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CNN Live At Daybreak

Schiavo Appeal; Legal Legacy

Aired March 30, 2005 - 5:00   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.


(BEGIN VIDEO CLIP)
MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: Please, please give my child back to me.

(END VIDEO CLIP)

KELLY WALLACE, CNN ANCHOR: A mother's desperate plea and a last- minute legal appeal. Straight ahead on DAYBREAK, the battle over Terri Schiavo is not over yet.

Also, a whirlwind trip for the first lady. Laura Bush goes a long way in a short time.

And cheers at the Vatican. Thousands of worshipers get what they've been waiting for.

It is Wednesday, March 30th, and this is DAYBREAK.

Good Wednesday morning to you. From the Time Warner Center in New York, I'm Kelly Wallace, in today for Carol Costello. Here are some stories "Now in the News."

An emergency petition in the Terri Schiavo case is before a federal appeals court this morning. Late last night, Schiavo's parents asked all 12 judges on the court to take a fresh look at the case. A three-judge panel previously rejected the parents' appeals. A live report straight ahead.

A new glimpse of the pope this morning. Thousands of pilgrims cheered as John Paul II briefly appeared at his Vatican window just about an hour ago. The ailing pontiff blessed the crowd but was unable to speak clearly.

Laura Bush arrived in Afghanistan just a few hours ago. The first lady is spending just about five hours in the country. She's visiting with women training to be teachers and with American troops.

There will be fewer detainees at the U.S. prison camp for terror suspects. The Pentagon is releasing 38 inmates from the Guantanamo Bay Naval Base in Cuba. Authorities call the cases against them "sins."

A brilliant lawyer and a tough fighter, that's how friends and colleagues are remembering Johnnie Cochran Jr. He is dead at the age of 67 from a brain tumor. We will look back on his career straight ahead. To the Weather Center and Chad Myers.

Good morning, Chad. Very sad news about Johnnie Cochran yesterday.

CHAD MYERS, CNN METEOROLOGIST: I saw that on the wires and I couldn't believe it. And I'm thinking to myself, how old is this guy? I didn't actually even realize he was in his 60s. He was so -- you know, he was so vivacious, he was so vibrant, you know.

WALLACE: What a career.

MYERS: Yes.

WALLACE: And we'll be talking about that throughout the day.

MYERS: Oh, very good.

(WEATHER REPORT)

WALLACE: Chad, we saw something rare in New York City yesterday afternoon.

MYERS: The sun.

WALLACE: Sunshine.

MYERS: Wow.

WALLACE: Sunshine. Ah, it was great. Hopefully more on the way.

MYERS: We will.

WALLACE: Thanks, Chad.

MYERS: OK.

WALLACE: We'll talk to you in a few minutes.

And now to our top story. A new legal twist this morning in the Terri Schiavo case. Another last-minute effort is underway to save the brain-damaged woman who is now in her 12th full day without a feeding tube.

Let's go straight to CNN's Sean Callebs outside Schiavo's hospice in Pinellas Park, Florida.

I know it's been a long night for you, Sean. What is the essence of this last-minute appeal?

SEAN CALLEBS, CNN CORRESPONDENT: Well, you're exactly right, this appeal did come in late on Tuesday night. Here it is. And they are -- the Schindler family, the family of Terri Schiavo, is asking the full 12 members of the U.S. District Court of Appeals in Atlanta to hear this case. And that is significant. You mentioned at the top of the program over the past week a three-judge panel in that same court turned down, or actually ruled against the Schindler family in two significant appeals very late in this case. And really this argument, the legal argument that's coming up, really cuts to the heart of the case.

Now, Michael Schiavo has contended, and courts have upheld, that Terri Schiavo told him that she did not want to live with artificial life support. Well, this is a legal challenge to that, basically saying that Terri Schiavo's due process has been violated, that there simply wasn't enough evidence presented that Terri Schiavo did actually say that, that she would not want to live with the aid of a feeding tube or artificial life support.

So the 11th Circuit of Appeals has agreed to take this filing. The full 12-judge panel has not agreed yet to hear the case. We presume that some kind of decision on that will be made in the not- too-distant future considering that time is certainly of the essence.

Also, because this is a hearing that certainly would take some time if the court agrees, the legal team for the Schindler family is asking that the feeding tube be reinserted. Now, Dr. Sanjay Gupta, CNN's chief medical correspondent, has said, think about all the information that has come out.

Apparently, Terri's urine output has stopped. And because she has been a full 12 days, in a matter of hours she'll move into the 13th day without the feeding tube, then they'd actually be too late even if that feeding tube was reinstated. And that is something certainly that is weighing on the family.

A very emotional day for the family. And we actually heard Mary Schindler come out and make an emotion plea to Michael Schiavo last night.

(BEGIN VIDEO CLIP)

SCHINDLER: Michael and Jodi, you have your own children. Please, please give my child back to me.

