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New Appeal in Schiavo Case; Johnnie Cochran Dies of Brain Tumor; Boy Scouts Leader Charged with Pornography

Aired March 30, 2005 - 10:00   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.


CAROL COSTELLO, CNN CO-ANCHOR: Daryn and Rick standing by at the CNN Center in Atlanta to take you through the next few hours.
RICK SANCHEZ, CNN CO-ANCHOR: And among other things...

COSTELLO: Cal Ripen, Jr., huh?

SANCHEZ: Among other things, you know what you're going to learn if you watch this show today?

COSTELLO: What?

DARYN KAGAN, CNN CO-ANCHOR: What?

SANCHEZ: How to hit an outside curve ball.

BILL HEMMER, CNN ANCHOR: Cool.

COSTELLO: Loving that.

SANCHEZ: From the vest. Cal Ripken.

COSTELLO: Cal Ripken!

KAGAN: Cal Ripken, jr.

SANCHEZ: That's right.

KAGAN: Had a nice little chat with him and his brother Billy.

SANCHEZ: They're buds now.

KAGAN: Yes.

SANCHEZ: Thank, guys.

KAGAN: Right, now let's take a look at what's happening now in the news.

Terri Schiavo's parents are awaiting a ruling on whether her case will receive another hearing. An appeals court in Atlanta has agreed to consider their request. Terri Schiavo's feeding tube was removed on her husband's request on March 18.

The Vatican has announced that Pope John Paul II is receiving nutrition from a nasal feeding tube. A spokesman describes the 84- year-old pontiff's recovery as slow and progressive. A short time before the announcement, the pope appeared at the window and blessed the crowd.

Christian conservative leader Jerry Falwell is in critical condition this morning with the same viral pneumonia that hospitalized him a month ago. Reverend Falwell suffered respiratory arrest on Monday night and is now breathing with the help of a respirator. He's said to be clinically stable but still critically ill.

The 71 year old founder of the Moral Majority and Liberty University has opposed the removal of Terri Schiavo's feeding tube and said his living will ensures that he not face the same fate.

President Bush is en route to Cedar Rapids, Iowa, this hour. He's going to stump for Social Security reform. He will speak at the town hall meeting to promote his plan to allow younger workers to create personal accounts. Critics of the president's plan staged a rally yesterday against that plan and at the state house.

Good morning. Thanks for joining us. I'm Daryn Kagan.

SANCHEZ: And I'm Rick Sanchez. A glimmer of hope for the parents of Terri Schiavo. A federal appeals court has allowed their lawyer to file an emergency petition. But this moves comes with Terri Schiavo's condition worsening. She is now in the 13-day without her feeding tube.

CNN's Elizabeth Cohen, she is outside the 11-Court of Appeals in Atlanta. And our Bob Franken is outside Schiavo's hospice there in Florida. Let's begin with Elizabeth.

What are you learning this morning, Elizabeth?

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT (voice-over): Rick, the Schindlers have filed appeals to this court before, but in this petition they say this time is different. They say in the past, they were only arguing procedural questions, basically the procedural history of this case. But they say now they have arguments that the court should actually do a review of all of the facts involved in the case. This is a very different argument.

They say that if this court, or another court that was ordered by this court looked at the evidence, it would show that Terri Schiavo would want to continue living in the state that she is in. Several Florida courts in fact have found that she would not want to live in the state that she is in, given what she told her family and her friends before she actually went into this state.

Now, the 11-Circuit has not actually said that they will hear this. All they did was said the parents could actually file this petition. They have not decided if they will hear it. The lawyers for the parents are saying that they think it should be heard by all 12 lawyers, not just by the three layers who reviewed it previously -- Rick.

SANCHEZ: All right. Thanks so much, Elizabeth, for following up on that story. We'll be checking back with you throughout the day -- Daryn.

KAGAN: Meanwhile, our Bob Franken has been covering the Schiavo story for days. He's outside her Pinellas Park, Florida hospice. Let's go to him.

Bob, good morning.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning. The thing that's important in that court filing is that this is a frantic effort to come up with an emergency order, that would somehow, somehow get the judges to have the feeding tube reconnected. In the filing it says, "Absent a TRO," temporary restraining order, "Terri Schiavo will surely die." So, Daryn, it's as simple as that.

KAGAN: Bob, has this latest slight development at the 11-Circuit Court of Appeals changed the mood down there with the protesters outside the hospice?

