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CNN Live At Daybreak
Federal Appeals Court in Atlanta Rules in Terri Schiavo Life or Death Case; Just Who Was Jeff Weise?
Aired March 23, 2005 - 05:00 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: Straight ahead on DAYBREAK, breaking news overnight. A federal appeals court in Atlanta rules in the Terri Schiavo life or death case.
Plus, young, confused and angry with a deadly determination. The Red Lake Indian Reservation shooting -- just who was Jeff Weise?
And the mysteries of the brain -- how does stress affect your memory?
It is Wednesday, March 23.
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.
Less than three hours ago, another highly anticipated ruling in the Terri Schiavo case. A federal appeals court in Atlanta has denied an emergency request from Schiavo's parents. Their request to have a feeding tube reinserted into their brain damaged woman daughter has been rejected.
Live to Atlanta now and Tony Harris -- Tony, you've been there for quite a few hours.
TONY HARRIS, CNN ANCHOR: Yes, I have. Absolutely.
COSTELLO: When did this ruling come down?
HARRIS: Just a couple of hours ago. I got the call at 3:00 a.m. that the decision had come down and hustled to get here this morning and take a look at it. And here it is, Carol. The decision from the United States Court of Appeals for the 11th Circuit here in Atlanta. And essentially when you read through the 32 pages of this opinion, what it says is that this court will not intervene, will not get involved on the behalf of the Schindler family and restore the feeding tube for Terri Schiavo.
Let's get to a bit of the writing of this court and the majority opinion.
"First of all, there is no denying the absolute tragedy that has befallen Mrs. Schiavo. We all have our own family, our own loved ones n our own children. However, we are called upon to make a collective, objective decision concerning a question of law here."
And then there is the strongly worded dissent from Judge Charles Wilson. Here's a piece of it: "Congress intended for this case to be reviewed with a fresh set of eyes. We are not called upon to consider the wisdom of the legislation in granting this injunction. We would merely effectuate Congress' intent."
And, Carol, at issue here is this temporary restraining order that would do two things. First of all, it would restore the feeding tube to Terri Schiavo, the feeding tube that has essentially kept her alive since 1990. The second part of this is that it would order that essential new trial, a fresh look at this case.
Now, in looking at this, remember that the Schindler family has maintained throughout the years that Terri Schiavo has not been given her due process, has been denied her due process under law. You'll recall that on Monday, Judge James Whittemore in Tampa decided not to take a look at this, not to intervene. After listening to an hour's worth of arguments on Monday, the judge took a look at it and yesterday decided not to get involved. That bounced it to the 11th Circuit, where we are here in Atlanta.
And what are the issues that the judges had to consider in coming to this ruling this morning?
First of all, they had to determine whether or not Judge Whittemore abused his discretion in not granting the temporary restraining order that would have restored the feeding tube. The other issue here is another critical issue of whether or not the state courts in Florida, through the years, had denied Terri Schiavo's constitutionally protected rights, had violated those rights in any way, the civil rights, religious rights, due process under law. And, again, this court, in this decision right here, says that Terri Schiavo's rights through the years, through 19 court rulings, had very much protected her constitutional rights.
And then the third issue was whether or not the Schindler family, if a new trial were ordered, could expect to win in that new trial. And, again, the judges for the 11th Circuit, this three judge panel decided that based on the merits of the case, the Schindlers would not prevail in any new trial.
So where do we go from here? We go inexorably, it seems, to the United States Supreme Court -- Carol.
COSTELLO: And, Tony, the U.S. Supreme Court could refuse to deal with this case at all, right?
HARRIS: It has. It's looked at it twice and has decided not to get involved. And, once again, it has upheld the state, the lower court rulings. And, Carol, as you know, the higher you go up in the appeals process, the less likely it is that you'll get a lower court ruling overturned.
COSTELLO: And I know that still the fight goes on.
HARRIS: Sure.
COSTELLO: Because the U.S. Supreme Court may consider it this time. We don't know yet.
HARRIS: Yes.
COSTELLO: But that's where it's going now. And I'm sure the Schindlers' lawyers have already filed in the U.S. Supreme Court. And, also, there is a move in Florida this morning with the legislature there to change the law to stop this process.
We're going to be exploring all of those options on DAYBREAK.
In other headlines now in the news, though, Jeff Weise, the teenager authorities say carried out the school shooting massacre in Minnesota may have posted comments on a neo-Nazi Web site. The writer assumed two other names, Native Nazi and Todes-engel. That's "angel of death" in German.
President Bush today hosts the leaders of Mexico and Canada in Waco, Texas and at his ranch in Crawford. They're expected to sign an agreement aimed at improving the security and economies of three nations.