(END VIDEO CLIP)

CALLEBS: And one other important fact we should point out, Kelly, as well. Under Florida law, if one member of a married couple becomes incapacitated, Florida law dictates that the spouse will speak for that incapacitated member. And that is what the courts have upheld. But certainly the Schindlers are challenging that. They are holding out hope that perhaps at this 11th hour some decision could be made to reinsert the feeding tube -- Kelly.

WALLACE: Sean, I know this all happened late last night, but any chance that you've been able to talk to any legal types to get any sense at all if the full 11th Circuit Court of Appeals will actually hear this motion and have a hearing on this matter?

CALLEBS: Very difficult to say. I mean, I'm sure you could find people on both sides of that saying there are certainly good reasons that are spelled out in this filing. But also, let's take into consideration that a number of appeals have already come through that court, and they have all basically been turned down or ruled against the Schindler family.

WALLACE: All right. Sean Callebs, we'll be talking to you throughout the morning here on DAYBREAK, reporting from Pinellas Park, Florida. Thanks so much.

First lady Laura Bush is stepping into this issue. She has been commenting on the Terri Schiavo case. She left from Andrews Air Force Base in Maryland and arrived in Afghanistan just about two hours ago.

The first lady is visiting women's projects and meeting with Afghan President Hamid Karzai. Plus, she's having dinner with U.S. troops before returning from a five-hour visit.

During her flight over, the first lady talked about the difficulties of the Terri Schiavo case.

(BEGIN VIDEO CLIP)

LAURA BUSH, FIRST LADY: I'm not surprised over the debate because I think it's an issue that, you know, everyone is concerned about and interested in. But I'm sorry for the family that it has to be so public, because it's such a very, very difficult time for them and for everyone who watches Terri.

Well, I don't know. I think you have to -- you know, I just feel like the federal government has to be involved. It's a life issue that really does require that the government be involved.

(END VIDEO CLIP)

WALLACE: The first lady there talking on the plane as she was traveling to Afghanistan.

Polls show most Americans think the government should not have gotten involved.

More now on the death of attorney Johnnie Cochran, who died at his home in Los Angeles. He had been suffering from an inoperable brain tumor. Cochran, as you know, is best known for his work in the O.J. Simpson case. But as CNN's Aaron Brown reports, that was just a small part of his very accomplished legal career.

(BEGIN VIDEOTAPE)

AARON BROWN, CNN CORRESPONDENT (voice-over): At his best -- and in the courtroom he was at his best -- Johnnie Cochran was as smooth as silk.

JOHNNIE COCHRAN, ATTORNEY: He said that truth forever on the scaffold wrong forever on the throne.

BROWN: A hugely successful trial attorney, Cochran became a legal legend when he took the case of O.J. Simpson, a case that looked like a slam-dunk conviction and turned into a quick acquittal.

COCHRAN: It makes no sense. It doesn't fit. If it doesn't fit, you must acquit.

BROWN: Both praised and vilified for his work in the Simpson case, Cochran often said he hoped that one line would not become his epitaph. And it's true that Simpson was just one of his celebrity clients. He took a turn as Michael Jackson's lawyer, and the rapper Puff Daddy's too. But Cochran used to say his best work was not for the O.J.s, but for the No J.s, the unknowns.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Johnnie Cochran was a serious civil rights lawyer his entire career. The fight against police discrimination and abuse was a constant from when he was in his 20s to when he was in his 60s.

BROWN: Cochran first became a champion of those victims of police violence in the early '60s, and 30 years later he was still taking on the LAPD. This time for failing to protect Reginald Denny, a white truck driver beaten by a black mob during the 1991 riots in Los Angeles, riots that began after the acquittal of the police officers accused of beating Rodney King.

ALAN DERSHOWITZ, LAWYER: Johnnie was great because he knew what he didn't know. He knew that he was not a law lawyer, he was a fact lawyer. He was perfectly willing to use other lawyers and to take a back seat.

BROWN: A native of Louisiana, he said his family helped give him the steadfastness that helped ensure his success. He grew up for the most part in Los Angeles and started his career as a deputy city attorney before going into private practice.

When O.J. Simpson heard of Cochran's death, he released this statement to CNN. Said Simpson, "I loved him as a good Christian man. I look at Johnnie as a great Christian. I knew him as that. He was a great guy."

BARRY SCHECK, THE INNOCENCE PROJECT: What you saw in some ways is what you got in the private life. He was a charming, caring, great friend. He was loyal to people. He would treat, you know, the doorman, a taxi driver, anybody the same way that he would treat a judge, a president.

BROWN: The world came to know a very public Johnnie Cochran. At times, he seemed to be on TV somewhere all the time. Mr. Cochran was 67 when he died of a brain tumor privately at his home in Los Angeles.

Aaron Brown, CNN, New York.

(END VIDEOTAPE)

WALLACE: Johnnie Cochran remembered on this day.

More news "Across America" now. A former high-ranking Boy Scout official is expected in a Fort Worth, Texas, courtroom today to answer child pornography charges. Federal investigators say they found explicit images of children on the computer of Douglas Smith Jr. Boy Scout leaders say Smith was in an administrative position and did not have direct contact with any scouts.

