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CNN Live At Daybreak

Indonesia Reels From Powerful Quake; Schiavo Nearing Death

Aired March 29, 2005 - 06:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


KELLY WALLACE, CNN CORRESPONDENT: A glimpse from the air of destruction on the ground. Straight ahead on DAYBREAK, new pictures of a new disaster.
Also, a fading life and signs of approaching death -- the latest from Terri Schiavo's hospice room.

And echoes of the past. They won't be music to Michael Jackson's ears.

It is Tuesday, March 29, and you are watching DAYBREAK.

And good Tuesday morning to you.

From the Time Warner Center in New York, I'm Kelly Wallace, in today for Carol Costello.

Now in the news, at least 300 people are reported dead this morning after Monday's major earthquake off Indonesia's west coast. No reports of any quake triggered tsunamis. Aid officials are now scrambling to send relief. More details straight ahead.

Death is near -- that's what the lawyer for Terri Schiavo's husband says about the brain damaged woman. She's now in her eleventh full day without a feeding tube. But Schiavo's sister describes her as "wide awake."

An arrest in Minnesota stemming from last Monday's school shooting. Local media say it is the teenaged son of the tribal chairman. No word on why he's been arrested. The rampage left 10 dead in all, including the teen gunman.

The U.S. Supreme Court will hear arguments today in a case that tests the limits of the digital age. It will consider whether Internet file sharing services are responsible when their customers illegally copy and swap songs and movies. We'll get some insights from CNN Radio's Dick Uliano in just a few minutes.

To the Weather Center now and Chad Myers -- Chad, nice to be with you while Carol, again, filling for Soledad all this week.

CHAD MYERS, CNN METEOROLOGIST: Yes.

Thank you.

Thank you for losing sleep for our show.

WALLACE: I am losing sleep, a theme of the show.

MYERS: Exactly.

WALLACE: More on that later.

MYERS: Good morning.

Good morning, everybody.

(WEATHER REPORT)

WALLACE: Now to our top story.

Indonesia reeling this morning from another powerful earthquake. It struck along the same fault line as the December 26 earthquake and tsunami, only this one was centered about 100 miles southeast of the epicenter of the previous one and it was two to four times smaller. Seismologists say the quake was a magnitude 8.7 and struck 19 miles under the seabed. There are no reports of any tsunamis like the ones that devastated the region three months ago.

The quake did trigger several aftershocks of magnitude 5 or more. Authorities are now saying more than 300 people are dead. That death toll is expected to rise. Some 500 people are injured.

Let's find out what is being done right now to help these people.

Our Ram Ramgopal joins us live from New Delhi, India -- Ram, good to see you.

Give us a sense right now of the damage you are hearing about.

RAM RAMGOPAL, CNN CORRESPONDENT: Well, certainly, Kelly, from this part of the world, in India and in the adjoining countries, Sri Lanka, perhaps further south as Thailand, the Maldives, other countries which have seen a great deal of damage the last time around, there's no, fortunately, there's no reported damage, no loss of life. But certainly the reports we are getting from across the ocean in Indonesia are certainly speaking of deaths and property damage.

Now, the thing that many Indians are very grateful for is the fact that the tsunamis did not materialize. As you pointed out, and, in fact, the reason it appeared that many people were also warned about this, it also made them very basically ready for any eventuality. In fact, thousands and tens of thousands of people, maybe even millions of people, were evacuated from the coastlines of these countries late last night.

But the warnings were called off. And certainly there is some -- certainly there's some gratitude here that tsunamis did not strike. But the quake itself did, obviously, cause a lot of damage -- Kelly.

WALLACE: And, Ram, talk a little bit about that, how people were warned, because it did seem that warnings did get out, even though there really still isn't any kind of warning system, official warning system, in place for the Asian area, is there? RAMGOPAL: Absolutely. That's correct. In fact, there is no official warning system as yet. All these countries in the region are talking about it. Some of them have started to put these systems in place, but they have not actually started to operate.

But the reason this time it all appeared to work was, in some ways, the work of the mass media, the international TV channels. There were many people who actually watched CNN and basically called other people in the know. Governments took action on the basis of reports from these TV stations. Also, reports from the U.S. Geological Survey, from the Hawaii Center, which monitors the Pacific tsunami sort of activity. So all of these calls which were put across at lightning speed.

And, also, Kelly, if I could just say, there's one thing that people here have become sensitized to the concept of a tsunami. Three months ago, nobody knew about this word. Now, everybody is not willing to take -- certainly nobody is willing to take any chances. They basically acted quickly -- Kelly.

