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CNN Live At Daybreak
A Rare Legal Victory for Terri Schiavo's Parents; Remembering Johnnie Cochran
Aired March 30, 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 rare legal victory for Terri Schiavo's parents. But will this new appeal save their daughter's life?
And you know him from some very high profile trials. But his legacy goes far beyond the law. We'll remember Johnnie Cochran coming up.
It is Wednesday, March 30, and you are watching DAYBREAK.
And good Wednesday morning to you.
From the Time Warner Center in New York, I'm Kelly Wallace, in today for Carol Costello.
Here's something else we're working on for you this morning.
Man versus Microsoft -- a college professor says the company's grammar check program ain't where it's at.
But first, these stories now in the news.
We're waiting to hear the results of an emergency petition in the Terry Schiavo case this morning. Late last night, Schiavo's parents asked the 11th Circuit Court of Appeals 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 two hours ago. The ailing profit blessed the crowd, but was unable to speak clearly.
First Lady Laura Bush in Afghanistan today. She arrived less than four hours ago to promote education and the role of women in society. She's also meeting with U.S. troops and the Afghan president.
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 "thin."
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'll look back on his career in the next half hour.
To the Weather Center and Chad Myers -- and, Chad, everyone that talks about Johnnie Cochran talks about his role in the O.J. Simpson case...
CHAD MYERS, CNN METEOROLOGIST: Of course.
WALLACE: ... and that line, "If it doesn't fit" -- meaning that glove -- "you must acquit."
MYERS: Yes. Obviously everybody remembers him. I didn't realize he was that old. He looked so good, you know?
WALLACE: He does, yes.
MYERS: Anyway, good morning, Kelly.
(WEATHER REPORT)
WALLACE: And we're going to get started this hour with a last minute effort by Terri Schiavo's parents to save their brain damaged daughter. They say they've got a new legal argument now. But will the court agree?
Let's go straight to CNN's Sean Callebs outside Schiavo's hospice in Pinellas Park, Florida -- Sean, you're covering a lot of ground for us.
What's the latest from there?
SEAN CALLEBS, CNN CORRESPONDENT: Well, here's the filing, Kelly. It happened late last night. And the court -- the 11th Circuit Court of Appeals in Atlanta did accept this filing. Still no word on whether they will actually hear the case. And, really, it comes down to a number of key issues.
The attorneys representing the Schindlers, the family of Terri Schiavo, contend that state courts erred in earlier decisions. Michael Schiavo has said, and the courts have agreed, that Terri Schiavo had said that she simply didn't want to live with artificial life support. Well, the Schindlers are contesting that. They have been for years. And in this latest eleventh hour filing, they're saying that the court did make a mistake. So they're asking the full 12-member panel of the 11th Circuit Court of Appeals to hear this case.
It's still unknown whether that is going to happen and they would like this case to be heard en neaveau (ph), meaning basically new. They don't want to build on all the other evidence that has been considered in the state and federal rulings that basically have gone against the Schindlers over the past number of years.
Without question, a very emotional time for the Schindler family. We know that Mary Schindler, Terri's mother, has not been in the hospice the past couple of days -- simply too agonizing as she watches her daughter's condition deteriorate. Now, last night she made a plea to Michael Schiavo and his companion.
(BEGIN VIDEO CLIP)
MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: Michael and Jodie, you have your own children. Please, please give my child back to me.
(END VIDEO CLIP)
CALLEBS: A mother's plea.
We can tell you that Michael Schiavo's attorney, George Felos, has said that the legal action filed late last night is simply desperation. George Felos says that the federal courts have ruled on this before and he does not anticipate any kind of change, meaning having the feeding tube reinserted -- Kelly.
WALLACE: All right, Sean, and we'll be talking to you at the half hour.
More on this very interesting case.
Sean Callebs reporting from Pinellas Park, Florida.
We appreciate it.
For more now on what we can expect from the court, we are joined by CNN legal analyst Kendall Coffey, former U.S. attorney, as well -- Kendall Coffey, thanks for joining us this morning.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Kelly.
WALLACE: First question to you, what is the likelihood, do you believe, that the full 11th Circuit Court of Appeals will actually decide to hear this motion?
COFFEY: It's still very tough. We know that last week the court said no, although at one point it split 10-2. But what I think is, at least from the Schindlers' standpoint, is significant is at least they're allowing them to file a petition. The previous ruling just this past Friday had said that the final, final deadline on any kind of motion for rehearing would be March 26. Apparently, the 11th Circuit has decided to extend that deadline and consider whatever their new arguments may be.
WALLACE: Reading into that, Kendall Coffey, that they allowed this to be filed, what can you read into it? Does that think that there's more likelihood that they will actually agree to consider this latest emergency petition?
