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American Morning
Pope's Health; Schiavo Appeal; Johnnie Cochran Remembered
Aired March 30, 2005 - 8:59 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.
BILL HEMMER, CNN ANCHOR: Good morning. There are developments in the Terri Schiavo case. Will a federal court step back into the fight this morning after receiving a brand new appeal?
Watching the pope's health after news from the Vatican. John Paul II now using a feeding tube, part of his recovery from throat surgery.
And Johnnie Cochran, always a way with words.
(BEGIN VIDEO CLIP)
JOHNNIE COCHRAN, ATTORNEY: If it doesn't fit, you must acquit.
(END VIDEO CLIP)
HEMMER: A lawyer with an amazing presence who took on the biggest cases. His legal legacy on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
HEMMER: Good morning from a sunny Manhattan. I'm Bill Hemmer. Good morning to you. Soledad is off today.
CAROL COSTELLO, CNN ANCHOR: Oh, I just noticed. I haven't seen the sun for so long I forget what it looked like. I'm Carol Costello, in for Soledad.
In a few minutes we'll look at what changed overnight to allow the parents of Terri Schiavo to file a brand new petition to keep their daughter alive. Some new arguments being made. We'll explain.
HEMMER: Also, the former Boy Scout official accused of distributing child pornography makes his first court appearance today. We'll look at the case against him in a moment here.
COSTELLO: Jack?
JACK CAFFERTY, CNN ANCHOR: Colorado. Jury deliberations to decide a death sentence in a capital murder case. They decided for the death penalty and it was tossed out by a judge who said they consulted a bible in the jury room during deliberations. And we want to know if you think that should be allowed or not.
Should you be able to read the bible during jury deliberations? AM@CNN.com. HEMMER: All right, Jack. Thanks.
Let's go overseas right now. New developments in the health of Pope John Paul II. We have learned now he's receiving nutrition from a nasal feeding tube. More now from our analyst, John Allen, who is in Rome.
And John, you spokes with the Vatican a short time ago. What did they tell you?
JOHN ALLEN, CNN VATICAN ANALYST: Hi, Bill.
Well, first of all, they emphasized what we already inferred from their earlier statement, which this is that this is not a life-saving procedure. This is simply an attempt to boost the pope's calorie intake to try to speed along his recovery. Further emphasizing that this kind of tube he's using is -- was not implanted surgically. It's something that's put on when he needs it and then removed. And, therefore, it's a less invasive kind of procedure.
The Vatican told us that the pope began using this tube yesterday morning for the first time, and said that for now no further hospitalization of the pope is planned. Although, they emphasize "for now." Obviously they'll be monitoring his recovery and adjusting accordingly.
So I suppose what you can say is that the Vatican is attempting to downplay the significance of this, stressing that the pope continues to be monitoring the affairs of the Church and continues to be celebrating mass in his private chapel and so on. So obviously it's a new indication that the pope's recovery continues to be slow and painful, but we should also stress no indication that this is at present life-threatening -- Bill.
HEMMER: John, you're not a doctor. But I'm going to insert the Terri Schiavo case in this, because I think when a lot of people think about what's happening now with news on the pope, they think of the story we have been covering in Florida. These are two very different matters, though. Perhaps you can explain as best you can in layman's terms about what the Vatican is telling you.
ALLEN: Sure. Well, I think probably three points.
First, this is not the kind of tube that Terri Schiavo is using. This has not been implanted surgically.
Secondly, the pope remains conscious, unlike Schiavo. And so, therefore, he's obviously calling his own shots in terms of the course of his treatment.
And then finally, I think the point that needs to be stressed is that in Schiavo's case, when you remove the food and water, obviously over the course of time she will die. In the pope's case that's not -- that does not seem to be the situation.
He has difficulty swallowing and therefore cannot take in enough nutrition to make sure he doesn't become dangerously underweight. This is an attempt to counteract that. But it does not appear that there is anything life-threatening involved. And so, therefore, it is -- I think you rightly said it out, it's a very different situation.
HEMMER: John Allen, thanks, from Rome, watching the condition of the pope -- Carol.
COSTELLO: Let's talk about Terri Schiavo now. Terri Schiavo's parents are getting a chance at an 11th-hour appeal in an effort to have their daughter's feeding tube be reconnected. Elizabeth Cohen is at the 11th Circuit Court in Atlanta. Bob Franken is at Terri's hospice in Pinellas Park, Florida.
Let's start with you, Elizabeth. Elizabeth, Terri's parents are appealing to the very court that rejected their appeal just last week -- I think the court rejected their appeal twice. So have they come up with new compelling arguments?
ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Well, they say they have, Carol. In this petition, the family members, the parents of Terri Schiavo say that in the past the federal courts have only entertained this case on procedural issues. They say that this time they are making the argument that the courts need -- federal courts need to look at the evidence again.
They say that's what really Congress intended when they passed that act before the federal courts got involved in this. They say they need to look at the facts. And the parents argue that when the facts are examined one more time, that that will show that Terri Schiavo really does want to continue living in the state that she's in.