WALLACE: Exactly, Ram. One of those lessons, those lessons of that deadly tsunami of back in December.

Ram Ramgopal reporting live from New Delhi, India this morning. Thanks so much. We appreciate it.

And we want you to know we will be speaking with another seismologist at 6:30 on DAYBREAK. We will be talking to Gary Gibson, coming from Melbourne, Australia, talking to us more about this major earthquake yesterday.

Now to another developing story this morning, Terri Schiavo, as she lies on her deathbed in her eleventh full day without nutrition or water.

Let's go live again to our Sean Callebs at the hospice in Pinellas Park, Florida -- Sean, what do you have for us from there?

SEAN CALLEBS, CNN CORRESPONDENT: Well, in just about three hours, the Reverend Jesse Jackson is expected to be here. He is someone who has been decidedly on the side of the Schindlers, that is, Terri Schiavo's family. He has been invited here by the Schindlers. He is expected to take part in a prayer here some time after 9:30 and then make some remarks.

Now, on Monday afternoon, George Felos, the attorney for Michael Schiavo, also spoke with the media. He said he spent about an hour with Terri Schiavo on Monday and said she looked "peaceful." He described the setting as music playing in the room. There are flowers all over the room. And that a stuffed animal, a tabby cat, was underneath Terri Schiavo's arm.

He also said that her condition had worsened somewhat over the past couple of days and her eyes looked more sunken. We also know that her internal organs are beginning to fail. Urine output has, apparently, stopped, as well. But the attorney did make it clear that an autopsy would be performed once Terri Schiavo passes away.

(BEGIN VIDEO CLIP)

GEORGE FELOS, MICHAEL SCHIAVO'S ATTORNEY: Mr. Schiavo has requested the Pinellas County medical examiner to perform an autopsy on Mrs. Schiavo. He's requested this very strongly. He believes it's important to have the public know the full, the full and massive extent of the damage to Mrs. Schiavo's brain that occurred through the cardiac arrest in 1990.

(END VIDEO CLIP)

CALLEBS: And, really, that's the crux of the dispute between the Schindlers, Terri's family, and Michael Schiavo. The Schindlers believe that she is severely brain damaged, however, her situation could improve with therapy.

Also, Bob Schindler, Terri's father, is concerned that the hospice may be giving her doses of morphine in an effort to hasten death.

However, Felos, Schiavo's attorney, says that is simply not the case, that she received two small doses of morphine, one the day the feeding tube was taken out, and one on Saturday, apparently after experiencing some discomfort.

Also, Bob Schindler says it is clear that his daughter is fighting to live.

(BEGIN VIDEO CLIP)

BOB SCHINDLER, TERRI SCHIAVO'S FATHER: I just was in to see Terri. She's alive and she's fighting like hell to live and she's begging for help. She's still communicating, she's still responding. She's emaciated, but she's responsive, and she's responding to me and she's begging for help. We're begging for help. And she needs your help. She has amazing, amazing endurance.

(END VIDEO CLIP)

CALLEBS: And, once again, the police presence out here is still pretty high. More than 100 demonstrators expected to be out here today. And, Kelly, the eleventh day now, Terri Schiavo off the feeding tube, and clearly tensions are growing somewhat between the protesters and the authorities out here trying to keep the peace -- back to you.

WALLACE: I'm sure that's the case, Sean.

And we'll be checking in with you throughout the morning, watching your reports.

Sean Callebs reporting from Pinellas Park, Florida.

We appreciate it.

Other news across America now.

A New York woman was awarded more than $17 million in her lawsuit against tobacco giant Philip Morris. The woman claimed 40 years of smoking caused lung cancer and a neurological disorder. The punitive damage award is among the largest in any case against a tobacco.

BWI Airport may be getting a new name. The bill is under consideration. This bill would change it to Thurgood Marshall Baltimore-Washington International Airport. The widow of the former Supreme Court justice was among supporters on hand to try and convince the Maryland state senate to approve that bill. Marshall was a native of Baltimore.

And Chief Justice William Rehnquist was back at work hearing cases one day after returning to the hospital. Rehnquist had developed problems with his tracheotomy tube. That tube was inserted to help him breath shortly after he was diagnosed with thyroid cancer last October.

Well, the legacy of Napster has reached the Supreme Court. Today, the Court hears arguments on a file sharing case that pits Hollywood against Internet users.

For the details, we're joined by CNN Radio's Dick Uliano in Washington -- Dick, thank you for being here.