A bombing in a predominantly Christian area north of Beirut early today killed three people and injured two others. It's Lebanon's third bombing in six weeks. The last bombing also was in a Christian area.
Actually, Chad Myers is feeling under the weather today.
Rob Marciano has graced us with his presence.
ROB MARCIANO, CNN METEOROLOGIST: Hi.
COSTELLO: Good morning, Rob.
MARCIANO: Hi, Carol.
I got the call yesterday afternoon, so Chad was feeling a little bit uneasy on the way out the door.
Anyway, we hope he feels better and I hope you're doing OK this morning.
(WEATHER REPORT)
COSTELLO: We are following breaking news this morning in the Terri Schiavo case. A federal appeals court rejects an appeal from Schiavo's parents to reinsert their brain damaged woman daughter's feeding tube. The parents also vowing to appeal yet again.
But do they really have any hope left now?
For some analysis, we're joined by Paul Gilbert, a human rights lawyer in London. Good morning to you, Paul.
PAUL GILBERT, HUMAN RIGHTS LAWYER: Good morning.
COSTELLO: This case will likely go to the U.S. Supreme Court.
Will the U.S. Supreme Court consider it?
GILBERT: I think it's very notable the views expressed by the two judges in the circuit court, to the extent that they really didn't feel that this case had any remote chance of succeeding. In other words, what they felt was that the state court had exhaustively analyzed all the facts. They had heard a lot of medical evidence. They had heard the arguments on both sides, including the religious arguments, pro-life, and that the state court's decision was good, and that there was nothing that the two judges who had found against the motion felt was going to change the view that a federal court might have if it reheard all of this evidence again.
COSTELLO: The court is saying that the Schindlers' arguments are just not good enough.
What do they mean by that, because just looking at this case from an outside view, you see this woman and some would say she's slowly starving to death in a painful way? Wouldn't they consider that, as well?
GILBERT: Well, what the court looks at is whether there is -- if the -- whether the treatment has any meaning at all. In other words, what does it do -- what is the future of Terri's life? And what it has to consider is what is in the best interests of Terri, the individual. And what they have to look at -- and they do this a number of ways, including as the state judge, Judge Greer, did, were to appoint an attorney entirely to argue from Terri's point of view, so that what the judge hears is arguments both from the -- on the family's side, for her to be continued to allow to live; on her husband's side, for the tube to be removed; and an attorney just there to argue on Terri's behalf.
And having considered that, the judge then forms the view of what is in the best interests of Terri and whether the tube should be removed. And, of course, it will be a painful process dying in that way. But, you know, the court is really there to decide the best interests. It's a regrettable consequence of that decision, but that is what will happen.
COSTELLO: Can the U.S. Congress enact another law -- and I know there are also some mechanizations going on in the Florida state legislature to try to come up with a law to stop this.
Any of those avenues likely to be successful for the Schindlers?
GILBERT: Carol, I think that's a very good question. And it's notable that during the debates that went on in Congress over the weekend, one of the issues that had to be decided was whether this was a unique law to this case or whether it would have a wider application. And it was really only because it was agreed that it would be a unique law to this case that it got through Congress.
So one can see that it's unlikely that you would see a federal law of that description. Whether the Florida state will now look at the legislation that currently applies and alter it is another matter. And that, presumably, is for the federal state legislature to look at.
But it is going to be interesting to see what happens -- what flows from it. I think what's important about these cases is that all of them are different. They all depend on their facts. I mean, for example, generally speaking with these people in this sort of condition, their breathing is being assisted. Now, in this case, that isn't the case.
So every case does depend on its facts. And it's important that, for that reason, the court has an enormous degree of flexibility.
If you have a series of rules that are imposed arbitrarily by legislature that aren't flexible, you are going to have a problem where you're going to have unjust decisions being arrived at because of a lack of flexibility.
COSTELLO: Paul Gilbert, thank you very much, a human rights lawyer, live from London this morning.
GILBERT: Thank you.
COSTELLO: Through all the twist and turns in the Schiavo case, we've been getting your take on it. A new CNN/"USA Today"/Gallup poll is out. 64 percent of those surveyed say they believe Terri Schiavo's husband Michael. He says his wife would not have wanted to go on living under these circumstances. 25 percent indicate they don't believe him. The poll also asked, "How has President Bush handled the case?" 52 percent disagree with the way the president has dealt with it, 31 percent approve, 17 percent aren't sure.
One of the reasons the Schiavo case is where it is right now is because President Bush signed a bill that moved the case to the federal court. But back when he was Texas governor, he signed a very different measure, one that's still sending life or death ripples through the state.
Here's CNN White House correspondent Suzanne Malveaux.
