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American Morning
Federal Judge Rules on Desperation Appeal by Schiavo's Parents
Aired March 25, 2005 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Breaking news in Florida in the Terry Schiavo case. A federal judge just minutes ago ruling on a desperation appeal by Schiavo's parents.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Good morning, again.
If you're just joining us at 8:01 here in New York, breaking news out of Florida moments ago. The federal judge in Tampa denying an emergency request from Terri Schiavo's parents, requesting that her feeding tube be reconnected. We'll see what this means, in a moment here, and what legal options, if any, still remain for Terri Schiavo's parents.
O'BRIEN: Also, today marks one week since Terri Schiavo last had any food and water. We're going to talk about her condition with her parents' spiritual adviser. We'll also get his reaction to the ruling this morning.
HEMMER: Also, Jack is talking about this, too, with our e- mailers at home.
JACK CAFFERTY, CNN CORRESPONDENT: Indeed.
On a much lighter note, however, coming up in "The Cafferty File" in less than an hour, we'll tell you which late actor's pants are big enough to house a family of four. And they're for sale, by the way. You can buy these. Numbers one and 100 on the list of sexiest women in the world, as well as some of the names in between. And we'll go to an Easter egg hunt for all the critters at the Cincinnati Zoo. It's kind of cute, actually.
O'BRIEN: All right.
We're looking forward to that.
Thanks, Jack.
CAFFERTY: Yes.
O'BRIEN: Well, just about 15 minutes ago, we learned about a federal court ruling against restoring Terri Schiavo's feeding tube. She's about to begin a second week without any food or water.
Brother Paul O'Donnell is Schindler family's spiritual adviser. He's in Pinellas Park in Florida.
Thank you for being with us, Brother Paul.
We appreciate your time.
What's your reaction to this latest word from the federal judge rejecting this emergency request?
BROTHER PAUL O'DONNELL, SPIRITUAL ADVISER TO THE SCHINDLERS: Well, the family and I knew exactly how the judge was going to rule when he said to the family last night, "I'm not going to move soon. Go home. Get some sleep. Have something to eat. And I'll have to take my time." When their daughter was starving. There was no doubt in our mind how he was going to rule.
And also we know every time that the attorneys mention the intent of Congress, he bristled. Clearly, this was a political battle, a tug of war being played out in our judiciary. And Terri is the innocent victim in all of this.
O'BRIEN: So what happens now? What's the plan legally, politically, as well, for the Schindlers?
O'DONNELL: Well, we believe our only hope is Governor Bush. And I know Governor Bush has been on the media saying his hands are tied. But according to our legal experts, he still has the power to take Terri into protective custody. Now, he may not want to do that because of public image and how that would look. But on this Good Friday day, as one Catholic father to another, he's begging the governor to save his daughter.
Bob Schindler, Mary Schindler, are pleading with Governor Bush.
O'BRIEN: He may not want to do it not only because of his public image, but a court ruling has said he cannot do that. And legal experts would say that even if that court ruling is wrong, that, in fact, that the governor has to abide by the court ruling.
In addition to that, it could, as you well know, throw the state into a constitutional crisis.
You think he should go ahead and do it anyway?
O'DONNELL: Well, I think -- I do. I do. And I think, as you reported in your previous newscast, there are other legal experts that feel that the governor does have the authority. And as his brother, President Bush, said, when it comes to life and death issues, we should err on the side of life. Terri's life is running out. I don't know how she's hanging on now.
O'BRIEN: Do you think that the president himself has done enough to help Terri Schiavo?
O'DONNELL: No, I do not. I do not.
O'BRIEN: What would you like to see him do?
O'DONNELL: I would like him to put his words into action. If he wants to promote a culture of life, then hard times demand tough decisions and tough actions.
O'BRIEN: Well, it's got to...
O'DONNELL: Save Terri Schiavo.
O'BRIEN: It is just a terrible time for the Schindlers, obviously. I know you're very close to them and it must be just devastating for that family.
We thank you for joining us this morning.
Brother Paul O'Donnell, who's the spiritual adviser to the Schindlers -- Bill.
HEMMER: In the past, this feeding tube has been removed. But it has never been removed for this great period of time. Seven plus days now, working on eight days without nourishment and water for Terri Schiavo. And you heard Brother Paul O'Donnell talk about that. He said their only hope is Governor Bush.
Now, the governor said he will not intercede, will not use powers that he does not believe he has.
To Tallahassee, the Florida state capital, and Ed Henry -- Ed, what's being said there now?
ED HENRY, CNN CORRESPONDENT: Good morning, Bill.
After all of the legal setbacks in Washington and here in Florida, the pressure on Governor Bush is getting intense.
(BEGIN VIDEO TAPE)
UNIDENTIFIED MALE: Governor Bush is now the only practical hope here for Terri Schiavo.
HENRY (voice-over): The governor is in the eye of the storm, facing heat from fellow conservatives who want him to find a way, any way, to save Terri Schiavo's life.
RANDALL TERRY, SCHINDLER FAMILY SPOKESMAN: If she dies, there is going to be hell to pay with the pro-life, pro-family Republican people of various legislative levels.
PAT ROBERTSON, CONSERVATIVE ACTIVIST: He doesn't have to let some little piddly circuit court judge run the State of Florida.
