruling immediately.
Bob Franken is at Terri Schiavo's hospice in Pinellas Park, Florida -- Bob, good morning there.
What is at the core of the judge's decision this morning?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: The core was the standard for an emergency order, a temporary restraining order, which is, among other things, a likelihood, in the view of a judge, that the lawsuit, the litigation that is the foundation for it, will succeed.
The judge in his questioning yesterday expressed quite a bit of skepticism about that and that skepticism, of course, is now reflected in his opinion. It did not meet that standard that there's a likelihood of success with the litigation.
Congress, the other night, raising the hopes of the family as it did in its extraordinary session, only required that this go through the federal judiciary system. It obviously did not require a judgment.
Now it comes time for the judgment. So the next step there is the 11th Circuit Court of Appeals in Atlanta. The attorneys on both sides, anticipating they needed to appeal, were already lined up. There is a process where things can be accelerated. It's just a matter of the court at that level deciding it wants to do it.
And the same thing will occur after the 11th Circuit makes its wishes known. If the Supreme Court is needed, then the Supreme Court would get into this. The Supreme Court twice has refused to get involved.
Now, of course, the clock is ticking. Terri Schiavo had her feeding tube pulled on Friday. Doctors say that there would be a maximum of two weeks before she would pass away. That, of course, is the intention of her husband, Michael Schiavo, who says that over the years he has tried everything and that the only humane thing to do is to end the life of Terri Schiavo.
But her parents, her blood relatives angrily disagree. They have been fighting, oftentimes desperately, grasping at straws. This is another legal straw, Bill, and in the minds of many experts, it's a straw that will soon leave their grasp, too. But that will be up to the higher levels of the federal court system to determine -- Bill.
HEMMER: You mentioned that the clock is ticking. And on Friday, that tube was taken out of Schiavo's body.
What is your sense, Bob, that you're getting there in Florida about how much longer this can drag out if the 11th Circuit Court of Appeals is the next stop and then ultimately the U.S. Supreme Court after that?
FRANKEN: Well, the Supreme Court twice has refused to deal with this because there's a presumption that matters of guardianship are state matters and this has gone through the state courts. In an earlier ruling, a federal judge said it is not the responsibility of the federal courts to act as an appellate system for state courts. That is sometimes true.
If t questions can be raised about the constitutionality of the treatment of Terri Schiavo, then it would, of course, be a matter for the federal judiciary.
But the judge yesterday expressed skepticism about the family lawyers who are saying that there were constitutional issues involved, constitutional issues, by the way, that have been rejected before when they've been in federal court.
HEMMER: All right, Bob, thanks for that, in Pinellas Park, Florida.
We'll watch it from there, again. Developments again throughout the morning here.
To the other headlines, and there are many today.
Here's Carol Costello with us now -- good morning.
CAROL COSTELLO, CNN ANCHOR: A lot of developing news early this morning.
Good morning, everyone.
Now in the news, convicted sex offender John Couey in court already this morning facing charges for the kidnapping and murder of 9-year-old Jessica Lunsford. Couey arrived in court within the past half hour. He's been charged with capital murder, battery, kidnapping and sexual battery on a child less than 12 years old.
Jessica Lunsford's body was found last Saturday following her disappearance last month. Her parents are calling for the death penalty.
Shock and disbelief -- that's how one community member describes the high school massacre on the Red Lake Indian Reservation. A teenager in Minnesota apparently gunned down his grandparents before killing at least nine others and himself. The chairman of the Red Lake Ojibwa Nation says the motive behind the shooting remains unclear. (BEGIN VIDEO CLIP)
CHAIRMAN FLOYD JOURDAIN: We're all, you know, the huge question why, you know? Just like in Columbine, you know. We have a security system that was implemented, in fact, before Columbine. And apparently the security there, the school had a plan. There was security in place and they did everything they could to stop the tragedy yesterday and it was just beyond their control, unfortunately, and lives were lost.
(END VIDEO CLIP)
COSTELLO: The FBI is expected to give more specifics about this case at a news conference later this morning. CNN will cover it for you.
Chief Justice William Rehnquist is back overseeing the Supreme Court in person. Rehnquist has been working from home in recent months, battling thyroid cancer. But everything appeared to be business as usual upon his return Monday.
Today, the top court is set to hear a free speech case involving former O.J. Simpson lawyer Johnnie Cochran.
And minor damage, but no injuries, after several tornadoes touched down near the Oklahoma-Kansas border. Amazing pictures to show you this morning. One of the twisters caught by tape -- caught on tape by a storm chaser in Alfalfa County. Among the damage was a mobile home knocked off its foundations.
A check on the weather with Chad just ahead.
A little tornado, but that can still do damage.
HEMMER: It sure could. No complaints here, though, huh? Outsider later today?
COSTELLO: It's going to be 50.
HEMMER: Spring has sprung.
O'BRIEN: Finally.
HEMMER: We like it.
Thanks, Carol.
COSTELLO: Sure.