(BEGIN VIDEO TAPE)
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT (voice-over): Since he was born, Sun Hudson had to fight for his life. He was kept alive on a ventilator, but hospital officials said his case was futile and recommended discontinuing life support. The infant's mother, Wanda Hudson, objected. But last week, the boy's breathing tube was removed and he died minutes later.
WANDA HUDSON, MOTHER: They took him off the ventilator and he breathed his last breath and that was it.
MALVEAUX: The hospital used a Texas law signed in 1999 by then Governor George Bush, and amended in 2003 to include minor's cases, which allows doctors to make the final call on terminating treatment.
Dr. Thomas Mayo helped draft the legislation.
DR. THOMAS MAYO, SOUTHERN METHODIST UNIVERSITY: When the doctors disagree with the decision-maker, in this case, the family decision- maker, after they have gone through the requirements of the statute, the hospital may remove life support over the family's objections.
MALVEAUX: Now, President Bush's signing of Terri's Law, which moved Terri Schiavo's case to federal court in an effort to save her life, has put a spotlight on Mr. Bush's past and present treatment of the matter.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: It is wise to always err on the side of life.
MALVEAUX: Critics charge hypocrisy.
REP. DEBBIE WASSERMAN SCHULTZ (D), FLORIDA: There is an obvious conflict here between the president's feelings on this matter now as compared to when he was governor of Texas. MAYO: I don't see it as a conflict and I don't see the president as being hypocritical.
MALVEAUX: The Texas law included new provisions sought by right to life advocates to buy families more time and more options for their dying loved ones. MAYO: There's a 10 day, a mandatory 10 day waiting period to allow for the possibility of a transfer to another hospital, to allow for a trip to the courthouse.
MALVEAUX: Consistent, the White House says, with President Bush's action in the Schiavo case.
(END VIDEO TAPE)
COSTELLO: We're going to break away from this story right now, because, as you can see, Pope John Paul II is appearing at the window at the Vatican, waving to the crowds below. He doesn't look like he's speaking, but he is holding a paper. There's been much concern about his health in recent weeks because, as you know, he was released from the hospital a few weeks ago. He underwent a tracheotomy and he was learning to speak, but we really haven't heard him say many words since. And we've also learned that on Good Friday the pope will not be performing the mass. That's the first time in 26 years for him.
So it's a big deal that he's appearing at the window this morning to show the faithful that he can still wave to the crowd, that he can still issue blessings. This Holy Week, leading up to Easter, which, of course, is Sunday.
There are a number of powerful people in Terri Schiavo's corner. We're talking a lot about that this morning. Just ahead, we're going live to Rome, back to Rome for the latest from the Vatican on this case, as well as an update on the pope's health. In fact, I just gave you one. But there are new developments that I don't know. Our Alessio Vinci knows better than me, because he is there. That's at 32 minutes past. And 11 before the hour, trying to make sense out of tragedy. Just who was the 16-year-old boy who shot and killed nine others before taking his own life in Minnesota this week?
And we will show you just how much stress can affect your memory in extreme situations. We'll take you to memory boot camp.
But first, here's a look at what else is making news this Wednesday morning.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It's 5:18 Eastern.
Here's what's all new this morning.
Just under three hours ago, a federal court panel denied an appeal from Terri Schiavo's parents. They're fighting to get their brain damaged woman daughter's feeding tube reinserted. The parents plan another appeal, this time to the U.S. Supreme Court.
You're never too old to quit smoking. That's what the government says. So starting right now, Medicare will cover counseling costs for some recipients who want to quit. It only applies to people who have tobacco related illnesses, however.
In money news, the Fed has raised the key interest rate yet again and may be planning more increases in the coming months. The short- term lending rate jumped another 1/4 percent, to 2.75 percent. It is the seventh increase since June.
In culture, after a couple of bombs at the box office, Ben Affleck is hoping to get better results from behind the camera. He signed on to make his directorial debut with "Gone, Baby, Gone." The film was written by the same guy who wrote "Mystic River."
In sports, Barry Bonds says he's tired. He's tired and he may sit out the rest of the season. The Giants' slugger underwent knee surgery last week, but he mostly seems to be blaming the constant media attention and scrutiny over steroids for making him both physically and emotionally drained.
Listen to what else he had to say.
We swear we have Barry Bonds' comments.
And, Rob Marciano, we're going to get to them.
Are we going to get to them now?
OK, here's Barry Bonds.
(BEGIN VIDEO CLIP)
BARRY BONDS, SAN FRANCISCO GIANTS: My family is tired, just tired. I'm tired. You guys wanted to hurt me bad enough, you finally got there.
QUESTION: When you say you guys, who do you mean?
BONDS: You, you, you, you, you, you, the media, everybody. You finally got there.
(END VIDEO CLIP)
COSTELLO: So, Rob, he's in so much pain over the media scrutiny...