HENRY: Protesters streamed in and out of the governor's office.
UNIDENTIFIED PROTESTER: Take away the evil in our hearts.
HENRY: And the phones kept ringing. UNIDENTIFIED FEMALE: But I'm sure the governor will do whatever is legally within his power to do.
HENRY: Bush mulled that question behind closed doors, while activists kept a vigil in his reception area. The governor downplayed expectations, saying his powers are limited.
GOV. JEB BUSH (R), FLORIDA: They are not as expansive as people would want them to be.
HENRY: But conservative activists disagree, saying the governor has the power to take custody of Schiavo.
ALAN KEYES, CONSERVATIVE ACTIVIST: It's not a question of kidnap. He merely needs to go in and defend her life.
HENRY: The governor understands the passion, but hints he won't take drastic actions.
BUSH: I understand what they're -- they're acting on their heart and I fully appreciate their sentiments and the emotions that go with this. I've consistently said that I can't go beyond what my powers are. And I'm not going to do it.
HENRY: The political stakes are high, with perhaps the continuation of the Bush dynasty at the White House hanging in the balance.
UNIDENTIFIED MALE: If he does what he should do and save Terri Schiavo then, in fact, he'll be a hero. If he doesn't do it, he's going to be a villain with regard to most of the Christian right.
(END VIDEO TAPE)
HENRY: People close to the governor note that he's not running for reelection next year and he has said he has no plans to run for the White House. So they say he will not give in to any political pressure -- Bill.
HEMMER: Ed Henry, thanks for that in Tallahassee.
And, again, technically, there is an appeal process that could still play out. However, the Schiavo parents would still be appealing to the same jurisdiction that has denied the request in the past, that being the 11th Circuit Court of Appeals in Atlanta, then higher up the line there, the U.S. Supreme Court in Washington, D.C.
We will continue to watch all the angles on this story as they come out of Florida, as we continue throughout the morning here -- now Soledad.
O'BRIEN: There are other stories making headlines this morning.
Let's get right to Carol Costello for an update on those -- good morning, Carol.
CAROL COSTELLO, CNN ANCHOR: I've got the headlines for you.
Now in the news, no praise for the U.S. agencies collecting and assessing intelligence on Iraq's weapons of mass destruction. That's according to officials familiar with a report due out next week. A nine member presidential commission is also looking at agency's performance on Iran, North Korea and Libya. No word on when or how much of the report will be made public.
A CNN crew getting a behind-the-scenes look at the volatile situation in Iraq. While traveling with Marines there, a car bomb went off. There you see it. Unbelievable pictures. This happened as troops worked to secure the area. The Marines, as you hear, are scrambling to pull ammunition from a burning Humvee that could blow up and cause injuries. The explosion throwing a CNN cameraman back about 12 feet. That's why you saw the camera jerk there. Luckily, no one was seriously hurt. But the crew did manage to get these amazing pictures for you this morning.
In Texas, the death toll now stands at 15 after an explosion at an oil refinery. Authorities had earlier said at least one person was missing after Wednesday's blast. They're waiting to confirm if that's the same person. Federal safety investigators at the plant are still trying to determine what caused this explosion. It is the third deadly accident in less than four years there.
And some concerns about a new screening process to identify high risk airline passengers. Officials say a Congressional watchdog agency is not expected to certify the program next week. The government accountability office, the GAO, claims some key safeguards have not been met. It's not clear whether the decision will delay testing of the program. It is set to begin this summer. And, of course, we'll keep you posted.
HEMMER: All right.
Thank you, Carol.
O'BRIEN: Let's get right to the Vatican.
Pope John Paul II not expected to take part in Good Friday ceremonies recalling the passion of Christ. That event is getting underway less than three hours from now.
CNN's Rome bureau chief Alessio Vinci live in Rome for us this morning -- Alessio, good morning.
With the message of Good Friday being essentially one of suffering, does the Vatican perhaps see the pope's suffering as part of that message today?
ALESSIO VINCI, CNN CORRESPONDENT: Very much so, Soledad, and good morning to you, of course.
This Good Friday, when Catholics commemorate the suffering of Jesus during his final hours before dying, and this suffering today, this message of suffering takes, of course, a whole different dimension with the own suffering of Pope John Paul II taking center stage, and his inability to participate to key events marking this very important Holy Week.
The pope yesterday, on Holy Thursday, he missed two very important masses. He did manage to send a message saying that he was present there spirituality. But certainly his physical presence was very much felt. And this morning again, the pope skipping another important event, a traditional event that he himself had instituted back in '79 when he was elected pope, and that is to hear the confessions of ordinary pilgrims in St. Peter's Basilica on Good Friday. He had to miss that, as well.
And tonight, the pope will not be able to participate in person at the Way of the Cross, the procession out of the Coliseum reenacting the various stages of Christ, of Jesus' passion. The pope, in recent years, has limited his presiding over, if you want, of these events, but he was always there at the Coliseum. And this time, for the first time, he will not be able to make the trip across town from the Vatican to the Coliseum.
Vatican officials are telling us that the pope perhaps will be present there in a virtual way. There's been a television link been established between the Vatican and the Coliseum and perhaps the pope will be able to make at least a television appearance. But that is not even confirmed yet at this time -- Soledad.
O'BRIEN: So, then what officially is what the Vatican is saying about the pope's health?