COFFEY: Well, it's very, very difficult to say that it's a ray of hope as opposed to an appeals court that is simply saying, look, we'll consider whatever you want to put in front of us. As we know, it is essentially a procedural argument. But, Kelly, as we know, in death row cases -- and many have compared this to basically the kind of death row case where inmates are trying to get every possible issue extended -- and here, of course, the patient is a completely innocent woman. In those kind of cases, procedural arguments are occasionally quite important, at least to getting more time.
Very hard to say whether anyone in the Schindler family should be more optimistic this morning.
WALLACE: Just talk to us a little bit about the argument by the Schindlers. They are basically, through their attorneys, saying that the previous courts have violated a Supreme Court precedent that requires them to consider the full record, not just the procedural history from the state courts.
Talk to us a little bit about the basis of that argument.
COFFEY: Yes, their argument is, in a sense, a view that the federal courts only looked at the state court judgments and opinions and what they should have looked at is all of the evidence in the record before the state courts to see if, in fact, the constitutional rights of Terri Schiavo were violated. That can be very important if, in fact, they're trying to say that there was not a sufficient basis in the evidence before the state courts to consider whether her last wishes were proven by clear and convincing evidence to be that she would want to discontinue nutrition and hydration.
Again, Kelly, it sounds like a procedural argument, but in certain kind of cases, procedural arguments can be significant.
WALLACE: All right, Kendall Coffey, we thank you for getting up early, joining us on the phone from Miami. And we will be watching to see what the court decides.
Kendall Coffey, CNN legal analyst, joining us on DAYBREAK.
More "News Across America" now.
The Supreme Court made an important ruling upholding the virtue of Title IX. The Title IX law prohibits discrimination in schools on the basis of sex. The court's opinion also holds that the law gives protection to whistleblowers that report sexual discrimination.
Alabama may reopen the investigation into the 40-year-old shooting of a civil rights demonstrator. Some say the 1965 shooting of Jimmy Lee Jackson by a state trooper led to the first march on Selma. That march, as you know, became known as Bloody Sunday. No charges were ever filed in that case.
Reverend Jerry Falwell is in critical but stable condition in a Virginia hospital. The 71-year-old Falwell is suffering from his second bout of viral pneumonia. He was hospitalized in late February for 13 days. Hospital officials say he is on a respirator, but is resting comfortably. They hope to have a clearer picture of his prognosis later today.
Well, from lawyers to celebrities to politicians, they are all remembering Johnnie Cochran on this day. The high profile lawyer died yesterday from an inoperable brain tumor. Cochran catapulted into the national spotlight with his winning defense of O.J. Simpson. His colleagues and former clients tell CNN that Cochran was a fighter in court and a friend outside court.
(BEGIN VIDEO CLIP)
CHRIS DARDEN, CNN LEGAL ANALYST: This guy had savvy and a very efficient trial lawyer. He had a tendency to do what all trial lawyers want to do, and that is command the courtroom. You know, to command the courtroom is to command the battlefield and he did it time and time again. And I don't see another Johnnie Cochran on the horizon.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
SEAN P. "DIDDY" COMBS, RAP MOGUL: He was one of the greatest lawyers, you know, in the world. I mean, that's one of the reasons why I'm able to be out here doing the positive things that I'm doing is because he fought for my innocence. He fought for my freedom. And this is the type of person he was. He stood for justice, integrity. He was such a man of grace.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP FROM CNN'S "LARRY KING LIVE")
REV. AL SHARPTON: For ordinary people, they didn't have to be a big name like P. Diddy or O.J., for ordinary people, we lost a gallant soldier, a real warrior, who was a brand name superstar for justice. And it will not be the same with Johnnie gone.
(END VIDEO CLIP)
WALLACE: Picking up on what Reverend Al Sharpton said, Cochran's family says he was most noted for celebrity cases, but he was most proud of the work he did for ordinary people.
Johnnie Cochran remembered on this day.
Well, go ahead and fill up your coffee mug, but get right back, because there is much more DAYBREAK ahead.
It is a rush against time as crews continue to sift through the rubble in hopes of finding more survivors. We'll have the latest from Indonesia in just a few minutes.
We're also looking at all the aspects of the battle over Terri Schiavo. We will examine some of the religious and spiritual issues of the case at 23 past the hour.
And a high ranking former Boy Scout official faces charges related to child pornography.
But first, here's a look at what else is making news this Wednesday morning.
(COMMERCIAL BREAK)
WALLACE: We want to take you now live to Terri Schiavo's hospice in Pinellas Park, Florida. Sean Callebs standing by -- and, Sean, we understand there is an arrest underway there.
CALLEBS: Yes, it just happened just a matter of moments ago, Kelly. It's really something that is not terribly uncommon as this process involving Terri Schiavo continues. There you see some video of the individual being led away. Apparently he went up to where the police were in front of the hospice, the driveway leading to the hospice, said that he wanted to take in some water or wanted a drink of water, then darted, made a somewhat aggressive motion.
That is when the authorities put him in handcuffs and began taking him away. And there have been dozens of arrests like this, especially over the past several days.
