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CNN Live At Daybreak
Why has Schiavo Case Become Such an Emotional Issue for so Many?; Battle Brewing in the Skies
Aired March 24, 2005 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: One family's heartbreak. But so many around the world are feeling the pain, too. Why has the Schiavo case become such an emotional issue for so many?
It's one little letter that's part of a big legal fight in the auto world. We'll spell it out for you.
And all of you frequent fliers, listen up and stretch out, if you can. We've got details on a battle brewing in the skies.
It is Thursday, March 24.
You're watching DAYBREAK.
And good morning to you.
From the Time Warner Center in New York, I'm Carol Costello.
Thank you for joining us this morning.
Now in the news, prayer and protest in the life and death case of Terri Schiavo. Demonstrators who support the brain damaged woman gathered for an overnight vigil outside of the governor's mansion in Tallahassee, Florida. Schiavo's parents have asked the U.S. Supreme Court to order their daughter's feeding tube be reinserted. We'll get the latest details for you live straight ahead.
At least 14 people are believed dead after an explosion and fire at a B.P. oil refinery in Texas City, Texas. More than 100 people are injured. The refinery produces 3 percent of the U.S. petroleum supply. We'll take you live to Texas at the bottom of this hour.
Ashley Smith, the woman held hostage by the man suspected in the Atlanta courthouse shootings, is getting a reward for his capture. Smith will receive $62,500 for helping police nab Brian Nichols.
At St. Peter's Church in Rome, Holy Thursday mass. It marks the Last Supper of Jesus and his disciples. Pope John Paul II is not there. And he's also expected to miss tomorrow's Good Friday mass.
To the Forecast Center now.
Chad is still under the weather. I'm getting a little worried about him -- Rob.
ROB MARCIANO, CNN METEOROLOGIST: Yes, me, too. I thought it was just allergies, though, when I talked to him yesterday. So...
COSTELLO: You know what it is?
MARCIANO: What's that?
COSTELLO: It's exhaustion from the new baby.
MARCIANO: I think that it puts a little bit more strain on Chad. He used to be able to -- he never called in sick last year.
COSTELLO: I know.
MARCIANO: Never. Mr. Reliable, always here.
COSTELLO: You know what they say about children. They're little germ factories.
MARCIANO: But lovable ones, at that.
COSTELLO: Yes.
(WEATHER REPORT)
COSTELLO: Anguished parents count the minutes as they wait for word from the nation's highest court on their daughter's fate. Terri Schiavo's parents filed their appeal with the Supreme Court just before 11:00 p.m. Eastern last night. The petition went to Justice Anthony Kennedy, who handles emergency appeals in cases arising in the 11th Circuit. That includes Florida, where Terri Schiavo lives.
This is the sixth time the case has been presented to the Supreme Court. It's already been appealed three times this year alone. And every single time, the justices have declined to get involved.
But what about this time?
Let's head to our -- let's head live now to Washington and our Bill Mears, a producer for us.
He's following the case at the Supreme Court -- good morning.
BILL MEARS, CNN PRODUCER: Good morning, Carol.
The emergency appeal filed by the parents comes down to one simple request -- put Terri Schiavo's feeding tube back in now. Bob and Mary Schindler hope that that would allow them time to file further appeals.
The brief argues that their daughter's due process and religious freedom rights have been violated. It also makes an extraordinary claim, what's described as a miraculous event, that Terri last weekend allegedly mouthed the words "I want to live."
And the justices have had this appeal now for more than seven hours. And time grows short as Terri enters her sixth day without nutrition. A ruling is expected any time. Legal experts we've spoken with say it's unlikely the court will intervene now. They've passed up four previous chances from just the parents alone to get fully involved. What makes this different, though, is now that the justices are essentially considering the merits of an unprecedented Congressional law signed by the president last weekend that directs the federal courts to get involved quickly in the case, which all have declined to do so thus far.
COSTELLO: Bill, I want to ask you a question about this. Included in the suit filed with the U.S. Supreme Court, the parents are claiming that a miraculous event happened and Terri Schiavo mouthed the words "I want to live?"
MEARS: Yes. This was last weekend. Bob Schindler says he visited his daughter at the hospice in Pinellas Park and that he was talking to his daughter about the Congressional action that was coming up. And he asked for a sign from Terri that she understood what was going on. And he claims, and he told reporters this last weekend, that -- he claims that Terri tried to mouth the words "I want to live" and only got a few of the words out. But he said it was clear to him that she was awake, alert and knew what was going on around her.
COSTELLO: Interesting.
Bill Mears, one of our producers, live at the Supreme Court this morning.