VINCI: Well, they're not saying a lot. Ever since he came back from the hospital in early March, there hasn't been a single medical bulletin. And so we don't really know officially what his health is. Privately, Vatican officials are telling us that his recovery period is taking longer than expected, and perhaps it is not as smooth as they had expected. But there is -- certainly they're not, you know, they're not giving us a sense of alarm as far as the pope's health is concerned.
What we do know also from, especially from the Italian media here, is that the pope is now reacting well to the medication and therefore he is having quite a bit of a hard time at this time and therefore that is why, for example, Vatican officials are keeping him away from public eye, because they want him to recover as quickly as possible.
O'BRIEN: Alessio Vinci reporting for us from Rome this morning.
Alessio, thanks -- Bill.
HEMMER: About 12 minutes past the hour.
Back to Chad Myers, watching the weather, keeping their fingers crossed for the weekend -- good morning.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Bill.
(WEATHER REPORT)
HEMMER: Again, repeating, if you're just joining us this morning, the judge in Florida now with the case of Terri Schiavo and this request to have that feeding tube reinserted, that latest request denied again. It's the second time this particular judge, Judge Whittemore, has denied that request. There are still legal options available. I've been speaking with Alan Dershowitz, what, 20 minutes ago. He says at this point this case is checkmate for Terri Schiavo and the effort that her parents now are putting forth.
More from Washington, more from Florida, as we go throughout the morning here.
O'BRIEN: And certainly you also have folks who are encouraging Florida's governor, Jeb Bush, to take action, even though a court order has said that he cannot. They say that he could ignore that court order and go ahead and take custody.
HEMMER: A lot of pressure in Tallahassee.
O'BRIEN: Exactly, at this hour.
Also ahead this morning, Philadelphia plagued with a rash of homicides. Now, Pennsylvania's governor is stepping in. But is it enough to slow the violence in that city? We're going to talk to the city's mayor ahead.
HEMMER: Also, later this hour, Dr. Gupta exploring the science of memory. How the smallest details can be pulled from deep within your own mind. That series continues and so do we, live in New York City, after this, on a Friday morning.
(COMMERCIAL BREAK)
O'BRIEN: The latest on the Terri Schiavo case now.
A federal judge has just denied the latest motion by her parents to try to get her feeding tube reinserted. Terri Schiavo has been without food or water for a week now. In an 11-page ruling, the second on the matter in a week, the U.S. District judge, James Whittemore, denied the emergency request of the parents of the brain damaged woman. In addition, pressure remains on Florida's governor, Jeb Bush. People saying that maybe he could ignore a court order and, in fact, just gain custody of Terri Schiavo. The governor has said that his hands, at this point, are tied -- Bill.
HEMMER: Much more on this throughout the morning here.
We want to go back to a story, though, we talked about a week ago on this day here on this program. More violence in the City of Philadelphia. That town has been hit by a rash of homicides, 85 so far this year. That's up from 63 a year ago. Pennsylvania Governor Ed Rendell now announcing the creation of a task force there to focus on the problem. We talked with Philadelphia's mayor, John Street, about it a week ago. There have been five more murders in his city since then. He's back with us.
And Mayor Street, good morning to you. MAYOR JOHN STREET, PHILADELPHIA: Good morning.
Thank you for having me.
HEMMER: Lets talk -- you're most welcome.
Let's talk about the task force.
What will that do to solve this rash of crime?
STREET: Well, we will focus primarily, but not exclusively, on how we can toughen up the gun laws in the Commonwealth of Pennsylvania. We have some of the most lax gun laws anywhere and we have a proliferation of guns throughout the Commonwealth that is causing violence not only in Philadelphia, but in Harrisburg, Reading, York, Pennsylvania and others. And we really do believe that we have to study the impact of these guns on the violence and the homicide. And the best way to change the laws in order to be able to have an impact.
HEMMER: Changing laws, though, takes time. You know that as well as anyone.
STREET: Well, changing...
HEMMER: Do you have time?
STREET: Changing laws can be done fairly quickly if people have the will to do it. And when you have the kind of gun violence that we've seen throughout the Commonwealth, we think the time has come in order to react. We -- in the Commonwealth of Pennsylvania, people can get an unlimited number of guns. We want a law that limits a person to one gun a month. In the Commonwealth of Pennsylvania, if a gun is lost or stolen, there's no obligation on the part of the owner of that gun to report it to the police. We don't have the kind of information we need when we see unusual purchases of guns.
We have a very lax situation...
HEMMER: Mr. Mayor, if I could here, you were talking about getting help from the National Guard.
Does the City of Philadelphia need help from the National Guard to step in here?
STREET: No. Absolutely not. We think we've actually done a pretty good job of dealing with the problems of crime in our city. Crime is actually down and homicides are down from a high of 500 as recently as the early '90s. But when you have as many homicides and a rash of violence, as we have had, we think it's time to stop, take another good, hard look, look at the laws that are regulating guns, look at everything that we are doing, both in the Commonwealth and in the city, working with the Bureau of Alcohol and Tobacco and other areas to do everything we can to bring it under control.
HEMMER: Wait, listen, as we talk about growing violence, and if you looked back over history, oftentimes you point to factors like economics. You can point to factors like drug abuse and distribution. Are you saying that any of those factors are tied to this rash of violence?