First, you have to describe to all of us who aren't so savvy what file sharing means and what is at issue in this case.

DICK ULIANO, CNN RADIO CORRESPONDENT: Kelly, good morning.

Millions of Americans, it's estimated up to eight million at one time, are sharing files over the Internet, movies and music, but mostly music, really; 75 percent of the file sharing downloading, if you will, is of music. And a lot of these people, Kelly, are not paying for it.

Now, you have legal sites like iTunes, where individuals pay, I guess it's about $0.99 for each individual song to download it and put it on your iPod. But there are other file sharing services like Grokster and Morpheus in which people go online and they download all the music they want.

Now, a lot of people consider this piracy. After all, Kelly, you know, the United States, among all the things it is, one of the things it is, it's a nation of ideas and artistic expression and people earn a living that way.

Now, the case before the Supreme Court today is "MGM v. Grokster." And what the entertainment industry is trying to do here is sue the file sharing services for their technology, over their technology, arguing that this technology is being used to do something illegal. But, on the other hand, these companies -- and they have their supporters -- say that look, you can't sue these companies for products they make simply because they're being used illegally by people to download copyrighted product.

WALLACE: Here's the thing, Dick. We know Napster was shut down, but it appears the Hollywood studios have gone to court in the lower courts at the state level, even to the appellate court. They haven't been successful. They haven't been successful.

So what makes them think that the U.S. Supreme Court will overturn these rulings?

ULIANO: Well, you know, and, Kelly, that's because this really is a rather narrow question that the Supreme Court is being asked to decide here, and that is whether the movie and music companies should be able to sue these peer to peer, these file sharing services, for the copyrighted violations of their users. In other words, somebody who uses the software for illegal purposes, do you sue the people who make the software?

And the Supreme Court had a case like this, Kelly, in 1984, Betamax. Do you remember when the VCRs first came out? And the movie companies sued Sony, saying these VCRs were being used illegally to copyright -- tape copyrighted material. And the Supreme Court at that time said look, you can't sue these companies because they make this material, because they're also used for legal purposes.

WALLACE: Dick, an interesting story. A lot of people will be following it. Many think that the future of technology could really be at stake here as we watch what the ultimate Supreme Court decides.

Dick Uliano of CNN Radio, thanks so much.

Well, moving ahead, dropped calls, billing mistakes, lousy reception -- does all of that sound familiar? Straight ahead on DAYBREAK, find out if your cell phone provider is making the grade.

Also, Michael Jackson's past won't stay buried. Prosecutors are digging it up.

And sleep tight? Not quite. We've been talking about your sleeping habits all this morning. Ahead, we'll have some data that's sure to wake you up.

But first, here's a look at what else is making news this Tuesday morning.

(COMMERCIAL BREAK)

WALLACE: Still to come, the economic data may be looking up, but high prices at the pump mean Americans aren't buying it. We'll have the latest poll numbers from Gallup.

But first, they say breakfast is the most important meal and one fast food company is stepping up to the plate with a massive, massive sandwich.

DAYBREAK will be back in just a minute.

(COMMERCIAL BREAK)

WALLACE: And welcome back.

Your news, money, weather and sports.

It's 18 minutes at this hour and here is what is all new this morning.

A strong earthquake in Indonesia has killed at least 300 people and injured as many as 500 more. But United Nations officials in the region say the damage isn't as serious as they originally thought.

Michael Schiavo's attorney says Terri Schiavo is nearing death. Her feeding tube was removed 11 days ago. Her current condition suggests that even if that tube were reinserted, it may not keep her alive.

In money, Burger King is hoping Americans want a bigger, badder breakfast. Their new omelet -- it is called the Enormous Omelet Sandwich -- flies in the face of low fat food trends, with 730 calories and 47 grams of fat.

In culture, MTV is launching a new reality series the 10-episode show follows "Seventeen" magazine's search for America's sweetheart. Auditions are this spring. The show debuts in the fall.

In sports, LeBron James led his Cleveland Cavaliers to an amazing comeback victory against the New Orleans Hornets. James scored 44 points. The Cavs erased a 17-point fourth quarter deficit, to win 109-108.

To Chad in the Weather Center in Atlanta -- Chad, about that Burger King?

MYERS: Yes.

WALLACE: ... Omelet Sandwich.

MYERS: Yes?

WALLACE: I don't know, what do you think? After eating one of those, you might need to exercise for weeks.

MYERS: I try to exercise for minutes, you know?

WALLACE: Yes, exactly.

MYERS: I'm never going to get to weeks.