Now for more on the legal workings of the Schiavo case, we're joined from Atlanta by former U.S. attorney and general counsel at Emory University, Kent Alexander.
Good morning, Kent.
KENT ALEXANDER, FORMER U.S. ATTORNEY: Good morning.
COSTELLO: If the Supreme Court refuses to hear this case, is this it?
ALEXANDER: This is it federally. When you go to the Supreme Court, you can go again and again, as we've seen here. But I think this is it for the Supreme Court. The only other avenue that I see is something happening in Florida, either with the legislature, which didn't seem to work yesterday, or Governor Bush stepping in and trying to do something.
COSTELLO: This thing about this miraculous event that Terri Schiavo's father is alleging, that Terri Schiavo mouthed words "I want to live," will that carry any weight with the justices?
ALEXANDER: Legally it won't carry any weight, but it could carry weight in terms of any personal reaction. In this case, however, the case has been to the justices so often and has gone to Judge Kennedy so often I am not sure there's enough different right now with the case for them to do anything differently than they've done in the past. COSTELLO: We were just seeing some demonstrations in Pinellas Park. We know that right to life groups are there and they're picketing and protesting every day. There are many arrests being made there.
Does this kind of demonstration have any weight with the U.S. Supreme Court? Do they look at such things as they consider a case?
ALEXANDER: I don't think they really will. The Supreme Court handles these cutting edge, high profile cases day in and day out during their term. So the fact that things go on outside the Justice Department -- not the Justice Department, the Supreme Court building, don't usually have a lot of impact. The only thing here that is a little different is that Terri -- the Terri Schiavo case has been so widely publicized in the news, it would be difficult for the justices not to see coverage of it. But they really go by the law and not the reaction of the public.
COSTELLO: A final question, because we were all wondering this morning how much this is costing the Schindlers and Michael Schiavo.
Do you have any guesses?
ALEXANDER: Oh, at this point we're talking certainly over $100,000 in legal fees, at least in time. I don't know what people are actually charging. I don't know what people are paying. But this is an expensive venture that we've seen unfolding in the news.
COSTELLO: Certainly so.
Former U.S. attorney Kent Alexander joining DAYBREAK this morning.
ALEXANDER: Thank you.
COSTELLO: Thank you.
Still to come, you know the feeling of flying in coach? No place to put your head but another passenger's shoulder. You're really cramped. Well, coming up, we'll tell you about the ammo being used in the leg room wars.
And the letter Q -- no, this is not a Sesame Street lesson, but some alphabet anger between two car companies.
And they weren't even born when Terri Schiavo first entered a hospital, so why are they in handcuffs outside of her hospice?
But first, here's a look at what else is making news this Thursday morning.
(COMMERCIAL BREAK)
COSTELLO: Still to come, the leg room wars. Why two airlines are bickering over the space you have in flight.
DAYBREAK will be back in a minute.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It is 6:12 Eastern.
Here's what's all new this morning.
Terri Schiavo's parents are hoping for relief from the U.S. Supreme Court. Justice Anthony Kennedy will decide if the entire court will get involved in the parents' latest effort to have their daughter's feeding tube reinserted.
Protesters have forced their way into the main government building, called the White House, in the capital of Kyrgyzstan. Police withdrew from the building during a street battle between supporters and opponents of Kyrgyzstan's president.
In money news, Target's Club Wed is the number one choice for brides and grooms. That's according to a survey by a retail research company. The survey also found the average wedding guest spends $129 on items such as bed linens and bath towels. Those are the most popular items to give to the bride and groom.
In culture, Whitney Houston is returning to rehab. It was a year ago this month the singer checked into a rehabilitation center and now her publicist says she's making a return trip. Houston had been working on a comeback album.
In sports, NASCAR has reversed course and decided to lift the two race suspensions for Jimmy Johnson's crew chief. Instead, the team's failed post-race inspection will cost Chad Knaus 90 days probation. Johnson is the current points leader of the Nextel Cup Series.
To the Forecast Center and Rob Marciano.
(WEATHER REPORT)
COSTELLO: That's a look at the latest headlines for you this morning.
For years, American Airlines has boasted more leg room. But now the airline is adding more seats to all of its planes. That's the target of a new advertising campaign by archrival United Airlines. Here's United's pitch: "Fly American and you could kick yourself, literally." Look at that picture. That's how you feel in a plane sometimes, isn't it? With business travelers, vacationers and spring breakers in the market for those seats, there's a lot at stake.
"USA Today's" airline industry reporter Ben Mutzabaugh joins us live from Washington.
Good morning. BEN MUTZABAUGH, "USA TODAY": Good morning, Carol.
COSTELLO: This seems to be a not so such smart move, let's see, a not so smart move, I meant to say.