A 7-year-old boy was killed after he and his family were hit by a car as they left Disneyland in Anaheim, California. Two other children remain hospitalized. Police questioned the teenage driver, but say it could be months before any charges are filed.

Police in Gallup, New Mexico, don't believe race was the motive in the brutal attack of a Hispanic man on Easter morning. The 32- year-old man was found in a parking lot after he had been tied to the back of a vehicle and dragged for nearly a mile. He is in critical condition.

And the Space Shuttle Discovery is on the move. The shuttle was taken to a new hangar where its external fuel tanks will be attached. Discovery is scheduled to launch May 15. It will be the first shuttle mission since Columbia broke apart more than two years ago.

And now to a man with a mission, a man who's going up against Microsoft. A professor at the University of Washington says the software giant's grammar check program needs a revision. Sandeep Krishnamurthy says he found out about the flaw after a student turned in a paper filled with grammatical errors.

It turned out the student used the software to check for mistakes. Microsoft says people shouldn't expect perfect grammatical advice from their computers because the artificial intelligence needed to make that happen isn't available.

OK. Well, here's the sentence that really, really sent the professor over the edge. Here it is. "Microsoft the company should big improve Word grammar check." He ran it through the program and it got the A-OK.

Chad, that's even hard to say.

MYERS: It is. And I'm worried about that word "big" obviously. It's almost like there should be some -- maybe an adverb in there rather than the word "big." I'm not sure how that's going to work, but that certainly -- that shouldn't have gone by grammar check, I'm sure.

WALLACE: I don't think so. Well, take a look at this one.

MYERS: Me do good weather bad, big.

WALLACE: Yes, good weather bad. I don't know. Right.

Well, look at this one. I don't know if this one's any better. "Devlin also seem eerie of the fact that we are evading there homes and wildlife." MYERS: Yes.

WALLACE: Pretty amazing there.

MYERS: Is "Devlin" plural?

WALLACE: Yes.

MYERS: It seems...

WALLACE: It just is not -- not -- again, tough to say. Definitely not grammatically correct.

MYERS: It doesn't seem it.

WALLACE: Here's the thing, Chad. The professor says the program is especially ineffective for students in English as a second language classes, which is where he got that example. So we're going to talk to the professor in the next hour of DAYBREAK.

MYERS: Here's -- go ahead.

WALLACE: And Chad, I wanted to tell you how he found this out. He gave the student very poor grades for a paper, and the student said, "Excuse me, professor. I put this through the Microsoft grammar check." And that's when he really was up in arms.

MYERS: A Microsoft spokesman said, "The best way to ensure grammar and the correct way is to pay attention in school."

WALLACE: Nothing like learning the real thing, exactly.

All right. We want to hear from you on this topic. Computer grammar software. Is it beneficial or bogus? Let us know what you think at DAYBREAK@CNN.com. Chad and I will be going through your e- mails throughout the next two hours here on DAYBREAK.

Coming up next here, do you know someone who struggles with being thin, like Terri Schiavo, who was believed to be bulimic? Just ahead, we'll examine the long-term health effects an eating disorder can have and how to recognize warning signs if someone you love is in danger.

Jesse Jackson joining the fray outside Terri Schiavo's hospice. And that has him making some strange alliances. We'll explain just ahead.

Plus, they scratched, the numbers matched, but there was no happy ending for these lottery players. We'll tell you why just ahead.

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

(COMMERCIAL BREAK)

WALLACE: And welcome back. The international markets are all lower this morning. Tokyo's Nikkei is down by almost 34 points. The London FTSE slipped nearly 16. And the German DAX is lower by 18.

Your news, money, weather and sports -- it's about 19 minutes after the hour, and here is what is all new this morning.

A federal appeals court in Atlanta agrees to accept a motion by Terri Schiavo's parents. The attorney for Bob and Mary Schindler say they have an issue that has not been raised before. We'll have details from our Sean Callebs at the half-hour.

Reverend Jerry Falwell is back in the hospital to a recurrence of viral pneumonia. The 71-year-old Falwell is critical but stable. Doctors say they hope to have a better grasp on his prognosis later today.

In money, shares of Hewlett-Packard stock jumped 10 percent after the company announced that Mark Hurd taking over as CEO. Hurd leads business machine maker NCR.

In culture, Vice President Dick Cheney's daughter Mary, who is openly gay, is writing her memoirs. That's Mary on the right there. Her book will be published by a subdivision of Simon & Schuster, run by Republican strategist Mary Matalin.

In sports, St. Joseph's is going to the finals of the NIT Tournament. St. Joe's beat Memphis to reach the finals of college basketball's other tournament, the one other than the NCAA. They'll play South Carolina on Thursday.

To Chad now in Atlanta.

Chad, did you watch the game yesterday?

MYERS: You know, the NIT and I -- aye, aye, aye. If you...

WALLACE: NCAA kind of guy.