STREET: Oh...
HEMMER: Or are you just saying it's the guns -- the laws that are the issue?
STREET: Oh, no, no. We believe that all of it is -- are contributing factors. This is a very, very complex problem and guns are only one element of it.
HEMMER: All right.
STREET: But it's the element that is controlled by the Commonwealth of Pennsylvania, because Philadelphia is preempted from passing its own laws in that area.
HEMMER: Good luck to you and the people in your city.
STREET: Thank you so much.
HEMMER: Mayor John Street down in Philly.
STREET: Thank you.
HEMMER: OK -- here's Soledad now, and back to Terri Schiavo.
O'BRIEN: A ruling, in fact, in the latest appeal from Terri Schiavo's parents. We're live with the very latest from Florida, coming up. That's ahead on AMERICAN MORNING.
We're back after this short break.
(COMMERCIAL BREAK)
HEMMER: The latest on the Terri Schiavo case now.
News breaking about 40 minutes ago. A federal judge, for the second time now in Florida, the same judge, denying the latest motion by Terri Schiavo's parents to try and have that feeding tube reinserted. Schiavo now without water or nourishment for a week, now going into the 11th day. The 11-page ruling from U.S. District Judge James Whittemore comes after a four hour hearing yesterday, on Thursday. He ruled earlier in the week again against the parents.
The Schindlers have argued that the federal courts have ignored some of the evidence they've given them. This ruling could also go to appellate level back in Atlanta. However, that court denied the motion two days ago by a 10-2 vote.
It is not clear, also, what, if any, options Florida's governor, Jeb Bush, has left and whether or not he may or may not intercede. He's talked publicly about it every day this week, and again yesterday, that he says he does not have the power now. Others contend that Jeb Bush has the ability and the authority to intercede and take custody of Terri Schiavo. The governor disagrees with that.
Much more from Florida in a moment here as we continue on this breaking story.
O'BRIEN: And the involvement of other parties is the Question of the Day this morning -- Jack.
CAFFERTY: Yes, perhaps coincidentally, perhaps not, President Bush's approval rating has declined to the lowest level of his presidency. The latest CNN/"USA Today"/Gallup poll shows this. The president's approval has dropped to 45 percent from 52 percent just a week ago. The White House declined to comment. But some independent political analysts suggest the drop may reflect opposition to the president and Congress intervening in the Schiavo matter.
The poll found the largest drop for Bush came among men, self- described conservatives, and churchgoers.
So the question this morning is this -- was it a mistake for Congress and the president to get involved in the Schiavo case? Our poll is absolutely not scientific, but we're getting many more letters suggesting it was a mistake than we are letters defending Congress and the president's actions.
Here's one from Randy: "Having been a lifelong Republican, I'm now scared silly that we've created a Republican Christian form of the Taliban. They seem to want to control the most personal thing we have, how we treat our own bodies and the lives and bodies of our loved ones."
R. in Florida writes: "Yes, there is a silent majority out there, Jack. It's not the one religious leaders have talked about for the last 15 years, it's compromised of normal, every day Americans who feel their right to determine how they live their lives is being eroded by politicians and zealots."
Christine writes: "I'm very pleased with and admire the president and the Congress for going to such extraordinary lengths to give Terri Schiavo a second chance to have her case thoroughly reviewed."
And Pat writes from Toronto: "A long time supporter of President Bush, I'm disappointed in him this time, as well as the Congress, Jeb Bush, the media and Terri's parents. They have denied this poor woman any shred of dignity and turned her dying into a circus. They should all be ashamed."
O'BRIEN: I think she's sort of nailed the point on the circus part.
CAFFERTY: Absolutely.
O'BRIEN: It really has gotten completely out of hand.
CAFFERTY: Yes.
O'BRIEN: And every time...
CAFFERTY: And the media has to get -- take some of the hit on that. I mean we, we've jumped all over this thing and have ridden it for a week now almost nonstop. So...
HEMMER: And it's going to continue because the feeding tube is not reinserted and it will be days, maybe a week longer, while she continues to live in Florida.
O'BRIEN: (UNINTELLIGIBLE).
CAFFERTY: I have a question. President Bush talked about erring on the side of life. When he was governor of Texas, how many executions happened in Texas while he was the governor down there?
HEMMER: Do you think he could have afforded not to get involved in this for the core of his constituents?
CAFFERTY: Well, I don't know, you know. They obviously made a determination, based on a whole lot of things, for him to get involved. But I just wonder about all the execution orders he signed when he was governor, about the bill that was passed in Texas that allows hospitals to disconnect machinery that keeps people alive if and when the family's ability to pay the bill runs out. In other words, the medical community can overrule family and end life in Texas based on a law that he signed while he was governor there.
To me it rings a little bit hypocritical to be suddenly talking about Terri Schiavo based on some of his past actions. That's all I'm suggesting.
HEMMER: Wasn't he the guy yesterday who said he was tired of talking about this story?
O'BRIEN: Well, you know what? We're going to keep talking about it.
CAFFERTY: I'm going home now.
HEMMER: Not yet. We've got more time here.
O'BRIEN: And we're talking more about Terri Schiavo and the disappointing news for Terri Schiavo's parents. Was this the very last legal option for the Schindlers? Reaction from supporters in Florida when we continue in a moment.