FRANKEN: The mood has probably changed from despair to resignation. What I'm saying is that nobody here is optimistic. But until this new development people here had pretty much given up, whether they say so or not. So now there is that glimmer of hope, although if you look very closely, it is only a glimmer.

KAGAN: And this is about the time of day when we usually see the arrests starting to happen and the protests kicking up a little bit. Any sign of that today, Bob?

FRANKEN: Well, actually we had an early bird this morning. And he may be in more trouble than the others. He tried to get in with the water. He was told he would be arrested for trespassing. As the police officer reached to grab him, he smacked his arm. Add to that a charge for assault on a police officer.

KAGAN: All right. Bob Franken live from Pinellas Park. Thank you.

SANCHEZ: Here's another part of the story. First Lady Laura Bush says the federal government was right to have intervened on behalf of Terri Schiavo. Mrs. Bush was asked about the Schiavo case while she was on a plane flight to Afghanistan.

(BEGIN VIDEO CLIP)

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

(END VIDEO CLIP)

SANCHEZ: Mrs. Bush stopped in Afghanistan today. She visited women training to become teachers. Met with the Afghan President Hamid Karzai and also had dinner with the U.S. troops at the Bagram Air Base. Famed attorney Johnnie Cochran became a household name during his successful defense of O.J. Simpson. We all have that imprinted in our minds it seems. Then later he would say it was not the Simpson, rather the anonymous No J's who were his most important clients. Cochran died yesterday of a brain tumor. He was 67 years old. CNN's Aaron Brown has his story as well as his legacy.

(BEGIN VIDEOTAPE)

JOHNNIE COCHRAN, LATE DEFENSE ATTORNEY: You have the power in your...

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

COCHRAN: 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: If it doesn't fit, you must acquit.

BROWN: Both praised and vilified for his work in the Simpson case, Cochran often said he hope 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, HARVARD LAW SCHOOL: Johnny 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 the 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 Johnny as a great Christian. I knew him as that. He was a great guy."

BARR 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 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 Johnny 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)

KAGAN: In other news this morning, a man with a 39-year career as an official with the Boy Scouts is right now in court on child pornography charges. This is video of Douglas Smith. He arrived at the Fort Worth Courthouse just a few minutes ago.

Our Ed Lavandera is covering the case from Texas.

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN CORRESPONDENT (voice-over): Douglas Smith junior's 39-year career with the Boy Scouts came to an abrupt end in late February. Just a few days after the Boy Scouts learned the high- ranking Scout leader had been implicated in an international child pornography investigation.

RICHARD ROPER, U.S. ATTORNEY: He surrendered last week. Is anticipated he will be entering a guilty plea.

LAVANDERA: Smith's attorney refused to confirm whether the former Boy Scout leader will plead guilty to the one charge, accusing him of receiving and distributing sexually explicit Internet photographs of minors.

Federal authorities say Smith's name first surfaced in a child pornography investigation in Germany. Authorities there alerted Washington late last year.

JOHN CLARK, DEPT. OF HOMELAND SECURITY: They found that somebody on the Internet was distributing child pornography. And they came to us to say, you know, this is somebody we have seen that's in your area of responsibility. You might want to follow up on it, which we did.

LAVANDERA: The Boy Scouts say they are shocked. And that in his job as national program director Smith did not work directly with young people? Smith is refusing to answer questions about the charge. But his attorney says it's completely unrelated to the work he's done with the Boy Scouts. CNN has learned that Smith's office computer was confiscated but investigators won't say if it's providing relevant information. His home computers also were taken a few weeks ago.

Smith is an Eagle Scout who years ago also worked as a scout leader. Last September, in a letter to the editor of the "Corporate Legal Times" magazine, Smith defended the values and mission of the Boy Scouts saying, quote, "Some intolerant elements in our society want to force Scouting to abandon it's values that helped shape the character of the 106 million young men."

If convicted, Smith could face up to 20 years in prison.

Ed Lavandera, CNN, Dallas.

(END VIDEOTAPE)

KAGAN: Now for the latest on Pope John Paul II's health. The Holy Father is being fed by a nasal tube. That tube was inserted today. Earlier John Paul II appeared from a window overlooking St. Peter's Square.

Our senior medical correspondent Dr. Sanjay Gupta here to talk about this new development.