MARCIANO: Yes.
COSTELLO: He's going to maybe quit the season.
MARCIANO: Yes.
COSTELLO: He says his child cries every night.
MARCIANO: Right. I know. No steroids allowed this year and now he's going to quit the season. Huh.
(WEATHER REPORT)
COSTELLO: Those are the latest headlines for you this morning.
Postings from a Web site may help investigators figure out why a teenager shot and killed nine other people in Minnesota this week. Jeff Weise apparently used at least two different names online. One was Native Nazi. The other was the German word for "angel of death." Both were found on the Web site of the Libertarian Nationalist Socialist Green Party. In one of the more chilling posts attributed to Weise, he apparently said, "I guess I have always carried a natural admiration for Hitler and his ideals and his courage to take on larger nations."
Students at the school say there were plenty of signs that something was different about Weise.
(BEGIN VIDEO CLIP)
SANDRA HEGSTROM, RED LAKE STUDENT: He didn't talk very much.
CHRISTOPHER MORRISON, RED LAKE STUDENT: He kept his head straightforward. He didn't look at anybody. He walked like on the side of the hallway just trying not to be noticed.
HEGSTROM: When we heard him in a room, you could hear people crying and screaming. And you could hear one or two gunshots and no more screaming anymore.
UNIDENTIFIED MALE: Most people teased him for being for being just, you know, weird. He'd do all kinds of drawings. He showed me a lot of them. Just, most of them were pretty messed up.
QUESTION: What were they of? Drawings of what?
UNIDENTIFIED MALE: Just like people were dying. Just, I don't know, you know, that Nazi symbol or something.
QUESTION: Swastika?
UNIDENTIFIED MALE: Yes.
(END VIDEO CLIP)
COSTELLO: We apologize for that low audio quality. I hope you heard it. I did not. But those students were saying that Weise kept to himself and he wore a black trench coat. He went into the school with guns, this is according to authorities, and he shot a security guard at the front door of the school. There are also metal detectors there and the whole bit.
He stole the guns from his family, his grandparents -- well, actually, his grandfather and his grandfather's girlfriend. His grandfather was a long time police officer on the reservation for 30 years. He stole the guns, he went to the school, he shot the security guard, then he went inside and the shooting rampage began.
That brings us to our DAYBREAK E-Mail Question of the Day. Should school security guards be armed? Let us know what you think at daybreak@cnn.com. That's daybreak@cnn.com.
We're going to toss it to a break.
We'll be back with much more on DAYBREAK.
(COMMERCIAL BREAK)
COSTELLO: Oh, Rob, as you know, it's that time of morning for a little laughter.
MARCIANO: Give it to me. I need some.
COSTELLO: Me, too.
MARCIANO: What do you have?
COSTELLO: We do like to bring our viewers the lighter side of the news this early in the morning.
We have a mixed bag of funny stuff to share.
Here's some of the best "Late Night Laughs" from Jay Leno.
MARCIANO: Cool.
(BEGIN VIDEO CLIP FROM "THE TONIGHT SHOW WITH JAY LENO," COURTESY NBC) JAY LENO, HOST: How do you think this acquittal makes Martha Stewart feel, huh? I mean she goes to prison for lying to investigators. Robert Blake goes free. You know, if Martha had just killed her stockbroker instead of taking his advice, she'd be a free woman now. She'd be out.
Condoleezza Rice made her last stop on her foreign trip. She was in Beijing and she got a lot of -- they went nuts for her.
UNIDENTIFIED MALE: Really?
LENO: They went nuts. I mean, god, you would actually think people in China had never seen rice before. I mean they just went crazy.
You know, gas prices are at an all time high here in California, $3 a gallon in Malibu, like $3.30 in Malibu. In fact, gas is so expensive, women in Beverly Hills now can't afford to run over their cheating husbands with Mercedes anymore. Now they're using Priuses, Toyota Priuses. They have to run them over with a hybrid.
UNIDENTIFIED MALE: Oh, yes?
LENO: Yes, yes.
(END VIDEO CLIP)
COSTELLO: Did you laugh? Are you doing some belly laughs in the...
MARCIANO: I did. The first two I laughed. The last one was kind of -- but, you know, I'm glad you do that, because I haven't broken down to buy TiVo or a DVR yet. So that -- this is my form of watching the late night shows, is when I work this shift. So I appreciate it.
COSTELLO: Well, we aim to please.
MARCIANO: All right. Save me some money.
COSTELLO: Here's what's all new in the next half hour of DAYBREAK.
Memory loss -- we usually blame it on old age. But there are other causes, too. We'll look at how stressful situations can blur your ability to recall.