Without question, there is a certain degree of tension between the legions of protesters, some of whom are out here morning, noon and night, and the authorities. The police say they are doing the best they can to try and keep tempers under control. But they have certainly been taunted to a certain degree by the demonstrators out here. Many of them, or at least some of them, have been actually walking in front of them in a goose-stepping fashion, calling them fascists, Nazis.
For the most part, the police just let them go on, run their mouths, if you will. But when they do try to make that dash -- and several have -- toward the hospice, saying they want to bring Terri Schiavo water, then they have to take them into custody.
Actually, I don't know if you can see, but there's actually a police bus over in that area and they are basically taken in there. They are processed in there.
Most of them simply have been arrested for trying to take water in, but some actually arrested for resisting arrest. Some have been more violent, more angry than others. And this is not uncommon out here. And I would venture to say that is not the last arrest we will see out here -- Kelly.
WALLACE: All right, thanks, Sean.
We'll check back with you in about 15 minutes unless, of course, more developments warrant.
Sean Callebs reporting from Pinellas Park, Florida.
Much more ahead on this Wednesday edition of DAYBREAK.
We'll be right back.
(BEGIN VIDEO TAPE) UNIDENTIFIED MALE (voice-over): The top 25 technology breakthroughs that changed the world and our lives during CNN's first 25 years.
We asked experts to come up with a list.
Number 15, video games, the entertainment choice among younger generations and more profitable now than movies.
Number 14, DNA testing. Identifying the uniqueness of each person that can help reunite families or identify criminals.
Tuning in at number 13, satellite TV and radio, a better way to transmit images and sound into your home or car.
Number 12, fiber optics link the world using pulses of light to communicate over great distances, from long distance telephone calls to the Internet.
Number 11, space. Man has landed on the moon, proven there was water on Mars and an international effort has orbited a working space station. But there's still more out there.
Stay tuned as we count down to number one.
(END VIDEO TAPE)
(COMMERCIAL BREAK)
WALLACE: Some beautiful pictures of New York City on this Wednesday.
But we're going to talk about a different city, the nation's capital.
Well, if you're planning on visit the nation's capital, it looks like you'll need some extra capital. A AAA survey says it's now more expensive for tourists to visit Washington than New York or Boston. I know, hard to believe.
A family of four can expect to spend $441 a day for a trip to D.C. Rising gas and hotel prices are partly to blame. The survey says the most expensive place to visit remains Hawaii -- probably no surprise there -- at $518 a day. Washington is next, followed by Rhode Island, New York and Massachusetts.
Time now for a little "Business Buzz."
Blockbuster Video says no more lawsuit related to its no more late fees program.
Carrie Lee joins us now with more.
So what's going on here?
CARRIE LEE, CNN CORRESPONDENT: Well, the video chain giant is paying $630,000 to settle claims by 47 states that its no late fee policy was deceiving. Blockbuster is also going to refund customers who claim they were misled and charged fees.
Now, the program allows renters to keep movies for a week after the due date, but after that, they're charged for the sale price of the movie. Now, customers can still return the movie within 30 days for a refund, but then they're charged a restocking fee of $1.25.
Blockbuster is also going to have to change the way it advertises the program in the future. It doesn't have to actually change the policies, just the way they get the message across. Blockbuster is going to post notices in its stores to better explain the policies. One state not included in the settlement, though, is New Jersey. And, Kelly, they are still talking with that state.
But still, a lot of people complained about this program. You can kind of understand why.
WALLACE: Yes. I guess so. But we're talking big money here. I mean so many of us incur late fees because we just don't get that tape to the video rental store in time.
LEE: Exactly. But this is an industry that's changing. A lot of people are going to Netflix, getting their movies, DVDs, online. So they're having to rethink the way they do business and so they're continuing to tweak it.
WALLACE: Adjust to TiVo, as well.
LEE: That's right.
WALLACE: So, quickly, how are futures looking today?
LEE: Futures are looking good this morning. And I'll tell you, that would be a relief for the bulls. Yesterday we saw a lot of selling and the Nasdaq is now at a five year low, a five month low, excuse me.
One stock to watch today, Hewlett-Packard. They've named a new CEO. And that is Mark Hurd. He is the head of NCR and he's going to be taking over as of this Friday.
WALLACE: Exactly. Carly Fiorina, right, replacing her?
LEE: Replacing her.
WALLACE: So, all right...
LEE: Pretty big shoes to fill.
WALLACE: Yes, exactly.
Carrie Lee, good to see you.
LEE: OK.
WALLACE: And we'll see you again in the next half hour.
Thanks so much.
And when DAYBREAK continues here for this Wednesday, a strictly Catholic family coping with a battle between life and death. We will look at the religious questions raised in the Terry Schiavo case.
We'll be right back.
Don't go away.
