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American Morning
New Developments on the Health of the Pope; Terri Schiavo Case Back Before Federal Appeals Court Today
Aired March 30, 2005 - 08:00 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.
BILL HEMMER, CNN ANCHOR: Good morning.
And a close eye on the Vatican this morning. New developments on the health of the pope. John Paul II now on a nasal feeding tube. The latest from overseas.
The Terri Schiavo case back before a federal appeals court today. The parents say there is new evidence to consider. But will the court take it on again?
And perhaps no lawyer in America was more well known than Johnnie Cochran. Remembering his dynamic 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, everyone.
A busy Wednesday.
I'm Bill Hemmer.
Soledad is out this week on vacation.
CAROL COSTELLO, CNN ANCHOR: I'm Carol Costello.
Good morning, everyone.
HEMMER: And a lot going on, too, including the potentially important development overnight in the Terry Schiavo case. We'll explain what is new about her parents' latest appeal. And Sanjay will answer the question what would happen now if that feeding tube were reinserted in her current condition.
COSTELLO: Also, our series on your taxes continues. This morning, deductions. There are some new ones this year you may not know about. Also, is there ever a deduction you're better off not taking?
JACK CAFFERTY, CNN CORRESPONDENT: An interesting question.
HEMMER: Yes, it sure is -- hey, Jack.
What's happening?
CAFFERTY: The answer, presumably, is yes, or we wouldn't be asking the question.
COSTELLO: Exactly.
CAFFERTY: I got that part.
Coming up in "The Cafferty File," it's Wednesday, time for "Things People Say."
Ozzie Osborne finds a permanent cure for loneliness. A Hollywood star explaining how she prevented wardrobe malfunction during the shooting of her latest movie. And the best ever excuse for failing a dui test. Wait until you hear what this guy told a cop when he was pulled over after weaving around on the road. It is priceless.
HEMMER: All right, thank you, Jack.
COSTELLO: Can't wait.
HEMMER: We want to go to this developing story now about the health of Pope John Paul II.
Vatican officials now say he is getting nutrition from a nasal feeding tube. Our bureau chief in Rome is Alessio Vinci.
Alessio joins us now.
And how significant now does this indicate about the condition of the pope -- Alessio?
ALESSIO VINCI, CNN CORRESPONDENT: Hello, Bill.
Well, certainly, it gives us a strong signal that the pope's health remains extremely frail and that his health is a concern. And the Vatican this morning has, indeed, told reporters in a statement, in a written statement, that the pope is getting this nutrition through a feeding tube. They are saying in this statement that this was a procedure necessary to basically improve the pope's calorie intake and to "favor his effective recovery of strength."
So certainly this is a procedure that the Vatican says was necessary to help out the pope. It is not, as some people may have thought at the very beginning, a lifesaving measure. The pope is still able to take some liquids and some food on his own, but nevertheless, in order to give him some more strength and to increase and improve his recovery, the Vatican says it was absolutely necessary to give him this nutrition through a feeding tube.
Vatican officials also insist that this is just a temporary measure, that it is not something that requires the help of outside doctors. This is being performed to him at the Vatican. And at this time, there are no plans to bring the pope back to the hospital -- Bill.
HEMMER: We saw him at the window again, Alessio, earlier today. And it was after that appearance that the Vatican came out with this statement. Did the Vatican say at this point when this procedure as completed, when that tube was inserted?
VINCI: No, they did not say that. This was just a written statement, so it was impossible for us to get any clarification from the spokesman.
What we do know, however, when we saw the pope this morning, that he looked, again, extremely frail, in terrible pain. Again, he tried to utter a few words. He just couldn't get enough strength and enough breath in his lungs to say a few words. The microphone was quickly removed. Just the same thing had happened on Easter Sunday.
So clearly this is a pope who still has a hard time recovering from that tracheotomy that was performed on him back at the end of February.
But at the same time, the Vatican officials continue to insist that the pope remains lucid. He continues his day to day activities inside the Vatican. And this is just a procedure to basically help him recover quickly or faster, if you want, and this is not a situation in which the pope is in a life threatening situation, in which this tube is necessary to keep him alive, basically.
HEMMER: All right, Alessio, thanks for that, from Rome.
Let's talk more about the medical side now. Is this an unusual step in these matters?
Dr. Sanjay Gupta can answer that -- good morning, Doctor.