And a reminder -- our E-mail Question of the Day. Should school security guards be armed? E-mail us your thoughts this morning, daybreak@cnn.com. That's daybreak@cnn.com.
(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 March 23, 2005 - 05:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Straight ahead on DAYBREAK, breaking news overnight. A federal appeals court in Atlanta rules in the Terri Schiavo life or death case.
Plus, young, confused and angry with a deadly determination. The Red Lake Indian Reservation shooting -- just who was Jeff Weise?
And the mysteries of the brain -- how does stress affect your memory?
It is Wednesday, March 23.
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.
Less than three hours ago, another highly anticipated ruling in the Terri Schiavo case. A federal appeals court in Atlanta has denied an emergency request from Schiavo's parents. Their request to have a feeding tube reinserted into their brain damaged woman daughter has been rejected.
Live to Atlanta now and Tony Harris -- Tony, you've been there for quite a few hours.
TONY HARRIS, CNN ANCHOR: Yes, I have. Absolutely.
COSTELLO: When did this ruling come down?
HARRIS: Just a couple of hours ago. I got the call at 3:00 a.m. that the decision had come down and hustled to get here this morning and take a look at it. And here it is, Carol. The decision from the United States Court of Appeals for the 11th Circuit here in Atlanta. And essentially when you read through the 32 pages of this opinion, what it says is that this court will not intervene, will not get involved on the behalf of the Schindler family and restore the feeding tube for Terri Schiavo.
Let's get to a bit of the writing of this court and the majority opinion.
"First of all, there is no denying the absolute tragedy that has befallen Mrs. Schiavo. We all have our own family, our own loved ones n our own children. However, we are called upon to make a collective, objective decision concerning a question of law here."
And then there is the strongly worded dissent from Judge Charles Wilson. Here's a piece of it: "Congress intended for this case to be reviewed with a fresh set of eyes. We are not called upon to consider the wisdom of the legislation in granting this injunction. We would merely effectuate Congress' intent."
And, Carol, at issue here is this temporary restraining order that would do two things. First of all, it would restore the feeding tube to Terri Schiavo, the feeding tube that has essentially kept her alive since 1990. The second part of this is that it would order that essential new trial, a fresh look at this case.
Now, in looking at this, remember that the Schindler family has maintained throughout the years that Terri Schiavo has not been given her due process, has been denied her due process under law. You'll recall that on Monday, Judge James Whittemore in Tampa decided not to take a look at this, not to intervene. After listening to an hour's worth of arguments on Monday, the judge took a look at it and yesterday decided not to get involved. That bounced it to the 11th Circuit, where we are here in Atlanta.
And what are the issues that the judges had to consider in coming to this ruling this morning?
First of all, they had to determine whether or not Judge Whittemore abused his discretion in not granting the temporary restraining order that would have restored the feeding tube. The other issue here is another critical issue of whether or not the state courts in Florida, through the years, had denied Terri Schiavo's constitutionally protected rights, had violated those rights in any way, the civil rights, religious rights, due process under law. And, again, this court, in this decision right here, says that Terri Schiavo's rights through the years, through 19 court rulings, had very much protected her constitutional rights.
And then the third issue was whether or not the Schindler family, if a new trial were ordered, could expect to win in that new trial. And, again, the judges for the 11th Circuit, this three judge panel decided that based on the merits of the case, the Schindlers would not prevail in any new trial.
So where do we go from here? We go inexorably, it seems, to the United States Supreme Court -- Carol.
COSTELLO: And, Tony, the U.S. Supreme Court could refuse to deal with this case at all, right?
HARRIS: It has. It's looked at it twice and has decided not to get involved. And, once again, it has upheld the state, the lower court rulings. And, Carol, as you know, the higher you go up in the appeals process, the less likely it is that you'll get a lower court ruling overturned.
COSTELLO: And I know that still the fight goes on.
HARRIS: Sure.
COSTELLO: Because the U.S. Supreme Court may consider it this time. We don't know yet.
HARRIS: Yes.
COSTELLO: But that's where it's going now. And I'm sure the Schindlers' lawyers have already filed in the U.S. Supreme Court. And, also, there is a move in Florida this morning with the legislature there to change the law to stop this process.
We're going to be exploring all of those options on DAYBREAK.
In other headlines now in the news, though, Jeff Weise, the teenager authorities say carried out the school shooting massacre in Minnesota may have posted comments on a neo-Nazi Web site. The writer assumed two other names, Native Nazi and Todes-engel. That's "angel of death" in German.
President Bush today hosts the leaders of Mexico and Canada in Waco, Texas and at his ranch in Crawford. They're expected to sign an agreement aimed at improving the security and economies of three nations.
A bombing in a predominantly Christian area north of Beirut early today killed three people and injured two others. It's Lebanon's third bombing in six weeks. The last bombing also was in a Christian area.