O'BRIEN: It's about time.
All right, Carol, thanks.
Well, one of the nation's biggest makers of children's products is being hit with the largest fine ever imposed on a company. Pennsylvania-based Graco will pay the government $4 million for failing to report items dangerous to children stretching over an 11- year period. Now there is a voluntary recall for one of those products. It's a toddler bed. More than a million of them are being recalled because children have been injured after getting trapped between the guardrail slats and the foot boards.
Hal Stratton is the chairman of the Consumer Product Safety Commission.
He joins us this morning from Bethesda in Maryland.
Nice to see you.
Thanks very much for being with us.
HAL STRATTON, CHAIRMAN, CPSC: Good morning.
O'BRIEN: This is a massive, massive fine.
Would you go as far as to advise people to, for the most part, stay away from Graco products, because they've had a really rough history over the last 11 plus years?
STRATTON: You know, I wouldn't do that. I would suggest that if they're going to use any of these products, that they check out what the repairs are and what the fixes are of any of the products that are on this particular list. There's about 10 of them. But, you know, Graco has new management now with Newell Rubbermaid. They've been very cooperative with this with us, in working out this penalty, bringing products to us that we didn't even know about.
So I wouldn't be able to make that recommendation.
O'BRIEN: Some of the problems historically have been problems with car seats, problems with high chairs, problems with strollers with injuries and as many as six deaths reported. Now you've got this voluntary recall of the one million toddler beds.
What's specifically is the problem with the bed?
STRATTON: Well, the problem with the toddler bed is that children are getting their limbs caught in between the slats on the side rails and the end board. And because of that and because of the size of the mattress here, they're unable to extract themselves and we're seeing broken bones and a lot of other injuries. So that's the major problem.
O'BRIEN: As we mentioned, this is a bed that's been sold since 1994. First, why such a long -- I mean theoretically, your kid could be 11 years old, who was once in that toddler bed, right?
STRATTON: That's right. I mean they've been out there a long time and they still may very well be out there, because a lot of these beds, other cribs, other children's products, are sold in the secondary market over and over. People hand them down. So just because the last sale of this bed was in 2001 doesn't mean that parents shouldn't be cautious and make sure that they look for them and look for the problems.
O'BRIEN: So what should parents be looking for, you know, to see if this is the bed that their toddler is using?
STRATTON: Well, they need to look at this bed, basically, and if it's a bed like this and it has slats and it's made by Graco, then that's a problem. There is a repair for the bed, Soledad, that Graco is providing. And I want to show you what that is. Anybody that has this particular bed needs to immediately call the company and arrange to get the fix or the repair for the bed, which is a mesh knit that goes over the slats, and that prevents the children from getting their limbs caught between the slats.
O'BRIEN: As we've mentioned, this is part of a $4 million fine for violations over this 11-year period, the biggest fine ever.
Why did you feel the need to slap this company with the biggest fine ever?
STRATTON: Well, we had about 10 different reporting violations on 10 different products, where they failed to report. Companies are required to immediately report substantial product hazards to the CPSC. They didn't do that with any of these products and there were even deaths included here. So we felt like this is the largest fine in the history of the CPSC by double and we felt like that it was warranted in this particular case.
O'BRIEN: Here's what the company had to say. It noted that the penalty pertains to a time prior to Newell's acquisition of Graco -- as you mentioned, the company was acquired -- when the company was under a different executive management team and for implementations of systems. That will ensure that this will not occur moving forward."
When you hear words like that from the new owners of this company, are you confident that that's, in fact, what's going to happen here?
STRATTON: We are heartened by that because all of that is true. The new management, there is new management now at Newell Rubbermaid and they have been very cooperative with us in working this out. And so we're hoping that cooperation continues and we have no reason to believe that it won't continue.
O'BRIEN: All right, Hal Stratton is the chairman of the Consumer Products Safety Commission, joining us from Bethesda this morning.
Thanks for your time, sir.
STRATTON: Thank you, Soledad.
O'BRIEN: Bill.
HEMMER: All right, 11 minutes past the hour now, Soledad.
If you're looking for good news today, look to Chad Myers. And look to the Northeast, too. CHAD MYERS, CNN METEOROLOGIST: I was going to say.
HEMMER: Put this day in a bottle, my friend -- good morning.
(WEATHER REPORT)
O'BRIEN: Well, witnesses to a motorcycle crash make frantic calls to 911 only to have the dispatcher say, "too bad?" We've got the shocking story just ahead.
HEMMER: Also, Michael Jackson dazed and, some say, confused, arriving late to court again. The latest drama from California is next.
O'BRIEN: Plus, if you can't remember a thing, we're going to tell you how to prevent what specialists call memory flameouts.
That's ahead on AMERICAN MORNING.
Stay with us.
(COMMERCIAL BREAK)
HEMMER: Testimony resumes today at Michael Jackson's child molestation trial. There was more drama in the courtroom on Monday, as Jackson's health yet again overshadowed the testimony. Severe back pain forced the pop star to make a hospital visit again before court. Jackson arrived five minutes late, supported by his brother and a bodyguard.