Of course, state courts have found that testimony from friends and family showed that she would not choose to live in the state that she's -- that she's living in. But again, this petition is asking the district court to hear it, all 12 of the judges, not just three, which is who heard it before -- Carol.
COSTELLO: Any reaction from Michael Schiavo?
COHEN: There has been no reaction thus far from his attorney, George Felos. As a matter of fact, apparently George Felos didn't even know about this 11th hour attempt until CNN contacted him late last night.
COSTELLO: Elizabeth Cohen live in Atlanta.
Now to Bob Franken.
Bob, we're going into day 13 since Terri's feeding tube was removed. What are you hearing about her condition?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Well, that everybody agrees that time is a huge factor, thus in the court filing that was made on behalf of the family. The TRO, as it is called, the temporary restraining order, which would be the emergency order to reconnect the tube, the need is urgent says the lawyer. "Absent a TRO," he writes, "Terri Schiavo would surely die."
Of course that would be profound harm to both Terri Schiavo and the case. And the family is getting more and more aware of the urgency of this.
There was an arrest this morning, by the way, by a person who not only tried to get in with water for Terri Schiavo, but when the policeman told him he would be charged with trespassing, he hit the arm of the policeman. So you can add to that a charge of assault.
The family is making a plea now to Michael Schiavo, the husband of Terri, who has ordered the feeding tube disconnected. They point out that he has another woman in his life and two children, and they asked to turn over guardianship to them.
(BEGIN VIDEO CLIP)
MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: Michael and Jodi, you have your own children. Please, please give my child back to me.
(END VIDEO CLIP)
FRANKEN: The family divisions are bitter. The legal issues complex. And all of that objects curing the fact that this is a matter of life or death for Terri Schiavo -- Carol.
COSTELLO: Bob Franken, live in Pinellas Park, Florida, this morning.
Now a look at the other days news with Kelly Wallace.
Good morning.
KELLY WALLACE, CNN ANCHOR: Thanks, Carol. Good morning again, everyone. Here are some of those other stories "Now in the News."
First lady Laura Bush taking a very quick-pace tour of Afghanistan. The first lady meeting with the Afghan president Hamid Karzai and showing support for women's education, bringing with her nearly $18 million in school aid. The first lady also sitting down with some U.S. troops stationed at Bagram Air Base north of Kabul.
People in Indonesia now digging through the rubble for loved ones, hoping to find survivors from that 8.7 quake. Authorities say there is a great need now for shelters, equipment to move dirt, and emergency medical supplies. Helicopters are airlifting the most critically injured people out. And CNN has learned tat a U.S. ship is en route there to help with relief efforts.
The Pentagon says it will release dozens of detainees from the prison facility in Guantanamo Bay, Cuba. Sources confirming nearly 38 prisoners will be returned to their home countries. There is apparently not enough data to classify them as enemy combatants. The move comes after authorities reviewed the cases of more than 550 detainees in that facility.
And a CNN "Security Watch" for you now. The U.S. is boosting border protection.
More than 500 new agents will be sent to Arizona in upcoming months, bringing the total security force to 3,000. The Arizona border is considered the most vulnerable stretch of the 2,000-mile southern border. Officials say 51 percent of illegal immigrants entered the United States through that border crossing last year.
And, of course, be sure to stay tuned to CNN day and night for the most reliable news about your security.
That gets you caught up. Back to Bill.
HEMMER: All right, Kelly. Thanks.
Eight minutes past the hour now.
Renowned attorney Johnnie Cochran died Tuesday of a brain tumor in Los Angeles. He was 67 years old. And this morning he's being remembered as a lawyer, a humanitarian and as an American celebrity.
(BEGIN VIDEOTAPE)
COCHRAN: If it doesn't fit, you must acquit.
HEMMER (voice-over): Johnnie Cochran may be best known for the O.J. Simpson case, the so-called trial of the century. But it could never define him.
His legal career spanned four decades. A journey to justice, as he called it, that began as an LA prosecutor, telling Larry King back in 1999 why he loved being a lawyer.
COCHRAN: I love being a lawyer because it gives you an opportunity to do interesting things. It gives me an opportunity to, you know, represent people who are injured. It gives me an opportunity to represent people who I believe are innocent. It gives me an opportunity if I want to go into politics, or whatever. So to young kids out there, it's a great career.
HEMMER: Cochran was fond of saying, "An injustice anywhere is a threat to justice everywhere." And those who knew him know he meant every word.
Sean P. Diddy Combs was one of his clients.
SEAN. P. DIDDY COMBS, RAPPER: 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.
And he looked into my eyes. He heard my story. He saw I was innocent. And when he believed in you, he would go all the way for you.
HEMMER: Perhaps his proudest moment was getting Geronimo Pratt freed from prison in 1997. The former Black Panther served 27 years for a murder he did not commit. To family, friends and colleagues, Johnnie Cochran's legacy goes well beyond the law.