How unusual is this?
DR. SANJAY GUPTA, CNN CORRESPONDENT: Not unusual, Bill. As he mentioned there, Alessio, talking about something that's usually an adjunct to feeding, a really important distinction here when you're talking about this type of feeding tube. The proper name for it is Dobhoff feeding tube. And just as mentioned there, it goes from the nose directly into the stomach. There's not a surgical procedure to put this in. It is usually considered a temporary thing in someone who can take in some calories but isn't taking quite enough.
And it's important to make that distinction. It's not so much somebody that can't swallow at all, but rather someone that just isn't feeling as much hunger and therefore not taking as many calories. That's what the feeding tube is designed to do.
Very different than the gastric feeding tube that we've been talking so much about with Terri Schiavo. That was put in by a surgical procedure -- Bill.
HEMMER: Yes, how does this now fit into his condition, Sanjay?
GUPTA: Well, you know, this is considered something to help him scoot through an area, a time when he is still recovering, as we know, from his first operation. Getting enough calories and getting enough nutrition are a very important part of that recovery process. He apparently is not getting that right now. So sometimes -- people have heard of Ensure? That's a type of calorie supplementation. Sometimes you literally give that same sort of feeding directly into the Dobhoff tube and then directly into the stomach.
Again, this is a tube that goes from the nose into the stomach.
You made a good point earlier, Bill, when you said we saw him -- and you can see the images there. You don't see this tube, unlike the tracheotomy tube, unlike a gastric feeding tube that we've been talking about, this is a tube that we will be able to see if we do see pictures of the pope after this. There will actually be a little tube that's coming out of his nose, and, again, going directly down his esophagus into his stomach.
HEMMER: All right, Sanjay, thanks for that.
See you a bit later this hour, too.
GUPTA: All right, you bet.
HEMMER: We'll talk to you about the Terri Schiavo matter, too.
That's our first headline.
Kelly Wallace has the others -- Kelly, good morning to you again.
KELLY WALLACE, CNN CORRESPONDENT: Thanks, Bill, Carol.
Good morning again, everyone.
Here are some of those other stories now in the news.
An eleventh hour appeal in the Terry Schiavo case. The attorney for Schiavo's parents says he has found a new argument for getting her feeding tube reconnected. A federal appeals court has agreed to consider a new hearing, but it's not clear at this hour whether the court will actually take on the case. We'll have much more on the politics of the Schiavo case with CNN senior analyst Jeff Greenfield. That's coming right up.
Political jabs in Moscow -- officials from two opposing parties duking it out this morning -- you see it there -- at a meeting of the state Duma, the Russian government. The brawl apparently started by the vice speaker after a dispute over some voting results. The men involved, though, did shake hands at the end, we can report. But some officials are now calling for the vice speaker's resignation.
News now about President Bush. He is touting his Social Security reforms in the Midwest. The president set to speak at a forum in Cedar Rapids, Iowa later today. And he is armed with some new numbers on Social Security. A trustees report last week estimated the program will start losing money in 2017, a year earlier than previously thought.
And First Lady Laura Bush covering lots of territory during a very quake trip to Afghanistan. The first lady, a former teacher and librarian, met with Afghan women working to become teachers and others who have started their own businesses. She also visited with Afghan President Hamid Karzai and is meeting with American troops in the region. We're expecting to hear from the first lady this morning. Carol -- of course, security so tight, this trip only announced yesterday after the first lady already en route to Afghanistan.
COSTELLO: Yes, and it'll be a short trip, you said.
Five hours, right?
WALLACE: Five hours, exactly.
COSTELLO: All right, thank you, Kelly.
Does the controversy surrounding Terri Schiavo have the potential to affect political currents?
CNN's senior analyst, Jeff Greenfield, talked about this last week. But with new developments, he joins us now to revisit this issue.
And, Jeff, last week you said this wasn't a simple left-right, liberal-conservative argument.
JEFF GREENFIELD, CNN CORRESPONDENT: Yes.
COSTELLO: So Jesse Jackson appeared in Florida.
So does your argument still hold?
GREENFIELD: Well, that's one example of why I think it's even more so. I mean, look, there's no question that there's a connection between the "pro-life" beliefs of a lot of religious conservatives and their support for Terri Schiavo's parents. It's hard not to see the actions of the Congress and the president 10 days ago, in part, as a response to those concerns.