MUTZABAUGH: Well, you know, American -- they've had, like every other airline, they've had problems making money. And they decided that their more leg room throughout coach wasn't really enough of an advantage over rivals to get them to fly on American instead of United, Northwest, whoever. So they decided to put these seats back into their airplanes.
But United has what they call economy plus. It takes up generally the first 30 to 40 percent of their coach class. And now these seats are open to Premier Frequent Flier members or full fare paying customers. They get the first crack at it. And they figure, you know, we have these seats, we might as well take a shot at American, since we can.
COSTELLO: Well, good, because American is really doing this because they can fit more seats and more passengers and fly fewer planes, isn't that right?
MUTZABAUGH: That is true. Now, what American is countering, however, is that United's campaign is sort of disingenuous, they say, because well, if you paid $110 for your ticket or $150 for your ticket, your chances of getting one of these extra roomy seats on United is slim, and that is true. But if you're a regular flier of United, your chances of getting these seats probably isn't too bad.
COSTELLO: You know, it just seems like they're defeating themselves, because you fly the smaller airlines, they have really nice seats, newer planes. You can listen to satellite radio. On some of those flights you can watch television. They're really thinking of the consumer, the customer. And it seems like airlines, the big airlines, are not thinking so much of comfort. They just want to pack us in like sardines so they can make more money.
MUTZABAUGH: Well, they are -- that is -- that does seem to be true and I agree with you 100 percent. They are losing lots of money and they're trying to figure out ways to fix that. Of course, if you make the consumers happy, they're probably going to fly you more often. And at least one airline, Midwest Airlines, which used to be known as Midwest Express, they were quick to follow up this American and United dispute with a press release of their own reminding you that they have all leather seats in most -- in their main line flights and that there's no middle seats.
So some of the smaller airlines are trying to take advantage of the situation.
COSTELLO: Oh, and I say good for them, as a person who flies a lot.
Ben Mutzabaugh, thank you very much.
You can read Ben's daily online column, "Today In the Sky," on the "USA Today" Web site. Just go to usatoday.com/travel.
The ABCs of car makers -- one company says it only handles Qs, which ticks off another company. That straight ahead in our "Business Buzz" when DAYBREAK continues.
(COMMERCIAL BREAK)
COSTELLO: Time now for a little "Business Buzz."
It's not very often that we use the letter Q. But a couple of automakers are fighting over who can use that letter.
Carrie Lee is here to explain it all.
The letter Q, I've been trying to figure this out the whole show.
CARRIE LEE, CNN CORRESPONDENT: Who knew this was going to be so popular, right? Well, you know, Nissan has used Q for quite some time and now Audi wants to use the letter Q in a new line of its SUVs. And that is why Nissan of North America is suing Audi, because of this. They're blocking this because of its line of Infinities. They already use the letter Q.
Now, Infinity currently has the Q45 model. They also have trademarked Q56, Q4 and the new Q.
COSTELLO: Oh.
LEE: So you can see how they want to keep the reigns on this.
Audi usually uses the letter A in its model, but now it's proposing the names Q7, as well as Q5, for a new line of SUVs it plans to bring to market next year. So we'll see how this all plays out. But Q apparently a pretty hot commodity in the auto sector.
COSTELLO: I guess so. I guess so. I never thought about that, but I will now.
LEE: That's right. That's right.
COSTELLO: A quick look at the futures.
LEE: The futures looking a bit better for today's session, looking yup a bit. We did see a mixed session yesterday. We did see sharply lower oil prices, which were offset by inflation mergers -- inflation worries, rather. Today is the day that the Kmart-Sears merger comes together, that $11 billion deal. The new company will be called Sears Holdings and the ticker symbol will be SHLD. So big news for retailers.
COSTELLO: So it won't be called Kears or Smart?
LEE: No, they're keeping it pretty simple for us.
COSTELLO: OK, thank you, Carrie.
LEE: OK.
COSTELLO: Just ahead on this hour of DAYBREAK, we'll talk to a doctor who helps patients like Terri Schiavo face the end of their lives and we'll ask him about what Terri Schiavo's father is alleging now, that she mouthed the words "I want to live" just last weekend.
That's when DAYBREAK continues.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: When I close my eyes at night, all I can see is Terri's face in front of me dying, starving to death.
(END VIDEO CLIP)
COSTELLO: Your heart just goes out to them. Terri Schiavo and her family have been facing the possibility that her life would end for more than a decade. Still, with all that time to prepare, getting closer to the end of life really never gets any easier.
Dr. Nathan Goldstein is assistant professor of geriatrics at the Mt. Sinai School of Medicine here in New York City.