(COMMERCIAL BREAK)
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Aired March 25, 2005 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Breaking news in Florida in the Terry Schiavo case. A federal judge just minutes ago ruling on a desperation appeal by Schiavo's parents.
ANNOUNCER: From the CNN broadcast center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Good morning, again.
If you're just joining us at 8:01 here in New York, breaking news out of Florida moments ago. The federal judge in Tampa denying an emergency request from Terri Schiavo's parents, requesting that her feeding tube be reconnected. We'll see what this means, in a moment here, and what legal options, if any, still remain for Terri Schiavo's parents.
O'BRIEN: Also, today marks one week since Terri Schiavo last had any food and water. We're going to talk about her condition with her parents' spiritual adviser. We'll also get his reaction to the ruling this morning.
HEMMER: Also, Jack is talking about this, too, with our e- mailers at home.
JACK CAFFERTY, CNN CORRESPONDENT: Indeed.
On a much lighter note, however, coming up in "The Cafferty File" in less than an hour, we'll tell you which late actor's pants are big enough to house a family of four. And they're for sale, by the way. You can buy these. Numbers one and 100 on the list of sexiest women in the world, as well as some of the names in between. And we'll go to an Easter egg hunt for all the critters at the Cincinnati Zoo. It's kind of cute, actually.
O'BRIEN: All right.
We're looking forward to that.
Thanks, Jack.
CAFFERTY: Yes.
O'BRIEN: Well, just about 15 minutes ago, we learned about a federal court ruling against restoring Terri Schiavo's feeding tube. She's about to begin a second week without any food or water.
Brother Paul O'Donnell is Schindler family's spiritual adviser. He's in Pinellas Park in Florida.
Thank you for being with us, Brother Paul.
We appreciate your time.
What's your reaction to this latest word from the federal judge rejecting this emergency request?
BROTHER PAUL O'DONNELL, SPIRITUAL ADVISER TO THE SCHINDLERS: Well, the family and I knew exactly how the judge was going to rule when he said to the family last night, "I'm not going to move soon. Go home. Get some sleep. Have something to eat. And I'll have to take my time." When their daughter was starving. There was no doubt in our mind how he was going to rule.
And also we know every time that the attorneys mention the intent of Congress, he bristled. Clearly, this was a political battle, a tug of war being played out in our judiciary. And Terri is the innocent victim in all of this.
O'BRIEN: So what happens now? What's the plan legally, politically, as well, for the Schindlers?
O'DONNELL: Well, we believe our only hope is Governor Bush. And I know Governor Bush has been on the media saying his hands are tied. But according to our legal experts, he still has the power to take Terri into protective custody. Now, he may not want to do that because of public image and how that would look. But on this Good Friday day, as one Catholic father to another, he's begging the governor to save his daughter.
Bob Schindler, Mary Schindler, are pleading with Governor Bush.
O'BRIEN: He may not want to do it not only because of his public image, but a court ruling has said he cannot do that. And legal experts would say that even if that court ruling is wrong, that, in fact, that the governor has to abide by the court ruling.
In addition to that, it could, as you well know, throw the state into a constitutional crisis.
You think he should go ahead and do it anyway?
O'DONNELL: Well, I think -- I do. I do. And I think, as you reported in your previous newscast, there are other legal experts that feel that the governor does have the authority. And as his brother, President Bush, said, when it comes to life and death issues, we should err on the side of life. Terri's life is running out. I don't know how she's hanging on now.
O'BRIEN: Do you think that the president himself has done enough to help Terri Schiavo?
O'DONNELL: No, I do not. I do not.
O'BRIEN: What would you like to see him do?
O'DONNELL: I would like him to put his words into action. If he wants to promote a culture of life, then hard times demand tough decisions and tough actions.
O'BRIEN: Well, it's got to...
O'DONNELL: Save Terri Schiavo.
O'BRIEN: It is just a terrible time for the Schindlers, obviously. I know you're very close to them and it must be just devastating for that family.
We thank you for joining us this morning.
Brother Paul O'Donnell, who's the spiritual adviser to the Schindlers -- Bill.
HEMMER: In the past, this feeding tube has been removed. But it has never been removed for this great period of time. Seven plus days now, working on eight days without nourishment and water for Terri Schiavo. And you heard Brother Paul O'Donnell talk about that. He said their only hope is Governor Bush.
Now, the governor said he will not intercede, will not use powers that he does not believe he has.
To Tallahassee, the Florida state capital, and Ed Henry -- Ed, what's being said there now?
ED HENRY, CNN CORRESPONDENT: Good morning, Bill.
After all of the legal setbacks in Washington and here in Florida, the pressure on Governor Bush is getting intense.
(BEGIN VIDEO TAPE)
UNIDENTIFIED MALE: Governor Bush is now the only practical hope here for Terri Schiavo.
HENRY (voice-over): The governor is in the eye of the storm, facing heat from fellow conservatives who want him to find a way, any way, to save Terri Schiavo's life.
RANDALL TERRY, SCHINDLER FAMILY SPOKESMAN: If she dies, there is going to be hell to pay with the pro-life, pro-family Republican people of various legislative levels.
PAT ROBERTSON, CONSERVATIVE ACTIVIST: He doesn't have to let some little piddly circuit court judge run the State of Florida.