But we did notice last week, it's just not that cut and dried. The disability rights community, normally considered liberal, fights very hard against the idea that a lessened quality of life is a reason to end that life. Iowa Senator Tom Harkin, a stalwart liberal, supported the parents. This weekend, Massachusetts Congressman Barney Frank, normally one of the more liberal members of the House, said we might need a federal law making sure that the disabled don't lose their lives because doctors think it, you know, for costs or other reasons.
You mentioned Jesse Jackson, who is not exactly a charter member of the religious right, came out in support of the parents and their effort to keep Terri Schiavo alive. Ralph Nader, another man of the left, did the same thing.
So you see that that's not a cookie cutter kind of politics.
COSTELLO: How is this all playing out, though, with conservatives? Because it's taken a few interesting twist and turns.
GREENFIELD: Yes, it really has. To be -- let's take it a little broader. Every survey, no matter who asks the question or pretty much how it's phrased -- there's been some controversy about that -- but there's no denying that folks are backing the husband, Michael Schiavo. Whether it's a CNN poll or a Fox News poll or beyond, every poll I've seen shows strong support nationally both for the husband's right to make that decision and for the decision itself.
And we mentioned this last week, but you've seen a number of prominent conservatives who who've weighed in on two fronts. First, they say that Congress had no business pulling this case out of state court and putting it into the federal courts. That's something liberals tend to favor more. Second, they're arguing this is an intensely private decision and that the government should stay out of it.
So, if the surveys are right, Republicans are not that much different from the broader populous in saying that we just don't think this is the government's business.
COSTELLO: So President Bush comes out and says something about this, he says that, you know, we should err on the side of life.
GREENFIELD: Right.
COSTELLO: Long-term political consequences for him and other Republicans.
GREENFIELD: Yes, I think that's above most of our pay grades. First of all, it's fascinating, the most ardent supporters of Terri Schiavo's parents have now turned their wrath on Florida Governor Jeb Bush, who pushed the legislature and the courts to intervene. And they're now saying he should move police or the National Guard or some physical force into that hospice and physically remove Terri Schiavo.
Now, I have been reading speculation that somehow this will strengthen Governor Bush among social conservatives if he wants to run for president. But here you're into such, you know, baseless blue sky, three years from now speculation that I would just as soon leave that one aside.
I do think that if Terri Schiavo dies, the most committed people in the, what we call the religious right community, are going to be determined to keep the Republican Party on a pro-life course. So if you want to speculate -- and that's all there is -- about long-term impact, and it's a hunch, you could say it's going to make it tougher for, say, a more centrist or pro-choice Republican like former New York Mayor Rudy Giuliani to seek national office as a Republican. That base of the party, I think, will be even stronger about what they feel.
COSTELLO: But will this do something good for the Democrats, maybe?
GREENFIELD: The only thing that I could imagine is if it convinces people that the base of the Republican Party is getting too intrusive, that they want the government to really step into people's private lives. But the Democrats haven't exactly been stalwart. They've basically stayed out of this fight as a party.
COSTELLO: Not very vocal.
GREENFIELD: Yes. So I just think basically this is such a personal notion, and it is literally life and death, that it's very hard to sort of stamp political conclusions onto it. I mean we're in the area here, god knows, we never do this in presidential years, of speculation. And these are hunches and that's all I'm claiming for them.
COSTELLO: They're interesting, though.
GREENFIELD: OK.
COSTELLO: Jeff Greenfield, many thanks -- Bill.
HEMMER: About 11 minutes now past the hour.
Famed attorney Johnnie Cochran is being remembered today as much for his friendship as for his legal talent. Cochran passed away on Tuesday in L.A. He was 67.
Cochran rose to fame defending O.J. Simpson and became a much sought after celebrity lawyer.
Jim Moret, a former colleague of mine here at CNN, covered the Simpson trial for us.
He's now a correspondent for "Inside Edition."
Jim is covering the Michael Jackson trial now in Santa Maria, California.
Jim, good to see you again.
Another one of the defendants for Johnnie Cochran, by the way, too.
Let's talk about the Simpson case first.
JIM MORET, "INSIDE EDITION: Sure.
HEMMER: When you were following that trial, what was the impact Johnnie Cochran had on jurors, do you believe?