Dr. Goldstein, you deal with people facing the end of their lives on a daily basis. You know, we get a lot of e-mails from our viewers saying that this isn't about Terri Schiavo anymore. They think it's more about the parents.
Are they being fair?
DR. NATHAN GOLDSTEIN, MT. SINAI SCHOOL OF MEDICINE: Well, I think one of the things that we often talk to patients and their families about is that these decisions are really whatever it is that the patient would want in these situations. So when I'm dealing with patients and their families who may be near the end of life, what I try and explain to them is really it's not what I think is best for the patient, or even what the families thinks is best for the patient. But really what we try and do is figure out what would the patient's goals be. That is, what kinds of treatments would they want.
COSTELLO: Well, but in this case, the Schindlers say they really don't know what Terri Schiavo's -- what Terri Schiavo wanted to do if she ended up in this state. They say that because she's Catholic, she wouldn't want to. So for them, this is a fight.
GOLDSTEIN: Right. You know, I can't say anything. I've never actually met the parents. I've never met the patient in this case. But it does seem clear that the courts have decided along that there was clear and convincing evidence as to what her end of life wishes would be and that she would not want artificial hydration and nutrition.
COSTELLO: Well, let's talk about some of the medical evidence now.
A Dr. William Cheshire came out yesterday. Governor Jeb Bush, the governor of Florida, said that he found that Terri Schiavo really isn't in a persistent vegetative state.
What do you make of that?
GOLDSTEIN: Again, you know, I've never examined her and never met with these physicians. But it does seem clear that the other physicians who have examined her do feel that she is in a persistent vegetative state.
COSTELLO: Well, the important point here is this doctor never really examined her physically.
GOLDSTEIN: Right.
COSTELLO: He just observed like videotapes of her and that's about it.
So it's pretty difficult to really tell, isn't it, when you haven't really examined the patient physically?
GOLDSTEIN: Right. Unless one can really be in the room with the patient and interact with them and physically examine them, it would be very difficult to determine what state a patient was in by just...
COSTELLO: And I think many people forget, it's not just one doctor who said she's in a persistent vegetative state, it's been many, many doctors.
GOLDSTEIN: Right. That's my understanding.
COSTELLO: And I wanted to ask you one last thing, because in the lawsuit filed with the U.S. Supreme Court, Terri Schiavo's father claims that she mouthed the words "I want to live."
Do you think that's possible?
GOLDSTEIN: For patients -- with my experience, patients in persistent vegetative states may have random movements and may have random eye movements, but they are not actually able to speak and communicate. That's sort of the definition of a persistent vegetative state is that patients may have random movements, but they can't actually communicate and interact with others.
COSTELLO: And they can't mouth words or really understand what people are saying to them?
GOLDSTEIN: That's correct. The parts of the brain that make us -- that enable us to communicate with people and make us interact with them are no longer functioning in patients who are in persistent vegetative states.
COSTELLO: Are you operating at a certain age level when you're in a persistent vegetative state? GOLDSTEIN: No. It's not about age, it's about which levels of the brain are functioning.
COSTELLO: Got you.
Dr. Goldstein, thank you so much for joining DAYBREAK this morning.
GOLDSTEIN: Thank you.
COSTELLO: Coming up next, we'll take you to Florida, where people have been keeping vigils through the night outside Terri Schiavo's hospice.
And the intense search for survivors after a huge explosion at an oil refinery. Desperate moves seen from above.
(COMMERCIAL BREAK)
COSTELLO: Good morning to you.
From the Time Warner Center in New York, I'm Carol Costello.
Thank you for joining us this morning.
Now in the news, a circuit court judge in Florida says he'll rule by noon on an appeal to reinsert Terri Schiavo's feeding tube, and the U.S. Supreme Court is expected to decide today if it will hear a similar appeal from Terri Schiavo's parents.
The State Department is warning Americans against travel in the Philippines, saying terror groups are planning multiple attacks. Security forces in Manila have seized explosives they say were to be used in Easter weekend bombings.
A memorial service is planned Saturday for Jessica Lunsford, the 9-year-old Florida girl abducted from her home. A convicted sex offender is under arrest and he has been denied bond.
A plane that crashed in New Jersey last month may have been too nose heavy to take off. Federal officials are focusing their investigation on mechanical causes for the crash at Teterboro Airport. Twenty people were hurt in the February 2 crash.
To the Forecast Center now.
Rob Marciano in for Chad Myers -- good morning.
MARCIANO: Hi, Carol.
You ever go on one of those small commuter planes and they say we need to move people around to even out the weight? And you're always thinking that's a little bit scary. And I guess that's what can happen.