So this is a nasal tube as opposed to the one that is going directly into the stomach that we've heard about with Terri Schiavo.

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: Right. We have been talking so much about the gastric tube, which requires an operation to actually put it directly into the stomach wall. Let me show you, a picture is worth a thousand words here. This is the type of tube that we're talking about here. It's called a Dobhoff feeding tube. It's pretty thin there and you can see it's very pliable. There's no operation necessary to actually put this in.

You actually with someone awake, they actually put this into the nose here of my trusty model. And directly it goes down through the esophagus and ends up here in the stomach. So this is a stomach feeding tube but it doesn't require surgery going through the nose and done while the patient is awake.

You know, one thing I was going to point out as well, we have a couple of these high-energy drinks. When someone is not getting enough calories, typically they give something like an Ensure or Boost Plus. Something like that, which was probably what was happening with the pope not getting enough calories. They put this feeding tube in now.

KAGAN: Now, the pope as was reported has a lot of medical issues going on including the tracheotomy that's still in place. Is that a complication when you're trying to do something like this?

GUPTA: No. You know, it's interesting. We thought about that. He had the tracheotomy done a while ago. He probably had some difficulty swallowing. You and I talked about this, not just because of the tracheotomy but also because of his Parkinson's disease.

Probably what's going on now is he has been eating but just not enough. He's older, a lot of times people who are getting older do not have as much hunger. In addition with that, with the difficulty swallowing, probably not getting enough calories.

So they say this is a temporary measure, which it is. This Dobhoff feeding tube, it doesn't need to stay in. It can just be taken out the same way that it went in. But if he continues not to get enough calories they may have to actually perform the operation that we have been talking so much about with Terri Schiavo.

KAGAN: Could you get more that way because it's a thicker tube or...

GUPTA: You don't get more in necessarily. This is just becomes irritating in the nose and the nasal passages after a while. So you don't want to leave it in there for a long period of time. This is much more comfortable for somebody. But again, that is an operation.

KAGAN: And a surgery and anesthesia.

GUPTA: That's right.

KAGAN: Any other complications with this that they need to worry about?

GUPTA: Probably not. Biggest concern with something like this is over feeding. Actually he would actually have some regurgitation, possibly cause a pneumonia. That's been the biggest concern with the pope for some time. It remains a concern. But this is a fairly safe procedure. It's done every day. Lots of them. He should do fine with it.

KAGAN: And probably getting even more attention just because so much has been focused on the Schiavo case.

GUPTA: That's right. Feeding tube, a very different feeding tube. A feeding tube of a very generic term. This is different.

KAGAN: Dr. Sanjay Gupta, thank you.

SANCHEZ: They have stood in the streets. They have chanted her name. But are they really there for Terri Schiavo's benefit? Still to come, protesters with different agendas. We're going to be going behind the scenes in Pinellas Park to take a look.

Plus, finding hope in the rubble of Indonesia. The story straight ahead.

SANCHEZ: And then later, thieves at a scientific museum and you won't believe what they made off with. Tales of this bizarre story when CNN LIVE TODAY continues.

(COMMERCIAL BREAK)

KAGAN: Big mistake.

SANCHEZ: What's that?

KAGAN: Spending even one minute indoors in Atlanta, Georgia.

SANCHEZ: Oh, wasn't it pretty?

KAGAN: Yes. Gorgeous day.

SANCHEZ: It's amazing when you live in this part of the country because it goes from one day it feels like winter. The next day it's summer.

KAGAN: Right. Beautiful.

SANCHEZ: One day.

KAGAN: Jacqui Jeras here to tell us more.

(WEATHER REPORT)

SANCHEZ: Who could ask for more? Thanks so much, Jacqui. Appreciate it.

KAGAN: Makes you think about baseball. We're going to talk baseball just ahead from the diamond to the airwaves. The Ripken Brothers are now taking on a new venture. Up next, I'll talk with them about that. And we'll get their take on the baseball steroid scandal.

SANCHEZ: How could you talk to them without asking them about that?

And Gerri Willis, we're going to get her take on not steroids but taxes, right?

GERRI WILLIS, CNN-FN PERSONAL FINANCE EDITOR: That's right, Rick. Spring means baseball. It means taxes. We'll tell you how to save some money when CNN LIVE TODAY continues.