MORET: Oh, I think he had a tremendous impact on jurors. We saw it especially remembered in his closing statement. It was almost like a preacher delivering a sermon. And, you know, Johnnie Cochran was really a combination of style and substance. Last night, famed constitutional attorney Alan Dershowitz, who was a member of that dream team, said of Johnnie Cochran, "He was a very smart man and he was smart enough to know what he didn't k." And by that he meant he was able to bring those around him to bolster areas where he would otherwise be weak. We saw in the -- on this dream team, you had Alan Dershowitz and Jerry Olmen (ph) bringing in the constitutional issues. You had Barry Scheck with the DNA. You had Robert Shapiro. You had famed attorney F. Lee Bailey. Remember, F. Lee Bailey took on Mark Fuhrman in this case.
And Johnnie Cochran was the quarterback of this team. And he was never afraid to share the limelight. But he really had the ability to woo jurors. We saw that. He spoke to them. He was very successful and you really rooted for the man.
HEMMER: Perhaps the moment in that trial.
Watch and listen here.
(BEGIN VIDEO CLIP)
JOHNNIE COCHRAN, ATTORNEY: O.J. Simpson, in a knit cap, from two blocks away. It's still O.J. Simpson. It's no disguise. It's no disguise. It makes no sense. It doesn't fit. If it doesn't fit, you must acquit.
(END VIDEO CLIP)
HEMMER: Jim, do you know how that statement developed through the course of that trial?
MORET: That statement developed basically...
HEMMER: Was that planned?
MORET: It was planned and it was written by Jerry Olmen (ph), actually, and Johnnie Cochran used it, actually credited Jerry Olmen (ph) years later and always gave him credit. It wasn't so much the line, it's the fact that Johnnie Cochran could deliver the goods.
And, you know, I don't want you to believe that this was his only legacy. He was really -- he took on police abuse, police brutality. He's credited with forcing L.A. police to eliminate use of the chokehold. He really took on the fight of the underdog. It wasn't just these high profile cases.
He was very well known in Los Angeles legal circles for years. He was also a deputy district attorney for a number of years, the number three man in that department for several years, before going out into private practice. So his scope was really quite broad. It wasn't limited to simply these high profile cases.
But as you mentioned, he did briefly represent Michael Jackson. And one can only imagine how different this defense might look if Johnnie Cochran were in charge. Now, that said, Thomas Mesereau, the defense attorney here, doing a phenomenal job. But Johnnie Cochran was great at bringing a team together, leading that team and often to tremendous victory. HEMMER: Interestingly enough, here's a statement from Jackson's spokesperson on the screen for our viewers to read. "I am saddened to hear of the death of my friend, Johnnie Cochran. I would like to send my condolences to his family. Johnnie Cochran was a true gentleman who embodied class, brilliance, honesty and integrity. His fight for justice transcended color, age or economic status. So many have been touched by his life of service, as well as his infectious smile and personality. Johnnie Cochran was a great humanitarian. I loved him and I will miss him. I am proud to have called him my friend."
That statement from the Jackson camp late last night.
Jim Moret, thanks, in Santa Maria.
Good to see you again, from California.
MORET: Good to see you, too, Bill.
HEMMER: All right -- here's Carol.
COSTELLO: Today is part three of our special tax series, "Many Happy Returns." Up next, we've got important tips on taking deductions. Find out how to make sure you get the biggest refund possible.
HEMMER: Also, just when you thought it was safe to go back in the water, hundreds of sharks swimming frighteningly close to shore. Some jaw dropping pictures in a moment here.
COSTELLO: First, though, back to taxes. Drink that coffee. You're going to need to think. What's the average refund taxpayers will get this year? Is it, A, about $1,500; B, $2,000; or C, $2,500? We'll have the answer for you after a break.
Stick around.
(COMMERCIAL BREAK)
COSTELLO: Before the break, we asked you this question -- what is the average refund taxpayers will get this year? The answer is C, about $2,500. I'm not one of them. Seventy-seven percent of Americans receive some refund on their taxes each year. So I hope you're one of the 77 percent.
Now to our special tax series, "Many Happy Returns." What you don't know can hurt you, especially when it comes to your taxes. You may not be getting back all that's due you if you don't know what to deduct.
CNN's Gerri Willis has some valuable deductions to tell us about.
I'm listening closely to this story.
GERRI WILLIS, CNN CORRESPONDENT: Get our your pen and your paper. We're going to tell you about deductions that can lower that tax bill, if you're afraid that you're going to be paying money this year.