Actually, Chad Myers is feeling under the weather today.
Rob Marciano has graced us with his presence.
ROB MARCIANO, CNN METEOROLOGIST: Hi.
COSTELLO: Good morning, Rob.
MARCIANO: Hi, Carol.
I got the call yesterday afternoon, so Chad was feeling a little bit uneasy on the way out the door.
Anyway, we hope he feels better and I hope you're doing OK this morning.
(WEATHER REPORT)
COSTELLO: We are following breaking news this morning in the Terri Schiavo case. A federal appeals court rejects an appeal from Schiavo's parents to reinsert their brain damaged woman daughter's feeding tube. The parents also vowing to appeal yet again.
But do they really have any hope left now?
For some analysis, we're joined by Paul Gilbert, a human rights lawyer in London. Good morning to you, Paul.
PAUL GILBERT, HUMAN RIGHTS LAWYER: Good morning.
COSTELLO: This case will likely go to the U.S. Supreme Court.
Will the U.S. Supreme Court consider it?
GILBERT: I think it's very notable the views expressed by the two judges in the circuit court, to the extent that they really didn't feel that this case had any remote chance of succeeding. In other words, what they felt was that the state court had exhaustively analyzed all the facts. They had heard a lot of medical evidence. They had heard the arguments on both sides, including the religious arguments, pro-life, and that the state court's decision was good, and that there was nothing that the two judges who had found against the motion felt was going to change the view that a federal court might have if it reheard all of this evidence again.
COSTELLO: The court is saying that the Schindlers' arguments are just not good enough.
What do they mean by that, because just looking at this case from an outside view, you see this woman and some would say she's slowly starving to death in a painful way? Wouldn't they consider that, as well?
GILBERT: Well, what the court looks at is whether there is -- if the -- whether the treatment has any meaning at all. In other words, what does it do -- what is the future of Terri's life? And what it has to consider is what is in the best interests of Terri, the individual. And what they have to look at -- and they do this a number of ways, including as the state judge, Judge Greer, did, were to appoint an attorney entirely to argue from Terri's point of view, so that what the judge hears is arguments both from the -- on the family's side, for her to be continued to allow to live; on her husband's side, for the tube to be removed; and an attorney just there to argue on Terri's behalf.
And having considered that, the judge then forms the view of what is in the best interests of Terri and whether the tube should be removed. And, of course, it will be a painful process dying in that way. But, you know, the court is really there to decide the best interests. It's a regrettable consequence of that decision, but that is what will happen.
COSTELLO: Can the U.S. Congress enact another law -- and I know there are also some mechanizations going on in the Florida state legislature to try to come up with a law to stop this.
Any of those avenues likely to be successful for the Schindlers?
GILBERT: Carol, I think that's a very good question. And it's notable that during the debates that went on in Congress over the weekend, one of the issues that had to be decided was whether this was a unique law to this case or whether it would have a wider application. And it was really only because it was agreed that it would be a unique law to this case that it got through Congress.
So one can see that it's unlikely that you would see a federal law of that description. Whether the Florida state will now look at the legislation that currently applies and alter it is another matter. And that, presumably, is for the federal state legislature to look at.
But it is going to be interesting to see what happens -- what flows from it. I think what's important about these cases is that all of them are different. They all depend on their facts. I mean, for example, generally speaking with these people in this sort of condition, their breathing is being assisted. Now, in this case, that isn't the case.
So every case does depend on its facts. And it's important that, for that reason, the court has an enormous degree of flexibility.
If you have a series of rules that are imposed arbitrarily by legislature that aren't flexible, you are going to have a problem where you're going to have unjust decisions being arrived at because of a lack of flexibility.
COSTELLO: Paul Gilbert, thank you very much, a human rights lawyer, live from London this morning.
GILBERT: Thank you.
COSTELLO: Through all the twist and turns in the Schiavo case, we've been getting your take on it. A new CNN/"USA Today"/Gallup poll is out. 64 percent of those surveyed say they believe Terri Schiavo's husband Michael. He says his wife would not have wanted to go on living under these circumstances. 25 percent indicate they don't believe him. The poll also asked, "How has President Bush handled the case?" 52 percent disagree with the way the president has dealt with it, 31 percent approve, 17 percent aren't sure.
One of the reasons the Schiavo case is where it is right now is because President Bush signed a bill that moved the case to the federal court. But back when he was Texas governor, he signed a very different measure, one that's still sending life or death ripples through the state.
Here's CNN White House correspondent Suzanne Malveaux.
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SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT (voice-over): Since he was born, Sun Hudson had to fight for his life. He was kept alive on a ventilator, but hospital officials said his case was futile and recommended discontinuing life support. The infant's mother, Wanda Hudson, objected. But last week, the boy's breathing tube was removed and he died minutes later.