HENRY: Protesters streamed in and out of the governor's office.
UNIDENTIFIED PROTESTER: Take away the evil in our hearts.
HENRY: And the phones kept ringing. UNIDENTIFIED FEMALE: But I'm sure the governor will do whatever is legally within his power to do.
HENRY: Bush mulled that question behind closed doors, while activists kept a vigil in his reception area. The governor downplayed expectations, saying his powers are limited.
GOV. JEB BUSH (R), FLORIDA: They are not as expansive as people would want them to be.
HENRY: But conservative activists disagree, saying the governor has the power to take custody of Schiavo.
ALAN KEYES, CONSERVATIVE ACTIVIST: It's not a question of kidnap. He merely needs to go in and defend her life.
HENRY: The governor understands the passion, but hints he won't take drastic actions.
BUSH: I understand what they're -- they're acting on their heart and I fully appreciate their sentiments and the emotions that go with this. I've consistently said that I can't go beyond what my powers are. And I'm not going to do it.
HENRY: The political stakes are high, with perhaps the continuation of the Bush dynasty at the White House hanging in the balance.
UNIDENTIFIED MALE: If he does what he should do and save Terri Schiavo then, in fact, he'll be a hero. If he doesn't do it, he's going to be a villain with regard to most of the Christian right.
(END VIDEO TAPE)
HENRY: People close to the governor note that he's not running for reelection next year and he has said he has no plans to run for the White House. So they say he will not give in to any political pressure -- Bill.
HEMMER: Ed Henry, thanks for that in Tallahassee.
And, again, technically, there is an appeal process that could still play out. However, the Schiavo parents would still be appealing to the same jurisdiction that has denied the request in the past, that being the 11th Circuit Court of Appeals in Atlanta, then higher up the line there, the U.S. Supreme Court in Washington, D.C.
We will continue to watch all the angles on this story as they come out of Florida, as we continue throughout the morning here -- now Soledad.
O'BRIEN: There are other stories making headlines this morning.
Let's get right to Carol Costello for an update on those -- good morning, Carol.
CAROL COSTELLO, CNN ANCHOR: I've got the headlines for you.
Now in the news, no praise for the U.S. agencies collecting and assessing intelligence on Iraq's weapons of mass destruction. That's according to officials familiar with a report due out next week. A nine member presidential commission is also looking at agency's performance on Iran, North Korea and Libya. No word on when or how much of the report will be made public.
A CNN crew getting a behind-the-scenes look at the volatile situation in Iraq. While traveling with Marines there, a car bomb went off. There you see it. Unbelievable pictures. This happened as troops worked to secure the area. The Marines, as you hear, are scrambling to pull ammunition from a burning Humvee that could blow up and cause injuries. The explosion throwing a CNN cameraman back about 12 feet. That's why you saw the camera jerk there. Luckily, no one was seriously hurt. But the crew did manage to get these amazing pictures for you this morning.
In Texas, the death toll now stands at 15 after an explosion at an oil refinery. Authorities had earlier said at least one person was missing after Wednesday's blast. They're waiting to confirm if that's the same person. Federal safety investigators at the plant are still trying to determine what caused this explosion. It is the third deadly accident in less than four years there.
And some concerns about a new screening process to identify high risk airline passengers. Officials say a Congressional watchdog agency is not expected to certify the program next week. The government accountability office, the GAO, claims some key safeguards have not been met. It's not clear whether the decision will delay testing of the program. It is set to begin this summer. And, of course, we'll keep you posted.
HEMMER: All right.
Thank you, Carol.
O'BRIEN: Let's get right to the Vatican.
Pope John Paul II not expected to take part in Good Friday ceremonies recalling the passion of Christ. That event is getting underway less than three hours from now.
CNN's Rome bureau chief Alessio Vinci live in Rome for us this morning -- Alessio, good morning.
With the message of Good Friday being essentially one of suffering, does the Vatican perhaps see the pope's suffering as part of that message today?
ALESSIO VINCI, CNN CORRESPONDENT: Very much so, Soledad, and good morning to you, of course.
This Good Friday, when Catholics commemorate the suffering of Jesus during his final hours before dying, and this suffering today, this message of suffering takes, of course, a whole different dimension with the own suffering of Pope John Paul II taking center stage, and his inability to participate to key events marking this very important Holy Week.
The pope yesterday, on Holy Thursday, he missed two very important masses. He did manage to send a message saying that he was present there spirituality. But certainly his physical presence was very much felt. And this morning again, the pope skipping another important event, a traditional event that he himself had instituted back in '79 when he was elected pope, and that is to hear the confessions of ordinary pilgrims in St. Peter's Basilica on Good Friday. He had to miss that, as well.
And tonight, the pope will not be able to participate in person at the Way of the Cross, the procession out of the Coliseum reenacting the various stages of Christ, of Jesus' passion. The pope, in recent years, has limited his presiding over, if you want, of these events, but he was always there at the Coliseum. And this time, for the first time, he will not be able to make the trip across town from the Vatican to the Coliseum.
Vatican officials are telling us that the pope perhaps will be present there in a virtual way. There's been a television link been established between the Vatican and the Coliseum and perhaps the pope will be able to make at least a television appearance. But that is not even confirmed yet at this time -- Soledad.
O'BRIEN: So, then what officially is what the Vatican is saying about the pope's health?