(COMMERCIAL BREAK)
WALLACE: And moments from now, we'll be talking to someone, talking about the religious and spiritual issues involved in the Terry Schiavo case. Much more on that.
We'll also take you live to the -- take you live to the Florida hospice for the latest on Terri Schiavo's condition.
Also ahead, more on the disturbing story of a former Boy Scout official and charged with child pornography.
This is DAYBREAK for Wednesday.
We'll be right back.
(COMMERCIAL BREAK)
WALLACE: And some news for you now just into CNN about Pope John Paul II.
There have been reports that the pope was having some difficulties swallowing. Well, now the Associated Press reporting that the Vatican says that Pope John Paul II is now getting nutrition from a feeding tube through the nose. Also reporting the Vatican saying that the people continues "slow and progressive convalescence."
The pope made a kind of surprising appearance earlier today, appearing from his window overlooking St. Peter's Square. He didn't say anything, but he blessed the crowd.
Again, the latest in to us, this from the Associated Press, that the pope is now getting feeding through a feeding tube through the nose.
Much more on the pope, his health and all those developments as we get them here at CNN.
Turning now to another story we've been following throughout the morning here, the Terry Schiavo case. The court battles in that case have been front and center along with the anguish of the families involved. But what about the religious issues in the case?
Here's what Terri Schiavo's brother says happened when he tried to make sure his sister received the sacrament of Holy Communion yesterday.
(BEGIN VIDEO CLIP)
BOBBY SCHINDLER, TERRI SCHIAVO'S BROTHER: We were told that Michael Schiavo denied -- has denied for the hospice priest to come to the hospice and subsequently is denying Terri Holy Communion. Monsignor and I went over to visit with Terri and when we got there, there was three policemen in the room and we were told that if monsignor tried to administer Holy Communion to Terri, that he would be essentially arrested immediately.
(END VIDEO CLIP)
WALLACE: Now, Michael Schiavo's attorney says that they are all just following a court order that allows Holy Communion to take place once after the feeding tube was removed, and that happened on Easter Sunday.
Well, let's talk more about the religious issues surrounding the whole Terry Schiavo case.
Joining us now, Margaret O'Brien Steinfels.
She is co-director of Fordham University's center on religion and culture.
MARGARET O'BRIEN STEINFELS, FORDHAM UNIVERSITY: Good morning.
WALLACE: Thanks for getting up bright and early for us.
STEINFELS: Indeed.
WALLACE: Indeed.
We appreciate it.
Just talking about the significance of Holy Communion as a Catholic who may be in his or her final days, is there a significance of receiving the sacrament of communion in your final days?
STEINFELS: I certainly think it is done and that there's nothing unusual about it. I assume that she has also received the -- what is called the Sacrament of the Sick, which is a blessing and a prayer. And the blessing includes blessing with oil. And the priest often will put his hands on the head of the person, praying for their good health, if that is to be restored, or a peaceful death.
WALLACE: We also know she received last rites the day or right before her feeding tube was removed.
Describe for us, our non-Catholic viewers, what last rites are and the significance of last rites.
STEINFELS: Well, it's one of the seven sacraments recognized by the Catholic Church. It used to be called, before Vatican II, extreme unction. And I think that explains the last rites. Since the Council, I think people have taken a more positive view of the sacrament as a sacrament possibly of healing, as well, so that it's not something that is necessarily just given as somebody may lay dying, but that it is given to people when they're sick, when they might be going in for serious surgery, as a way of giving them spiritual solace.
WALLACE: We're kind of hearing conflicting things about sort of where the church stands in this case. And some of Terri Schiavo's closest supporters say that her rights as a Catholic are being violated by the removal of this feeding tube.
Is that true?
STEINFELS: Not as far as I know. I mean that is lawyer talk and her parents...
WALLACE: Speaking as a Catholic, though. Speaking as a Catholic, to have your feeding tube removed.
STEINFELS: I think that if you want to consult the Catechism of the Catholic Church, which I did this morning, paragraph --
WALLACE: Coming prepared.
STEINFELS: ... 2278 says that "burdensome, dangerous, extraordinary or disproportionate means can be discontinued," and that can be discontinued by the person themself, him or herself, or by somebody who is their legal guardian.
So in -- I think if you go by the Catechism of the Catholic Church, there is nothing that prohibits either Terri Schiavo herself, if she were conscious, or her husband, who is her legal guardian, from removing this, because I think it can be said that this is disproportionate to the outcome that is expected. She is not going to regain consciousness as far as we know. Fifteen years is a very long time.
I would guess that she actually died 15 years ago and was resuscitated. And so, you have this anomaly that modern medicine presents to us is that somebody who would have been in the grave for 15 years, in fact, has been in what doctors call a persistent vegetative state. And I don't think the family has any obligation to continue her feeding at this point in time.
WALLACE: All right. I wish we had more time, but a lot of breaking news this morning. Margaret O'Brien Steinfels, the Fordham Center on Religion and Culture. Thanks again for joining us on these important issues.