"Vanity Fair's" Maureen Orth was in the courtroom.
She's live this morning in Santa Maria, California.
Maureen, nice to see you, and good morning.
MAUREEN ORTH, "VANITY FAIR" MAGAZINE: Good morning.
HEMMER: What was wrong with Michael Jackson yesterday?
ORTH: He has this back problem that he's been complaining about for about a week. And when he appeared, he -- actually, we didn't get court started for an hour yesterday while he was in the bathroom and being ministered to. And there was a local doctor who came. And he appeared to be very heavily medicated and disheveled. And, you know, he's extremely thin and wispy looking.
So he had a very consciously slow kind of zombie walk into the courtroom, supported by his guard and his brother. And he did that two or three times before the jury finally got a chance to see him during one of the breaks.
HEMMER: So it's a 45 minute late start yesterday.
ORTH: Yes.
HEMMER: What did the judge tell jurors?
ORTH: The judge didn't tell them anything yesterday, which was unusual. He just came in and sat on the bench, which was in stark contrast to the other day, when he said that Michael Jackson had an hour before he'd revoke his bail or issue an arrest warrant.
HEMMER: Well, we keep on hearing about these threats from the judge, but apparently no action has been taken.
Is there an explanation for that?
ORTH: Well, because -- I think because yesterday he obviously was in such pain and he was heavily medicated and the judge asked the doctor into the chambers to talk to him. So I think the judge is trying to give him some leeway. And we don't have court this afternoon, so if he shows up this morning, he can, you know, rest this afternoon.
But you have to understand, Michael Jackson is not used to any kind of routine. He's not sued to having to get up every morning and report anywhere. And his illness during court appearances is quite regular.
HEMMER: You mentioned no court this afternoon. There will be a half day, which means court will be in session for the morning.
ORTH: That's right.
HEMMER: Let's talk about the evidence from yesterday, Maureen.
ORTH: Yes?
HEMMER: The prosecution put a child sex abuse expert on the stand.
What did he provide in his testimony?
ORTH: What the prosecution wanted to do was to show from this expert how most kids in these situations behave. And what the expert says the research shows is that three fourths of all children don't even report sexual abuse the first year. They often have problems with the time line, when it actually occurred. They -- it's usually with somebody they know who provides them a lot of favors or gifts or has a kind of a secret relationship with them. They feel -- and they don't feel that they can fend it off often, that they just seem to have to cope with it, because the other person kind of overpowers them because of age or relationship or whatever.
So all of these things were meant to put into context some of the inconsistencies in the victim's testimony, particularly with regard to they didn't know what time it was or they changed their story. This is supposedly, according to the research, very usual. And so the expert was supposed to dispel myths that the public or the jury might have.
HEMMER: So there's another witness from yesterday, this flight attendant, who apparently testified that she would hide alcohol in the bathroom of Michael Jackson's plane. However, she also added that she never saw Michael Jackson drunk and never saw any kids abuse alcohol that were flying with him.
Does her testimony play one side or the other?
ORTH: Well, what she did corroborate was that on a regular basis that the profile for his flight was that white wine was supposed to be provided in Diet Coke cans, which, of course, is one of the allegations of how he gave wine to the accuser here. So she provided that. And also the fact that he drank on a regular basis on most of his flights and that he did not want to be seen drinking in front of children. Hence, the secrecy and the hiding.
So I think it cut both ways.
HEMMER: Maureen Orth, thanks for your time today, from "Vanity Fair" magazine.
ORTH: You're welcome.
HEMMER: Up early in Santa Maria.
We'll watch for a half day of court today here from New York City.
Thanks again -- Soledad.
O'BRIEN: Well, people obviously call 911 to get immediate help and advice for the emergency at hand. But now a Connecticut State trooper is in trouble for his reaction to a call from the scene of a motorcycle accident.
WTNH's Sara Welch has more this morning.
(BEGIN VIDEO TAPE)
JIM SAWYER: This is where all the panic and all the mayhem began.
SARA WELCH, WTNH CORRESPONDENT (voice-over): Along this road in Lisbon is where Jim Sawyer's son Justin lay dying. On August 17 last year, the 21-year-old crashed his motorcycle. His friends did what anyone would do in an emergency.
UNIDENTIFIED MALE: I called 911 right away.
WELCH: That call rang into the state police barracks in Montville.
UNIDENTIFIED MALE: State police, 911.
UNIDENTIFIED MALE: Yes, I'm on Incinerator Road in Taftville.
Someone crashed on their street bike.
UNIDENTIFIED MALE: Where?
UNIDENTIFIED MALE: Incinerator Road in Taftville.
UNIDENTIFIED MALE: Yes, too bad.
UNIDENTIFIED MALE: I was shocked. I thought I had the wrong number at first.
LIZ NIEGEL: And so I picked up my phone and I called 911.