MYERS: If 65 teams isn't enough, then, you know, OK.

WALLACE: Who can keep track of it all?

MYERS: Exactly.

(WEATHER REPORT)

WALLACE: Well, enjoy the nice weather while we have it. Thanks, Chad.

And later here on DAYBREAK, could an eating disorder have caused Terri Schiavo's heart attack? We'll take a look at the serious health issues caused by bulimia and anorexia.

You're watching DAYBREAK for Wednesday, March 30th. We'll be right back. (COMMERCIAL BREAK)

WALLACE: We know you could use a laugh this early in the morning.

Chad, you could use one right?

MYERS: Because you probably weren't up late enough to hear these guys.

WALLACE: I know. We never get to hear them. So that's the best thing. We'll listen to them on tape.

Well, Jay Leno is keeping his eye on the Michael Jackson trial. Another strange goings on in the news. Take a listen.

(BEGIN VIDEO CLIP)

JAY LENO, "THE TONIGHT SHOW": Well, as you know, we are down to the final four people who still think Michael could be innocent.

(LAUGHTER)

Not looking good. Well, as you know, yesterday the judge in the Jackson case ruled that other kids allegedly molested by Michael will be allowed to testify. You thought this was a long trial before, oh my god. This is going to be the million kid march by the time this...

Well, the Wendy's Corporation announced that their chili sales are down due to some kind of problem. They say they just can't seem to put their finger on it. They have no idea.

(END VIDEO CLIP)

WALLACE: You know...

MYERS: They couldn't put their thumb on it.

WALLACE: Yes, you know. I didn't love the second one. The first one was pretty good.

MYERS: It was.

WALLACE: What do you think?

MYERS: It was pretty funny.

WALLACE: All right. Well, it put a smile on her face. Time now, Chad, for our DAYBREAK "Eye Opener."

This baby harp seal found itself far, far away from home. It seems the little guy swam up river and through a small brook before ending up about 25 miles inland from Mount Hope Bay off Massachusetts.

MYERS: Oh.

WALLACE: He was found sleeping in someone's front yard. Experts say it's likely the seal, Chad, was just following food.

MYERS: Either that or he thought he was a salmon and he was going upstream.

WALLACE: Good point.

MYERS: Identity crisis.

WALLACE: Well, here's one about Rose Palmieri (ph). She knew exactly what she wanted to do on her 100th birthday. After her friends sang "Happy Birthday," there Rose is hitting the lanes in Schenectady, New York. After all, it was league night.

Rose celebrated her birthday, Chad, by topping her age. She bowled a 124.

MYERS: It's always great to bowl your age.

WALLACE: Yes, exactly. One hundred years old. Wow. Congratulations to her.

MYERS: That's awesome.

WALLACE: And here's a little known "Star Wars" fact. Darth Vader loves M&Ms. The candy company has introduced a new dark chocolate version of the old favorite to celebrate the release of the final "Star Wars" movie. Get it, dark chocolate for the dark side?

The candies hit store shelves this weekend. The movie comes out May 18.

Chad, our colleagues here aren't impressed with that one.

MYERS: Save me.

WALLACE: And finally, used car giant CarMax has a new concept for California. It's commissioned five specially-designed cars with paint jobs done by popular Los Angeles artists. The cars will tour L.A. for a few months before being donated to charity.

MYERS: I love some of the cars that you see like on, I don't know, HGTV or Travel Channel, whatever, and they have all these little things glued to the car. All these Smurfs -- there's like a million Smurfs on the car.

WALLACE: What happened to just plain old blue, I guess? Not in. All right, Chad. But I hear we're getting some very, very good e- mails to our question.

MYERS: We are. People are not impressed by the lack of this grammar software. They think, "If you're blaming grammar software you -- in fact, you should get a failing grade." That's from Theresa in Massachusetts.

WALLACE: Well, I have this one from Buddy Lee in Tulsa, Oklahoma. He says, "I think it's a copout to blame the computer software. Shouldn't the student read over and review their work and edit as necessary? I think this is a totally bogus complaint. The professor should be ashamed."

Anything else you see there, Chad?

MYERS: Erin (ph) in Colorado Springs says, "As bad as Microsoft's track record is in the first place with customer service, it's not their job to perfect a poorly-written paper. As a programmer myself, I know how ridiculously time-consuming it would be to code the perfect English language into a Word program."

WALLACE: You know, Chad, looking over it, it seems most people are really saying that Microsoft shouldn't be blamed here, that all of us should do a better job with grammar.

This is from Hugh in Ottawa, Canada. He says, "I think it's absurd to put all the responsibility for literacy on Microsoft. I have never thought of the software tool as an aid, a flag for me to reconsider something that I may not have done well. It is not unusual for me to overrule or decide to ignore the suggestions, but I happen to like the manner of expression. A good education the best solution to the need for good expression."

So keep those e-mails coming, DAYBREAK@CNN.com. Computers' grammar software, beneficial or bogus? We want to hear from you.

And we will have much more ahead on DAYBREAK. Stay with us. We'll be right back.

