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American Morning
Judge Rules on Schiavo; Against All Odds; The Pope's Health
Aired March 25, 2005 - 09:01 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.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: But on this Good Friday day, as one Catholic father to another, he's begging the governor to save his daughter.
(END VIDEO CLIP)
BILL HEMMER, CNN ANCHOR: The spiritual adviser to Terri Schiavo's parents. An urgent appeal reacting to the news this morning. A federal judge denying the latest request to give food and water to Terri Schiavo. The latest on this story on this 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 back, everybody.
We've got much more on the Terri Schiavo case, after another major development just a little more than an hour ago. A federal judge rejecting the request to return her feeding tube. We're going to bring you the very latest from Florida. Also talk about whether this is the final legal move with Court TV's Lisa Bloom.
HEMMER: Also, another perspective on a medical crisis today. A man who was diagnosed in a vegetative state years ago, he was incapacitated. But now he can shake hands, eats on his own and even laughs at jokes. His story coming up this hour.
O'BRIEN: Mr. Cafferty talking about this as well in the "Question of the Day."
JACK CAFFERTY, CNN ANCHOR: Yes. The latest CNN-"USA Today"- Gallup poll showing a dramatic decline in President Bush's popularity in just the last week. A drop of some seven points. Some suggest it might be tied to the fact that the White House and Congress jumped into the Schiavo case.
What do you think, was that a mistake for them to do that? AM@CNN.com -- 1,200 letters in the first couple of hours of the program. So there's still a lot of interest in this subject apparently.
O'BRIEN: This case is so interesting on so many angles. I mean, just a source of fierce debate, I think, as Jeff Greenfield said, everywhere, everywhere. Thanks, Jack. CAFFERTY: Sure.
O'BRIEN: Well, Terri Schiavo's parents' latest request to have her feeding tube restored has been denied, as we said. Bob Franken is in Pinellas Park, in Florida.
Bob, good morning to you. What's the reaction to where you are at the hospice?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: The somber resignation. The people here have been here, some of them, throughout the week with a quiet vigil. The vigil is going to intensify in meaning for so many of them.
They're highly religious. And, of course, this is Good Friday, the darkest day on the Christian calendar and a day that is just fraught with metaphorical meaning in connection with this Terri Schiavo case. So one could expect that there might be more acting out of the feelings here.
And, of course, the latest disappointment for them comes in the ruling by the federal judge after last night's hearing that there is no mechanism, there is no reason why he should put in an emergency order which would reconnect the feeding tube to Terri Schiavo. That is just the latest in the string of defeats, leaving these people who are highly committed, people of religion, to believe that perhaps their only chance might be through prayer -- Soledad.
O'BRIEN: Bob Franken in Pinellas Park, in Florida for us this morning. Bob, thank you for that update.
Let's get back to Bill.
HEMMER: All right, Soledad.
Back to the legal options now in the Schiavo case. Court TV anchor Lisa Bloom back with us again today as she was yesterday.
Good morning to you.
LISA BLOOM, COURT TV: Good morning.
HEMMER: What do you make of the ruling, the second time Judge Whittemore has said no to Schiavo's parents?.
BLOOM: This is just another brick in the legal wall that is being constructed. Now, you know, courts love two things, precedent and deference.
There is now a substantial body of precedent in this decision and the appellate decisions which the courts are going to continue to follow. I don't think there's really any legal hope left for the parents.
HEMMER: You know, we talk about the evidence in this case. And Terri Schiavo's parents have argued, we've got evidence we can present you, why won't you allow that in your court? They've been denied on that. Do you agree with that ruling?
BLOOM: I think it is the appropriate ruling legally. I think it's also a heartbreak. But, Bill, there has already been an evidentiary hearing, and that's the second component, deference.
Courts like to defer to a judge who has already heard all of the evidence and all of the testimony. That was done by Judge Greer in the Florida state court. When you have a combination of precedent, the appellate court ruling, and deference to a trial court that's already heard all the evidence, it's an insurmountable wall really now, I think, for the parents.
HEMMER: The ruling came out about an hour and 20 minutes ago on the clock, as we watch it here, 9:05 in New York. You've seen the ruling.
BLOOM: Yes, I have.
HEMMER: What struck you?
BLOOM: I have read it. You know what struck me is that, while outside the courtroom there may be a circus going on in the courtroom, inside the courtroom there's a lot of civility. And the judge, the federal judge, went out of his way to say this at the end of his ruling...
"The court would be remiss if it did not once again convey its appreciation for the difficulties and the heartbreak the parties have endured throughout this lengthy process. The civility with which this delicate matter has been presented by counsel is a credit to their professionalism and dedication to their respective clients and Terri."
You know, this is a difficult legal proceeding for all involved. And I think the judges are doing the very best that they can. I think the time has come for the parents to end the legal process because they're not going to get anywhere.
HEMMER: That is a very tender statement. Do you hear that often?
BLOOM: No, it's very unusual. Usually the judges just rule on the law and the facts. You don't hear that kind of heartfelt emotion.