COSTELLO: You've got that right. (WEATHER REPORT)
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 24, 2005 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: One family's heartbreak. But so many around the world are feeling the pain, too. Why has the Schiavo case become such an emotional issue for so many?
It's one little letter that's part of a big legal fight in the auto world. We'll spell it out for you.
And all of you frequent fliers, listen up and stretch out, if you can. We've got details on a battle brewing in the skies.
It is Thursday, March 24.
You're watching DAYBREAK.
And good morning to you.
From the Time Warner Center in New York, I'm Carol Costello.
Thank you for joining us this morning.
Now in the news, prayer and protest in the life and death case of Terri Schiavo. Demonstrators who support the brain damaged woman gathered for an overnight vigil outside of the governor's mansion in Tallahassee, Florida. Schiavo's parents have asked the U.S. Supreme Court to order their daughter's feeding tube be reinserted. We'll get the latest details for you live straight ahead.
At least 14 people are believed dead after an explosion and fire at a B.P. oil refinery in Texas City, Texas. More than 100 people are injured. The refinery produces 3 percent of the U.S. petroleum supply. We'll take you live to Texas at the bottom of this hour.
Ashley Smith, the woman held hostage by the man suspected in the Atlanta courthouse shootings, is getting a reward for his capture. Smith will receive $62,500 for helping police nab Brian Nichols.
At St. Peter's Church in Rome, Holy Thursday mass. It marks the Last Supper of Jesus and his disciples. Pope John Paul II is not there. And he's also expected to miss tomorrow's Good Friday mass.
To the Forecast Center now.
Chad is still under the weather. I'm getting a little worried about him -- Rob.
ROB MARCIANO, CNN METEOROLOGIST: Yes, me, too. I thought it was just allergies, though, when I talked to him yesterday. So...
COSTELLO: You know what it is?
MARCIANO: What's that?
COSTELLO: It's exhaustion from the new baby.
MARCIANO: I think that it puts a little bit more strain on Chad. He used to be able to -- he never called in sick last year.
COSTELLO: I know.
MARCIANO: Never. Mr. Reliable, always here.
COSTELLO: You know what they say about children. They're little germ factories.
MARCIANO: But lovable ones, at that.
COSTELLO: Yes.
(WEATHER REPORT)
COSTELLO: Anguished parents count the minutes as they wait for word from the nation's highest court on their daughter's fate. Terri Schiavo's parents filed their appeal with the Supreme Court just before 11:00 p.m. Eastern last night. The petition went to Justice Anthony Kennedy, who handles emergency appeals in cases arising in the 11th Circuit. That includes Florida, where Terri Schiavo lives.
This is the sixth time the case has been presented to the Supreme Court. It's already been appealed three times this year alone. And every single time, the justices have declined to get involved.
But what about this time?
Let's head to our -- let's head live now to Washington and our Bill Mears, a producer for us.
He's following the case at the Supreme Court -- good morning.
BILL MEARS, CNN PRODUCER: Good morning, Carol.
The emergency appeal filed by the parents comes down to one simple request -- put Terri Schiavo's feeding tube back in now. Bob and Mary Schindler hope that that would allow them time to file further appeals.
The brief argues that their daughter's due process and religious freedom rights have been violated. It also makes an extraordinary claim, what's described as a miraculous event, that Terri last weekend allegedly mouthed the words "I want to live."
And the justices have had this appeal now for more than seven hours. And time grows short as Terri enters her sixth day without nutrition. A ruling is expected any time. Legal experts we've spoken with say it's unlikely the court will intervene now. They've passed up four previous chances from just the parents alone to get fully involved. What makes this different, though, is now that the justices are essentially considering the merits of an unprecedented Congressional law signed by the president last weekend that directs the federal courts to get involved quickly in the case, which all have declined to do so thus far.
COSTELLO: Bill, I want to ask you a question about this. Included in the suit filed with the U.S. Supreme Court, the parents are claiming that a miraculous event happened and Terri Schiavo mouthed the words "I want to live?"
MEARS: Yes. This was last weekend. Bob Schindler says he visited his daughter at the hospice in Pinellas Park and that he was talking to his daughter about the Congressional action that was coming up. And he asked for a sign from Terri that she understood what was going on. And he claims, and he told reporters this last weekend, that -- he claims that Terri tried to mouth the words "I want to live" and only got a few of the words out. But he said it was clear to him that she was awake, alert and knew what was going on around her.
COSTELLO: Interesting.
Bill Mears, one of our producers, live at the Supreme Court this morning.
Now for more on the legal workings of the Schiavo case, we're joined from Atlanta by former U.S. attorney and general counsel at Emory University, Kent Alexander.