(COMMERCIAL BREAK)

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


Aired March 30, 2005 - 5:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: Please, please give my child back to me.

(END VIDEO CLIP)

KELLY WALLACE, CNN ANCHOR: A mother's desperate plea and a last- minute legal appeal. Straight ahead on DAYBREAK, the battle over Terri Schiavo is not over yet.

Also, a whirlwind trip for the first lady. Laura Bush goes a long way in a short time.

And cheers at the Vatican. Thousands of worshipers get what they've been waiting for.

It is Wednesday, March 30th, and this is DAYBREAK.

Good Wednesday morning to you. From the Time Warner Center in New York, I'm Kelly Wallace, in today for Carol Costello. Here are some stories "Now in the News."

An emergency petition in the Terri Schiavo case is before a federal appeals court this morning. Late last night, Schiavo's parents asked all 12 judges on the court to take a fresh look at the case. A three-judge panel previously rejected the parents' appeals. A live report straight ahead.

A new glimpse of the pope this morning. Thousands of pilgrims cheered as John Paul II briefly appeared at his Vatican window just about an hour ago. The ailing pontiff blessed the crowd but was unable to speak clearly.

Laura Bush arrived in Afghanistan just a few hours ago. The first lady is spending just about five hours in the country. She's visiting with women training to be teachers and with American troops.

There will be fewer detainees at the U.S. prison camp for terror suspects. The Pentagon is releasing 38 inmates from the Guantanamo Bay Naval Base in Cuba. Authorities call the cases against them "sins."

A brilliant lawyer and a tough fighter, that's how friends and colleagues are remembering Johnnie Cochran Jr. He is dead at the age of 67 from a brain tumor. We will look back on his career straight ahead. To the Weather Center and Chad Myers.

Good morning, Chad. Very sad news about Johnnie Cochran yesterday.

CHAD MYERS, CNN METEOROLOGIST: I saw that on the wires and I couldn't believe it. And I'm thinking to myself, how old is this guy? I didn't actually even realize he was in his 60s. He was so -- you know, he was so vivacious, he was so vibrant, you know.

WALLACE: What a career.

MYERS: Yes.

WALLACE: And we'll be talking about that throughout the day.

MYERS: Oh, very good.

(WEATHER REPORT)

WALLACE: Chad, we saw something rare in New York City yesterday afternoon.

MYERS: The sun.

WALLACE: Sunshine.

MYERS: Wow.

WALLACE: Sunshine. Ah, it was great. Hopefully more on the way.

MYERS: We will.

WALLACE: Thanks, Chad.

MYERS: OK.

WALLACE: We'll talk to you in a few minutes.

And now to our top story. A new legal twist this morning in the Terri Schiavo case. Another last-minute effort is underway to save the brain-damaged woman who is now in her 12th full day without a feeding tube.

Let's go straight to CNN's Sean Callebs outside Schiavo's hospice in Pinellas Park, Florida.

I know it's been a long night for you, Sean. What is the essence of this last-minute appeal?

SEAN CALLEBS, CNN CORRESPONDENT: Well, you're exactly right, this appeal did come in late on Tuesday night. Here it is. And they are -- the Schindler family, the family of Terri Schiavo, is asking the full 12 members of the U.S. District Court of Appeals in Atlanta to hear this case. And that is significant. You mentioned at the top of the program over the past week a three-judge panel in that same court turned down, or actually ruled against the Schindler family in two significant appeals very late in this case. And really this argument, the legal argument that's coming up, really cuts to the heart of the case.

Now, Michael Schiavo has contended, and courts have upheld, that Terri Schiavo told him that she did not want to live with artificial life support. Well, this is a legal challenge to that, basically saying that Terri Schiavo's due process has been violated, that there simply wasn't enough evidence presented that Terri Schiavo did actually say that, that she would not want to live with the aid of a feeding tube or artificial life support.

So the 11th Circuit of Appeals has agreed to take this filing. The full 12-judge panel has not agreed yet to hear the case. We presume that some kind of decision on that will be made in the not- too-distant future considering that time is certainly of the essence.

Also, because this is a hearing that certainly would take some time if the court agrees, the legal team for the Schindler family is asking that the feeding tube be reinserted. Now, Dr. Sanjay Gupta, CNN's chief medical correspondent, has said, think about all the information that has come out.

Apparently, Terri's urine output has stopped. And because she has been a full 12 days, in a matter of hours she'll move into the 13th day without the feeding tube, then they'd actually be too late even if that feeding tube was reinstated. And that is something certainly that is weighing on the family.

A very emotional day for the family. And we actually heard Mary Schindler come out and make an emotion plea to Michael Schiavo last night.

(BEGIN VIDEO CLIP)

SCHINDLER: Michael and Jodi, you have your own children. Please, please give my child back to me.