WELCH: Liz Niegel made the second frantic call.
NIEGEL: I need to report a street bike accident.
UNIDENTIFIED MALE: Is that the one over on Incinerator Drive?
NIEGEL: Yes.
UNIDENTIFIED MALE: Right. Well, we'll get there. Shouldn't be playing games.
SAWYER: I am just absolutely outraged.
WELCH: It wasn't until the third emergency call that a female dispatcher assessed the situation. State police tell us that Trooper Robert Peasley's comments were unprofessional and inappropriate, and the agency apologizes if, "Our actions added to the family's pain."
SAWYER: It was just an outrageous way to answer an emergency phone call.
(END VIDEO TAPE)
O'BRIEN: That trooper, Robert Peasley, has now been suspended for 15 days without pay. The state police union says the discipline is inappropriate and too harsh. The family, though, is saying that it is not tough enough -- Bill.
HEMMER: About 21 minutes now past the hour, Soledad.
Many celebrities who have kids are a bit jittery after news of an alleged kidnapping plot against David Letterman's son. Coming up, we'll talk to a former FBI investigator about what stars are doing today to try and protect themselves and their families.
Back in a minute with that on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody.
Let's get right to Jack and the Question of the Day -- good morning, again.
CAFFERTY: Good morning. Depressing stuff. The country's going broke. The federal budget deficit headed toward an all time high. The trade deficit the same story. It's even bigger than the budget deficit. The dollar is declining. Oil prices are rising. Interest rates are rising, Social Security and Medicare problems. The list just goes on and on and on.
A new poll taken by an outfit called the National Association for Business Economics, government spending and deficits are the biggest threats to economic growth in this country. Seven months ago, this same outfit said it was terrorism.
We want to know what you think -- terrorism or the economy.
John in Florida writes: "The terrorists have succeeded in their stated goal. They're bankrupting America. Their biggest allies are our government leaders."
John in New Orleans: "The same thing that brought down the Soviet Union -- the economy."
Judy in the Cayman Islands: "Again, the standard answer, it's the economy, stupid, and I don't mean you, Jack."
Well, thank you, Judy.
Bruce in Wisconsin: "Terrorism is the greater threat because it gives President Bush an excuse to ignore our staggering national debt."
And Tom in West Virginia writes: "You may recall a wild back the furor over the possibility that Mexico would have to default on its debts. Imagine what it'll be like when this country finds itself in the same position. The scariest people on Earth get elected every two years."
He's referring, I guess, to the Congress.
HEMMER: Watch the Fed today, right? Interest rates, another 1/4 point. That's what they expect, anyway.
O'BRIEN: That's the prediction.
HEMMER: All right.
We'll see there.
A related matter now. Jay Leno is talking about the high gas prices in this country.
Here's last night, a bit of humor.
(BEGIN VIDEO CLIP FROM "THE TONIGHT SHOW WITH JAY LENO," COURTESY NBC)
JAY LENO, HOST: Well, folks, on the second anniversary on the invasion of Iraq, gas prices in California have hit $3 a gallon in some places. $3 a gallon. Didn't we win that war? I mean I knew there were no weapons of mass destruction. Apparently there's no gas there either. In fact, gas prices are so high, Robert Blake and O.J. are forced to carpool in their search for the real killers.
(END VIDEO CLIP)
HEMMER: A tag team, huh, in California?
O'BRIEN: Yes, a little funny.
HEMMER: Funny stuff.
Also, "Late Night" host David Letterman making headlines since authorities say they foiled a kidnapping plot against his son. This in the State of Montana.
One expert tells us what some celebrities are now doing to make sure that stalkers do not carry out their own plots. We'll talk to him about it in a moment as we continue after this.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody.
Just about half past the hour here on this AMERICAN MORNING.
Coming up, we're talking about the ruling in the Terri Schiavo case. A federal judge now refusing to get involved despite the efforts of Congress and the president. We'll take a look at that; also, tell you how even the Vatican is getting involved now.
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Aired March 22, 2005 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning.
A major development in the Terri Schiavo case. Just 90 minutes ago, a court ruling that Schiavo's brother calls barbaric.
Shock in a Minnesota community after a shooting rampage at a high school. Ten people are dead and the gunman reportedly smiling and waving as he fired.
And the man accused of murder in the Jessica Lunsford case going before another judge today.
All ahead on AMERICAN MORNING.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
SOLEDAD O'BRIEN, CNN ANCHOR: Good morning.
Welcome, everybody.
We're awaiting word of an appeal in the Terri Schiavo case after that ruling this morning. A federal judge in Tampa rejecting Schiavo's parents, who want their daughter's feeding tube to be reinserted. We've got reports this morning coming from the courthouse and also from the hospice where Terri Schiavo is being cared for.
HEMMER: A developing story again at this hour.
Also, another bizarre scene outside the courthouse in Michael Jackson's trial. Jackson hobbling into court yesterday, later weeping at the defense table. He was late in addition to that. We'll look at how court was able to proceed with someone who was on the inside. Maureen Orth, our guest in a moment.