HEMMER: We heard from Alan Dershowitz about an hour ago. He said, "This is checkmate."
BLOOM: Yes.
HEMMER: You agree with that also?
BLOOM: I do. And I usually do disagree with Alan Dershowitz. But on that I agree. There's just so many rulings now, as I said. It's really a brick wall. I don't see any hope left.
HEMMER: And as the viewers follow this story, the reason you say that is because you can appeal this ruling, but it goes back to the same court in Atlanta that ruled against Terri Schiavo's parents 10-2 earlier in the week.
BLOOM: That's right. And there's a couple of different components here.
Sure, it is very likely that she is going to die if she doesn't get the feeding tube reinserted. And that's why there is emergency relief, that's why the courts are listening to it.
But the parents also have to show substantial likelihood of success on the merits. They've argued every constitutional argument, every statutory argument. The courts have rejected them.
There is a body of law before this case upholding the right to die. And I don't see any other way around that at this point.
HEMMER: Also, the judge in this case talked about emotional rhetoric. What was he referring when he talked about that?
BLOOM: Well, he may have been talking about what's going on outside the courtroom and the media, the protesters. It's an emotional case. This is a case that everyone is talking about in the water coolers around America.
But inside the courtroom, the body of law is firm. And I don't see any hope left.
HEMMER: It is not often when we come across cases like these where you can actually insert yourself into the position of Terri Schiavo, into the position of her parents, into the position of Michael Schiavo, the husband who has been without his wife now for 15 years.
BLOOM: Yes. One of the most compelling things I heard was the parents saying, "We're watching our daughter slowly become dehydrated and starve to death. And we are legally barred from giving her a glass of water."
And I think that's the kind of thing that all parents can relate to. We can have our hearts broken over that.
But on the other side is the right to die, which Americans have fought for, for many years. Relatively new legal precedent. It was only 1990 that the U.S. Supreme Court upheld the right to die. Those are the two values that are really in conflict now.
HEMMER: Lisa Bloom from Court TV. Thanks, Lisa.
BLOOM: Thank you.
HEMMER: Back to the headlines, back to Carol Costello. More across the room -- Carol.
CAROL COSTELLO, CNN ANCHOR: All right. Thank you, Bill. Good morning to all of you.
"Now in the News," the political situation remains unclear in Kyrgyzstan, the former Soviet Republic in central Asia. Authorities report massive overnight looting, shops cleared of merchandise, cars and storefronts burned.
It comes one day after massive demonstrations killed at least four people and forced the president to flee. But a news agency there now reporting the president claims he's on the outskirts of the country and he has not resigned. We'll continue to monitor developments here.
Tense situation in Iraq this morning. A firsthand look at a car bombing from the battle lines in Iraq. Take a look.
A CNN crew embedded with the Marines captured these amazing pictures. This is photographer David Albrighton (ph). He was thrown back when this blast went off.
His wife was working with him as a correspondent, Alex Quaid (ph). She picked up his camera and continued to shoot. You see the Marines scrambling there. They're scrambling to pull ammunition from a burning Humvee that could blow and cause more injuries.
Oh, just amazing. And the most amazing part about this, no one was seriously hurt.
A U.S. Army paratrooper opposed to the war in Iraq says he will appeal a ruling keeping him from staying across the border. Twenty- six-year-old Jeremy Hinzman fled to Canada to avoid serving in Iraq and has been living in Toronto. Canadian officials have denied him political asylum, but Hinzman says he will appeal. The court action, though, could drag on for years.
And more March Madness. Four teams advancing last night in the NCAA men's basketball tournament. Arizona beat Oklahoma State in dramatic fashion. Oh! This game-winning shot in the final seconds. Final score, 79-78.
Also advancing to the tournament's elite eight, Illinois, Louisville and West Virginia pull it out against Texas Tech.
(WEATHER REPORT)
O'BRIEN: Coming up this morning, the man who was diagnosed to be in a vegetative state. He came back, though, eating and laughing, a part of his family again. We've got his story ahead.
HEMMER: Also, will the ailing pope attend any of this weekend's Easter ceremonies? We'll check in on Rome on that.
O'BRIEN: And from Kanye West to the Reverend Run of Run-DMC, hip-hop's finding new faith in Christian music. Our special series, "Faith in America," is ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: As we've been reporting this morning, the latest request to restore Terri Schiavo's feeding tube has been denied by a judge in Florida. But this Schiavo case touches nerves in many families caught between holding on to hope or giving in to overwhelming medical odds. The story this morning -- rather, Mary Snow has the story of one family's choice.
(BEGIN VIDEOTAPE)
MARY SNOW, CNN CORRESPONDENT (voice-over): It was spring of 1996. Eighteen-year-old Tommy Joannou playfully posed for a photo with his mother and brothers. Days later, he had a tragic accident that to this day has left him severely brain damaged.