WANDA HUDSON, MOTHER: They took him off the ventilator and he breathed his last breath and that was it.
MALVEAUX: The hospital used a Texas law signed in 1999 by then Governor George Bush, and amended in 2003 to include minor's cases, which allows doctors to make the final call on terminating treatment.
Dr. Thomas Mayo helped draft the legislation.
DR. THOMAS MAYO, SOUTHERN METHODIST UNIVERSITY: When the doctors disagree with the decision-maker, in this case, the family decision- maker, after they have gone through the requirements of the statute, the hospital may remove life support over the family's objections.
MALVEAUX: Now, President Bush's signing of Terri's Law, which moved Terri Schiavo's case to federal court in an effort to save her life, has put a spotlight on Mr. Bush's past and present treatment of the matter.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: It is wise to always err on the side of life.
MALVEAUX: Critics charge hypocrisy.
REP. DEBBIE WASSERMAN SCHULTZ (D), FLORIDA: There is an obvious conflict here between the president's feelings on this matter now as compared to when he was governor of Texas. MAYO: I don't see it as a conflict and I don't see the president as being hypocritical.
MALVEAUX: The Texas law included new provisions sought by right to life advocates to buy families more time and more options for their dying loved ones. MAYO: There's a 10 day, a mandatory 10 day waiting period to allow for the possibility of a transfer to another hospital, to allow for a trip to the courthouse.
MALVEAUX: Consistent, the White House says, with President Bush's action in the Schiavo case.
(END VIDEO TAPE)
COSTELLO: We're going to break away from this story right now, because, as you can see, Pope John Paul II is appearing at the window at the Vatican, waving to the crowds below. He doesn't look like he's speaking, but he is holding a paper. There's been much concern about his health in recent weeks because, as you know, he was released from the hospital a few weeks ago. He underwent a tracheotomy and he was learning to speak, but we really haven't heard him say many words since. And we've also learned that on Good Friday the pope will not be performing the mass. That's the first time in 26 years for him.
So it's a big deal that he's appearing at the window this morning to show the faithful that he can still wave to the crowd, that he can still issue blessings. This Holy Week, leading up to Easter, which, of course, is Sunday.
There are a number of powerful people in Terri Schiavo's corner. We're talking a lot about that this morning. Just ahead, we're going live to Rome, back to Rome for the latest from the Vatican on this case, as well as an update on the pope's health. In fact, I just gave you one. But there are new developments that I don't know. Our Alessio Vinci knows better than me, because he is there. That's at 32 minutes past. And 11 before the hour, trying to make sense out of tragedy. Just who was the 16-year-old boy who shot and killed nine others before taking his own life in Minnesota this week?
And we will show you just how much stress can affect your memory in extreme situations. We'll take you to memory boot camp.
But first, here's a look at what else is making news this Wednesday morning.
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(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It's 5:18 Eastern.
Here's what's all new this morning.
Just under three hours ago, a federal court panel denied an appeal from Terri Schiavo's parents. They're fighting to get their brain damaged woman daughter's feeding tube reinserted. The parents plan another appeal, this time to the U.S. Supreme Court.
You're never too old to quit smoking. That's what the government says. So starting right now, Medicare will cover counseling costs for some recipients who want to quit. It only applies to people who have tobacco related illnesses, however.
In money news, the Fed has raised the key interest rate yet again and may be planning more increases in the coming months. The short- term lending rate jumped another 1/4 percent, to 2.75 percent. It is the seventh increase since June.
In culture, after a couple of bombs at the box office, Ben Affleck is hoping to get better results from behind the camera. He signed on to make his directorial debut with "Gone, Baby, Gone." The film was written by the same guy who wrote "Mystic River."
In sports, Barry Bonds says he's tired. He's tired and he may sit out the rest of the season. The Giants' slugger underwent knee surgery last week, but he mostly seems to be blaming the constant media attention and scrutiny over steroids for making him both physically and emotionally drained.
Listen to what else he had to say.
We swear we have Barry Bonds' comments.
And, Rob Marciano, we're going to get to them.
Are we going to get to them now?
OK, here's Barry Bonds.
(BEGIN VIDEO CLIP)
BARRY BONDS, SAN FRANCISCO GIANTS: My family is tired, just tired. I'm tired. You guys wanted to hurt me bad enough, you finally got there.
QUESTION: When you say you guys, who do you mean?
BONDS: You, you, you, you, you, you, the media, everybody. You finally got there.
(END VIDEO CLIP)
COSTELLO: So, Rob, he's in so much pain over the media scrutiny...
MARCIANO: Yes.