BEN BRAFMAN, CO-COUNSEL ON SEAN COMBS CASE: I think he'd like to be remembered as an honest man, as a kind, generous citizen. I don't think Johnnie would want to be remembered simply as a brilliant lawyer. I think he was much more than that, and I think that's what he would like to be remembered as, a wonderful human being.
(END VIDEOTAPE)
HEMMER: CNN senior legal analyst Jeffrey Toobin covered the O.J. Simpson trial, wrote a book about it called "The Run of His Life." Great title.
What do you remember about Johnnie Cochran?
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well, you know what? I was thinking about the last time I saw him, which was right here on this couch. We were doing a year-end thing, and I remember downstairs in the green room when Johnnie Cochran walked in -- obviously a lot of well-known people come into this studio -- the way people lit up around him.
He was -- he had this extraordinary charisma. People just loved the guy. Even if they disagreed with him about the Simpson case, as certainly I did, you know, he just had a personal magnetism that was almost like no one I've ever met.
HEMMER: Yes, I said earlier today, when Johnnie Cochran walked into the room, it was almost as if there was not a problem in the world. Every was cool, everything was smooth.
TOOBIN: Absolutely. And clients related to that and jurors related to that.
That magnetism was something that was really contagious. And it was really wonderful to be around him.
HEMMER: And once you understand that aspect of his personality, you start to begin to understand how he was able to recruit F. Lee Bailey and the whole long list, Barry Scheck and the others, for that dream team in Los Angeles.
TOOBIN: And it wasn't Cochran who had the problems with the other egos. You know, there was a lot of infighting, but everybody got along with Johnnie, which was typical, because, you know, he had this joy I life.
I was in his house once, and he had a cartoon on his wall from "The New Yorker." And it was this sort of very meek looking white guy looking in the mirror wearing a suit. And he's saying to his wife, "Do you think it is too Johnnie Cochran?" And he just loved being Johnnie Cochran, and it was -- and you could feel it whenever you were around him.
HEMMER: Do you think he loved being known as the attorney for O.J. Simpson?
TOOBIN: I think he was proud of his work in the case. But if you look at his career, there was one consistent theme, which was his fight against white cops abusing black people.
If you go back to 1970, when he was 29 years old, he led a coroner's investigation in the death of a young black man in LA named Leonard Detweiler (ph). And that's what he became known for. And in virtually every case the issue of police abuse was involved.
Now, I certainly believe that he was wrong in the Simpson case, that there was not police abuse. But many, many cases he was involved in there was police abuse. And LA is a better police force because of the work that Johnnie did, and I think the country is better because of what he did.
HEMMER: I think the irony in that is that his son became a police officer in Los Angeles.
TOOBIN: That's right. And I think, you know, Johnnie understood that there were good cops. But in his practice time after time, whether it was Geronimo Pratt, you know, who he fought for 27 years to get off, or a former football player named Ron Settles (ph) that he fought to get off, there was a lot of bad police work. And he fought that and he won often.
HEMMER: We remember him today. Thank you, Jeff.
TOOBIN: Very fondly.
HEMMER: All right -- Carol.
COSTELLO: Let's head down to Atlanta to check on the weather with Chad.
(WEATHER REPORT)
HEMMER: The Boy Scouts of America rocked by the arrest of a former top official. In a moment here, how an Eagle Scout was connected to child pornography.
COSTELLO: Also ahead, the plot thickens in that deadly Minnesota school shooting spree. A tight-knit community torn apart at the seams by the latest arrest.
Stay with us on AMERICAN MORNING.
(COMMERCIAL BREAK)
COSTELLO: A former high-ranking official in the Boy Scouts of America official is scheduled to appear in federal court this morning. Douglas Smith Jr. is charged with possessing and distributing child pornography.
Ed Lavandera has been following the case. He's live at the courthouse in Fort Worth, Texas. Hello, Ed.
ED LAVANDERA, CNN CORRESPONDENT: Hi, Carol.
Well, Mr. Smith is expected to show up here at the downtown federal courthouse in Fort Worth in just under an hour. And prosecutors say they expect him to plead guilty to one count of child pornography that has already ended his career with the Boy Scouts.
(BEGIN VIDEOTAPE)
LAVANDERA (voice-over): Douglas Smith Jr.'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. And it's anticipated he'll be entering a guilty plea.
LAVANDERA: Smith's attorneys 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, DEPARTMENT 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've seen that is 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 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 is 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 provided relevant information. His home computers also were taken a few weeks ago.
Smith is an Eagle Scout who years ago also worked as 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, "Some intolerant elements in our society want to force scouting to abandon its values that helped shape the character of 106 million young men."
(END VIDEOTAPE)
LAVANDERA: Now, Mr. Smith, as we said, is expected to show up within the hour at the federal courthouse in downtown Fort Worth. If he does plead guilty to this one count of child pornography, prosecutors say that he could face up to 20 years in prison.
Carol, back to you.
COSTELLO: This international porn ring, can you tell us more about that? Was it simply the trading of pictures over the Internet, or was there more to it?