STEINFELS: Thank you.
WALLACE: We appreciate it.
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 - 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 rare legal victory for Terri Schiavo's parents. But will this new appeal save their daughter's life?
And you know him from some very high profile trials. But his legacy goes far beyond the law. We'll remember Johnnie Cochran coming up.
It is Wednesday, March 30, and you are watching DAYBREAK.
And good Wednesday morning to you.
From the Time Warner Center in New York, I'm Kelly Wallace, in today for Carol Costello.
Here's something else we're working on for you this morning.
Man versus Microsoft -- a college professor says the company's grammar check program ain't where it's at.
But first, these stories now in the news.
We're waiting to hear the results of an emergency petition in the Terry Schiavo case this morning. Late last night, Schiavo's parents asked the 11th Circuit Court of Appeals 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 two hours ago. The ailing profit blessed the crowd, but was unable to speak clearly.
First Lady Laura Bush in Afghanistan today. She arrived less than four hours ago to promote education and the role of women in society. She's also meeting with U.S. troops and the Afghan president.
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 "thin."
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'll look back on his career in the next half hour.
To the Weather Center and Chad Myers -- and, Chad, everyone that talks about Johnnie Cochran talks about his role in the O.J. Simpson case...
CHAD MYERS, CNN METEOROLOGIST: Of course.
WALLACE: ... and that line, "If it doesn't fit" -- meaning that glove -- "you must acquit."
MYERS: Yes. Obviously everybody remembers him. I didn't realize he was that old. He looked so good, you know?
WALLACE: He does, yes.
MYERS: Anyway, good morning, Kelly.
(WEATHER REPORT)
WALLACE: And we're going to get started this hour with a last minute effort by Terri Schiavo's parents to save their brain damaged daughter. They say they've got a new legal argument now. But will the court agree?
Let's go straight to CNN's Sean Callebs outside Schiavo's hospice in Pinellas Park, Florida -- Sean, you're covering a lot of ground for us.
What's the latest from there?
SEAN CALLEBS, CNN CORRESPONDENT: Well, here's the filing, Kelly. It happened late last night. And the court -- the 11th Circuit Court of Appeals in Atlanta did accept this filing. Still no word on whether they will actually hear the case. And, really, it comes down to a number of key issues.
The attorneys representing the Schindlers, the family of Terri Schiavo, contend that state courts erred in earlier decisions. Michael Schiavo has said, and the courts have agreed, that Terri Schiavo had said that she simply didn't want to live with artificial life support. Well, the Schindlers are contesting that. They have been for years. And in this latest eleventh hour filing, they're saying that the court did make a mistake. So they're asking the full 12-member panel of the 11th Circuit Court of Appeals to hear this case.
It's still unknown whether that is going to happen and they would like this case to be heard en neaveau (ph), meaning basically new. They don't want to build on all the other evidence that has been considered in the state and federal rulings that basically have gone against the Schindlers over the past number of years.
Without question, a very emotional time for the Schindler family. We know that Mary Schindler, Terri's mother, has not been in the hospice the past couple of days -- simply too agonizing as she watches her daughter's condition deteriorate. Now, last night she made a plea to Michael Schiavo and his companion.
(BEGIN VIDEO CLIP)
MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: Michael and Jodie, you have your own children. Please, please give my child back to me.
(END VIDEO CLIP)
CALLEBS: A mother's plea.
We can tell you that Michael Schiavo's attorney, George Felos, has said that the legal action filed late last night is simply desperation. George Felos says that the federal courts have ruled on this before and he does not anticipate any kind of change, meaning having the feeding tube reinserted -- Kelly.
WALLACE: All right, Sean, and we'll be talking to you at the half hour.
More on this very interesting case.
Sean Callebs reporting from Pinellas Park, Florida.
We appreciate it.
For more now on what we can expect from the court, we are joined by CNN legal analyst Kendall Coffey, former U.S. attorney, as well -- Kendall Coffey, thanks for joining us this morning.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Kelly.
WALLACE: First question to you, what is the likelihood, do you believe, that the full 11th Circuit Court of Appeals will actually decide to hear this motion?
COFFEY: It's still very tough. We know that last week the court said no, although at one point it split 10-2. But what I think is, at least from the Schindlers' standpoint, is significant is at least they're allowing them to file a petition. The previous ruling just this past Friday had said that the final, final deadline on any kind of motion for rehearing would be March 26. Apparently, the 11th Circuit has decided to extend that deadline and consider whatever their new arguments may be.
WALLACE: Reading into that, Kendall Coffey, that they allowed this to be filed, what can you read into it? Does that think that there's more likelihood that they will actually agree to consider this latest emergency petition?