O'BRIEN: Just when you think they're getting back on track it kind of -- the wheels fall off once again in that case.
HEMMER: Watch it every day.
O'BRIEN: Yes.
JACK CAFFERTY, CNN CORRESPONDENT: If he thinks the trial is tough, wait until he gets to prison.
O'BRIEN: Due process is all I'm going to say. CAFFERTY: Coming up in "The Cafferty File," we'll tell you how many heartbeats the world is away from Queen Camilla. A heavy hitter who took a heavy hit to his nice guy image. And the candy tree at a Chicago area elementary school that's more addictive than sugar.
HEMMER: All right, Jack. We'll wait for that.
Thank you.
First, the breaking news out of Florida. Developments in Terri Schiavo's case. A federal judge has refused to order the feeding tube be reinserted. Her parents say they will appeal that ruling immediately.
Bob Franken is at Terri Schiavo's hospice in Pinellas Park, Florida -- Bob, good morning there.
What is at the core of the judge's decision this morning?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: The core was the standard for an emergency order, a temporary restraining order, which is, among other things, a likelihood, in the view of a judge, that the lawsuit, the litigation that is the foundation for it, will succeed.
The judge in his questioning yesterday expressed quite a bit of skepticism about that and that skepticism, of course, is now reflected in his opinion. It did not meet that standard that there's a likelihood of success with the litigation.
Congress, the other night, raising the hopes of the family as it did in its extraordinary session, only required that this go through the federal judiciary system. It obviously did not require a judgment.
Now it comes time for the judgment. So the next step there is the 11th Circuit Court of Appeals in Atlanta. The attorneys on both sides, anticipating they needed to appeal, were already lined up. There is a process where things can be accelerated. It's just a matter of the court at that level deciding it wants to do it.
And the same thing will occur after the 11th Circuit makes its wishes known. If the Supreme Court is needed, then the Supreme Court would get into this. The Supreme Court twice has refused to get involved.
Now, of course, the clock is ticking. Terri Schiavo had her feeding tube pulled on Friday. Doctors say that there would be a maximum of two weeks before she would pass away. That, of course, is the intention of her husband, Michael Schiavo, who says that over the years he has tried everything and that the only humane thing to do is to end the life of Terri Schiavo.
But her parents, her blood relatives angrily disagree. They have been fighting, oftentimes desperately, grasping at straws. This is another legal straw, Bill, and in the minds of many experts, it's a straw that will soon leave their grasp, too. But that will be up to the higher levels of the federal court system to determine -- Bill.
HEMMER: You mentioned that the clock is ticking. And on Friday, that tube was taken out of Schiavo's body.
What is your sense, Bob, that you're getting there in Florida about how much longer this can drag out if the 11th Circuit Court of Appeals is the next stop and then ultimately the U.S. Supreme Court after that?
FRANKEN: Well, the Supreme Court twice has refused to deal with this because there's a presumption that matters of guardianship are state matters and this has gone through the state courts. In an earlier ruling, a federal judge said it is not the responsibility of the federal courts to act as an appellate system for state courts. That is sometimes true.
If t questions can be raised about the constitutionality of the treatment of Terri Schiavo, then it would, of course, be a matter for the federal judiciary.
But the judge yesterday expressed skepticism about the family lawyers who are saying that there were constitutional issues involved, constitutional issues, by the way, that have been rejected before when they've been in federal court.
HEMMER: All right, Bob, thanks for that, in Pinellas Park, Florida.
We'll watch it from there, again. Developments again throughout the morning here.
To the other headlines, and there are many today.
Here's Carol Costello with us now -- good morning.
CAROL COSTELLO, CNN ANCHOR: A lot of developing news early this morning.
Good morning, everyone.
Now in the news, convicted sex offender John Couey in court already this morning facing charges for the kidnapping and murder of 9-year-old Jessica Lunsford. Couey arrived in court within the past half hour. He's been charged with capital murder, battery, kidnapping and sexual battery on a child less than 12 years old.
Jessica Lunsford's body was found last Saturday following her disappearance last month. Her parents are calling for the death penalty.
Shock and disbelief -- that's how one community member describes the high school massacre on the Red Lake Indian Reservation. A teenager in Minnesota apparently gunned down his grandparents before killing at least nine others and himself. The chairman of the Red Lake Ojibwa Nation says the motive behind the shooting remains unclear. (BEGIN VIDEO CLIP)
CHAIRMAN FLOYD JOURDAIN: We're all, you know, the huge question why, you know? Just like in Columbine, you know. We have a security system that was implemented, in fact, before Columbine. And apparently the security there, the school had a plan. There was security in place and they did everything they could to stop the tragedy yesterday and it was just beyond their control, unfortunately, and lives were lost.
(END VIDEO CLIP)
COSTELLO: The FBI is expected to give more specifics about this case at a news conference later this morning. CNN will cover it for you.