ROSALIE JOANNOU, TOMMY'S MOTHER: The hard part is a lot of people say, "Oh, I wouldn't want to live in that condition." And who would? Nobody would? But when push comes to shove, I've heard of so many people that, you know, don't want to die when push comes to shove.
SNOW: Push came to shove for Rosalie Joannou, she says, when she was told her son was in a persistent vegetative state with little hope of surviving. The accident happened when the then-teenager was on a hood of a car. It started moving and he was thrown to the ground.
Joannou underwent several brain surgeries and did not show improvement. His family took him home and kept fighting.
JOANNOU: One hundred percent, they told us, he would never eat food. And he does. One hundred percent, they told us, he would never breathe on his own. And he does.
So I don't think doctors are liars. I think that they just don't know enough about the brain.
SNOW: And the case of Terri Schiavo has hit home in Bethpage, New York. Years ago, Joannou, like Schiavo, had his feeding tube removed.
JOANNOU: Anything he does, when he learned to pull himself up on handles on the wall, we were so excited. Anything he does.
The first time he laughed we were so excited. The first time he cried we were so excited. When he started to eat. These are all huge milestones.
SNOW: These days he can shake hands, laugh at jokes, respond to relatives around him. But he cannot speak.
The Joannou family credits intensive therapy, 70 volunteers a week, and their faith for Tommy Joannou's progress. His mother hopes his legacy will be one of hope. But it also comes with a great deal of pain.
JOANNOU: When I go to bed every night, I dream about him every single night that he's going to get better.
SNOW: Mary Snow, CNN, Bethpage, New York. (END VIDEOTAPE)
HEMMER: Terri Schiavo's feeding tube was pulled last Friday afternoon. Doctors have estimated that she could die after seven to 14 days without water or nourishment.
Late word from The Associated Press now out of Florida. Terri Schiavo's parents have appealed the judge's ruling rejecting the reinsertion of the feeding tube. If that is the case, that appeal will go back to the 11th Circuit Court of Appeals in Atlanta, the same court that rejected the appeal two days ago on a 10-2 ruling.
We'll follow more out of Florida. That's what the AP is saying at this hour -- Soledad.
O'BRIEN: Over at the Vatican, Pope John Paul II's health is keeping him from participating in Good Friday ceremonies today. The pope, last seen in public Wednesday, waving from the window of his Vatican apartment. But he will not take part in today's ceremony recalling the passion of the Christ. That event gets underway in less than two hours from now.
CNN Vatican analyst John Allen is in Rome with more this morning.
Officially, the Vatican has not been very forthcoming with information about the pope's health, right?
JOHN ALLEN, CNN VATICAN ANALYST: Yes, that's right, Soledad. Since John Paul returned from Rome's Gemelli hospital to the Vatican on March 13, there actually has not been a single medical bulletin with official information about the pope's recovery. So what we're left with are these three fleeting public appearances in which you described them quite accurately.
He was in the public for a very short period of time and did not look especially well. And then background comments from Vatican officials telling us that clearly the pope's recovery is not coming along as quickly or as effortlessly as they had hoped, but they emphasize that they don't believe there's basis for alarm. They do expect him to pull through.
O'BRIEN: And yet, while he is not physically taking part in the Easter week ceremonies, there are some things that he could do. What are they hoping that they'll be able to do with the pope?
ALLEN: Well, you know, Soledad, what we're sort of inching into here is a kind of virtual papacy in which John Paul doesn't appear physically very much, but when he does want to be present to an audience he can do that through some kind of electronic means. And the most obvious of which is a TV hook-up from his apartment beamed to wherever the event is taking place. And we may well see that here tonight.
Tonight, Good Friday, the day in which Christians recall those steps of Christ on his way to Mount Calvary and his death on the cross, is marked by the Via Crucis and the Way of the Cross ceremony in the Coliseum. It's entirely possible that images of the pope may be beamed there so he can at least wave to the crowd and maybe give some kind of blessing here in Rome, as you say, in a couple of hours.
O'BRIEN: And as you talk about that, I think it's interesting, because that in and of itself, the sort of virtual pope, opens a door to questions about at what point could the pope be incapacitated enough and still play a role virtually with his followers? Is there any kind of precedent in this?
ALLEN: Well, I mean, Soledad, you know, there are plenty of incidents in church history where popes have been incapacitated maybe because of illness or in the case in the early 19th century a pope was actually taken prisoner by Napoleon and carted off from Rome for a period of time. So there are precedents. But the problem is that it's a different sort of situation today.
I mean, we live in an age of 24-hour-a-day, 7-day-a-week cable television and the Internet and so forth and so on, which means that people's expectations about how visible the pope is going to be, how available he's going to be, are quite different. I think this is new uncharted territory for the Vatican. And they're kind of groping their way forward to understand how they can make the pope as available as possible to his followers while at the same time, obviously, protecting his health, which these days is quite fragile.
O'BRIEN: Do you think in any way all this discussion about his health sort of takes away from the most religious holiday in the Catholic Church, which is Easter?