(BEGIN VIDEO TAPE)
GARY SCHATSKY, FINANCIAL PLANNER & ATTORNEY: You have recipients for those?
UNIDENTIFIED FEMALE: Yes.
WILLIS (voice-over): Ask any tax preparer, they'll tell you the devil is in the deductions.
SCHATSKY: Frequently, the biggest mistake people make are not taking deductions they're entitled to. They think, oh my god, I don't want the IRS to be concerned about my tax return. Well, the tax code gives you the ability to take things off and it's up to you to take it.
WILLIS: Getting all the deductions your entitled to can make the difference between facing a tax bill and getting a refund. Start by understanding some new deductions, like the shopaholic's delight. This year, for the first time, you'll have the option of deducting the sales tax you've paid if it's more than what you paid out in state and local income tax. The big benefit goes to people who live in the seven states with no tax on earned income -- Florida, Nevada, Alaska, South Dakota, Washington, Texas and Wyoming.
Also new this year, if you gave to the tsunami relief effort as late as January 31, then you're entitled to claim that contribution on your 2004 return. And don't overlook situations that can make the difference between getting a refund and getting a tax bill. For example, if you're a single parent, consider filing as the head of household. You'll pay less in tax, and if you're working from home...
ELLEN MURPHY, IRS AREA DIRECTOR: The home office deduction can be very valuable if it's claimed correctly. The home office has to be, though, the part of your house that you use for business, if you use it regularly and exclusively for business. So it can't be like your guest bedroom.
WILLIS: Remember, if you claim something you're not entitled to, it's you who will pay the price.
SCHATSKY: I just saw someone come in who had children on their return that they never had, who actually filed a joint return with someone that they weren't married to. And you look at it and you say what are you doing? Well, the fact is people have to understand, if you're taking illegal deductions and you know what's going on, you're responsible.
(END VIDEO TAPE)
COSTELLO: I cannot believe people do that. They really think they're going to get away with it?
WILLIS: They think the IRS isn't looking and, you know, the IRS is fabulously understaffed so they think that, you know, hey, we'll try it, maybe it'll work. I've got to tell you, even if you get by this year, the IRS can come back some time in the future and find you out.
COSTELLO: And it will cost you.
Tell us about some other deductions people try to take.
WILLIS: Well, there are some wild ones. For example, what if you wanted to deduct your child's allowance? Could you get away with it? Not usually. However, if you own a business and you're paying your child a salary, you can do that. If you start a new job and a new occupation, can you deduct your costs for that job search? No. But you might be able to deduct a general job search. It's all in the details, as we said at the top.
Finally, cosmetic surgery...
COSTELLO: Oh, yes.
WILLIS: This is an interesting question, can you deduct the costs of that? There's an interesting case involving, I'm going to say, an exotic dancer named Chesty Love who deducted her breast implants.
COSTELLO: Really?
WILLIS: And got away with it.
COSTELLO: Really?
WILLIS: Yes. They said it was a business deduction, that she couldn't do her job without it. Yes.
COSTELLO: I totally get that, Bill.
HEMMER: Are you looking for more deductions? That's really not a deduction, is it? Or a reduction. That's an add-on.
COSTELLO: It's true.
WILLIS: I never thought of it that way, but...
COSTELLO: But that's true.
HEMMER: See you later.
In a moment here, a strong show of defiance from Kofi Annan. What the U.N. secretary general had to say to his growing chorus of critics. That's ahead here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: All right, back to Jack, the Question of the Day.
CAFFERTY: Thanks, Bill. The Colorado Supreme Court tossed out a death sentence verdict after jurors consulted a bible during their deliberations. Instead, Robert Harlan, who raped and killed a waitress in 1994, was sentenced to life in prison. Several jurors consulted such bible verses as "an eye for an eye, a tooth for a tooth." The court said that jurors should have made their decision "without the aid or distraction of extraneous texts."
The question this morning is should jurors be allowed to use the bible during deliberations.
Tony in South Carolina: "No. The bible, with all its intolerance and hatred, has no place in any public arena. The courts have found ways other than swearing on 2,000-year-old fairy tales to hear testimony from rational people."
That's harsh, Tony.
Nancy in Texas: "I've been on several juries and each time the Judge Greer instructed the jury not to consider anything that was not presented as evidence in the trial."