Good morning, Kent.
KENT ALEXANDER, FORMER U.S. ATTORNEY: Good morning.
COSTELLO: If the Supreme Court refuses to hear this case, is this it?
ALEXANDER: This is it federally. When you go to the Supreme Court, you can go again and again, as we've seen here. But I think this is it for the Supreme Court. The only other avenue that I see is something happening in Florida, either with the legislature, which didn't seem to work yesterday, or Governor Bush stepping in and trying to do something.
COSTELLO: This thing about this miraculous event that Terri Schiavo's father is alleging, that Terri Schiavo mouthed words "I want to live," will that carry any weight with the justices?
ALEXANDER: Legally it won't carry any weight, but it could carry weight in terms of any personal reaction. In this case, however, the case has been to the justices so often and has gone to Judge Kennedy so often I am not sure there's enough different right now with the case for them to do anything differently than they've done in the past. COSTELLO: We were just seeing some demonstrations in Pinellas Park. We know that right to life groups are there and they're picketing and protesting every day. There are many arrests being made there.
Does this kind of demonstration have any weight with the U.S. Supreme Court? Do they look at such things as they consider a case?
ALEXANDER: I don't think they really will. The Supreme Court handles these cutting edge, high profile cases day in and day out during their term. So the fact that things go on outside the Justice Department -- not the Justice Department, the Supreme Court building, don't usually have a lot of impact. The only thing here that is a little different is that Terri -- the Terri Schiavo case has been so widely publicized in the news, it would be difficult for the justices not to see coverage of it. But they really go by the law and not the reaction of the public.
COSTELLO: A final question, because we were all wondering this morning how much this is costing the Schindlers and Michael Schiavo.
Do you have any guesses?
ALEXANDER: Oh, at this point we're talking certainly over $100,000 in legal fees, at least in time. I don't know what people are actually charging. I don't know what people are paying. But this is an expensive venture that we've seen unfolding in the news.
COSTELLO: Certainly so.
Former U.S. attorney Kent Alexander joining DAYBREAK this morning.
ALEXANDER: Thank you.
COSTELLO: Thank you.
Still to come, you know the feeling of flying in coach? No place to put your head but another passenger's shoulder. You're really cramped. Well, coming up, we'll tell you about the ammo being used in the leg room wars.
And the letter Q -- no, this is not a Sesame Street lesson, but some alphabet anger between two car companies.
And they weren't even born when Terri Schiavo first entered a hospital, so why are they in handcuffs outside of her hospice?
But first, here's a look at what else is making news this Thursday morning.
(COMMERCIAL BREAK)
COSTELLO: Still to come, the leg room wars. Why two airlines are bickering over the space you have in flight.
DAYBREAK will be back in a minute.
(COMMERCIAL BREAK)
(STOCK MARKET REPORT)
COSTELLO: Your news, money, weather and sports.
It is 6:12 Eastern.
Here's what's all new this morning.
Terri Schiavo's parents are hoping for relief from the U.S. Supreme Court. Justice Anthony Kennedy will decide if the entire court will get involved in the parents' latest effort to have their daughter's feeding tube reinserted.
Protesters have forced their way into the main government building, called the White House, in the capital of Kyrgyzstan. Police withdrew from the building during a street battle between supporters and opponents of Kyrgyzstan's president.
In money news, Target's Club Wed is the number one choice for brides and grooms. That's according to a survey by a retail research company. The survey also found the average wedding guest spends $129 on items such as bed linens and bath towels. Those are the most popular items to give to the bride and groom.
In culture, Whitney Houston is returning to rehab. It was a year ago this month the singer checked into a rehabilitation center and now her publicist says she's making a return trip. Houston had been working on a comeback album.
In sports, NASCAR has reversed course and decided to lift the two race suspensions for Jimmy Johnson's crew chief. Instead, the team's failed post-race inspection will cost Chad Knaus 90 days probation. Johnson is the current points leader of the Nextel Cup Series.
To the Forecast Center and Rob Marciano.
(WEATHER REPORT)
COSTELLO: That's a look at the latest headlines for you this morning.
For years, American Airlines has boasted more leg room. But now the airline is adding more seats to all of its planes. That's the target of a new advertising campaign by archrival United Airlines. Here's United's pitch: "Fly American and you could kick yourself, literally." Look at that picture. That's how you feel in a plane sometimes, isn't it? With business travelers, vacationers and spring breakers in the market for those seats, there's a lot at stake.
"USA Today's" airline industry reporter Ben Mutzabaugh joins us live from Washington.
Good morning. BEN MUTZABAUGH, "USA TODAY": Good morning, Carol.