(WEATHER REPORT)

WALLACE: When DAYBREAK continues, having problems with your cell phone provider? Well, you are not alone. Ahead, we'll tell you which company rings up the most complaints.

Don't go away.

We'll be right back.

(COMMERCIAL BREAK)

WALLACE: Time now for a little "Business Buzz."

So, how does your cell phone provider rank as far as customer complaint?

Carrie Lee joins us now with a look at the list.

A lot of people have a lot of complaints about their cell phones.

CARRIE LEE, CNN CORRESPONDENT: They do, everything from billing, marketing, to dropped calls. And that's what the FCC looked at in this report for the fourth quarter of last year. It was released to the media.

Cingular Wireless topped the list of the most complaints, 4.6 complaints per 100,000 calls. The FCC report, as I said, included everything from billing, marketing, service quality complaints.

TMobile USA came in second. Sprint and Nextel, which have agreed to merge, were third and fourth on the list. Verizon Wireless came in at number five, with less than one and a half complaints per 100,000 customers. This is based on customers, not calls, I should make clear.

Now, Cingular Wireless is the largest carrier now that they've merged with AT&T. They did that back in the fall, in October. Cingular has about 50 million customers. We should note, Kelly, though, that just because there's a complaint doesn't necessarily mean it's a wrongdoing by the company. But still, if you're looking to maybe change your cell phone carrier, this is good information to know.

WALLACE: Any sense of what the number one complaint usually is?

LEE: The number one complaint, I think, is dropped calls. And that's something that, of course, the wireless companies are continuing to try to build out, with their towers. So hopefully that's something that's going to improve.

WALLACE: Yes, you're on the phone and you just lose the call (UNINTELLIGIBLE)...

LEE: Especially here when you see all the skyscrapers and a lot of concrete blocking those calls.

WALLACE: Exactly.

And, Carrie, how are markets -- futures markets looking today? LEE: Looking weak once again. It looks like we could see some selling at the 9:30 bell. This after all of the major market indices gained a little bit of ground yesterday. We will get a look at consumer confidence today. Later in the week, the big Friday jobs report.

General Motors is going to be one stock to watch today, and that's because reports are saying the company will sell a portion of its GMAC lending unit for about a billion dollars. So we'll see how that stock fares today.

WALLACE: All right, watching it all for us, Carrie Lee.

Thanks so much.

LEE: OK.

WALLACE: Talk to you in the little bit.

And here is what is all ahead in the next half hour of DAYBREAK.

Almost the same size, almost the same place, but no tsunami. We'll talk to a seismologist about what made this earthquake off of Indonesia different.

Plus, a judge's ruling -- will it open the door to some skeletons in Michael Jackson's closet? Kendall Coffey joins us to talk about what the trial judge's latest ruling means for the pop star's case.

We'll be right back.

(COMMERCIAL BREAK)

WALLACE: Good Tuesday morning to you.

From the Time Warner Center in New York, I'm Kelly Wallace in today for Carol Costello.

Now in the news, we have new pictures in to CNN from Monday's earthquake in Indonesia. The estimated death toll stands at just over 300 from the 8.7 magnitude quake. We'll talk with a seismologist in just a moment.

Emotional rhetoric over Terri Schiavo. Schiavo's father says she's weak and emaciated, but communicating. Her husband's lawyer says Schiavo is calm and peaceful. Michael Schiavo says he'll seek an autopsy when his wife dies.

Fifty-nine former American diplomats are urging the Senate to reject President Bush's pick to be the next U.N. ambassador. The diplomats sent a letter to a Senate committee saying John Bolton is the wrong man for the job.

The second meeting of Iraq's transitional national assembly is finally underway, but the body still hasn't chosen a leader. Delays in naming a permanent president of the assembly has kept the body from forming a full government.

To the Weather Center in Atlanta and Chad Myers -- good morning, again, Chad.

What's it looking like for all of us today?

(WEATHER REPORT)

WALLACE: Chad, do you believe in weather affecting mood and spirit?

MYERS: Oh, of course. Lack of sunshine, absolutely. Oh, yes.

WALLACE: Yes, a lot of depressed people in the New York area over the past few months.

MYERS: Well, it was winter. Now it's getting better.

WALLACE: Yes, it was winter.

All right, Chad, talk to you in a few minutes.

MYERS: OK.

WALLACE: Thanks so much.

MYERS: Yes.