COFFEY: Well, it's very, very difficult to say that it's a ray of hope as opposed to an appeals court that is simply saying, look, we'll consider whatever you want to put in front of us. As we know, it is essentially a procedural argument. But, Kelly, as we know, in death row cases -- and many have compared this to basically the kind of death row case where inmates are trying to get every possible issue extended -- and here, of course, the patient is a completely innocent woman. In those kind of cases, procedural arguments are occasionally quite important, at least to getting more time.
Very hard to say whether anyone in the Schindler family should be more optimistic this morning.
WALLACE: Just talk to us a little bit about the argument by the Schindlers. They are basically, through their attorneys, saying that the previous courts have violated a Supreme Court precedent that requires them to consider the full record, not just the procedural history from the state courts.
Talk to us a little bit about the basis of that argument.
COFFEY: Yes, their argument is, in a sense, a view that the federal courts only looked at the state court judgments and opinions and what they should have looked at is all of the evidence in the record before the state courts to see if, in fact, the constitutional rights of Terri Schiavo were violated. That can be very important if, in fact, they're trying to say that there was not a sufficient basis in the evidence before the state courts to consider whether her last wishes were proven by clear and convincing evidence to be that she would want to discontinue nutrition and hydration.
Again, Kelly, it sounds like a procedural argument, but in certain kind of cases, procedural arguments can be significant.
WALLACE: All right, Kendall Coffey, we thank you for getting up early, joining us on the phone from Miami. And we will be watching to see what the court decides.
Kendall Coffey, CNN legal analyst, joining us on DAYBREAK.
More "News Across America" now.
The Supreme Court made an important ruling upholding the virtue of Title IX. The Title IX law prohibits discrimination in schools on the basis of sex. The court's opinion also holds that the law gives protection to whistleblowers that report sexual discrimination.
Alabama may reopen the investigation into the 40-year-old shooting of a civil rights demonstrator. Some say the 1965 shooting of Jimmy Lee Jackson by a state trooper led to the first march on Selma. That march, as you know, became known as Bloody Sunday. No charges were ever filed in that case.
Reverend Jerry Falwell is in critical but stable condition in a Virginia hospital. The 71-year-old Falwell is suffering from his second bout of viral pneumonia. He was hospitalized in late February for 13 days. Hospital officials say he is on a respirator, but is resting comfortably. They hope to have a clearer picture of his prognosis later today.
Well, from lawyers to celebrities to politicians, they are all remembering Johnnie Cochran on this day. The high profile lawyer died yesterday from an inoperable brain tumor. Cochran catapulted into the national spotlight with his winning defense of O.J. Simpson. His colleagues and former clients tell CNN that Cochran was a fighter in court and a friend outside court.
(BEGIN VIDEO CLIP)
CHRIS DARDEN, CNN LEGAL ANALYST: This guy had savvy and a very efficient trial lawyer. He had a tendency to do what all trial lawyers want to do, and that is command the courtroom. You know, to command the courtroom is to command the battlefield and he did it time and time again. And I don't see another Johnnie Cochran on the horizon.
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SEAN P. "DIDDY" COMBS, RAP MOGUL: He was one of the greatest lawyers, you know, in the world. I mean, that's one of the reasons why I'm able to be out here doing the positive things that I'm doing is because he fought for my innocence. He fought for my freedom. And this is the type of person he was. He stood for justice, integrity. He was such a man of grace.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP FROM CNN'S "LARRY KING LIVE")
REV. AL SHARPTON: For ordinary people, they didn't have to be a big name like P. Diddy or O.J., for ordinary people, we lost a gallant soldier, a real warrior, who was a brand name superstar for justice. And it will not be the same with Johnnie gone.
(END VIDEO CLIP)
WALLACE: Picking up on what Reverend Al Sharpton said, Cochran's family says he was most noted for celebrity cases, but he was most proud of the work he did for ordinary people.
Johnnie Cochran remembered on this day.
Well, go ahead and fill up your coffee mug, but get right back, because there is much more DAYBREAK ahead.
It is a rush against time as crews continue to sift through the rubble in hopes of finding more survivors. We'll have the latest from Indonesia in just a few minutes.
We're also looking at all the aspects of the battle over Terri Schiavo. We will examine some of the religious and spiritual issues of the case at 23 past the hour.
And a high ranking former Boy Scout official faces charges related to child pornography.
But first, here's a look at what else is making news this Wednesday morning.
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WALLACE: We want to take you now live to Terri Schiavo's hospice in Pinellas Park, Florida. Sean Callebs standing by -- and, Sean, we understand there is an arrest underway there.
CALLEBS: Yes, it just happened just a matter of moments ago, Kelly. It's really something that is not terribly uncommon as this process involving Terri Schiavo continues. There you see some video of the individual being led away. Apparently he went up to where the police were in front of the hospice, the driveway leading to the hospice, said that he wanted to take in some water or wanted a drink of water, then darted, made a somewhat aggressive motion.
That is when the authorities put him in handcuffs and began taking him away. And there have been dozens of arrests like this, especially over the past several days.