ALLEN: Well, from a certain point of view, I suppose it does. I mean, you know, clearly the story in Rome these days and what you and I are talking about now really is not the Easter story. It is the story of John Paul's health.
On the other hand, you know, you can also make the argument that today is Good Friday. It is all about recalling the suffering of Christ. And clearly, the pope today is experiencing sort of his own passion. That is, I mean, he himself is suffering and, in that sense, offering a lesson to the world about what the human condition is about and how to bear suffering with dignity. And perhaps there's no better time of the year for that than right now.
O'BRIEN: Yes, I think many people are saying that. John Allen joining us from Rome this morning. John, thank you for that update -- Bill.
HEMMER: In a moment here, how the Terri Schiavo case now is playing out in Washington as a result of the latest news we're getting in Florida.
And what's the buzz in baseball? This pitcher chased from the mound. The game was canceled. We'll explain why in a minute.
(COMMERCIAL BREAK)
HEMMER: The latest on the Terri Schiavo case now. The AP reporting that Terri Schiavo's parents have appealed the latest ruling against them.
A federal court just about two hours ago refusing their request to have the feeding tube restored. This would be the second time this week that they appealed this court's ruling. The last appeal that went up to Atlanta in the 11th Circuit was denied. More when we get it -- Soledad.
O'BRIEN: And more with Jack Cafferty because this is the "Question of the Day" as well.
Good morning.
CAFFERTY: How you doing, Soledad?
President Bush's approval ratings dropped precipitously in the last week from 52 to 45 percent, according to the latest CNN-"USA Today"-Gallup poll. Some people have suggested that that decline might be because he and the Congress chose to jump into the middle of this Terri Schiavo thing.
So we thought this morning we'd ask you what you thought. Was it a mistake for the president and the Congress to get involved in the Schiavo case?
Linda writes: "Why are you so insistent on saying the Schiavo case is the culprit in Bush's low approval rating? This past week he met with President Fox from Mexico. He once again reiterated he wants amnesty for illegal aliens. On top of this, we are outsourcing jobs, the country is run by corporations, our deficits are at extreme highs, our trade deficit is running amuck, our dollar is declining, our schools are substandard, et cetera, et cetera, et cetera."
Irene in California, "Yes, the president and the Congress were wrong. And each incumbent I have the power to vote for or against will be voted against based on this case."
Mike in Ohio, "I don't believe the president's approval rating has anything to do with Terri Schiavo. I'm a Republican who voted for Bush. I think gas prices are what's on people's minds right now."
And Jerry in Georgia writes: "Yes, the president and Congress demonstrated disrespect for the judicial branch and the judges that faced a very difficult situation with all the evidence before them. How can he challenge the judicial branch of government to preserve life and at the same time support the judicial system in decisions to impose the death penalty with vigor? Is he a Christian or simply a politician?"
O'BRIEN: I tell you, every one in these letters raising great questions, I think, about the issue, the inherent problem.
CAFFERTY: Those are my folks.
HEMMER: There's a certain irony at play, too, here. If she dies this weekend, Easter weekend, Christian calendar... CAFFERTY: Oh this whole thing. This is Holy Week. The whole thing playing out this week has been the symbolism hasn't been lost, at least on me. You know, it's kind of a -- kind of a strange coincidence, maybe not.
HEMMER: Thank you. Did you see this, by the way?
O'BRIEN: Yes, I did. Oh, this poor guy.
HEMMER: Spring training. Roll the tape here.
In Arizona, Colorado Rockies and the Arizona Diamondbacks. Rockies pitcher Darren Oliver Darren Oliver ducking and swatting.
There were bees chasing him around the entire game. So much so he couldn't throw a pitch. The game had to be canceled. Oliver says he thinks the bees were attracted to the coconut oil in his hair gel.
O'BRIEN: Not just for attracting the ladies. It's for attracting...
CAFFERTY: Game called on account of bees?
HEMMER: Wow. That's a first.
CAFFERTY: Yes, amazing.
O'BRIEN: Oh, poor guy. They're going to play that game again, right?
HEMMER: Spring training.
O'BRIEN: Oh.
(CROSSTALK)
O'BRIEN: Yes, that stuff smells good.
CAFFERTY: Yes? You like that?
O'BRIEN: Yes. I do, actually. I'm going to bring some in for you guys.
CAFFERTY: Oh, wow. Make note of that. Where am I going to put it, Soledad?
O'BRIEN: You know what? I'm not going to talk about that.
CAFFERTY: Bees will see me as a landing strip.
(LAUGHTER)
O'BRIEN: There's more AMERICAN MORNING coming up this morning.
(BEGIN VIDEOTAPE)
O'BRIEN (voice-over): Ahead on "90-Second Pop," an "Idol" error ends up reaping big benefits for FOX.
And, who loves ya, baby?
VING RHAMES, ACTOR: You forgot your candy.
O'BRIEN: Actor Ving Rhames grabs a lollipop and tries to fill pretty big shoes as "Kojak." Is he has good as the original?