(COMMERCIAL BREAK)

SANCHEZ: Oh the taxman, he surely comes. Does he not? The IRS filing looms very large over two weeks away. But that still allows plenty of time to try to pair down your liability. So today's "Top Five Tips" are all about deductions for all of those of you who are thinking about doing a little deducting this time of the year.

CNN's personal finance editor Gerri Willis joins us with her list. Did I just make up a word? May be.

(LAUGHTER)

Gerri, shop until you drop your taxes. You start us there, right? WILLIS: You bet. This is the first year that you can deduct either your state income tax or your state sales tax. This is a very big deal. Particularly, Rick, say you bought a private jet this past year or something, right?

SANCHEZ: Mm-hmm.

WILLIS: If you spent a lot of money, you may be in a position to get a big tax deduction. Particularly if you are from one of the states that has no state income tax, like Nevada, South Dakota, Tennessee, Texas, Washington, Wyoming, Alaska and Florida. This could be a very good thing for you. Keep it in mind if you want more details. Irs.gov has the details.

SANCHEZ: Yes. That private jet that I bought, right? Make your gifts count, you say. Right?

WILLIS: Exactly. If you are giving money to charitable entities, you have to -- it benefits you to tell the federal government you are doing it. Of course, you have to have receipts to prove it, obviously. But there's a little twist this year, Rick. Essentially, the feds are saying that if you gave to the tsunami relief program by January 31, 2005 this year, you can actually take the deduction from that month in your 2004 taxes. That's a little additional benefit that you typically don't get.

SANCHEZ: You also say work it from home.

WILLIS: A lot of people are working from home these days. If you start the day in your fuzzy pink slippers and end that way, there may be a big fat deduction for you. The home office deduction. Here's what you need to know. You have to have a specific place in your house set aside for your home office. You have to be able to prove it. That's how the deduction works.

It's pretty complicated. A lot of people are afraid of using this deduction but I've got to tell you, it can make a very big difference to you. Again, irs.gov you can find the Form 8829. Work through it. It will make a big difference to you.

SANCHEZ: Boy, you've got me completely figured out today with the plane and now the fuzzy, pink slippers.

(LAUGHTER)

SANCHEZ: You say take your medicine

WILLIS: Well, if you had very big medical costs this year. If you were really sick, maybe in the hospital, this is a year you want to think about taking a deduction for that. Which you can deduct those costs if they are over 7.5 percent of the adjusted gross income. Now, that's a very big bill for many people.

But if you are almost to that line, but not quite, don't forget to deduct other health care costs, like eyeglass, driving to the doctor, what you pay in gas, quit smoking program you can also deduct that. Important to keep in mind if you have a lot of physical problems this year.

SANCHEZ: And aha! Finally time for the very careful, the very careful when it comes to being a little too creative with Uncle Sam, right?

WILLIS: You know, a lot of accounts out there will push you to be creative. Sometimes people will just make up stuff on their own. It's always a bad idea. The IRS is watching. And what's more, if they don't get you this year for what you did, they may come back two years from now, three years from now and say hey, we just figured this out. You have a problem.

Keep in mind some things can be deductible. For example, in some cases, you can deduct your kids -- the money you give your kids for working in an at home business. But otherwise, you are going to have to be very careful indeed. Irs.gov is a great place to go if you want to know exactly what is safe to deduct.

SANCHEZ: How about exotic dancers, deducting breast implants?

(LAUGHTER)

WILLIS: You know what? Hey have done it and it has worked as a business expense, believe it or not. But don't think for a minute that you can get away with deducting any costs for cosmetic surgery. It's just not going to happen for most of us.

SANCHEZ: Thanks, appreciate it.

WILLIS: Unless you become an exotic dancer.

SANCHEZ: Well, these slippers are OK though. Gerri as usual, look forward to seeing you tomorrow.

WILLIS: Thank you.

SANCHEZ: All right.

KAGAN: Breaking news that will be of great interest to older Americans out there. This news from the Supreme Court. The High Court ruling that older workers are allowed to sue for age discrimination. There's actually two parts of this. They are allowed to sue. It also holds employers accountable even if the employer never intended any harm. We're going to have a lot more on this Supreme Court decision just ahead.

SANCHEZ: And still to come on CNN LIVE TODAY, they all have a cause. They all have an agenda. They all have a mission. But is it anything to do with Terri Schiavo and her case? Coming up, we're going to go behind the scene of some of the protests and protesters in Pinellas Park.