WALLACE: Turning again to our top story, Indonesia still reeling this morning from another powerful earthquake. It struck along the same fault line as the December 26 earthquake and tsunami, only this one was centered about 100 miles southeast of the epicenter of the previous one and it was two to four times smaller.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired March 29, 2005 - 06:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KELLY WALLACE, CNN CORRESPONDENT: A glimpse from the air of destruction on the ground. Straight ahead on DAYBREAK, new pictures of a new disaster.
Also, a fading life and signs of approaching death -- the latest from Terri Schiavo's hospice room.

And echoes of the past. They won't be music to Michael Jackson's ears.

It is Tuesday, March 29, and you are watching DAYBREAK.

And good Tuesday morning to you.

From the Time Warner Center in New York, I'm Kelly Wallace, in today for Carol Costello.

Now in the news, at least 300 people are reported dead this morning after Monday's major earthquake off Indonesia's west coast. No reports of any quake triggered tsunamis. Aid officials are now scrambling to send relief. More details straight ahead.

Death is near -- that's what the lawyer for Terri Schiavo's husband says about the brain damaged woman. She's now in her eleventh full day without a feeding tube. But Schiavo's sister describes her as "wide awake."

An arrest in Minnesota stemming from last Monday's school shooting. Local media say it is the teenaged son of the tribal chairman. No word on why he's been arrested. The rampage left 10 dead in all, including the teen gunman.

The U.S. Supreme Court will hear arguments today in a case that tests the limits of the digital age. It will consider whether Internet file sharing services are responsible when their customers illegally copy and swap songs and movies. We'll get some insights from CNN Radio's Dick Uliano in just a few minutes.

To the Weather Center now and Chad Myers -- Chad, nice to be with you while Carol, again, filling for Soledad all this week.

CHAD MYERS, CNN METEOROLOGIST: Yes.

Thank you.

Thank you for losing sleep for our show.

WALLACE: I am losing sleep, a theme of the show.

MYERS: Exactly.

WALLACE: More on that later.

MYERS: Good morning.

Good morning, everybody.

(WEATHER REPORT)

WALLACE: Now to our top story.

Indonesia reeling this morning from another powerful earthquake. It struck along the same fault line as the December 26 earthquake and tsunami, only this one was centered about 100 miles southeast of the epicenter of the previous one and it was two to four times smaller. Seismologists say the quake was a magnitude 8.7 and struck 19 miles under the seabed. There are no reports of any tsunamis like the ones that devastated the region three months ago.

The quake did trigger several aftershocks of magnitude 5 or more. Authorities are now saying more than 300 people are dead. That death toll is expected to rise. Some 500 people are injured.

Let's find out what is being done right now to help these people.

Our Ram Ramgopal joins us live from New Delhi, India -- Ram, good to see you.

Give us a sense right now of the damage you are hearing about.

RAM RAMGOPAL, CNN CORRESPONDENT: Well, certainly, Kelly, from this part of the world, in India and in the adjoining countries, Sri Lanka, perhaps further south as Thailand, the Maldives, other countries which have seen a great deal of damage the last time around, there's no, fortunately, there's no reported damage, no loss of life. But certainly the reports we are getting from across the ocean in Indonesia are certainly speaking of deaths and property damage.

Now, the thing that many Indians are very grateful for is the fact that the tsunamis did not materialize. As you pointed out, and, in fact, the reason it appeared that many people were also warned about this, it also made them very basically ready for any eventuality. In fact, thousands and tens of thousands of people, maybe even millions of people, were evacuated from the coastlines of these countries late last night.

But the warnings were called off. And certainly there is some -- certainly there's some gratitude here that tsunamis did not strike. But the quake itself did, obviously, cause a lot of damage -- Kelly.

WALLACE: And, Ram, talk a little bit about that, how people were warned, because it did seem that warnings did get out, even though there really still isn't any kind of warning system, official warning system, in place for the Asian area, is there? RAMGOPAL: Absolutely. That's correct. In fact, there is no official warning system as yet. All these countries in the region are talking about it. Some of them have started to put these systems in place, but they have not actually started to operate.

But the reason this time it all appeared to work was, in some ways, the work of the mass media, the international TV channels. There were many people who actually watched CNN and basically called other people in the know. Governments took action on the basis of reports from these TV stations. Also, reports from the U.S. Geological Survey, from the Hawaii Center, which monitors the Pacific tsunami sort of activity. So all of these calls which were put across at lightning speed.

And, also, Kelly, if I could just say, there's one thing that people here have become sensitized to the concept of a tsunami. Three months ago, nobody knew about this word. Now, everybody is not willing to take -- certainly nobody is willing to take any chances. They basically acted quickly -- Kelly.