(END VIDEO CLIP)

CALLEBS: And one other important fact we should point out, Kelly, as well. Under Florida law, if one member of a married couple becomes incapacitated, Florida law dictates that the spouse will speak for that incapacitated member. And that is what the courts have upheld. But certainly the Schindlers are challenging that. They are holding out hope that perhaps at this 11th hour some decision could be made to reinsert the feeding tube -- Kelly.

WALLACE: Sean, I know this all happened late last night, but any chance that you've been able to talk to any legal types to get any sense at all if the full 11th Circuit Court of Appeals will actually hear this motion and have a hearing on this matter?

CALLEBS: Very difficult to say. I mean, I'm sure you could find people on both sides of that saying there are certainly good reasons that are spelled out in this filing. But also, let's take into consideration that a number of appeals have already come through that court, and they have all basically been turned down or ruled against the Schindler family.

WALLACE: All right. Sean Callebs, we'll be talking to you throughout the morning here on DAYBREAK, reporting from Pinellas Park, Florida. Thanks so much.

First lady Laura Bush is stepping into this issue. She has been commenting on the Terri Schiavo case. She left from Andrews Air Force Base in Maryland and arrived in Afghanistan just about two hours ago.

The first lady is visiting women's projects and meeting with Afghan President Hamid Karzai. Plus, she's having dinner with U.S. troops before returning from a five-hour visit.

During her flight over, the first lady talked about the difficulties of the Terri Schiavo case.

(BEGIN VIDEO CLIP)

LAURA BUSH, FIRST LADY: I'm not surprised over the debate because I think it's an issue that, you know, everyone is concerned about and interested in. But I'm sorry for the family that it has to be so public, because it's such a very, very difficult time for them and for everyone who watches Terri.

Well, I don't know. I think you have to -- you know, I just feel like the federal government has to be involved. It's a life issue that really does require that the government be involved.

(END VIDEO CLIP)

WALLACE: The first lady there talking on the plane as she was traveling to Afghanistan.

Polls show most Americans think the government should not have gotten involved.

More now on the death of attorney Johnnie Cochran, who died at his home in Los Angeles. He had been suffering from an inoperable brain tumor. Cochran, as you know, is best known for his work in the O.J. Simpson case. But as CNN's Aaron Brown reports, that was just a small part of his very accomplished legal career.

(BEGIN VIDEOTAPE)

AARON BROWN, CNN CORRESPONDENT (voice-over): At his best -- and in the courtroom he was at his best -- Johnnie Cochran was as smooth as silk.

JOHNNIE COCHRAN, ATTORNEY: He said that truth forever on the scaffold wrong forever on the throne.

BROWN: A hugely successful trial attorney, Cochran became a legal legend when he took the case of O.J. Simpson, a case that looked like a slam-dunk conviction and turned into a quick acquittal.

COCHRAN: It makes no sense. It doesn't fit. If it doesn't fit, you must acquit.

BROWN: Both praised and vilified for his work in the Simpson case, Cochran often said he hoped that one line would not become his epitaph. And it's true that Simpson was just one of his celebrity clients. He took a turn as Michael Jackson's lawyer, and the rapper Puff Daddy's too. But Cochran used to say his best work was not for the O.J.s, but for the No J.s, the unknowns.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Johnnie Cochran was a serious civil rights lawyer his entire career. The fight against police discrimination and abuse was a constant from when he was in his 20s to when he was in his 60s.

BROWN: Cochran first became a champion of those victims of police violence in the early '60s, and 30 years later he was still taking on the LAPD. This time for failing to protect Reginald Denny, a white truck driver beaten by a black mob during the 1991 riots in Los Angeles, riots that began after the acquittal of the police officers accused of beating Rodney King.

ALAN DERSHOWITZ, LAWYER: Johnnie was great because he knew what he didn't know. He knew that he was not a law lawyer, he was a fact lawyer. He was perfectly willing to use other lawyers and to take a back seat.

BROWN: A native of Louisiana, he said his family helped give him the steadfastness that helped ensure his success. He grew up for the most part in Los Angeles and started his career as a deputy city attorney before going into private practice.

When O.J. Simpson heard of Cochran's death, he released this statement to CNN. Said Simpson, "I loved him as a good Christian man. I look at Johnnie as a great Christian. I knew him as that. He was a great guy."

BARRY SCHECK, THE INNOCENCE PROJECT: What you saw in some ways is what you got in the private life. He was a charming, caring, great friend. He was loyal to people. He would treat, you know, the doorman, a taxi driver, anybody the same way that he would treat a judge, a president.

BROWN: The world came to know a very public Johnnie Cochran. At times, he seemed to be on TV somewhere all the time. Mr. Cochran was 67 when he died of a brain tumor privately at his home in Los Angeles.

Aaron Brown, CNN, New York.

(END VIDEOTAPE)

WALLACE: Johnnie Cochran remembered on this day.

More news "Across America" now. A former high-ranking Boy Scout official is expected in a Fort Worth, Texas, courtroom today to answer child pornography charges. Federal investigators say they found explicit images of children on the computer of Douglas Smith Jr. Boy Scout leaders say Smith was in an administrative position and did not have direct contact with any scouts.