Without question, there is a certain degree of tension between the legions of protesters, some of whom are out here morning, noon and night, and the authorities. The police say they are doing the best they can to try and keep tempers under control. But they have certainly been taunted to a certain degree by the demonstrators out here. Many of them, or at least some of them, have been actually walking in front of them in a goose-stepping fashion, calling them fascists, Nazis.
For the most part, the police just let them go on, run their mouths, if you will. But when they do try to make that dash -- and several have -- toward the hospice, saying they want to bring Terri Schiavo water, then they have to take them into custody.
Actually, I don't know if you can see, but there's actually a police bus over in that area and they are basically taken in there. They are processed in there.
Most of them simply have been arrested for trying to take water in, but some actually arrested for resisting arrest. Some have been more violent, more angry than others. And this is not uncommon out here. And I would venture to say that is not the last arrest we will see out here -- Kelly.
WALLACE: All right, thanks, Sean.
We'll check back with you in about 15 minutes unless, of course, more developments warrant.
Sean Callebs reporting from Pinellas Park, Florida.
Much more ahead on this Wednesday edition of DAYBREAK.
We'll be right back.
(BEGIN VIDEO TAPE) UNIDENTIFIED MALE (voice-over): The top 25 technology breakthroughs that changed the world and our lives during CNN's first 25 years.
We asked experts to come up with a list.
Number 15, video games, the entertainment choice among younger generations and more profitable now than movies.
Number 14, DNA testing. Identifying the uniqueness of each person that can help reunite families or identify criminals.
Tuning in at number 13, satellite TV and radio, a better way to transmit images and sound into your home or car.
Number 12, fiber optics link the world using pulses of light to communicate over great distances, from long distance telephone calls to the Internet.
Number 11, space. Man has landed on the moon, proven there was water on Mars and an international effort has orbited a working space station. But there's still more out there.
Stay tuned as we count down to number one.
(END VIDEO TAPE)
(COMMERCIAL BREAK)
WALLACE: Some beautiful pictures of New York City on this Wednesday.
But we're going to talk about a different city, the nation's capital.
Well, if you're planning on visit the nation's capital, it looks like you'll need some extra capital. A AAA survey says it's now more expensive for tourists to visit Washington than New York or Boston. I know, hard to believe.
A family of four can expect to spend $441 a day for a trip to D.C. Rising gas and hotel prices are partly to blame. The survey says the most expensive place to visit remains Hawaii -- probably no surprise there -- at $518 a day. Washington is next, followed by Rhode Island, New York and Massachusetts.
Time now for a little "Business Buzz."
Blockbuster Video says no more lawsuit related to its no more late fees program.
Carrie Lee joins us now with more.
So what's going on here?
CARRIE LEE, CNN CORRESPONDENT: Well, the video chain giant is paying $630,000 to settle claims by 47 states that its no late fee policy was deceiving. Blockbuster is also going to refund customers who claim they were misled and charged fees.
Now, the program allows renters to keep movies for a week after the due date, but after that, they're charged for the sale price of the movie. Now, customers can still return the movie within 30 days for a refund, but then they're charged a restocking fee of $1.25.
Blockbuster is also going to have to change the way it advertises the program in the future. It doesn't have to actually change the policies, just the way they get the message across. Blockbuster is going to post notices in its stores to better explain the policies. One state not included in the settlement, though, is New Jersey. And, Kelly, they are still talking with that state.
But still, a lot of people complained about this program. You can kind of understand why.
WALLACE: Yes. I guess so. But we're talking big money here. I mean so many of us incur late fees because we just don't get that tape to the video rental store in time.
LEE: Exactly. But this is an industry that's changing. A lot of people are going to Netflix, getting their movies, DVDs, online. So they're having to rethink the way they do business and so they're continuing to tweak it.
WALLACE: Adjust to TiVo, as well.
LEE: That's right.
WALLACE: So, quickly, how are futures looking today?
LEE: Futures are looking good this morning. And I'll tell you, that would be a relief for the bulls. Yesterday we saw a lot of selling and the Nasdaq is now at a five year low, a five month low, excuse me.
One stock to watch today, Hewlett-Packard. They've named a new CEO. And that is Mark Hurd. He is the head of NCR and he's going to be taking over as of this Friday.
WALLACE: Exactly. Carly Fiorina, right, replacing her?
LEE: Replacing her.
WALLACE: So, all right...
LEE: Pretty big shoes to fill.
WALLACE: Yes, exactly.
Carrie Lee, good to see you.
LEE: OK.
WALLACE: And we'll see you again in the next half hour.
Thanks so much.
And when DAYBREAK continues here for this Wednesday, a strictly Catholic family coping with a battle between life and death. We will look at the religious questions raised in the Terry Schiavo case.
We'll be right back.
Don't go away.
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WALLACE: And moments from now, we'll be talking to someone, talking about the religious and spiritual issues involved in the Terry Schiavo case. Much more on that.