WALLACE: Exactly, Ram. One of those lessons, those lessons of that deadly tsunami of back in December.

Ram Ramgopal reporting live from New Delhi, India this morning. Thanks so much. We appreciate it.

And we want you to know we will be speaking with another seismologist at 6:30 on DAYBREAK. We will be talking to Gary Gibson, coming from Melbourne, Australia, talking to us more about this major earthquake yesterday.

Now to another developing story this morning, Terri Schiavo, as she lies on her deathbed in her eleventh full day without nutrition or water.

Let's go live again to our Sean Callebs at the hospice in Pinellas Park, Florida -- Sean, what do you have for us from there?

SEAN CALLEBS, CNN CORRESPONDENT: Well, in just about three hours, the Reverend Jesse Jackson is expected to be here. He is someone who has been decidedly on the side of the Schindlers, that is, Terri Schiavo's family. He has been invited here by the Schindlers. He is expected to take part in a prayer here some time after 9:30 and then make some remarks.

Now, on Monday afternoon, George Felos, the attorney for Michael Schiavo, also spoke with the media. He said he spent about an hour with Terri Schiavo on Monday and said she looked "peaceful." He described the setting as music playing in the room. There are flowers all over the room. And that a stuffed animal, a tabby cat, was underneath Terri Schiavo's arm.

He also said that her condition had worsened somewhat over the past couple of days and her eyes looked more sunken. We also know that her internal organs are beginning to fail. Urine output has, apparently, stopped, as well. But the attorney did make it clear that an autopsy would be performed once Terri Schiavo passes away.

(BEGIN VIDEO CLIP)

GEORGE FELOS, MICHAEL SCHIAVO'S ATTORNEY: Mr. Schiavo has requested the Pinellas County medical examiner to perform an autopsy on Mrs. Schiavo. He's requested this very strongly. He believes it's important to have the public know the full, the full and massive extent of the damage to Mrs. Schiavo's brain that occurred through the cardiac arrest in 1990.

(END VIDEO CLIP)

CALLEBS: And, really, that's the crux of the dispute between the Schindlers, Terri's family, and Michael Schiavo. The Schindlers believe that she is severely brain damaged, however, her situation could improve with therapy.

Also, Bob Schindler, Terri's father, is concerned that the hospice may be giving her doses of morphine in an effort to hasten death.

However, Felos, Schiavo's attorney, says that is simply not the case, that she received two small doses of morphine, one the day the feeding tube was taken out, and one on Saturday, apparently after experiencing some discomfort.

Also, Bob Schindler says it is clear that his daughter is fighting to live.

(BEGIN VIDEO CLIP)

BOB SCHINDLER, TERRI SCHIAVO'S FATHER: I just was in to see Terri. She's alive and she's fighting like hell to live and she's begging for help. She's still communicating, she's still responding. She's emaciated, but she's responsive, and she's responding to me and she's begging for help. We're begging for help. And she needs your help. She has amazing, amazing endurance.

(END VIDEO CLIP)

CALLEBS: And, once again, the police presence out here is still pretty high. More than 100 demonstrators expected to be out here today. And, Kelly, the eleventh day now, Terri Schiavo off the feeding tube, and clearly tensions are growing somewhat between the protesters and the authorities out here trying to keep the peace -- back to you.

WALLACE: I'm sure that's the case, Sean.

And we'll be checking in with you throughout the morning, watching your reports.

Sean Callebs reporting from Pinellas Park, Florida.

We appreciate it.

Other news across America now.

A New York woman was awarded more than $17 million in her lawsuit against tobacco giant Philip Morris. The woman claimed 40 years of smoking caused lung cancer and a neurological disorder. The punitive damage award is among the largest in any case against a tobacco.

BWI Airport may be getting a new name. The bill is under consideration. This bill would change it to Thurgood Marshall Baltimore-Washington International Airport. The widow of the former Supreme Court justice was among supporters on hand to try and convince the Maryland state senate to approve that bill. Marshall was a native of Baltimore.

And Chief Justice William Rehnquist was back at work hearing cases one day after returning to the hospital. Rehnquist had developed problems with his tracheotomy tube. That tube was inserted to help him breath shortly after he was diagnosed with thyroid cancer last October.

Well, the legacy of Napster has reached the Supreme Court. Today, the Court hears arguments on a file sharing case that pits Hollywood against Internet users.

For the details, we're joined by CNN Radio's Dick Uliano in Washington -- Dick, thank you for being here.

First, you have to describe to all of us who aren't so savvy what file sharing means and what is at issue in this case.