LAVANDERA: Well, at this point what the charge says is that they have enough evidence to convict him on this charge, saying that he was guilty of passing photographs, sexually explicit photographs of minors over the Internet. This is also part of a much larger operation that federal and international authorities are involved in.
The program here in the U.S. is called Operation Predator, where there -- it's a division of the Immigration and Customs Enforcement that is involved in tracking down these predators. And there is also a similar ring that operates in Germany, and that's how the two were linked together.
COSTELLO: Ed Lavandera reporting live from Fort Worth, Texas, this morning. Thank you.
A new twist in that deadly Minnesota school shooting spree. A close community devastated by the thought of who else might have been involved. That's ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Here's Jack again, "Question of the day."
CAFFERTY: Thank you, sir.
The Colorado Supreme Court has thrown out a death sentence verdict after jurors consulted an actual bible during their deliberations in the jury room. Something that apparently I didn't make real clear before. But they had an actual bible with them during the deliberations.
As a result of this, this guy Robert Harlan, who raped and killed a waitress, will serve life in prison as opposed to being executed. Several jurors consulted such bible verses as "Eye for an eye, tooth for a tooth." The court said jurors should have made their decision "without the aid or distraction of extraneous text."
The question is, should jurors be allowed to use the bible during deliberations?
James writes, "There is no place for the Christian bible in the American court of law. As a proud practicing American atheist citizen, I've often wondered how I might ever have a fair trial in this belligerently god-believing, idol-worshipping neo-theocracy."
COSTELLO: Wow.
CAFFERTY: Vince in Oklahoma, "Why didn't they look up the verse about turning the other cheek? The bible's full of contradictions and opened to different interpretations. Using this reasoning, I think it's a perfect fit in a court of law." Tom in New Jersey, "If lawyers and judges don't want jurors to turn to whatever spiritual or moral foundations that made them who they are when making important decisions, they should question them right up front to make sure they are mindless and have absolutely no life history. Come on, people. We all come from somewhere."
And Vic in Florida writes, "So one of the jurors stole the bible from their hotel room and brought it to court. Very nice."
(LAUGHTER)
HEMMER: They went the cheap way. Well, so, what, there is an appeal after this? What? The Colorado Supreme Court says, hey, you can't do that?
CAFFERTY: I guess -- well, it's the Colorado Supreme Court. I guess they would have to appeal it beyond that to, what, the District Supreme Court or...
HEMMER: District Appeals Court first?
CAFFERTY: I don't know where it goes from here. My hunch is that the Supreme Court is probably right. I'm not sure that justices would ever rule that it was OK to take bibles -- then you've got to be able to take the Koran...
HEMMER: Do you retry this guy?
CAFFERTY: Hmm?
HEMMER: Do you retry this guy?
CAFFERTY: I don't know. They said that he's been -- no, that the judge said he'll be sentenced to life in prison without parole.
HEMMER: I see.
CAFFERTY: So, I don't know. It may be over. It may not. But I think my hunch is it's over. I think.
COSTELLO: Yes. Probably so.
CAFFERTY: Unlike this program, which is...
COSTELLO: Yes, it's still going.
CAFFERTY: ... 35 minutes.
COSTELLO: I was just going to mention, it's 51 degrees outside, and we're all very excited about that. The sun is out. And with spring in the air...
CAFFERTY: We want to go out and play.
COSTELLO: Oh, you're not kidding. So does David Letterman. He was very frisky last night. (BEGIN VIDEO CLIP)
DAVID LETTERMAN, "THE LATE SHOW": It was so nice in New York City today that Martha Stewart was running around her estate wearing nothing but her electronic ankle bracelet.
(APPLAUSE)
Beautiful.
(END VIDEO CLIP)
COSTELLO: Told you. A little frisky.
CAFFERTY: I'm not sure I would want to see that.
HEMMER: Like a fourth-grader in May on a day like today. You know, you're peering out the window, seeing those blue skies.
CAFFERTY: Oh, I know. Yes, the grades always went right off the edge of the desk by about April 1st.
HEMMER: Sure they do.
CAFFERTY: Right? You're looking out there thinking, I could care less about this science experiment.
HEMMER: Yes.
Let's get a break here. More of AMERICAN MORNING right after this.
(BEGIN VIDEOTAPE)
HEMMER (voice-over): On "90-Second Pop," it looks like Madonna may be back to old habits. Together, she and her husband sparked outrage at a party.
Plus, Venus and Serena take their sister act to TV. And this show has nothing to do with tennis.
That and more ahead here on AMERICAN MORNING.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
HEMMER: Almost 9:30 here in New York. Good morning, everybody. I'm Bill Hemmer.
COSTELLO: And I'm Carol Costello, in for Soledad today.
HEMMER: In a moment here, more on the death of Johnnie Cochran, coming as a tough blow for his former celebrity clients. We'll hear about Michael Jackson's reaction to the news, too, a former client about 12 years ago, too, in California. COSTELLO: Also, new details about the Red Lake school shooting and what really happened on that day. Also, what's behind the latest arrest in the case had a has shocked an already grieving community.