Plus, more help is on the way for the victims of Indonesia's latest earthquake. Details later when CNN's LIVE TODAY rolls on.

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 - 10:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN CO-ANCHOR: Daryn and Rick standing by at the CNN Center in Atlanta to take you through the next few hours.
RICK SANCHEZ, CNN CO-ANCHOR: And among other things...

COSTELLO: Cal Ripen, Jr., huh?

SANCHEZ: Among other things, you know what you're going to learn if you watch this show today?

COSTELLO: What?

DARYN KAGAN, CNN CO-ANCHOR: What?

SANCHEZ: How to hit an outside curve ball.

BILL HEMMER, CNN ANCHOR: Cool.

COSTELLO: Loving that.

SANCHEZ: From the vest. Cal Ripken.

COSTELLO: Cal Ripken!

KAGAN: Cal Ripken, jr.

SANCHEZ: That's right.

KAGAN: Had a nice little chat with him and his brother Billy.

SANCHEZ: They're buds now.

KAGAN: Yes.

SANCHEZ: Thank, guys.

KAGAN: Right, now let's take a look at what's happening now in the news.

Terri Schiavo's parents are awaiting a ruling on whether her case will receive another hearing. An appeals court in Atlanta has agreed to consider their request. Terri Schiavo's feeding tube was removed on her husband's request on March 18.

The Vatican has announced that Pope John Paul II is receiving nutrition from a nasal feeding tube. A spokesman describes the 84- year-old pontiff's recovery as slow and progressive. A short time before the announcement, the pope appeared at the window and blessed the crowd.

Christian conservative leader Jerry Falwell is in critical condition this morning with the same viral pneumonia that hospitalized him a month ago. Reverend Falwell suffered respiratory arrest on Monday night and is now breathing with the help of a respirator. He's said to be clinically stable but still critically ill.

The 71 year old founder of the Moral Majority and Liberty University has opposed the removal of Terri Schiavo's feeding tube and said his living will ensures that he not face the same fate.

President Bush is en route to Cedar Rapids, Iowa, this hour. He's going to stump for Social Security reform. He will speak at the town hall meeting to promote his plan to allow younger workers to create personal accounts. Critics of the president's plan staged a rally yesterday against that plan and at the state house.

Good morning. Thanks for joining us. I'm Daryn Kagan.

SANCHEZ: And I'm Rick Sanchez. A glimmer of hope for the parents of Terri Schiavo. A federal appeals court has allowed their lawyer to file an emergency petition. But this moves comes with Terri Schiavo's condition worsening. She is now in the 13-day without her feeding tube.

CNN's Elizabeth Cohen, she is outside the 11-Court of Appeals in Atlanta. And our Bob Franken is outside Schiavo's hospice there in Florida. Let's begin with Elizabeth.

What are you learning this morning, Elizabeth?

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT (voice-over): Rick, the Schindlers have filed appeals to this court before, but in this petition they say this time is different. They say in the past, they were only arguing procedural questions, basically the procedural history of this case. But they say now they have arguments that the court should actually do a review of all of the facts involved in the case. This is a very different argument.

They say that if this court, or another court that was ordered by this court looked at the evidence, it would show that Terri Schiavo would want to continue living in the state that she is in. Several Florida courts in fact have found that she would not want to live in the state that she is in, given what she told her family and her friends before she actually went into this state.

Now, the 11-Circuit has not actually said that they will hear this. All they did was said the parents could actually file this petition. They have not decided if they will hear it. The lawyers for the parents are saying that they think it should be heard by all 12 lawyers, not just by the three layers who reviewed it previously -- Rick.

SANCHEZ: All right. Thanks so much, Elizabeth, for following up on that story. We'll be checking back with you throughout the day -- Daryn.

KAGAN: Meanwhile, our Bob Franken has been covering the Schiavo story for days. He's outside her Pinellas Park, Florida hospice. Let's go to him.

Bob, good morning.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning. The thing that's important in that court filing is that this is a frantic effort to come up with an emergency order, that would somehow, somehow get the judges to have the feeding tube reconnected. In the filing it says, "Absent a TRO," temporary restraining order, "Terri Schiavo will surely die." So, Daryn, it's as simple as that.

KAGAN: Bob, has this latest slight development at the 11-Circuit Court of Appeals changed the mood down there with the protesters outside the hospice?