Dean in New Jersey writes: "Taking directives from the bible negates the entire concept of trial by jury. I can't help but think that this whole issue is indicative of the need for professional jurors."
And Johna in New Jersey writes: "Jack, of course jurors should be allowed to use the bible in their deliberations. Why we expect men and women of faith to set aside their beliefs is beyond me and it's what I consider true prejudice."
HEMMER: But they didn't take a bible into the jury room, right?
CAFFERTY: Yes, they did.
HEMMER: No, no, no, I thought they just transcribed the quote.
CAFFERTY: Yes, yes, yes.
HEMMER: They did?
CAFFERTY: No, they brought a bible from the hotel.
HEMMER: Oh, that's a huge difference then.
COSTELLO: Oh.
CAFFERTY: I've researched this fairly...
COSTELLO: Oh.
HEMMER: Oh, well last hour I thought it was just something they scribbled down and brought it in on a note pad.
CAFFERTY: Was I here last hour? HEMMER: Yes.
CAFFERTY: Yes. No, they brought a bible from their hotel room.
HEMMER: I see.
COSTELLO: Yes, besides the fact they know they're hearing a death penalty case. Surely you think of that before you hear such a case.
CAFFERTY: But I think that was, you know, it had been -- if it had not been a capital case where they were looking at the death penalty, perhaps the issue would never have come up.
HEMMER: Sure.
CAFFERTY: I think one of the jurors looked to it for some guidance, or the other jurors offered it as guidance. But, yes, there was physically a bible in the jury room.
HEMMER: All right, all cleared up.
CAFFERTY: If you look at a tape of the earlier part of the broadcast...
HEMMER: I would like that.
CAFFERTY: ... it'll clear it right up for you. It's all there.
HEMMER: (UNINTELLIGIBLE).
CAFFERTY: It's just right there.
HEMMER: Thank you, Jack.
A massive invasion off the coast of Florida and the invaders have some very sharp teeth. Incredible photos from the sky.
COSTELLO: That is Jack?
HEMMER: Now for this, back in a moment.
(COMMERCIAL BREAK)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired March 30, 2005 - 08:00 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.
And a close eye on the Vatican this morning. New developments on the health of the pope. John Paul II now on a nasal feeding tube. The latest from overseas.
The Terri Schiavo case back before a federal appeals court today. The parents say there is new evidence to consider. But will the court take it on again?
And perhaps no lawyer in America was more well known than Johnnie Cochran. Remembering his dynamic 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, everyone.
A busy Wednesday.
I'm Bill Hemmer.
Soledad is out this week on vacation.
CAROL COSTELLO, CNN ANCHOR: I'm Carol Costello.
Good morning, everyone.
HEMMER: And a lot going on, too, including the potentially important development overnight in the Terry Schiavo case. We'll explain what is new about her parents' latest appeal. And Sanjay will answer the question what would happen now if that feeding tube were reinserted in her current condition.
COSTELLO: Also, our series on your taxes continues. This morning, deductions. There are some new ones this year you may not know about. Also, is there ever a deduction you're better off not taking?
JACK CAFFERTY, CNN CORRESPONDENT: An interesting question.
HEMMER: Yes, it sure is -- hey, Jack.
What's happening?
CAFFERTY: The answer, presumably, is yes, or we wouldn't be asking the question.
COSTELLO: Exactly.
CAFFERTY: I got that part.
Coming up in "The Cafferty File," it's Wednesday, time for "Things People Say."
Ozzie Osborne finds a permanent cure for loneliness. A Hollywood star explaining how she prevented wardrobe malfunction during the shooting of her latest movie. And the best ever excuse for failing a dui test. Wait until you hear what this guy told a cop when he was pulled over after weaving around on the road. It is priceless.
HEMMER: All right, thank you, Jack.
COSTELLO: Can't wait.
HEMMER: We want to go to this developing story now about the health of Pope John Paul II.
Vatican officials now say he is getting nutrition from a nasal feeding tube. Our bureau chief in Rome is Alessio Vinci.
Alessio joins us now.
And how significant now does this indicate about the condition of the pope -- Alessio?
ALESSIO VINCI, CNN CORRESPONDENT: Hello, Bill.