HEMMER: First the opening bell.
(STOCK MARKET REPORT)
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Aired March 30, 2005 - 8:59 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Good morning. There are developments in the Terri Schiavo case. Will a federal court step back into the fight this morning after receiving a brand new appeal?
Watching the pope's health after news from the Vatican. John Paul II now using a feeding tube, part of his recovery from throat surgery.
And Johnnie Cochran, always a way with words.
(BEGIN VIDEO CLIP)
JOHNNIE COCHRAN, ATTORNEY: If it doesn't fit, you must acquit.
(END VIDEO CLIP)
HEMMER: A lawyer with an amazing presence who took on the biggest cases. His legal legacy on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.
HEMMER: Good morning from a sunny Manhattan. I'm Bill Hemmer. Good morning to you. Soledad is off today.
CAROL COSTELLO, CNN ANCHOR: Oh, I just noticed. I haven't seen the sun for so long I forget what it looked like. I'm Carol Costello, in for Soledad.
In a few minutes we'll look at what changed overnight to allow the parents of Terri Schiavo to file a brand new petition to keep their daughter alive. Some new arguments being made. We'll explain.
HEMMER: Also, the former Boy Scout official accused of distributing child pornography makes his first court appearance today. We'll look at the case against him in a moment here.
COSTELLO: Jack?
JACK CAFFERTY, CNN ANCHOR: Colorado. Jury deliberations to decide a death sentence in a capital murder case. They decided for the death penalty and it was tossed out by a judge who said they consulted a bible in the jury room during deliberations. And we want to know if you think that should be allowed or not.
Should you be able to read the bible during jury deliberations? AM@CNN.com. HEMMER: All right, Jack. Thanks.
Let's go overseas right now. New developments in the health of Pope John Paul II. We have learned now he's receiving nutrition from a nasal feeding tube. More now from our analyst, John Allen, who is in Rome.
And John, you spokes with the Vatican a short time ago. What did they tell you?
JOHN ALLEN, CNN VATICAN ANALYST: Hi, Bill.
Well, first of all, they emphasized what we already inferred from their earlier statement, which this is that this is not a life-saving procedure. This is simply an attempt to boost the pope's calorie intake to try to speed along his recovery. Further emphasizing that this kind of tube he's using is -- was not implanted surgically. It's something that's put on when he needs it and then removed. And, therefore, it's a less invasive kind of procedure.
The Vatican told us that the pope began using this tube yesterday morning for the first time, and said that for now no further hospitalization of the pope is planned. Although, they emphasize "for now." Obviously they'll be monitoring his recovery and adjusting accordingly.
So I suppose what you can say is that the Vatican is attempting to downplay the significance of this, stressing that the pope continues to be monitoring the affairs of the Church and continues to be celebrating mass in his private chapel and so on. So obviously it's a new indication that the pope's recovery continues to be slow and painful, but we should also stress no indication that this is at present life-threatening -- Bill.
HEMMER: John, you're not a doctor. But I'm going to insert the Terri Schiavo case in this, because I think when a lot of people think about what's happening now with news on the pope, they think of the story we have been covering in Florida. These are two very different matters, though. Perhaps you can explain as best you can in layman's terms about what the Vatican is telling you.
ALLEN: Sure. Well, I think probably three points.
First, this is not the kind of tube that Terri Schiavo is using. This has not been implanted surgically.
Secondly, the pope remains conscious, unlike Schiavo. And so, therefore, he's obviously calling his own shots in terms of the course of his treatment.
And then finally, I think the point that needs to be stressed is that in Schiavo's case, when you remove the food and water, obviously over the course of time she will die. In the pope's case that's not -- that does not seem to be the situation.
He has difficulty swallowing and therefore cannot take in enough nutrition to make sure he doesn't become dangerously underweight. This is an attempt to counteract that. But it does not appear that there is anything life-threatening involved. And so, therefore, it is -- I think you rightly said it out, it's a very different situation.
HEMMER: John Allen, thanks, from Rome, watching the condition of the pope -- Carol.
COSTELLO: Let's talk about Terri Schiavo now. Terri Schiavo's parents are getting a chance at an 11th-hour appeal in an effort to have their daughter's feeding tube be reconnected. Elizabeth Cohen is at the 11th Circuit Court in Atlanta. Bob Franken is at Terri's hospice in Pinellas Park, Florida.
Let's start with you, Elizabeth. Elizabeth, Terri's parents are appealing to the very court that rejected their appeal just last week -- I think the court rejected their appeal twice. So have they come up with new compelling arguments?
ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Well, they say they have, Carol. In this petition, the family members, the parents of Terri Schiavo say that in the past the federal courts have only entertained this case on procedural issues. They say that this time they are making the argument that the courts need -- federal courts need to look at the evidence again.
They say that's what really Congress intended when they passed that act before the federal courts got involved in this. They say they need to look at the facts. And the parents argue that when the facts are examined one more time, that that will show that Terri Schiavo really does want to continue living in the state that she's in.