Chief Justice William Rehnquist is back overseeing the Supreme Court in person. Rehnquist has been working from home in recent months, battling thyroid cancer. But everything appeared to be business as usual upon his return Monday.
Today, the top court is set to hear a free speech case involving former O.J. Simpson lawyer Johnnie Cochran.
And minor damage, but no injuries, after several tornadoes touched down near the Oklahoma-Kansas border. Amazing pictures to show you this morning. One of the twisters caught by tape -- caught on tape by a storm chaser in Alfalfa County. Among the damage was a mobile home knocked off its foundations.
A check on the weather with Chad just ahead.
A little tornado, but that can still do damage.
HEMMER: It sure could. No complaints here, though, huh? Outsider later today?
COSTELLO: It's going to be 50.
HEMMER: Spring has sprung.
O'BRIEN: Finally.
HEMMER: We like it.
Thanks, Carol.
COSTELLO: Sure.
O'BRIEN: It's about time.
All right, Carol, thanks.
Well, one of the nation's biggest makers of children's products is being hit with the largest fine ever imposed on a company. Pennsylvania-based Graco will pay the government $4 million for failing to report items dangerous to children stretching over an 11- year period. Now there is a voluntary recall for one of those products. It's a toddler bed. More than a million of them are being recalled because children have been injured after getting trapped between the guardrail slats and the foot boards.
Hal Stratton is the chairman of the Consumer Product Safety Commission.
He joins us this morning from Bethesda in Maryland.
Nice to see you.
Thanks very much for being with us.
HAL STRATTON, CHAIRMAN, CPSC: Good morning.
O'BRIEN: This is a massive, massive fine.
Would you go as far as to advise people to, for the most part, stay away from Graco products, because they've had a really rough history over the last 11 plus years?
STRATTON: You know, I wouldn't do that. I would suggest that if they're going to use any of these products, that they check out what the repairs are and what the fixes are of any of the products that are on this particular list. There's about 10 of them. But, you know, Graco has new management now with Newell Rubbermaid. They've been very cooperative with this with us, in working out this penalty, bringing products to us that we didn't even know about.
So I wouldn't be able to make that recommendation.
O'BRIEN: Some of the problems historically have been problems with car seats, problems with high chairs, problems with strollers with injuries and as many as six deaths reported. Now you've got this voluntary recall of the one million toddler beds.
What's specifically is the problem with the bed?
STRATTON: Well, the problem with the toddler bed is that children are getting their limbs caught in between the slats on the side rails and the end board. And because of that and because of the size of the mattress here, they're unable to extract themselves and we're seeing broken bones and a lot of other injuries. So that's the major problem.
O'BRIEN: As we mentioned, this is a bed that's been sold since 1994. First, why such a long -- I mean theoretically, your kid could be 11 years old, who was once in that toddler bed, right?
STRATTON: That's right. I mean they've been out there a long time and they still may very well be out there, because a lot of these beds, other cribs, other children's products, are sold in the secondary market over and over. People hand them down. So just because the last sale of this bed was in 2001 doesn't mean that parents shouldn't be cautious and make sure that they look for them and look for the problems.
O'BRIEN: So what should parents be looking for, you know, to see if this is the bed that their toddler is using?
STRATTON: Well, they need to look at this bed, basically, and if it's a bed like this and it has slats and it's made by Graco, then that's a problem. There is a repair for the bed, Soledad, that Graco is providing. And I want to show you what that is. Anybody that has this particular bed needs to immediately call the company and arrange to get the fix or the repair for the bed, which is a mesh knit that goes over the slats, and that prevents the children from getting their limbs caught between the slats.
O'BRIEN: As we've mentioned, this is part of a $4 million fine for violations over this 11-year period, the biggest fine ever.
Why did you feel the need to slap this company with the biggest fine ever?
STRATTON: Well, we had about 10 different reporting violations on 10 different products, where they failed to report. Companies are required to immediately report substantial product hazards to the CPSC. They didn't do that with any of these products and there were even deaths included here. So we felt like this is the largest fine in the history of the CPSC by double and we felt like that it was warranted in this particular case.
O'BRIEN: Here's what the company had to say. It noted that the penalty pertains to a time prior to Newell's acquisition of Graco -- as you mentioned, the company was acquired -- when the company was under a different executive management team and for implementations of systems. That will ensure that this will not occur moving forward."
When you hear words like that from the new owners of this company, are you confident that that's, in fact, what's going to happen here?
STRATTON: We are heartened by that because all of that is true. The new management, there is new management now at Newell Rubbermaid and they have been very cooperative with us in working this out. And so we're hoping that cooperation continues and we have no reason to believe that it won't continue.
O'BRIEN: All right, Hal Stratton is the chairman of the Consumer Products Safety Commission, joining us from Bethesda this morning.
Thanks for your time, sir.
STRATTON: Thank you, Soledad.
O'BRIEN: Bill.
HEMMER: All right, 11 minutes past the hour now, Soledad.