FRANKEN: The mood has probably changed from despair to resignation. What I'm saying is that nobody here is optimistic. But until this new development people here had pretty much given up, whether they say so or not. So now there is that glimmer of hope, although if you look very closely, it is only a glimmer.

KAGAN: And this is about the time of day when we usually see the arrests starting to happen and the protests kicking up a little bit. Any sign of that today, Bob?

FRANKEN: Well, actually we had an early bird this morning. And he may be in more trouble than the others. He tried to get in with the water. He was told he would be arrested for trespassing. As the police officer reached to grab him, he smacked his arm. Add to that a charge for assault on a police officer.

KAGAN: All right. Bob Franken live from Pinellas Park. Thank you.

SANCHEZ: Here's another part of the story. First Lady Laura Bush says the federal government was right to have intervened on behalf of Terri Schiavo. Mrs. Bush was asked about the Schiavo case while she was on a plane flight to Afghanistan.

(BEGIN VIDEO CLIP)

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

(END VIDEO CLIP)

SANCHEZ: Mrs. Bush stopped in Afghanistan today. She visited women training to become teachers. Met with the Afghan President Hamid Karzai and also had dinner with the U.S. troops at the Bagram Air Base. Famed attorney Johnnie Cochran became a household name during his successful defense of O.J. Simpson. We all have that imprinted in our minds it seems. Then later he would say it was not the Simpson, rather the anonymous No J's who were his most important clients. Cochran died yesterday of a brain tumor. He was 67 years old. CNN's Aaron Brown has his story as well as his legacy.

(BEGIN VIDEOTAPE)

JOHNNIE COCHRAN, LATE DEFENSE ATTORNEY: You have the power in your...

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

COCHRAN: 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: If it doesn't fit, you must acquit.

BROWN: Both praised and vilified for his work in the Simpson case, Cochran often said he hope 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, HARVARD LAW SCHOOL: Johnny 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 the 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 Johnny as a great Christian. I knew him as that. He was a great guy."

BARR 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 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 Johnny 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)

KAGAN: In other news this morning, a man with a 39-year career as an official with the Boy Scouts is right now in court on child pornography charges. This is video of Douglas Smith. He arrived at the Fort Worth Courthouse just a few minutes ago.

Our Ed Lavandera is covering the case from Texas.

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN CORRESPONDENT (voice-over): Douglas Smith junior's 39-year career with the Boy Scouts came to an abrupt end in late February. Just a few days after the Boy Scouts learned the high- ranking Scout leader had been implicated in an international child pornography investigation.

RICHARD ROPER, U.S. ATTORNEY: He surrendered last week. Is anticipated he will be entering a guilty plea.

LAVANDERA: Smith's attorney refused to confirm whether the former Boy Scout leader will plead guilty to the one charge, accusing him of receiving and distributing sexually explicit Internet photographs of minors.

Federal authorities say Smith's name first surfaced in a child pornography investigation in Germany. Authorities there alerted Washington late last year.

JOHN CLARK, DEPT. OF HOMELAND SECURITY: They found that somebody on the Internet was distributing child pornography. And they came to us to say, you know, this is somebody we have seen that's in your area of responsibility. You might want to follow up on it, which we did.

LAVANDERA: The Boy Scouts say they are shocked. And that in his job as national program director Smith did not work directly with young people? Smith is refusing to answer questions about the charge. But his attorney says it's completely unrelated to the work he's done with the Boy Scouts. CNN has learned that Smith's office computer was confiscated but investigators won't say if it's providing relevant information. His home computers also were taken a few weeks ago.

Smith is an Eagle Scout who years ago also worked as a scout leader. Last September, in a letter to the editor of the "Corporate Legal Times" magazine, Smith defended the values and mission of the Boy Scouts saying, quote, "Some intolerant elements in our society want to force Scouting to abandon it's values that helped shape the character of the 106 million young men."

If convicted, Smith could face up to 20 years in prison.

Ed Lavandera, CNN, Dallas.

(END VIDEOTAPE)

KAGAN: Now for the latest on Pope John Paul II's health. The Holy Father is being fed by a nasal tube. That tube was inserted today. Earlier John Paul II appeared from a window overlooking St. Peter's Square.

Our senior medical correspondent Dr. Sanjay Gupta here to talk about this new development.

So this is a nasal tube as opposed to the one that is going directly into the stomach that we've heard about with Terri Schiavo.