A 7-year-old boy was killed after he and his family were hit by a car as they left Disneyland in Anaheim, California. Two other children remain hospitalized. Police questioned the teenage driver, but say it could be months before any charges are filed.

Police in Gallup, New Mexico, don't believe race was the motive in the brutal attack of a Hispanic man on Easter morning. The 32- year-old man was found in a parking lot after he had been tied to the back of a vehicle and dragged for nearly a mile. He is in critical condition.

And the Space Shuttle Discovery is on the move. The shuttle was taken to a new hangar where its external fuel tanks will be attached. Discovery is scheduled to launch May 15. It will be the first shuttle mission since Columbia broke apart more than two years ago.

And now to a man with a mission, a man who's going up against Microsoft. A professor at the University of Washington says the software giant's grammar check program needs a revision. Sandeep Krishnamurthy says he found out about the flaw after a student turned in a paper filled with grammatical errors.

It turned out the student used the software to check for mistakes. Microsoft says people shouldn't expect perfect grammatical advice from their computers because the artificial intelligence needed to make that happen isn't available.

OK. Well, here's the sentence that really, really sent the professor over the edge. Here it is. "Microsoft the company should big improve Word grammar check." He ran it through the program and it got the A-OK.

Chad, that's even hard to say.

MYERS: It is. And I'm worried about that word "big" obviously. It's almost like there should be some -- maybe an adverb in there rather than the word "big." I'm not sure how that's going to work, but that certainly -- that shouldn't have gone by grammar check, I'm sure.

WALLACE: I don't think so. Well, take a look at this one.

MYERS: Me do good weather bad, big.

WALLACE: Yes, good weather bad. I don't know. Right.

Well, look at this one. I don't know if this one's any better. "Devlin also seem eerie of the fact that we are evading there homes and wildlife." MYERS: Yes.

WALLACE: Pretty amazing there.

MYERS: Is "Devlin" plural?

WALLACE: Yes.

MYERS: It seems...

WALLACE: It just is not -- not -- again, tough to say. Definitely not grammatically correct.

MYERS: It doesn't seem it.

WALLACE: Here's the thing, Chad. The professor says the program is especially ineffective for students in English as a second language classes, which is where he got that example. So we're going to talk to the professor in the next hour of DAYBREAK.

MYERS: Here's -- go ahead.

WALLACE: And Chad, I wanted to tell you how he found this out. He gave the student very poor grades for a paper, and the student said, "Excuse me, professor. I put this through the Microsoft grammar check." And that's when he really was up in arms.

MYERS: A Microsoft spokesman said, "The best way to ensure grammar and the correct way is to pay attention in school."

WALLACE: Nothing like learning the real thing, exactly.

All right. We want to hear from you on this topic. Computer grammar software. Is it beneficial or bogus? Let us know what you think at DAYBREAK@CNN.com. Chad and I will be going through your e- mails throughout the next two hours here on DAYBREAK.

Coming up next here, do you know someone who struggles with being thin, like Terri Schiavo, who was believed to be bulimic? Just ahead, we'll examine the long-term health effects an eating disorder can have and how to recognize warning signs if someone you love is in danger.

Jesse Jackson joining the fray outside Terri Schiavo's hospice. And that has him making some strange alliances. We'll explain just ahead.

Plus, they scratched, the numbers matched, but there was no happy ending for these lottery players. We'll tell you why just ahead.

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

(COMMERCIAL BREAK)

WALLACE: And welcome back. The international markets are all lower this morning. Tokyo's Nikkei is down by almost 34 points. The London FTSE slipped nearly 16. And the German DAX is lower by 18.

Your news, money, weather and sports -- it's about 19 minutes after the hour, and here is what is all new this morning.

A federal appeals court in Atlanta agrees to accept a motion by Terri Schiavo's parents. The attorney for Bob and Mary Schindler say they have an issue that has not been raised before. We'll have details from our Sean Callebs at the half-hour.

Reverend Jerry Falwell is back in the hospital to a recurrence of viral pneumonia. The 71-year-old Falwell is critical but stable. Doctors say they hope to have a better grasp on his prognosis later today.

In money, shares of Hewlett-Packard stock jumped 10 percent after the company announced that Mark Hurd taking over as CEO. Hurd leads business machine maker NCR.

In culture, Vice President Dick Cheney's daughter Mary, who is openly gay, is writing her memoirs. That's Mary on the right there. Her book will be published by a subdivision of Simon & Schuster, run by Republican strategist Mary Matalin.

In sports, St. Joseph's is going to the finals of the NIT Tournament. St. Joe's beat Memphis to reach the finals of college basketball's other tournament, the one other than the NCAA. They'll play South Carolina on Thursday.

To Chad now in Atlanta.

Chad, did you watch the game yesterday?

MYERS: You know, the NIT and I -- aye, aye, aye. If you...

WALLACE: NCAA kind of guy.

MYERS: If 65 teams isn't enough, then, you know, OK.

WALLACE: Who can keep track of it all?