COSTELLO: He's going to maybe quit the season.
MARCIANO: Yes.
COSTELLO: He says his child cries every night.
MARCIANO: Right. I know. No steroids allowed this year and now he's going to quit the season. Huh.
(WEATHER REPORT)
COSTELLO: Those are the latest headlines for you this morning.
Postings from a Web site may help investigators figure out why a teenager shot and killed nine other people in Minnesota this week. Jeff Weise apparently used at least two different names online. One was Native Nazi. The other was the German word for "angel of death." Both were found on the Web site of the Libertarian Nationalist Socialist Green Party. In one of the more chilling posts attributed to Weise, he apparently said, "I guess I have always carried a natural admiration for Hitler and his ideals and his courage to take on larger nations."
Students at the school say there were plenty of signs that something was different about Weise.
(BEGIN VIDEO CLIP)
SANDRA HEGSTROM, RED LAKE STUDENT: He didn't talk very much.
CHRISTOPHER MORRISON, RED LAKE STUDENT: He kept his head straightforward. He didn't look at anybody. He walked like on the side of the hallway just trying not to be noticed.
HEGSTROM: When we heard him in a room, you could hear people crying and screaming. And you could hear one or two gunshots and no more screaming anymore.
UNIDENTIFIED MALE: Most people teased him for being for being just, you know, weird. He'd do all kinds of drawings. He showed me a lot of them. Just, most of them were pretty messed up.
QUESTION: What were they of? Drawings of what?
UNIDENTIFIED MALE: Just like people were dying. Just, I don't know, you know, that Nazi symbol or something.
QUESTION: Swastika?
UNIDENTIFIED MALE: Yes.
(END VIDEO CLIP)
COSTELLO: We apologize for that low audio quality. I hope you heard it. I did not. But those students were saying that Weise kept to himself and he wore a black trench coat. He went into the school with guns, this is according to authorities, and he shot a security guard at the front door of the school. There are also metal detectors there and the whole bit.
He stole the guns from his family, his grandparents -- well, actually, his grandfather and his grandfather's girlfriend. His grandfather was a long time police officer on the reservation for 30 years. He stole the guns, he went to the school, he shot the security guard, then he went inside and the shooting rampage began.
That brings us to our DAYBREAK E-Mail Question of the Day. Should school security guards be armed? Let us know what you think at daybreak@cnn.com. That's daybreak@cnn.com.
We're going to toss it to a break.
We'll be back with much more on DAYBREAK.
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COSTELLO: Oh, Rob, as you know, it's that time of morning for a little laughter.
MARCIANO: Give it to me. I need some.
COSTELLO: Me, too.
MARCIANO: What do you have?
COSTELLO: We do like to bring our viewers the lighter side of the news this early in the morning.
We have a mixed bag of funny stuff to share.
Here's some of the best "Late Night Laughs" from Jay Leno.
MARCIANO: Cool.
(BEGIN VIDEO CLIP FROM "THE TONIGHT SHOW WITH JAY LENO," COURTESY NBC) JAY LENO, HOST: How do you think this acquittal makes Martha Stewart feel, huh? I mean she goes to prison for lying to investigators. Robert Blake goes free. You know, if Martha had just killed her stockbroker instead of taking his advice, she'd be a free woman now. She'd be out.
Condoleezza Rice made her last stop on her foreign trip. She was in Beijing and she got a lot of -- they went nuts for her.
UNIDENTIFIED MALE: Really?
LENO: They went nuts. I mean, god, you would actually think people in China had never seen rice before. I mean they just went crazy.
You know, gas prices are at an all time high here in California, $3 a gallon in Malibu, like $3.30 in Malibu. In fact, gas is so expensive, women in Beverly Hills now can't afford to run over their cheating husbands with Mercedes anymore. Now they're using Priuses, Toyota Priuses. They have to run them over with a hybrid.
UNIDENTIFIED MALE: Oh, yes?
LENO: Yes, yes.
(END VIDEO CLIP)
COSTELLO: Did you laugh? Are you doing some belly laughs in the...
MARCIANO: I did. The first two I laughed. The last one was kind of -- but, you know, I'm glad you do that, because I haven't broken down to buy TiVo or a DVR yet. So that -- this is my form of watching the late night shows, is when I work this shift. So I appreciate it.
COSTELLO: Well, we aim to please.
MARCIANO: All right. Save me some money.
COSTELLO: Here's what's all new in the next half hour of DAYBREAK.
Memory loss -- we usually blame it on old age. But there are other causes, too. We'll look at how stressful situations can blur your ability to recall.
And a reminder -- our E-mail Question of the Day. Should school security guards be armed? E-mail us your thoughts this morning, daybreak@cnn.com. That's daybreak@cnn.com.
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