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: Right. We have been talking so much about the gastric tube, which requires an operation to actually put it directly into the stomach wall. Let me show you, a picture is worth a thousand words here. This is the type of tube that we're talking about here. It's called a Dobhoff feeding tube. It's pretty thin there and you can see it's very pliable. There's no operation necessary to actually put this in.

You actually with someone awake, they actually put this into the nose here of my trusty model. And directly it goes down through the esophagus and ends up here in the stomach. So this is a stomach feeding tube but it doesn't require surgery going through the nose and done while the patient is awake.

You know, one thing I was going to point out as well, we have a couple of these high-energy drinks. When someone is not getting enough calories, typically they give something like an Ensure or Boost Plus. Something like that, which was probably what was happening with the pope not getting enough calories. They put this feeding tube in now.

KAGAN: Now, the pope as was reported has a lot of medical issues going on including the tracheotomy that's still in place. Is that a complication when you're trying to do something like this?

GUPTA: No. You know, it's interesting. We thought about that. He had the tracheotomy done a while ago. He probably had some difficulty swallowing. You and I talked about this, not just because of the tracheotomy but also because of his Parkinson's disease.

Probably what's going on now is he has been eating but just not enough. He's older, a lot of times people who are getting older do not have as much hunger. In addition with that, with the difficulty swallowing, probably not getting enough calories.

So they say this is a temporary measure, which it is. This Dobhoff feeding tube, it doesn't need to stay in. It can just be taken out the same way that it went in. But if he continues not to get enough calories they may have to actually perform the operation that we have been talking so much about with Terri Schiavo.

KAGAN: Could you get more that way because it's a thicker tube or...

GUPTA: You don't get more in necessarily. This is just becomes irritating in the nose and the nasal passages after a while. So you don't want to leave it in there for a long period of time. This is much more comfortable for somebody. But again, that is an operation.

KAGAN: And a surgery and anesthesia.

GUPTA: That's right.

KAGAN: Any other complications with this that they need to worry about?

GUPTA: Probably not. Biggest concern with something like this is over feeding. Actually he would actually have some regurgitation, possibly cause a pneumonia. That's been the biggest concern with the pope for some time. It remains a concern. But this is a fairly safe procedure. It's done every day. Lots of them. He should do fine with it.

KAGAN: And probably getting even more attention just because so much has been focused on the Schiavo case.

GUPTA: That's right. Feeding tube, a very different feeding tube. A feeding tube of a very generic term. This is different.

KAGAN: Dr. Sanjay Gupta, thank you.

SANCHEZ: They have stood in the streets. They have chanted her name. But are they really there for Terri Schiavo's benefit? Still to come, protesters with different agendas. We're going to be going behind the scenes in Pinellas Park to take a look.

Plus, finding hope in the rubble of Indonesia. The story straight ahead.

SANCHEZ: And then later, thieves at a scientific museum and you won't believe what they made off with. Tales of this bizarre story when CNN LIVE TODAY continues.

(COMMERCIAL BREAK)

KAGAN: Big mistake.

SANCHEZ: What's that?

KAGAN: Spending even one minute indoors in Atlanta, Georgia.

SANCHEZ: Oh, wasn't it pretty?

KAGAN: Yes. Gorgeous day.

SANCHEZ: It's amazing when you live in this part of the country because it goes from one day it feels like winter. The next day it's summer.

KAGAN: Right. Beautiful.

SANCHEZ: One day.

KAGAN: Jacqui Jeras here to tell us more.

(WEATHER REPORT)

SANCHEZ: Who could ask for more? Thanks so much, Jacqui. Appreciate it.

KAGAN: Makes you think about baseball. We're going to talk baseball just ahead from the diamond to the airwaves. The Ripken Brothers are now taking on a new venture. Up next, I'll talk with them about that. And we'll get their take on the baseball steroid scandal.

SANCHEZ: How could you talk to them without asking them about that?

And Gerri Willis, we're going to get her take on not steroids but taxes, right?

GERRI WILLIS, CNN-FN PERSONAL FINANCE EDITOR: That's right, Rick. Spring means baseball. It means taxes. We'll tell you how to save some money when CNN LIVE TODAY continues.

(COMMERCIAL BREAK)

SANCHEZ: Oh the taxman, he surely comes. Does he not? The IRS filing looms very large over two weeks away. But that still allows plenty of time to try to pair down your liability. So today's "Top Five Tips" are all about deductions for all of those of you who are thinking about doing a little deducting this time of the year.