Of course, state courts have found that testimony from friends and family showed that she would not choose to live in the state that she's -- that she's living in. But again, this petition is asking the district court to hear it, all 12 of the judges, not just three, which is who heard it before -- Carol.
COSTELLO: Any reaction from Michael Schiavo?
COHEN: There has been no reaction thus far from his attorney, George Felos. As a matter of fact, apparently George Felos didn't even know about this 11th hour attempt until CNN contacted him late last night.
COSTELLO: Elizabeth Cohen live in Atlanta.
Now to Bob Franken.
Bob, we're going into day 13 since Terri's feeding tube was removed. What are you hearing about her condition?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Well, that everybody agrees that time is a huge factor, thus in the court filing that was made on behalf of the family. The TRO, as it is called, the temporary restraining order, which would be the emergency order to reconnect the tube, the need is urgent says the lawyer. "Absent a TRO," he writes, "Terri Schiavo would surely die."
Of course that would be profound harm to both Terri Schiavo and the case. And the family is getting more and more aware of the urgency of this.
There was an arrest this morning, by the way, by a person who not only tried to get in with water for Terri Schiavo, but when the policeman told him he would be charged with trespassing, he hit the arm of the policeman. So you can add to that a charge of assault.
The family is making a plea now to Michael Schiavo, the husband of Terri, who has ordered the feeding tube disconnected. They point out that he has another woman in his life and two children, and they asked to turn over guardianship to them.
(BEGIN VIDEO CLIP)
MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: Michael and Jodi, you have your own children. Please, please give my child back to me.
(END VIDEO CLIP)
FRANKEN: The family divisions are bitter. The legal issues complex. And all of that objects curing the fact that this is a matter of life or death for Terri Schiavo -- Carol.
COSTELLO: Bob Franken, live in Pinellas Park, Florida, this morning.
Now a look at the other days news with Kelly Wallace.
Good morning.
KELLY WALLACE, CNN ANCHOR: Thanks, Carol. Good morning again, everyone. Here are some of those other stories "Now in the News."
First lady Laura Bush taking a very quick-pace tour of Afghanistan. The first lady meeting with the Afghan president Hamid Karzai and showing support for women's education, bringing with her nearly $18 million in school aid. The first lady also sitting down with some U.S. troops stationed at Bagram Air Base north of Kabul.
People in Indonesia now digging through the rubble for loved ones, hoping to find survivors from that 8.7 quake. Authorities say there is a great need now for shelters, equipment to move dirt, and emergency medical supplies. Helicopters are airlifting the most critically injured people out. And CNN has learned tat a U.S. ship is en route there to help with relief efforts.
The Pentagon says it will release dozens of detainees from the prison facility in Guantanamo Bay, Cuba. Sources confirming nearly 38 prisoners will be returned to their home countries. There is apparently not enough data to classify them as enemy combatants. The move comes after authorities reviewed the cases of more than 550 detainees in that facility.
And a CNN "Security Watch" for you now. The U.S. is boosting border protection.
More than 500 new agents will be sent to Arizona in upcoming months, bringing the total security force to 3,000. The Arizona border is considered the most vulnerable stretch of the 2,000-mile southern border. Officials say 51 percent of illegal immigrants entered the United States through that border crossing last year.
And, of course, be sure to stay tuned to CNN day and night for the most reliable news about your security.
That gets you caught up. Back to Bill.
HEMMER: All right, Kelly. Thanks.
Eight minutes past the hour now.
Renowned attorney Johnnie Cochran died Tuesday of a brain tumor in Los Angeles. He was 67 years old. And this morning he's being remembered as a lawyer, a humanitarian and as an American celebrity.
(BEGIN VIDEOTAPE)
COCHRAN: If it doesn't fit, you must acquit.
HEMMER (voice-over): Johnnie Cochran may be best known for the O.J. Simpson case, the so-called trial of the century. But it could never define him.
His legal career spanned four decades. A journey to justice, as he called it, that began as an LA prosecutor, telling Larry King back in 1999 why he loved being a lawyer.
COCHRAN: I love being a lawyer because it gives you an opportunity to do interesting things. It gives me an opportunity to, you know, represent people who are injured. It gives me an opportunity to represent people who I believe are innocent. It gives me an opportunity if I want to go into politics, or whatever. So to young kids out there, it's a great career.
HEMMER: Cochran was fond of saying, "An injustice anywhere is a threat to justice everywhere." And those who knew him know he meant every word.
Sean P. Diddy Combs was one of his clients.
SEAN. P. DIDDY COMBS, RAPPER: 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.
And he looked into my eyes. He heard my story. He saw I was innocent. And when he believed in you, he would go all the way for you.
HEMMER: Perhaps his proudest moment was getting Geronimo Pratt freed from prison in 1997. The former Black Panther served 27 years for a murder he did not commit. To family, friends and colleagues, Johnnie Cochran's legacy goes well beyond the law.
BEN BRAFMAN, CO-COUNSEL ON SEAN COMBS CASE: I think he'd like to be remembered as an honest man, as a kind, generous citizen. I don't think Johnnie would want to be remembered simply as a brilliant lawyer. I think he was much more than that, and I think that's what he would like to be remembered as, a wonderful human being.