MYERS: Exactly.

(WEATHER REPORT)

WALLACE: Well, enjoy the nice weather while we have it. Thanks, Chad.

And later here on DAYBREAK, could an eating disorder have caused Terri Schiavo's heart attack? We'll take a look at the serious health issues caused by bulimia and anorexia.

You're watching DAYBREAK for Wednesday, March 30th. We'll be right back. (COMMERCIAL BREAK)

WALLACE: We know you could use a laugh this early in the morning.

Chad, you could use one right?

MYERS: Because you probably weren't up late enough to hear these guys.

WALLACE: I know. We never get to hear them. So that's the best thing. We'll listen to them on tape.

Well, Jay Leno is keeping his eye on the Michael Jackson trial. Another strange goings on in the news. Take a listen.

(BEGIN VIDEO CLIP)

JAY LENO, "THE TONIGHT SHOW": Well, as you know, we are down to the final four people who still think Michael could be innocent.

(LAUGHTER)

Not looking good. Well, as you know, yesterday the judge in the Jackson case ruled that other kids allegedly molested by Michael will be allowed to testify. You thought this was a long trial before, oh my god. This is going to be the million kid march by the time this...

Well, the Wendy's Corporation announced that their chili sales are down due to some kind of problem. They say they just can't seem to put their finger on it. They have no idea.

(END VIDEO CLIP)

WALLACE: You know...

MYERS: They couldn't put their thumb on it.

WALLACE: Yes, you know. I didn't love the second one. The first one was pretty good.

MYERS: It was.

WALLACE: What do you think?

MYERS: It was pretty funny.

WALLACE: All right. Well, it put a smile on her face. Time now, Chad, for our DAYBREAK "Eye Opener."

This baby harp seal found itself far, far away from home. It seems the little guy swam up river and through a small brook before ending up about 25 miles inland from Mount Hope Bay off Massachusetts.

MYERS: Oh.

WALLACE: He was found sleeping in someone's front yard. Experts say it's likely the seal, Chad, was just following food.

MYERS: Either that or he thought he was a salmon and he was going upstream.

WALLACE: Good point.

MYERS: Identity crisis.

WALLACE: Well, here's one about Rose Palmieri (ph). She knew exactly what she wanted to do on her 100th birthday. After her friends sang "Happy Birthday," there Rose is hitting the lanes in Schenectady, New York. After all, it was league night.

Rose celebrated her birthday, Chad, by topping her age. She bowled a 124.

MYERS: It's always great to bowl your age.

WALLACE: Yes, exactly. One hundred years old. Wow. Congratulations to her.

MYERS: That's awesome.

WALLACE: And here's a little known "Star Wars" fact. Darth Vader loves M&Ms. The candy company has introduced a new dark chocolate version of the old favorite to celebrate the release of the final "Star Wars" movie. Get it, dark chocolate for the dark side?

The candies hit store shelves this weekend. The movie comes out May 18.

Chad, our colleagues here aren't impressed with that one.

MYERS: Save me.

WALLACE: And finally, used car giant CarMax has a new concept for California. It's commissioned five specially-designed cars with paint jobs done by popular Los Angeles artists. The cars will tour L.A. for a few months before being donated to charity.

MYERS: I love some of the cars that you see like on, I don't know, HGTV or Travel Channel, whatever, and they have all these little things glued to the car. All these Smurfs -- there's like a million Smurfs on the car.

WALLACE: What happened to just plain old blue, I guess? Not in. All right, Chad. But I hear we're getting some very, very good e- mails to our question.

MYERS: We are. People are not impressed by the lack of this grammar software. They think, "If you're blaming grammar software you -- in fact, you should get a failing grade." That's from Theresa in Massachusetts.

WALLACE: Well, I have this one from Buddy Lee in Tulsa, Oklahoma. He says, "I think it's a copout to blame the computer software. Shouldn't the student read over and review their work and edit as necessary? I think this is a totally bogus complaint. The professor should be ashamed."

Anything else you see there, Chad?

MYERS: Erin (ph) in Colorado Springs says, "As bad as Microsoft's track record is in the first place with customer service, it's not their job to perfect a poorly-written paper. As a programmer myself, I know how ridiculously time-consuming it would be to code the perfect English language into a Word program."

WALLACE: You know, Chad, looking over it, it seems most people are really saying that Microsoft shouldn't be blamed here, that all of us should do a better job with grammar.

This is from Hugh in Ottawa, Canada. He says, "I think it's absurd to put all the responsibility for literacy on Microsoft. I have never thought of the software tool as an aid, a flag for me to reconsider something that I may not have done well. It is not unusual for me to overrule or decide to ignore the suggestions, but I happen to like the manner of expression. A good education the best solution to the need for good expression."

So keep those e-mails coming, DAYBREAK@CNN.com. Computers' grammar software, beneficial or bogus? We want to hear from you.

And we will have much more ahead on DAYBREAK. Stay with us. We'll be right back.

(COMMERCIAL BREAK)

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