Ahead on AMERICAN MORNING.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
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Aired March 25, 2005 - 09:01 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: But on this Good Friday day, as one Catholic father to another, he's begging the governor to save his daughter.
(END VIDEO CLIP)
BILL HEMMER, CNN ANCHOR: The spiritual adviser to Terri Schiavo's parents. An urgent appeal reacting to the news this morning. A federal judge denying the latest request to give food and water to Terri Schiavo. The latest on this story on this 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 back, everybody.
We've got much more on the Terri Schiavo case, after another major development just a little more than an hour ago. A federal judge rejecting the request to return her feeding tube. We're going to bring you the very latest from Florida. Also talk about whether this is the final legal move with Court TV's Lisa Bloom.
HEMMER: Also, another perspective on a medical crisis today. A man who was diagnosed in a vegetative state years ago, he was incapacitated. But now he can shake hands, eats on his own and even laughs at jokes. His story coming up this hour.
O'BRIEN: Mr. Cafferty talking about this as well in the "Question of the Day."
JACK CAFFERTY, CNN ANCHOR: Yes. The latest CNN-"USA Today"- Gallup poll showing a dramatic decline in President Bush's popularity in just the last week. A drop of some seven points. Some suggest it might be tied to the fact that the White House and Congress jumped into the Schiavo case.
What do you think, was that a mistake for them to do that? AM@CNN.com -- 1,200 letters in the first couple of hours of the program. So there's still a lot of interest in this subject apparently.
O'BRIEN: This case is so interesting on so many angles. I mean, just a source of fierce debate, I think, as Jeff Greenfield said, everywhere, everywhere. Thanks, Jack. CAFFERTY: Sure.
O'BRIEN: Well, Terri Schiavo's parents' latest request to have her feeding tube restored has been denied, as we said. Bob Franken is in Pinellas Park, in Florida.
Bob, good morning to you. What's the reaction to where you are at the hospice?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: The somber resignation. The people here have been here, some of them, throughout the week with a quiet vigil. The vigil is going to intensify in meaning for so many of them.
They're highly religious. And, of course, this is Good Friday, the darkest day on the Christian calendar and a day that is just fraught with metaphorical meaning in connection with this Terri Schiavo case. So one could expect that there might be more acting out of the feelings here.
And, of course, the latest disappointment for them comes in the ruling by the federal judge after last night's hearing that there is no mechanism, there is no reason why he should put in an emergency order which would reconnect the feeding tube to Terri Schiavo. That is just the latest in the string of defeats, leaving these people who are highly committed, people of religion, to believe that perhaps their only chance might be through prayer -- Soledad.
O'BRIEN: Bob Franken in Pinellas Park, in Florida for us this morning. Bob, thank you for that update.
Let's get back to Bill.
HEMMER: All right, Soledad.
Back to the legal options now in the Schiavo case. Court TV anchor Lisa Bloom back with us again today as she was yesterday.
Good morning to you.
LISA BLOOM, COURT TV: Good morning.
HEMMER: What do you make of the ruling, the second time Judge Whittemore has said no to Schiavo's parents?.
BLOOM: This is just another brick in the legal wall that is being constructed. Now, you know, courts love two things, precedent and deference.
There is now a substantial body of precedent in this decision and the appellate decisions which the courts are going to continue to follow. I don't think there's really any legal hope left for the parents.
HEMMER: You know, we talk about the evidence in this case. And Terri Schiavo's parents have argued, we've got evidence we can present you, why won't you allow that in your court? They've been denied on that. Do you agree with that ruling?
BLOOM: I think it is the appropriate ruling legally. I think it's also a heartbreak. But, Bill, there has already been an evidentiary hearing, and that's the second component, deference.
Courts like to defer to a judge who has already heard all of the evidence and all of the testimony. That was done by Judge Greer in the Florida state court. When you have a combination of precedent, the appellate court ruling, and deference to a trial court that's already heard all the evidence, it's an insurmountable wall really now, I think, for the parents.
HEMMER: The ruling came out about an hour and 20 minutes ago on the clock, as we watch it here, 9:05 in New York. You've seen the ruling.
BLOOM: Yes, I have.
HEMMER: What struck you?
BLOOM: I have read it. You know what struck me is that, while outside the courtroom there may be a circus going on in the courtroom, inside the courtroom there's a lot of civility. And the judge, the federal judge, went out of his way to say this at the end of his ruling...
"The court would be remiss if it did not once again convey its appreciation for the difficulties and the heartbreak the parties have endured throughout this lengthy process. The civility with which this delicate matter has been presented by counsel is a credit to their professionalism and dedication to their respective clients and Terri."
You know, this is a difficult legal proceeding for all involved. And I think the judges are doing the very best that they can. I think the time has come for the parents to end the legal process because they're not going to get anywhere.
HEMMER: That is a very tender statement. Do you hear that often?
BLOOM: No, it's very unusual. Usually the judges just rule on the law and the facts. You don't hear that kind of heartfelt emotion.