If you're looking for good news today, look to Chad Myers. And look to the Northeast, too. CHAD MYERS, CNN METEOROLOGIST: I was going to say.
HEMMER: Put this day in a bottle, my friend -- good morning.
(WEATHER REPORT)
O'BRIEN: Well, witnesses to a motorcycle crash make frantic calls to 911 only to have the dispatcher say, "too bad?" We've got the shocking story just ahead.
HEMMER: Also, Michael Jackson dazed and, some say, confused, arriving late to court again. The latest drama from California is next.
O'BRIEN: Plus, if you can't remember a thing, we're going to tell you how to prevent what specialists call memory flameouts.
That's ahead on AMERICAN MORNING.
Stay with us.
(COMMERCIAL BREAK)
HEMMER: Testimony resumes today at Michael Jackson's child molestation trial. There was more drama in the courtroom on Monday, as Jackson's health yet again overshadowed the testimony. Severe back pain forced the pop star to make a hospital visit again before court. Jackson arrived five minutes late, supported by his brother and a bodyguard.
"Vanity Fair's" Maureen Orth was in the courtroom.
She's live this morning in Santa Maria, California.
Maureen, nice to see you, and good morning.
MAUREEN ORTH, "VANITY FAIR" MAGAZINE: Good morning.
HEMMER: What was wrong with Michael Jackson yesterday?
ORTH: He has this back problem that he's been complaining about for about a week. And when he appeared, he -- actually, we didn't get court started for an hour yesterday while he was in the bathroom and being ministered to. And there was a local doctor who came. And he appeared to be very heavily medicated and disheveled. And, you know, he's extremely thin and wispy looking.
So he had a very consciously slow kind of zombie walk into the courtroom, supported by his guard and his brother. And he did that two or three times before the jury finally got a chance to see him during one of the breaks.
HEMMER: So it's a 45 minute late start yesterday.
ORTH: Yes.
HEMMER: What did the judge tell jurors?
ORTH: The judge didn't tell them anything yesterday, which was unusual. He just came in and sat on the bench, which was in stark contrast to the other day, when he said that Michael Jackson had an hour before he'd revoke his bail or issue an arrest warrant.
HEMMER: Well, we keep on hearing about these threats from the judge, but apparently no action has been taken.
Is there an explanation for that?
ORTH: Well, because -- I think because yesterday he obviously was in such pain and he was heavily medicated and the judge asked the doctor into the chambers to talk to him. So I think the judge is trying to give him some leeway. And we don't have court this afternoon, so if he shows up this morning, he can, you know, rest this afternoon.
But you have to understand, Michael Jackson is not used to any kind of routine. He's not sued to having to get up every morning and report anywhere. And his illness during court appearances is quite regular.
HEMMER: You mentioned no court this afternoon. There will be a half day, which means court will be in session for the morning.
ORTH: That's right.
HEMMER: Let's talk about the evidence from yesterday, Maureen.
ORTH: Yes?
HEMMER: The prosecution put a child sex abuse expert on the stand.
What did he provide in his testimony?
ORTH: What the prosecution wanted to do was to show from this expert how most kids in these situations behave. And what the expert says the research shows is that three fourths of all children don't even report sexual abuse the first year. They often have problems with the time line, when it actually occurred. They -- it's usually with somebody they know who provides them a lot of favors or gifts or has a kind of a secret relationship with them. They feel -- and they don't feel that they can fend it off often, that they just seem to have to cope with it, because the other person kind of overpowers them because of age or relationship or whatever.
So all of these things were meant to put into context some of the inconsistencies in the victim's testimony, particularly with regard to they didn't know what time it was or they changed their story. This is supposedly, according to the research, very usual. And so the expert was supposed to dispel myths that the public or the jury might have.
HEMMER: So there's another witness from yesterday, this flight attendant, who apparently testified that she would hide alcohol in the bathroom of Michael Jackson's plane. However, she also added that she never saw Michael Jackson drunk and never saw any kids abuse alcohol that were flying with him.
Does her testimony play one side or the other?
ORTH: Well, what she did corroborate was that on a regular basis that the profile for his flight was that white wine was supposed to be provided in Diet Coke cans, which, of course, is one of the allegations of how he gave wine to the accuser here. So she provided that. And also the fact that he drank on a regular basis on most of his flights and that he did not want to be seen drinking in front of children. Hence, the secrecy and the hiding.
So I think it cut both ways.
HEMMER: Maureen Orth, thanks for your time today, from "Vanity Fair" magazine.
ORTH: You're welcome.
HEMMER: Up early in Santa Maria.
We'll watch for a half day of court today here from New York City.
Thanks again -- Soledad.
O'BRIEN: Well, people obviously call 911 to get immediate help and advice for the emergency at hand. But now a Connecticut State trooper is in trouble for his reaction to a call from the scene of a motorcycle accident.
WTNH's Sara Welch has more this morning.
(BEGIN VIDEO TAPE)
JIM SAWYER: This is where all the panic and all the mayhem began.