COSTELLO: This seems to be a not so such smart move, let's see, a not so smart move, I meant to say.
MUTZABAUGH: Well, you know, American -- they've had, like every other airline, they've had problems making money. And they decided that their more leg room throughout coach wasn't really enough of an advantage over rivals to get them to fly on American instead of United, Northwest, whoever. So they decided to put these seats back into their airplanes.
But United has what they call economy plus. It takes up generally the first 30 to 40 percent of their coach class. And now these seats are open to Premier Frequent Flier members or full fare paying customers. They get the first crack at it. And they figure, you know, we have these seats, we might as well take a shot at American, since we can.
COSTELLO: Well, good, because American is really doing this because they can fit more seats and more passengers and fly fewer planes, isn't that right?
MUTZABAUGH: That is true. Now, what American is countering, however, is that United's campaign is sort of disingenuous, they say, because well, if you paid $110 for your ticket or $150 for your ticket, your chances of getting one of these extra roomy seats on United is slim, and that is true. But if you're a regular flier of United, your chances of getting these seats probably isn't too bad.
COSTELLO: You know, it just seems like they're defeating themselves, because you fly the smaller airlines, they have really nice seats, newer planes. You can listen to satellite radio. On some of those flights you can watch television. They're really thinking of the consumer, the customer. And it seems like airlines, the big airlines, are not thinking so much of comfort. They just want to pack us in like sardines so they can make more money.
MUTZABAUGH: Well, they are -- that is -- that does seem to be true and I agree with you 100 percent. They are losing lots of money and they're trying to figure out ways to fix that. Of course, if you make the consumers happy, they're probably going to fly you more often. And at least one airline, Midwest Airlines, which used to be known as Midwest Express, they were quick to follow up this American and United dispute with a press release of their own reminding you that they have all leather seats in most -- in their main line flights and that there's no middle seats.
So some of the smaller airlines are trying to take advantage of the situation.
COSTELLO: Oh, and I say good for them, as a person who flies a lot.
Ben Mutzabaugh, thank you very much.
You can read Ben's daily online column, "Today In the Sky," on the "USA Today" Web site. Just go to usatoday.com/travel.
The ABCs of car makers -- one company says it only handles Qs, which ticks off another company. That straight ahead in our "Business Buzz" when DAYBREAK continues.
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COSTELLO: Time now for a little "Business Buzz."
It's not very often that we use the letter Q. But a couple of automakers are fighting over who can use that letter.
Carrie Lee is here to explain it all.
The letter Q, I've been trying to figure this out the whole show.
CARRIE LEE, CNN CORRESPONDENT: Who knew this was going to be so popular, right? Well, you know, Nissan has used Q for quite some time and now Audi wants to use the letter Q in a new line of its SUVs. And that is why Nissan of North America is suing Audi, because of this. They're blocking this because of its line of Infinities. They already use the letter Q.
Now, Infinity currently has the Q45 model. They also have trademarked Q56, Q4 and the new Q.
COSTELLO: Oh.
LEE: So you can see how they want to keep the reigns on this.
Audi usually uses the letter A in its model, but now it's proposing the names Q7, as well as Q5, for a new line of SUVs it plans to bring to market next year. So we'll see how this all plays out. But Q apparently a pretty hot commodity in the auto sector.
COSTELLO: I guess so. I guess so. I never thought about that, but I will now.
LEE: That's right. That's right.
COSTELLO: A quick look at the futures.
LEE: The futures looking a bit better for today's session, looking yup a bit. We did see a mixed session yesterday. We did see sharply lower oil prices, which were offset by inflation mergers -- inflation worries, rather. Today is the day that the Kmart-Sears merger comes together, that $11 billion deal. The new company will be called Sears Holdings and the ticker symbol will be SHLD. So big news for retailers.
COSTELLO: So it won't be called Kears or Smart?
LEE: No, they're keeping it pretty simple for us.
COSTELLO: OK, thank you, Carrie.
LEE: OK.
COSTELLO: Just ahead on this hour of DAYBREAK, we'll talk to a doctor who helps patients like Terri Schiavo face the end of their lives and we'll ask him about what Terri Schiavo's father is alleging now, that she mouthed the words "I want to live" just last weekend.
That's when DAYBREAK continues.
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MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: When I close my eyes at night, all I can see is Terri's face in front of me dying, starving to death.
(END VIDEO CLIP)
COSTELLO: Your heart just goes out to them. Terri Schiavo and her family have been facing the possibility that her life would end for more than a decade. Still, with all that time to prepare, getting closer to the end of life really never gets any easier.
Dr. Nathan Goldstein is assistant professor of geriatrics at the Mt. Sinai School of Medicine here in New York City.