VINCI: Well, they're not saying a lot. Ever since he came back from the hospital in early March, there hasn't been a single medical bulletin. And so we don't really know officially what his health is. Privately, Vatican officials are telling us that his recovery period is taking longer than expected, and perhaps it is not as smooth as they had expected. But there is -- certainly they're not, you know, they're not giving us a sense of alarm as far as the pope's health is concerned.
What we do know also from, especially from the Italian media here, is that the pope is now reacting well to the medication and therefore he is having quite a bit of a hard time at this time and therefore that is why, for example, Vatican officials are keeping him away from public eye, because they want him to recover as quickly as possible.
O'BRIEN: Alessio Vinci reporting for us from Rome this morning.
Alessio, thanks -- Bill.
HEMMER: About 12 minutes past the hour.
Back to Chad Myers, watching the weather, keeping their fingers crossed for the weekend -- good morning.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Bill.
(WEATHER REPORT)
HEMMER: Again, repeating, if you're just joining us this morning, the judge in Florida now with the case of Terri Schiavo and this request to have that feeding tube reinserted, that latest request denied again. It's the second time this particular judge, Judge Whittemore, has denied that request. There are still legal options available. I've been speaking with Alan Dershowitz, what, 20 minutes ago. He says at this point this case is checkmate for Terri Schiavo and the effort that her parents now are putting forth.
More from Washington, more from Florida, as we go throughout the morning here.
O'BRIEN: And certainly you also have folks who are encouraging Florida's governor, Jeb Bush, to take action, even though a court order has said that he cannot. They say that he could ignore that court order and go ahead and take custody.
HEMMER: A lot of pressure in Tallahassee.
O'BRIEN: Exactly, at this hour.
Also ahead this morning, Philadelphia plagued with a rash of homicides. Now, Pennsylvania's governor is stepping in. But is it enough to slow the violence in that city? We're going to talk to the city's mayor ahead.
HEMMER: Also, later this hour, Dr. Gupta exploring the science of memory. How the smallest details can be pulled from deep within your own mind. That series continues and so do we, live in New York City, after this, on a Friday morning.
(COMMERCIAL BREAK)
O'BRIEN: The latest on the Terri Schiavo case now.
A federal judge has just denied the latest motion by her parents to try to get her feeding tube reinserted. Terri Schiavo has been without food or water for a week now. In an 11-page ruling, the second on the matter in a week, the U.S. District judge, James Whittemore, denied the emergency request of the parents of the brain damaged woman. In addition, pressure remains on Florida's governor, Jeb Bush. People saying that maybe he could ignore a court order and, in fact, just gain custody of Terri Schiavo. The governor has said that his hands, at this point, are tied -- Bill.
HEMMER: Much more on this throughout the morning here.
We want to go back to a story, though, we talked about a week ago on this day here on this program. More violence in the City of Philadelphia. That town has been hit by a rash of homicides, 85 so far this year. That's up from 63 a year ago. Pennsylvania Governor Ed Rendell now announcing the creation of a task force there to focus on the problem. We talked with Philadelphia's mayor, John Street, about it a week ago. There have been five more murders in his city since then. He's back with us.
And Mayor Street, good morning to you. MAYOR JOHN STREET, PHILADELPHIA: Good morning.
Thank you for having me.
HEMMER: Lets talk -- you're most welcome.
Let's talk about the task force.
What will that do to solve this rash of crime?
STREET: Well, we will focus primarily, but not exclusively, on how we can toughen up the gun laws in the Commonwealth of Pennsylvania. We have some of the most lax gun laws anywhere and we have a proliferation of guns throughout the Commonwealth that is causing violence not only in Philadelphia, but in Harrisburg, Reading, York, Pennsylvania and others. And we really do believe that we have to study the impact of these guns on the violence and the homicide. And the best way to change the laws in order to be able to have an impact.
HEMMER: Changing laws, though, takes time. You know that as well as anyone.
STREET: Well, changing...
HEMMER: Do you have time?
STREET: Changing laws can be done fairly quickly if people have the will to do it. And when you have the kind of gun violence that we've seen throughout the Commonwealth, we think the time has come in order to react. We -- in the Commonwealth of Pennsylvania, people can get an unlimited number of guns. We want a law that limits a person to one gun a month. In the Commonwealth of Pennsylvania, if a gun is lost or stolen, there's no obligation on the part of the owner of that gun to report it to the police. We don't have the kind of information we need when we see unusual purchases of guns.
We have a very lax situation...
HEMMER: Mr. Mayor, if I could here, you were talking about getting help from the National Guard.
Does the City of Philadelphia need help from the National Guard to step in here?
STREET: No. Absolutely not. We think we've actually done a pretty good job of dealing with the problems of crime in our city. Crime is actually down and homicides are down from a high of 500 as recently as the early '90s. But when you have as many homicides and a rash of violence, as we have had, we think it's time to stop, take another good, hard look, look at the laws that are regulating guns, look at everything that we are doing, both in the Commonwealth and in the city, working with the Bureau of Alcohol and Tobacco and other areas to do everything we can to bring it under control.
HEMMER: Wait, listen, as we talk about growing violence, and if you looked back over history, oftentimes you point to factors like economics. You can point to factors like drug abuse and distribution. Are you saying that any of those factors are tied to this rash of violence?