SARA WELCH, WTNH CORRESPONDENT (voice-over): Along this road in Lisbon is where Jim Sawyer's son Justin lay dying. On August 17 last year, the 21-year-old crashed his motorcycle. His friends did what anyone would do in an emergency.
UNIDENTIFIED MALE: I called 911 right away.
WELCH: That call rang into the state police barracks in Montville.
UNIDENTIFIED MALE: State police, 911.
UNIDENTIFIED MALE: Yes, I'm on Incinerator Road in Taftville.
Someone crashed on their street bike.
UNIDENTIFIED MALE: Where?
UNIDENTIFIED MALE: Incinerator Road in Taftville.
UNIDENTIFIED MALE: Yes, too bad.
UNIDENTIFIED MALE: I was shocked. I thought I had the wrong number at first.
LIZ NIEGEL: And so I picked up my phone and I called 911.
WELCH: Liz Niegel made the second frantic call.
NIEGEL: I need to report a street bike accident.
UNIDENTIFIED MALE: Is that the one over on Incinerator Drive?
NIEGEL: Yes.
UNIDENTIFIED MALE: Right. Well, we'll get there. Shouldn't be playing games.
SAWYER: I am just absolutely outraged.
WELCH: It wasn't until the third emergency call that a female dispatcher assessed the situation. State police tell us that Trooper Robert Peasley's comments were unprofessional and inappropriate, and the agency apologizes if, "Our actions added to the family's pain."
SAWYER: It was just an outrageous way to answer an emergency phone call.
(END VIDEO TAPE)
O'BRIEN: That trooper, Robert Peasley, has now been suspended for 15 days without pay. The state police union says the discipline is inappropriate and too harsh. The family, though, is saying that it is not tough enough -- Bill.
HEMMER: About 21 minutes now past the hour, Soledad.
Many celebrities who have kids are a bit jittery after news of an alleged kidnapping plot against David Letterman's son. Coming up, we'll talk to a former FBI investigator about what stars are doing today to try and protect themselves and their families.
Back in a minute with that on AMERICAN MORNING.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody.
Let's get right to Jack and the Question of the Day -- good morning, again.
CAFFERTY: Good morning. Depressing stuff. The country's going broke. The federal budget deficit headed toward an all time high. The trade deficit the same story. It's even bigger than the budget deficit. The dollar is declining. Oil prices are rising. Interest rates are rising, Social Security and Medicare problems. The list just goes on and on and on.
A new poll taken by an outfit called the National Association for Business Economics, government spending and deficits are the biggest threats to economic growth in this country. Seven months ago, this same outfit said it was terrorism.
We want to know what you think -- terrorism or the economy.
John in Florida writes: "The terrorists have succeeded in their stated goal. They're bankrupting America. Their biggest allies are our government leaders."
John in New Orleans: "The same thing that brought down the Soviet Union -- the economy."
Judy in the Cayman Islands: "Again, the standard answer, it's the economy, stupid, and I don't mean you, Jack."
Well, thank you, Judy.
Bruce in Wisconsin: "Terrorism is the greater threat because it gives President Bush an excuse to ignore our staggering national debt."
And Tom in West Virginia writes: "You may recall a wild back the furor over the possibility that Mexico would have to default on its debts. Imagine what it'll be like when this country finds itself in the same position. The scariest people on Earth get elected every two years."
He's referring, I guess, to the Congress.
HEMMER: Watch the Fed today, right? Interest rates, another 1/4 point. That's what they expect, anyway.
O'BRIEN: That's the prediction.
HEMMER: All right.
We'll see there.
A related matter now. Jay Leno is talking about the high gas prices in this country.
Here's last night, a bit of humor.
(BEGIN VIDEO CLIP FROM "THE TONIGHT SHOW WITH JAY LENO," COURTESY NBC)
JAY LENO, HOST: Well, folks, on the second anniversary on the invasion of Iraq, gas prices in California have hit $3 a gallon in some places. $3 a gallon. Didn't we win that war? I mean I knew there were no weapons of mass destruction. Apparently there's no gas there either. In fact, gas prices are so high, Robert Blake and O.J. are forced to carpool in their search for the real killers.
(END VIDEO CLIP)
HEMMER: A tag team, huh, in California?
O'BRIEN: Yes, a little funny.
HEMMER: Funny stuff.
Also, "Late Night" host David Letterman making headlines since authorities say they foiled a kidnapping plot against his son. This in the State of Montana.
One expert tells us what some celebrities are now doing to make sure that stalkers do not carry out their own plots. We'll talk to him about it in a moment as we continue after this.
(COMMERCIAL BREAK)
O'BRIEN: Welcome back, everybody.
Just about half past the hour here on this AMERICAN MORNING.
Coming up, we're talking about the ruling in the Terri Schiavo case. A federal judge now refusing to get involved despite the efforts of Congress and the president. We'll take a look at that; also, tell you how even the Vatican is getting involved now.
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