Dr. Goldstein, you deal with people facing the end of their lives on a daily basis. You know, we get a lot of e-mails from our viewers saying that this isn't about Terri Schiavo anymore. They think it's more about the parents.
Are they being fair?
DR. NATHAN GOLDSTEIN, MT. SINAI SCHOOL OF MEDICINE: Well, I think one of the things that we often talk to patients and their families about is that these decisions are really whatever it is that the patient would want in these situations. So when I'm dealing with patients and their families who may be near the end of life, what I try and explain to them is really it's not what I think is best for the patient, or even what the families thinks is best for the patient. But really what we try and do is figure out what would the patient's goals be. That is, what kinds of treatments would they want.
COSTELLO: Well, but in this case, the Schindlers say they really don't know what Terri Schiavo's -- what Terri Schiavo wanted to do if she ended up in this state. They say that because she's Catholic, she wouldn't want to. So for them, this is a fight.
GOLDSTEIN: Right. You know, I can't say anything. I've never actually met the parents. I've never met the patient in this case. But it does seem clear that the courts have decided along that there was clear and convincing evidence as to what her end of life wishes would be and that she would not want artificial hydration and nutrition.
COSTELLO: Well, let's talk about some of the medical evidence now.
A Dr. William Cheshire came out yesterday. Governor Jeb Bush, the governor of Florida, said that he found that Terri Schiavo really isn't in a persistent vegetative state.
What do you make of that?
GOLDSTEIN: Again, you know, I've never examined her and never met with these physicians. But it does seem clear that the other physicians who have examined her do feel that she is in a persistent vegetative state.
COSTELLO: Well, the important point here is this doctor never really examined her physically.
GOLDSTEIN: Right.
COSTELLO: He just observed like videotapes of her and that's about it.
So it's pretty difficult to really tell, isn't it, when you haven't really examined the patient physically?
GOLDSTEIN: Right. Unless one can really be in the room with the patient and interact with them and physically examine them, it would be very difficult to determine what state a patient was in by just...
COSTELLO: And I think many people forget, it's not just one doctor who said she's in a persistent vegetative state, it's been many, many doctors.
GOLDSTEIN: Right. That's my understanding.
COSTELLO: And I wanted to ask you one last thing, because in the lawsuit filed with the U.S. Supreme Court, Terri Schiavo's father claims that she mouthed the words "I want to live."
Do you think that's possible?
GOLDSTEIN: For patients -- with my experience, patients in persistent vegetative states may have random movements and may have random eye movements, but they are not actually able to speak and communicate. That's sort of the definition of a persistent vegetative state is that patients may have random movements, but they can't actually communicate and interact with others.
COSTELLO: And they can't mouth words or really understand what people are saying to them?
GOLDSTEIN: That's correct. The parts of the brain that make us -- that enable us to communicate with people and make us interact with them are no longer functioning in patients who are in persistent vegetative states.
COSTELLO: Are you operating at a certain age level when you're in a persistent vegetative state? GOLDSTEIN: No. It's not about age, it's about which levels of the brain are functioning.
COSTELLO: Got you.
Dr. Goldstein, thank you so much for joining DAYBREAK this morning.
GOLDSTEIN: Thank you.
COSTELLO: Coming up next, we'll take you to Florida, where people have been keeping vigils through the night outside Terri Schiavo's hospice.
And the intense search for survivors after a huge explosion at an oil refinery. Desperate moves seen from above.
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COSTELLO: Good morning to you.
From the Time Warner Center in New York, I'm Carol Costello.
Thank you for joining us this morning.
Now in the news, a circuit court judge in Florida says he'll rule by noon on an appeal to reinsert Terri Schiavo's feeding tube, and the U.S. Supreme Court is expected to decide today if it will hear a similar appeal from Terri Schiavo's parents.
The State Department is warning Americans against travel in the Philippines, saying terror groups are planning multiple attacks. Security forces in Manila have seized explosives they say were to be used in Easter weekend bombings.
A memorial service is planned Saturday for Jessica Lunsford, the 9-year-old Florida girl abducted from her home. A convicted sex offender is under arrest and he has been denied bond.
A plane that crashed in New Jersey last month may have been too nose heavy to take off. Federal officials are focusing their investigation on mechanical causes for the crash at Teterboro Airport. Twenty people were hurt in the February 2 crash.
To the Forecast Center now.
Rob Marciano in for Chad Myers -- good morning.
MARCIANO: Hi, Carol.
You ever go on one of those small commuter planes and they say we need to move people around to even out the weight? And you're always thinking that's a little bit scary. And I guess that's what can happen.
COSTELLO: You've got that right. (WEATHER REPORT)
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