We'll also take you live to the -- take you live to the Florida hospice for the latest on Terri Schiavo's condition.
Also ahead, more on the disturbing story of a former Boy Scout official and charged with child pornography.
This is DAYBREAK for Wednesday.
We'll be right back.
(COMMERCIAL BREAK)
WALLACE: And some news for you now just into CNN about Pope John Paul II.
There have been reports that the pope was having some difficulties swallowing. Well, now the Associated Press reporting that the Vatican says that Pope John Paul II is now getting nutrition from a feeding tube through the nose. Also reporting the Vatican saying that the people continues "slow and progressive convalescence."
The pope made a kind of surprising appearance earlier today, appearing from his window overlooking St. Peter's Square. He didn't say anything, but he blessed the crowd.
Again, the latest in to us, this from the Associated Press, that the pope is now getting feeding through a feeding tube through the nose.
Much more on the pope, his health and all those developments as we get them here at CNN.
Turning now to another story we've been following throughout the morning here, the Terry Schiavo case. The court battles in that case have been front and center along with the anguish of the families involved. But what about the religious issues in the case?
Here's what Terri Schiavo's brother says happened when he tried to make sure his sister received the sacrament of Holy Communion yesterday.
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BOBBY SCHINDLER, TERRI SCHIAVO'S BROTHER: We were told that Michael Schiavo denied -- has denied for the hospice priest to come to the hospice and subsequently is denying Terri Holy Communion. Monsignor and I went over to visit with Terri and when we got there, there was three policemen in the room and we were told that if monsignor tried to administer Holy Communion to Terri, that he would be essentially arrested immediately.
(END VIDEO CLIP)
WALLACE: Now, Michael Schiavo's attorney says that they are all just following a court order that allows Holy Communion to take place once after the feeding tube was removed, and that happened on Easter Sunday.
Well, let's talk more about the religious issues surrounding the whole Terry Schiavo case.
Joining us now, Margaret O'Brien Steinfels.
She is co-director of Fordham University's center on religion and culture.
MARGARET O'BRIEN STEINFELS, FORDHAM UNIVERSITY: Good morning.
WALLACE: Thanks for getting up bright and early for us.
STEINFELS: Indeed.
WALLACE: Indeed.
We appreciate it.
Just talking about the significance of Holy Communion as a Catholic who may be in his or her final days, is there a significance of receiving the sacrament of communion in your final days?
STEINFELS: I certainly think it is done and that there's nothing unusual about it. I assume that she has also received the -- what is called the Sacrament of the Sick, which is a blessing and a prayer. And the blessing includes blessing with oil. And the priest often will put his hands on the head of the person, praying for their good health, if that is to be restored, or a peaceful death.
WALLACE: We also know she received last rites the day or right before her feeding tube was removed.
Describe for us, our non-Catholic viewers, what last rites are and the significance of last rites.
STEINFELS: Well, it's one of the seven sacraments recognized by the Catholic Church. It used to be called, before Vatican II, extreme unction. And I think that explains the last rites. Since the Council, I think people have taken a more positive view of the sacrament as a sacrament possibly of healing, as well, so that it's not something that is necessarily just given as somebody may lay dying, but that it is given to people when they're sick, when they might be going in for serious surgery, as a way of giving them spiritual solace.
WALLACE: We're kind of hearing conflicting things about sort of where the church stands in this case. And some of Terri Schiavo's closest supporters say that her rights as a Catholic are being violated by the removal of this feeding tube.
Is that true?
STEINFELS: Not as far as I know. I mean that is lawyer talk and her parents...
WALLACE: Speaking as a Catholic, though. Speaking as a Catholic, to have your feeding tube removed.
STEINFELS: I think that if you want to consult the Catechism of the Catholic Church, which I did this morning, paragraph --
WALLACE: Coming prepared.
STEINFELS: ... 2278 says that "burdensome, dangerous, extraordinary or disproportionate means can be discontinued," and that can be discontinued by the person themself, him or herself, or by somebody who is their legal guardian.
So in -- I think if you go by the Catechism of the Catholic Church, there is nothing that prohibits either Terri Schiavo herself, if she were conscious, or her husband, who is her legal guardian, from removing this, because I think it can be said that this is disproportionate to the outcome that is expected. She is not going to regain consciousness as far as we know. Fifteen years is a very long time.
I would guess that she actually died 15 years ago and was resuscitated. And so, you have this anomaly that modern medicine presents to us is that somebody who would have been in the grave for 15 years, in fact, has been in what doctors call a persistent vegetative state. And I don't think the family has any obligation to continue her feeding at this point in time.
WALLACE: All right. I wish we had more time, but a lot of breaking news this morning. Margaret O'Brien Steinfels, the Fordham Center on Religion and Culture. Thanks again for joining us on these important issues.
STEINFELS: Thank you.
WALLACE: We appreciate it.
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