HEMMER: We heard from Alan Dershowitz about an hour ago. He said, "This is checkmate."
BLOOM: Yes.
HEMMER: You agree with that also?
BLOOM: I do. And I usually do disagree with Alan Dershowitz. But on that I agree. There's just so many rulings now, as I said. It's really a brick wall. I don't see any hope left.
HEMMER: And as the viewers follow this story, the reason you say that is because you can appeal this ruling, but it goes back to the same court in Atlanta that ruled against Terri Schiavo's parents 10-2 earlier in the week.
BLOOM: That's right. And there's a couple of different components here.
Sure, it is very likely that she is going to die if she doesn't get the feeding tube reinserted. And that's why there is emergency relief, that's why the courts are listening to it.
But the parents also have to show substantial likelihood of success on the merits. They've argued every constitutional argument, every statutory argument. The courts have rejected them.
There is a body of law before this case upholding the right to die. And I don't see any other way around that at this point.
HEMMER: Also, the judge in this case talked about emotional rhetoric. What was he referring when he talked about that?
BLOOM: Well, he may have been talking about what's going on outside the courtroom and the media, the protesters. It's an emotional case. This is a case that everyone is talking about in the water coolers around America.
But inside the courtroom, the body of law is firm. And I don't see any hope left.
HEMMER: It is not often when we come across cases like these where you can actually insert yourself into the position of Terri Schiavo, into the position of her parents, into the position of Michael Schiavo, the husband who has been without his wife now for 15 years.
BLOOM: Yes. One of the most compelling things I heard was the parents saying, "We're watching our daughter slowly become dehydrated and starve to death. And we are legally barred from giving her a glass of water."
And I think that's the kind of thing that all parents can relate to. We can have our hearts broken over that.
But on the other side is the right to die, which Americans have fought for, for many years. Relatively new legal precedent. It was only 1990 that the U.S. Supreme Court upheld the right to die. Those are the two values that are really in conflict now.
HEMMER: Lisa Bloom from Court TV. Thanks, Lisa.
BLOOM: Thank you.
HEMMER: Back to the headlines, back to Carol Costello. More across the room -- Carol.
CAROL COSTELLO, CNN ANCHOR: All right. Thank you, Bill. Good morning to all of you.
"Now in the News," the political situation remains unclear in Kyrgyzstan, the former Soviet Republic in central Asia. Authorities report massive overnight looting, shops cleared of merchandise, cars and storefronts burned.
It comes one day after massive demonstrations killed at least four people and forced the president to flee. But a news agency there now reporting the president claims he's on the outskirts of the country and he has not resigned. We'll continue to monitor developments here.
Tense situation in Iraq this morning. A firsthand look at a car bombing from the battle lines in Iraq. Take a look.
A CNN crew embedded with the Marines captured these amazing pictures. This is photographer David Albrighton (ph). He was thrown back when this blast went off.
His wife was working with him as a correspondent, Alex Quaid (ph). She picked up his camera and continued to shoot. You see the Marines scrambling there. They're scrambling to pull ammunition from a burning Humvee that could blow and cause more injuries.
Oh, just amazing. And the most amazing part about this, no one was seriously hurt.
A U.S. Army paratrooper opposed to the war in Iraq says he will appeal a ruling keeping him from staying across the border. Twenty- six-year-old Jeremy Hinzman fled to Canada to avoid serving in Iraq and has been living in Toronto. Canadian officials have denied him political asylum, but Hinzman says he will appeal. The court action, though, could drag on for years.
And more March Madness. Four teams advancing last night in the NCAA men's basketball tournament. Arizona beat Oklahoma State in dramatic fashion. Oh! This game-winning shot in the final seconds. Final score, 79-78.
Also advancing to the tournament's elite eight, Illinois, Louisville and West Virginia pull it out against Texas Tech.
(WEATHER REPORT)
O'BRIEN: Coming up this morning, the man who was diagnosed to be in a vegetative state. He came back, though, eating and laughing, a part of his family again. We've got his story ahead.
HEMMER: Also, will the ailing pope attend any of this weekend's Easter ceremonies? We'll check in on Rome on that.
O'BRIEN: And from Kanye West to the Reverend Run of Run-DMC, hip-hop's finding new faith in Christian music. Our special series, "Faith in America," is ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: As we've been reporting this morning, the latest request to restore Terri Schiavo's feeding tube has been denied by a judge in Florida. But this Schiavo case touches nerves in many families caught between holding on to hope or giving in to overwhelming medical odds. The story this morning -- rather, Mary Snow has the story of one family's choice.
(BEGIN VIDEOTAPE)
MARY SNOW, CNN CORRESPONDENT (voice-over): It was spring of 1996. Eighteen-year-old Tommy Joannou playfully posed for a photo with his mother and brothers. Days later, he had a tragic accident that to this day has left him severely brain damaged.