CNN's personal finance editor Gerri Willis joins us with her list. Did I just make up a word? May be.

(LAUGHTER)

Gerri, shop until you drop your taxes. You start us there, right? WILLIS: You bet. This is the first year that you can deduct either your state income tax or your state sales tax. This is a very big deal. Particularly, Rick, say you bought a private jet this past year or something, right?

SANCHEZ: Mm-hmm.

WILLIS: If you spent a lot of money, you may be in a position to get a big tax deduction. Particularly if you are from one of the states that has no state income tax, like Nevada, South Dakota, Tennessee, Texas, Washington, Wyoming, Alaska and Florida. This could be a very good thing for you. Keep it in mind if you want more details. Irs.gov has the details.

SANCHEZ: Yes. That private jet that I bought, right? Make your gifts count, you say. Right?

WILLIS: Exactly. If you are giving money to charitable entities, you have to -- it benefits you to tell the federal government you are doing it. Of course, you have to have receipts to prove it, obviously. But there's a little twist this year, Rick. Essentially, the feds are saying that if you gave to the tsunami relief program by January 31, 2005 this year, you can actually take the deduction from that month in your 2004 taxes. That's a little additional benefit that you typically don't get.

SANCHEZ: You also say work it from home.

WILLIS: A lot of people are working from home these days. If you start the day in your fuzzy pink slippers and end that way, there may be a big fat deduction for you. The home office deduction. Here's what you need to know. You have to have a specific place in your house set aside for your home office. You have to be able to prove it. That's how the deduction works.

It's pretty complicated. A lot of people are afraid of using this deduction but I've got to tell you, it can make a very big difference to you. Again, irs.gov you can find the Form 8829. Work through it. It will make a big difference to you.

SANCHEZ: Boy, you've got me completely figured out today with the plane and now the fuzzy, pink slippers.

(LAUGHTER)

SANCHEZ: You say take your medicine

WILLIS: Well, if you had very big medical costs this year. If you were really sick, maybe in the hospital, this is a year you want to think about taking a deduction for that. Which you can deduct those costs if they are over 7.5 percent of the adjusted gross income. Now, that's a very big bill for many people.

But if you are almost to that line, but not quite, don't forget to deduct other health care costs, like eyeglass, driving to the doctor, what you pay in gas, quit smoking program you can also deduct that. Important to keep in mind if you have a lot of physical problems this year.

SANCHEZ: And aha! Finally time for the very careful, the very careful when it comes to being a little too creative with Uncle Sam, right?

WILLIS: You know, a lot of accounts out there will push you to be creative. Sometimes people will just make up stuff on their own. It's always a bad idea. The IRS is watching. And what's more, if they don't get you this year for what you did, they may come back two years from now, three years from now and say hey, we just figured this out. You have a problem.

Keep in mind some things can be deductible. For example, in some cases, you can deduct your kids -- the money you give your kids for working in an at home business. But otherwise, you are going to have to be very careful indeed. Irs.gov is a great place to go if you want to know exactly what is safe to deduct.

SANCHEZ: How about exotic dancers, deducting breast implants?

(LAUGHTER)

WILLIS: You know what? Hey have done it and it has worked as a business expense, believe it or not. But don't think for a minute that you can get away with deducting any costs for cosmetic surgery. It's just not going to happen for most of us.

SANCHEZ: Thanks, appreciate it.

WILLIS: Unless you become an exotic dancer.

SANCHEZ: Well, these slippers are OK though. Gerri as usual, look forward to seeing you tomorrow.

WILLIS: Thank you.

SANCHEZ: All right.

KAGAN: Breaking news that will be of great interest to older Americans out there. This news from the Supreme Court. The High Court ruling that older workers are allowed to sue for age discrimination. There's actually two parts of this. They are allowed to sue. It also holds employers accountable even if the employer never intended any harm. We're going to have a lot more on this Supreme Court decision just ahead.

SANCHEZ: And still to come on CNN LIVE TODAY, they all have a cause. They all have an agenda. They all have a mission. But is it anything to do with Terri Schiavo and her case? Coming up, we're going to go behind the scene of some of the protests and protesters in Pinellas Park.

Plus, more help is on the way for the victims of Indonesia's latest earthquake. Details later when CNN's LIVE TODAY rolls on.

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