STREET: Oh...
HEMMER: Or are you just saying it's the guns -- the laws that are the issue?
STREET: Oh, no, no. We believe that all of it is -- are contributing factors. This is a very, very complex problem and guns are only one element of it.
HEMMER: All right.
STREET: But it's the element that is controlled by the Commonwealth of Pennsylvania, because Philadelphia is preempted from passing its own laws in that area.
HEMMER: Good luck to you and the people in your city.
STREET: Thank you so much.
HEMMER: Mayor John Street down in Philly.
STREET: Thank you.
HEMMER: OK -- here's Soledad now, and back to Terri Schiavo.
O'BRIEN: A ruling, in fact, in the latest appeal from Terri Schiavo's parents. We're live with the very latest from Florida, coming up. That's ahead on AMERICAN MORNING.
We're back after this short break.
(COMMERCIAL BREAK)
HEMMER: The latest on the Terri Schiavo case now.
News breaking about 40 minutes ago. A federal judge, for the second time now in Florida, the same judge, denying the latest motion by Terri Schiavo's parents to try and have that feeding tube reinserted. Schiavo now without water or nourishment for a week, now going into the 11th day. The 11-page ruling from U.S. District Judge James Whittemore comes after a four hour hearing yesterday, on Thursday. He ruled earlier in the week again against the parents.
The Schindlers have argued that the federal courts have ignored some of the evidence they've given them. This ruling could also go to appellate level back in Atlanta. However, that court denied the motion two days ago by a 10-2 vote.
It is not clear, also, what, if any, options Florida's governor, Jeb Bush, has left and whether or not he may or may not intercede. He's talked publicly about it every day this week, and again yesterday, that he says he does not have the power now. Others contend that Jeb Bush has the ability and the authority to intercede and take custody of Terri Schiavo. The governor disagrees with that.
Much more from Florida in a moment here as we continue on this breaking story.
O'BRIEN: And the involvement of other parties is the Question of the Day this morning -- Jack.
CAFFERTY: Yes, perhaps coincidentally, perhaps not, President Bush's approval rating has declined to the lowest level of his presidency. The latest CNN/"USA Today"/Gallup poll shows this. The president's approval has dropped to 45 percent from 52 percent just a week ago. The White House declined to comment. But some independent political analysts suggest the drop may reflect opposition to the president and Congress intervening in the Schiavo matter.
The poll found the largest drop for Bush came among men, self- described conservatives, and churchgoers.
So the question this morning is this -- was it a mistake for Congress and the president to get involved in the Schiavo case? Our poll is absolutely not scientific, but we're getting many more letters suggesting it was a mistake than we are letters defending Congress and the president's actions.
Here's one from Randy: "Having been a lifelong Republican, I'm now scared silly that we've created a Republican Christian form of the Taliban. They seem to want to control the most personal thing we have, how we treat our own bodies and the lives and bodies of our loved ones."
R. in Florida writes: "Yes, there is a silent majority out there, Jack. It's not the one religious leaders have talked about for the last 15 years, it's compromised of normal, every day Americans who feel their right to determine how they live their lives is being eroded by politicians and zealots."
Christine writes: "I'm very pleased with and admire the president and the Congress for going to such extraordinary lengths to give Terri Schiavo a second chance to have her case thoroughly reviewed."
And Pat writes from Toronto: "A long time supporter of President Bush, I'm disappointed in him this time, as well as the Congress, Jeb Bush, the media and Terri's parents. They have denied this poor woman any shred of dignity and turned her dying into a circus. They should all be ashamed."
O'BRIEN: I think she's sort of nailed the point on the circus part.
CAFFERTY: Absolutely.
O'BRIEN: It really has gotten completely out of hand.
CAFFERTY: Yes.
O'BRIEN: And every time...
CAFFERTY: And the media has to get -- take some of the hit on that. I mean we, we've jumped all over this thing and have ridden it for a week now almost nonstop. So...
HEMMER: And it's going to continue because the feeding tube is not reinserted and it will be days, maybe a week longer, while she continues to live in Florida.
O'BRIEN: (UNINTELLIGIBLE).
CAFFERTY: I have a question. President Bush talked about erring on the side of life. When he was governor of Texas, how many executions happened in Texas while he was the governor down there?
HEMMER: Do you think he could have afforded not to get involved in this for the core of his constituents?
CAFFERTY: Well, I don't know, you know. They obviously made a determination, based on a whole lot of things, for him to get involved. But I just wonder about all the execution orders he signed when he was governor, about the bill that was passed in Texas that allows hospitals to disconnect machinery that keeps people alive if and when the family's ability to pay the bill runs out. In other words, the medical community can overrule family and end life in Texas based on a law that he signed while he was governor there.
To me it rings a little bit hypocritical to be suddenly talking about Terri Schiavo based on some of his past actions. That's all I'm suggesting.
HEMMER: Wasn't he the guy yesterday who said he was tired of talking about this story?
O'BRIEN: Well, you know what? We're going to keep talking about it.
CAFFERTY: I'm going home now.
HEMMER: Not yet. We've got more time here.
O'BRIEN: And we're talking more about Terri Schiavo and the disappointing news for Terri Schiavo's parents. Was this the very last legal option for the Schindlers? Reaction from supporters in Florida when we continue in a moment.
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