ROSALIE JOANNOU, TOMMY'S MOTHER: The hard part is a lot of people say, "Oh, I wouldn't want to live in that condition." And who would? Nobody would? But when push comes to shove, I've heard of so many people that, you know, don't want to die when push comes to shove.
SNOW: Push came to shove for Rosalie Joannou, she says, when she was told her son was in a persistent vegetative state with little hope of surviving. The accident happened when the then-teenager was on a hood of a car. It started moving and he was thrown to the ground.
Joannou underwent several brain surgeries and did not show improvement. His family took him home and kept fighting.
JOANNOU: One hundred percent, they told us, he would never eat food. And he does. One hundred percent, they told us, he would never breathe on his own. And he does.
So I don't think doctors are liars. I think that they just don't know enough about the brain.
SNOW: And the case of Terri Schiavo has hit home in Bethpage, New York. Years ago, Joannou, like Schiavo, had his feeding tube removed.
JOANNOU: Anything he does, when he learned to pull himself up on handles on the wall, we were so excited. Anything he does.
The first time he laughed we were so excited. The first time he cried we were so excited. When he started to eat. These are all huge milestones.
SNOW: These days he can shake hands, laugh at jokes, respond to relatives around him. But he cannot speak.
The Joannou family credits intensive therapy, 70 volunteers a week, and their faith for Tommy Joannou's progress. His mother hopes his legacy will be one of hope. But it also comes with a great deal of pain.
JOANNOU: When I go to bed every night, I dream about him every single night that he's going to get better.
SNOW: Mary Snow, CNN, Bethpage, New York. (END VIDEOTAPE)
HEMMER: Terri Schiavo's feeding tube was pulled last Friday afternoon. Doctors have estimated that she could die after seven to 14 days without water or nourishment.
Late word from The Associated Press now out of Florida. Terri Schiavo's parents have appealed the judge's ruling rejecting the reinsertion of the feeding tube. If that is the case, that appeal will go back to the 11th Circuit Court of Appeals in Atlanta, the same court that rejected the appeal two days ago on a 10-2 ruling.
We'll follow more out of Florida. That's what the AP is saying at this hour -- Soledad.
O'BRIEN: Over at the Vatican, Pope John Paul II's health is keeping him from participating in Good Friday ceremonies today. The pope, last seen in public Wednesday, waving from the window of his Vatican apartment. But he will not take part in today's ceremony recalling the passion of the Christ. That event gets underway in less than two hours from now.
CNN Vatican analyst John Allen is in Rome with more this morning.
Officially, the Vatican has not been very forthcoming with information about the pope's health, right?
JOHN ALLEN, CNN VATICAN ANALYST: Yes, that's right, Soledad. Since John Paul returned from Rome's Gemelli hospital to the Vatican on March 13, there actually has not been a single medical bulletin with official information about the pope's recovery. So what we're left with are these three fleeting public appearances in which you described them quite accurately.
He was in the public for a very short period of time and did not look especially well. And then background comments from Vatican officials telling us that clearly the pope's recovery is not coming along as quickly or as effortlessly as they had hoped, but they emphasize that they don't believe there's basis for alarm. They do expect him to pull through.
O'BRIEN: And yet, while he is not physically taking part in the Easter week ceremonies, there are some things that he could do. What are they hoping that they'll be able to do with the pope?
ALLEN: Well, you know, Soledad, what we're sort of inching into here is a kind of virtual papacy in which John Paul doesn't appear physically very much, but when he does want to be present to an audience he can do that through some kind of electronic means. And the most obvious of which is a TV hook-up from his apartment beamed to wherever the event is taking place. And we may well see that here tonight.
Tonight, Good Friday, the day in which Christians recall those steps of Christ on his way to Mount Calvary and his death on the cross, is marked by the Via Crucis and the Way of the Cross ceremony in the Coliseum. It's entirely possible that images of the pope may be beamed there so he can at least wave to the crowd and maybe give some kind of blessing here in Rome, as you say, in a couple of hours.
O'BRIEN: And as you talk about that, I think it's interesting, because that in and of itself, the sort of virtual pope, opens a door to questions about at what point could the pope be incapacitated enough and still play a role virtually with his followers? Is there any kind of precedent in this?
ALLEN: Well, I mean, Soledad, you know, there are plenty of incidents in church history where popes have been incapacitated maybe because of illness or in the case in the early 19th century a pope was actually taken prisoner by Napoleon and carted off from Rome for a period of time. So there are precedents. But the problem is that it's a different sort of situation today.
I mean, we live in an age of 24-hour-a-day, 7-day-a-week cable television and the Internet and so forth and so on, which means that people's expectations about how visible the pope is going to be, how available he's going to be, are quite different. I think this is new uncharted territory for the Vatican. And they're kind of groping their way forward to understand how they can make the pope as available as possible to his followers while at the same time, obviously, protecting his health, which these days is quite fragile.
O'BRIEN: Do you think in any way all this discussion about his health sort of takes away from the most religious holiday in the Catholic Church, which is Easter?