(END VIDEOTAPE)
HEMMER: CNN senior legal analyst Jeffrey Toobin covered the O.J. Simpson trial, wrote a book about it called "The Run of His Life." Great title.
What do you remember about Johnnie Cochran?
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well, you know what? I was thinking about the last time I saw him, which was right here on this couch. We were doing a year-end thing, and I remember downstairs in the green room when Johnnie Cochran walked in -- obviously a lot of well-known people come into this studio -- the way people lit up around him.
He was -- he had this extraordinary charisma. People just loved the guy. Even if they disagreed with him about the Simpson case, as certainly I did, you know, he just had a personal magnetism that was almost like no one I've ever met.
HEMMER: Yes, I said earlier today, when Johnnie Cochran walked into the room, it was almost as if there was not a problem in the world. Every was cool, everything was smooth.
TOOBIN: Absolutely. And clients related to that and jurors related to that.
That magnetism was something that was really contagious. And it was really wonderful to be around him.
HEMMER: And once you understand that aspect of his personality, you start to begin to understand how he was able to recruit F. Lee Bailey and the whole long list, Barry Scheck and the others, for that dream team in Los Angeles.
TOOBIN: And it wasn't Cochran who had the problems with the other egos. You know, there was a lot of infighting, but everybody got along with Johnnie, which was typical, because, you know, he had this joy I life.
I was in his house once, and he had a cartoon on his wall from "The New Yorker." And it was this sort of very meek looking white guy looking in the mirror wearing a suit. And he's saying to his wife, "Do you think it is too Johnnie Cochran?" And he just loved being Johnnie Cochran, and it was -- and you could feel it whenever you were around him.
HEMMER: Do you think he loved being known as the attorney for O.J. Simpson?
TOOBIN: I think he was proud of his work in the case. But if you look at his career, there was one consistent theme, which was his fight against white cops abusing black people.
If you go back to 1970, when he was 29 years old, he led a coroner's investigation in the death of a young black man in LA named Leonard Detweiler (ph). And that's what he became known for. And in virtually every case the issue of police abuse was involved.
Now, I certainly believe that he was wrong in the Simpson case, that there was not police abuse. But many, many cases he was involved in there was police abuse. And LA is a better police force because of the work that Johnnie did, and I think the country is better because of what he did.
HEMMER: I think the irony in that is that his son became a police officer in Los Angeles.
TOOBIN: That's right. And I think, you know, Johnnie understood that there were good cops. But in his practice time after time, whether it was Geronimo Pratt, you know, who he fought for 27 years to get off, or a former football player named Ron Settles (ph) that he fought to get off, there was a lot of bad police work. And he fought that and he won often.
HEMMER: We remember him today. Thank you, Jeff.
TOOBIN: Very fondly.
HEMMER: All right -- Carol.
COSTELLO: Let's head down to Atlanta to check on the weather with Chad.
(WEATHER REPORT)
HEMMER: The Boy Scouts of America rocked by the arrest of a former top official. In a moment here, how an Eagle Scout was connected to child pornography.
COSTELLO: Also ahead, the plot thickens in that deadly Minnesota school shooting spree. A tight-knit community torn apart at the seams by the latest arrest.
Stay with us on AMERICAN MORNING.
(COMMERCIAL BREAK)
COSTELLO: A former high-ranking official in the Boy Scouts of America official is scheduled to appear in federal court this morning. Douglas Smith Jr. is charged with possessing and distributing child pornography.
Ed Lavandera has been following the case. He's live at the courthouse in Fort Worth, Texas. Hello, Ed.
ED LAVANDERA, CNN CORRESPONDENT: Hi, Carol.
Well, Mr. Smith is expected to show up here at the downtown federal courthouse in Fort Worth in just under an hour. And prosecutors say they expect him to plead guilty to one count of child pornography that has already ended his career with the Boy Scouts.
(BEGIN VIDEOTAPE)
LAVANDERA (voice-over): Douglas Smith Jr.'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. And it's anticipated he'll be entering a guilty plea.
LAVANDERA: Smith's attorneys 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, DEPARTMENT 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've seen that is 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 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 is 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 provided relevant information. His home computers also were taken a few weeks ago.
Smith is an Eagle Scout who years ago also worked as 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, "Some intolerant elements in our society want to force scouting to abandon its values that helped shape the character of 106 million young men."
(END VIDEOTAPE)
LAVANDERA: Now, Mr. Smith, as we said, is expected to show up within the hour at the federal courthouse in downtown Fort Worth. If he does plead guilty to this one count of child pornography, prosecutors say that he could face up to 20 years in prison.
Carol, back to you.
COSTELLO: This international porn ring, can you tell us more about that? Was it simply the trading of pictures over the Internet, or was there more to it?
LAVANDERA: Well, at this point what the charge says is that they have enough evidence to convict him on this charge, saying that he was guilty of passing photographs, sexually explicit photographs of minors over the Internet. This is also part of a much larger operation that federal and international authorities are involved in.