DICK ULIANO, CNN RADIO CORRESPONDENT: Kelly, good morning.

Millions of Americans, it's estimated up to eight million at one time, are sharing files over the Internet, movies and music, but mostly music, really; 75 percent of the file sharing downloading, if you will, is of music. And a lot of these people, Kelly, are not paying for it.

Now, you have legal sites like iTunes, where individuals pay, I guess it's about $0.99 for each individual song to download it and put it on your iPod. But there are other file sharing services like Grokster and Morpheus in which people go online and they download all the music they want.

Now, a lot of people consider this piracy. After all, Kelly, you know, the United States, among all the things it is, one of the things it is, it's a nation of ideas and artistic expression and people earn a living that way.

Now, the case before the Supreme Court today is "MGM v. Grokster." And what the entertainment industry is trying to do here is sue the file sharing services for their technology, over their technology, arguing that this technology is being used to do something illegal. But, on the other hand, these companies -- and they have their supporters -- say that look, you can't sue these companies for products they make simply because they're being used illegally by people to download copyrighted product.

WALLACE: Here's the thing, Dick. We know Napster was shut down, but it appears the Hollywood studios have gone to court in the lower courts at the state level, even to the appellate court. They haven't been successful. They haven't been successful.

So what makes them think that the U.S. Supreme Court will overturn these rulings?

ULIANO: Well, you know, and, Kelly, that's because this really is a rather narrow question that the Supreme Court is being asked to decide here, and that is whether the movie and music companies should be able to sue these peer to peer, these file sharing services, for the copyrighted violations of their users. In other words, somebody who uses the software for illegal purposes, do you sue the people who make the software?

And the Supreme Court had a case like this, Kelly, in 1984, Betamax. Do you remember when the VCRs first came out? And the movie companies sued Sony, saying these VCRs were being used illegally to copyright -- tape copyrighted material. And the Supreme Court at that time said look, you can't sue these companies because they make this material, because they're also used for legal purposes.

WALLACE: Dick, an interesting story. A lot of people will be following it. Many think that the future of technology could really be at stake here as we watch what the ultimate Supreme Court decides.

Dick Uliano of CNN Radio, thanks so much.

Well, moving ahead, dropped calls, billing mistakes, lousy reception -- does all of that sound familiar? Straight ahead on DAYBREAK, find out if your cell phone provider is making the grade.

Also, Michael Jackson's past won't stay buried. Prosecutors are digging it up.

And sleep tight? Not quite. We've been talking about your sleeping habits all this morning. Ahead, we'll have some data that's sure to wake you up.

But first, here's a look at what else is making news this Tuesday morning.

(COMMERCIAL BREAK)

WALLACE: Still to come, the economic data may be looking up, but high prices at the pump mean Americans aren't buying it. We'll have the latest poll numbers from Gallup.

But first, they say breakfast is the most important meal and one fast food company is stepping up to the plate with a massive, massive sandwich.

DAYBREAK will be back in just a minute.

(COMMERCIAL BREAK)

WALLACE: And welcome back.

Your news, money, weather and sports.

It's 18 minutes at this hour and here is what is all new this morning.

A strong earthquake in Indonesia has killed at least 300 people and injured as many as 500 more. But United Nations officials in the region say the damage isn't as serious as they originally thought.

Michael Schiavo's attorney says Terri Schiavo is nearing death. Her feeding tube was removed 11 days ago. Her current condition suggests that even if that tube were reinserted, it may not keep her alive.

In money, Burger King is hoping Americans want a bigger, badder breakfast. Their new omelet -- it is called the Enormous Omelet Sandwich -- flies in the face of low fat food trends, with 730 calories and 47 grams of fat.

In culture, MTV is launching a new reality series the 10-episode show follows "Seventeen" magazine's search for America's sweetheart. Auditions are this spring. The show debuts in the fall.

In sports, LeBron James led his Cleveland Cavaliers to an amazing comeback victory against the New Orleans Hornets. James scored 44 points. The Cavs erased a 17-point fourth quarter deficit, to win 109-108.

To Chad in the Weather Center in Atlanta -- Chad, about that Burger King?

MYERS: Yes.

WALLACE: ... Omelet Sandwich.

MYERS: Yes?

WALLACE: I don't know, what do you think? After eating one of those, you might need to exercise for weeks.

MYERS: I try to exercise for minutes, you know?

WALLACE: Yes, exactly.

MYERS: I'm never going to get to weeks.

(WEATHER REPORT)

WALLACE: When DAYBREAK continues, having problems with your cell phone provider? Well, you are not alone. Ahead, we'll tell you which company rings up the most complaints.