ALLEN: Well, from a certain point of view, I suppose it does. I mean, you know, clearly the story in Rome these days and what you and I are talking about now really is not the Easter story. It is the story of John Paul's health.
On the other hand, you know, you can also make the argument that today is Good Friday. It is all about recalling the suffering of Christ. And clearly, the pope today is experiencing sort of his own passion. That is, I mean, he himself is suffering and, in that sense, offering a lesson to the world about what the human condition is about and how to bear suffering with dignity. And perhaps there's no better time of the year for that than right now.
O'BRIEN: Yes, I think many people are saying that. John Allen joining us from Rome this morning. John, thank you for that update -- Bill.
HEMMER: In a moment here, how the Terri Schiavo case now is playing out in Washington as a result of the latest news we're getting in Florida.
And what's the buzz in baseball? This pitcher chased from the mound. The game was canceled. We'll explain why in a minute.
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HEMMER: The latest on the Terri Schiavo case now. The AP reporting that Terri Schiavo's parents have appealed the latest ruling against them.
A federal court just about two hours ago refusing their request to have the feeding tube restored. This would be the second time this week that they appealed this court's ruling. The last appeal that went up to Atlanta in the 11th Circuit was denied. More when we get it -- Soledad.
O'BRIEN: And more with Jack Cafferty because this is the "Question of the Day" as well.
Good morning.
CAFFERTY: How you doing, Soledad?
President Bush's approval ratings dropped precipitously in the last week from 52 to 45 percent, according to the latest CNN-"USA Today"-Gallup poll. Some people have suggested that that decline might be because he and the Congress chose to jump into the middle of this Terri Schiavo thing.
So we thought this morning we'd ask you what you thought. Was it a mistake for the president and the Congress to get involved in the Schiavo case?
Linda writes: "Why are you so insistent on saying the Schiavo case is the culprit in Bush's low approval rating? This past week he met with President Fox from Mexico. He once again reiterated he wants amnesty for illegal aliens. On top of this, we are outsourcing jobs, the country is run by corporations, our deficits are at extreme highs, our trade deficit is running amuck, our dollar is declining, our schools are substandard, et cetera, et cetera, et cetera."
Irene in California, "Yes, the president and the Congress were wrong. And each incumbent I have the power to vote for or against will be voted against based on this case."
Mike in Ohio, "I don't believe the president's approval rating has anything to do with Terri Schiavo. I'm a Republican who voted for Bush. I think gas prices are what's on people's minds right now."
And Jerry in Georgia writes: "Yes, the president and Congress demonstrated disrespect for the judicial branch and the judges that faced a very difficult situation with all the evidence before them. How can he challenge the judicial branch of government to preserve life and at the same time support the judicial system in decisions to impose the death penalty with vigor? Is he a Christian or simply a politician?"
O'BRIEN: I tell you, every one in these letters raising great questions, I think, about the issue, the inherent problem.
CAFFERTY: Those are my folks.
HEMMER: There's a certain irony at play, too, here. If she dies this weekend, Easter weekend, Christian calendar... CAFFERTY: Oh this whole thing. This is Holy Week. The whole thing playing out this week has been the symbolism hasn't been lost, at least on me. You know, it's kind of a -- kind of a strange coincidence, maybe not.
HEMMER: Thank you. Did you see this, by the way?
O'BRIEN: Yes, I did. Oh, this poor guy.
HEMMER: Spring training. Roll the tape here.
In Arizona, Colorado Rockies and the Arizona Diamondbacks. Rockies pitcher Darren Oliver Darren Oliver ducking and swatting.
There were bees chasing him around the entire game. So much so he couldn't throw a pitch. The game had to be canceled. Oliver says he thinks the bees were attracted to the coconut oil in his hair gel.
O'BRIEN: Not just for attracting the ladies. It's for attracting...
CAFFERTY: Game called on account of bees?
HEMMER: Wow. That's a first.
CAFFERTY: Yes, amazing.
O'BRIEN: Oh, poor guy. They're going to play that game again, right?
HEMMER: Spring training.
O'BRIEN: Oh.
(CROSSTALK)
O'BRIEN: Yes, that stuff smells good.
CAFFERTY: Yes? You like that?
O'BRIEN: Yes. I do, actually. I'm going to bring some in for you guys.
CAFFERTY: Oh, wow. Make note of that. Where am I going to put it, Soledad?
O'BRIEN: You know what? I'm not going to talk about that.
CAFFERTY: Bees will see me as a landing strip.
(LAUGHTER)
O'BRIEN: There's more AMERICAN MORNING coming up this morning.
(BEGIN VIDEOTAPE)
O'BRIEN (voice-over): Ahead on "90-Second Pop," an "Idol" error ends up reaping big benefits for FOX.
And, who loves ya, baby?
VING RHAMES, ACTOR: You forgot your candy.
O'BRIEN: Actor Ving Rhames grabs a lollipop and tries to fill pretty big shoes as "Kojak." Is he has good as the original?
Ahead on AMERICAN MORNING.
(END VIDEOTAPE)
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