The program here in the U.S. is called Operation Predator, where there -- it's a division of the Immigration and Customs Enforcement that is involved in tracking down these predators. And there is also a similar ring that operates in Germany, and that's how the two were linked together.
COSTELLO: Ed Lavandera reporting live from Fort Worth, Texas, this morning. Thank you.
A new twist in that deadly Minnesota school shooting spree. A close community devastated by the thought of who else might have been involved. That's ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Here's Jack again, "Question of the day."
CAFFERTY: Thank you, sir.
The Colorado Supreme Court has thrown out a death sentence verdict after jurors consulted an actual bible during their deliberations in the jury room. Something that apparently I didn't make real clear before. But they had an actual bible with them during the deliberations.
As a result of this, this guy Robert Harlan, who raped and killed a waitress, will serve life in prison as opposed to being executed. Several jurors consulted such bible verses as "Eye for an eye, tooth for a tooth." The court said jurors should have made their decision "without the aid or distraction of extraneous text."
The question is, should jurors be allowed to use the bible during deliberations?
James writes, "There is no place for the Christian bible in the American court of law. As a proud practicing American atheist citizen, I've often wondered how I might ever have a fair trial in this belligerently god-believing, idol-worshipping neo-theocracy."
COSTELLO: Wow.
CAFFERTY: Vince in Oklahoma, "Why didn't they look up the verse about turning the other cheek? The bible's full of contradictions and opened to different interpretations. Using this reasoning, I think it's a perfect fit in a court of law." Tom in New Jersey, "If lawyers and judges don't want jurors to turn to whatever spiritual or moral foundations that made them who they are when making important decisions, they should question them right up front to make sure they are mindless and have absolutely no life history. Come on, people. We all come from somewhere."
And Vic in Florida writes, "So one of the jurors stole the bible from their hotel room and brought it to court. Very nice."
(LAUGHTER)
HEMMER: They went the cheap way. Well, so, what, there is an appeal after this? What? The Colorado Supreme Court says, hey, you can't do that?
CAFFERTY: I guess -- well, it's the Colorado Supreme Court. I guess they would have to appeal it beyond that to, what, the District Supreme Court or...
HEMMER: District Appeals Court first?
CAFFERTY: I don't know where it goes from here. My hunch is that the Supreme Court is probably right. I'm not sure that justices would ever rule that it was OK to take bibles -- then you've got to be able to take the Koran...
HEMMER: Do you retry this guy?
CAFFERTY: Hmm?
HEMMER: Do you retry this guy?
CAFFERTY: I don't know. They said that he's been -- no, that the judge said he'll be sentenced to life in prison without parole.
HEMMER: I see.
CAFFERTY: So, I don't know. It may be over. It may not. But I think my hunch is it's over. I think.
COSTELLO: Yes. Probably so.
CAFFERTY: Unlike this program, which is...
COSTELLO: Yes, it's still going.
CAFFERTY: ... 35 minutes.
COSTELLO: I was just going to mention, it's 51 degrees outside, and we're all very excited about that. The sun is out. And with spring in the air...
CAFFERTY: We want to go out and play.
COSTELLO: Oh, you're not kidding. So does David Letterman. He was very frisky last night. (BEGIN VIDEO CLIP)
DAVID LETTERMAN, "THE LATE SHOW": It was so nice in New York City today that Martha Stewart was running around her estate wearing nothing but her electronic ankle bracelet.
(APPLAUSE)
Beautiful.
(END VIDEO CLIP)
COSTELLO: Told you. A little frisky.
CAFFERTY: I'm not sure I would want to see that.
HEMMER: Like a fourth-grader in May on a day like today. You know, you're peering out the window, seeing those blue skies.
CAFFERTY: Oh, I know. Yes, the grades always went right off the edge of the desk by about April 1st.
HEMMER: Sure they do.
CAFFERTY: Right? You're looking out there thinking, I could care less about this science experiment.
HEMMER: Yes.
Let's get a break here. More of AMERICAN MORNING right after this.
(BEGIN VIDEOTAPE)
HEMMER (voice-over): On "90-Second Pop," it looks like Madonna may be back to old habits. Together, she and her husband sparked outrage at a party.
Plus, Venus and Serena take their sister act to TV. And this show has nothing to do with tennis.
That and more ahead here on AMERICAN MORNING.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
HEMMER: Almost 9:30 here in New York. Good morning, everybody. I'm Bill Hemmer.
COSTELLO: And I'm Carol Costello, in for Soledad today.
HEMMER: In a moment here, more on the death of Johnnie Cochran, coming as a tough blow for his former celebrity clients. We'll hear about Michael Jackson's reaction to the news, too, a former client about 12 years ago, too, in California. COSTELLO: Also, new details about the Red Lake school shooting and what really happened on that day. Also, what's behind the latest arrest in the case had a has shocked an already grieving community.
HEMMER: First the opening bell.
(STOCK MARKET REPORT)
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