Don't go away.

We'll be right back.

(COMMERCIAL BREAK)

WALLACE: Time now for a little "Business Buzz."

So, how does your cell phone provider rank as far as customer complaint?

Carrie Lee joins us now with a look at the list.

A lot of people have a lot of complaints about their cell phones.

CARRIE LEE, CNN CORRESPONDENT: They do, everything from billing, marketing, to dropped calls. And that's what the FCC looked at in this report for the fourth quarter of last year. It was released to the media.

Cingular Wireless topped the list of the most complaints, 4.6 complaints per 100,000 calls. The FCC report, as I said, included everything from billing, marketing, service quality complaints.

TMobile USA came in second. Sprint and Nextel, which have agreed to merge, were third and fourth on the list. Verizon Wireless came in at number five, with less than one and a half complaints per 100,000 customers. This is based on customers, not calls, I should make clear.

Now, Cingular Wireless is the largest carrier now that they've merged with AT&T. They did that back in the fall, in October. Cingular has about 50 million customers. We should note, Kelly, though, that just because there's a complaint doesn't necessarily mean it's a wrongdoing by the company. But still, if you're looking to maybe change your cell phone carrier, this is good information to know.

WALLACE: Any sense of what the number one complaint usually is?

LEE: The number one complaint, I think, is dropped calls. And that's something that, of course, the wireless companies are continuing to try to build out, with their towers. So hopefully that's something that's going to improve.

WALLACE: Yes, you're on the phone and you just lose the call (UNINTELLIGIBLE)...

LEE: Especially here when you see all the skyscrapers and a lot of concrete blocking those calls.

WALLACE: Exactly.

And, Carrie, how are markets -- futures markets looking today? LEE: Looking weak once again. It looks like we could see some selling at the 9:30 bell. This after all of the major market indices gained a little bit of ground yesterday. We will get a look at consumer confidence today. Later in the week, the big Friday jobs report.

General Motors is going to be one stock to watch today, and that's because reports are saying the company will sell a portion of its GMAC lending unit for about a billion dollars. So we'll see how that stock fares today.

WALLACE: All right, watching it all for us, Carrie Lee.

Thanks so much.

LEE: OK.

WALLACE: Talk to you in the little bit.

And here is what is all ahead in the next half hour of DAYBREAK.

Almost the same size, almost the same place, but no tsunami. We'll talk to a seismologist about what made this earthquake off of Indonesia different.

Plus, a judge's ruling -- will it open the door to some skeletons in Michael Jackson's closet? Kendall Coffey joins us to talk about what the trial judge's latest ruling means for the pop star's case.

We'll be right back.

(COMMERCIAL BREAK)

WALLACE: Good Tuesday morning to you.

From the Time Warner Center in New York, I'm Kelly Wallace in today for Carol Costello.

Now in the news, we have new pictures in to CNN from Monday's earthquake in Indonesia. The estimated death toll stands at just over 300 from the 8.7 magnitude quake. We'll talk with a seismologist in just a moment.

Emotional rhetoric over Terri Schiavo. Schiavo's father says she's weak and emaciated, but communicating. Her husband's lawyer says Schiavo is calm and peaceful. Michael Schiavo says he'll seek an autopsy when his wife dies.

Fifty-nine former American diplomats are urging the Senate to reject President Bush's pick to be the next U.N. ambassador. The diplomats sent a letter to a Senate committee saying John Bolton is the wrong man for the job.

The second meeting of Iraq's transitional national assembly is finally underway, but the body still hasn't chosen a leader. Delays in naming a permanent president of the assembly has kept the body from forming a full government.

To the Weather Center in Atlanta and Chad Myers -- good morning, again, Chad.

What's it looking like for all of us today?

(WEATHER REPORT)

WALLACE: Chad, do you believe in weather affecting mood and spirit?

MYERS: Oh, of course. Lack of sunshine, absolutely. Oh, yes.

WALLACE: Yes, a lot of depressed people in the New York area over the past few months.

MYERS: Well, it was winter. Now it's getting better.

WALLACE: Yes, it was winter.

All right, Chad, talk to you in a few minutes.

MYERS: OK.

WALLACE: Thanks so much.

MYERS: Yes.

WALLACE: Turning again to our top story, Indonesia still reeling this morning from another powerful earthquake. It struck along the same fault line as the December 26 earthquake and tsunami, only this one was centered about 100 miles southeast of the epicenter of the previous one and it was two to four times smaller.

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