Well, certainly, it gives us a strong signal that the pope's health remains extremely frail and that his health is a concern. And the Vatican this morning has, indeed, told reporters in a statement, in a written statement, that the pope is getting this nutrition through a feeding tube. They are saying in this statement that this was a procedure necessary to basically improve the pope's calorie intake and to "favor his effective recovery of strength."
So certainly this is a procedure that the Vatican says was necessary to help out the pope. It is not, as some people may have thought at the very beginning, a lifesaving measure. The pope is still able to take some liquids and some food on his own, but nevertheless, in order to give him some more strength and to increase and improve his recovery, the Vatican says it was absolutely necessary to give him this nutrition through a feeding tube.
Vatican officials also insist that this is just a temporary measure, that it is not something that requires the help of outside doctors. This is being performed to him at the Vatican. And at this time, there are no plans to bring the pope back to the hospital -- Bill.
HEMMER: We saw him at the window again, Alessio, earlier today. And it was after that appearance that the Vatican came out with this statement. Did the Vatican say at this point when this procedure as completed, when that tube was inserted?
VINCI: No, they did not say that. This was just a written statement, so it was impossible for us to get any clarification from the spokesman.
What we do know, however, when we saw the pope this morning, that he looked, again, extremely frail, in terrible pain. Again, he tried to utter a few words. He just couldn't get enough strength and enough breath in his lungs to say a few words. The microphone was quickly removed. Just the same thing had happened on Easter Sunday.
So clearly this is a pope who still has a hard time recovering from that tracheotomy that was performed on him back at the end of February.
But at the same time, the Vatican officials continue to insist that the pope remains lucid. He continues his day to day activities inside the Vatican. And this is just a procedure to basically help him recover quickly or faster, if you want, and this is not a situation in which the pope is in a life threatening situation, in which this tube is necessary to keep him alive, basically.
HEMMER: All right, Alessio, thanks for that, from Rome.
Let's talk more about the medical side now. Is this an unusual step in these matters?
Dr. Sanjay Gupta can answer that -- good morning, Doctor.
How unusual is this?
DR. SANJAY GUPTA, CNN CORRESPONDENT: Not unusual, Bill. As he mentioned there, Alessio, talking about something that's usually an adjunct to feeding, a really important distinction here when you're talking about this type of feeding tube. The proper name for it is Dobhoff feeding tube. And just as mentioned there, it goes from the nose directly into the stomach. There's not a surgical procedure to put this in. It is usually considered a temporary thing in someone who can take in some calories but isn't taking quite enough.
And it's important to make that distinction. It's not so much somebody that can't swallow at all, but rather someone that just isn't feeling as much hunger and therefore not taking as many calories. That's what the feeding tube is designed to do.
Very different than the gastric feeding tube that we've been talking so much about with Terri Schiavo. That was put in by a surgical procedure -- Bill.
HEMMER: Yes, how does this now fit into his condition, Sanjay?
GUPTA: Well, you know, this is considered something to help him scoot through an area, a time when he is still recovering, as we know, from his first operation. Getting enough calories and getting enough nutrition are a very important part of that recovery process. He apparently is not getting that right now. So sometimes -- people have heard of Ensure? That's a type of calorie supplementation. Sometimes you literally give that same sort of feeding directly into the Dobhoff tube and then directly into the stomach.
Again, this is a tube that goes from the nose into the stomach.
You made a good point earlier, Bill, when you said we saw him -- and you can see the images there. You don't see this tube, unlike the tracheotomy tube, unlike a gastric feeding tube that we've been talking about, this is a tube that we will be able to see if we do see pictures of the pope after this. There will actually be a little tube that's coming out of his nose, and, again, going directly down his esophagus into his stomach.
HEMMER: All right, Sanjay, thanks for that.
See you a bit later this hour, too.
GUPTA: All right, you bet.
HEMMER: We'll talk to you about the Terri Schiavo matter, too.
That's our first headline.
Kelly Wallace has the others -- Kelly, good morning to you again.
KELLY WALLACE, CNN CORRESPONDENT: Thanks, Bill, Carol.
Good morning again, everyone.
Here are some of those other stories now in the news.
An eleventh hour appeal in the Terry Schiavo case. The attorney for Schiavo's parents says he has found a new argument for getting her feeding tube reconnected. A federal appeals court has agreed to consider a new hearing, but it's not clear at this hour whether the court will actually take on the case. We'll have much more on the politics of the Schiavo case with CNN senior analyst Jeff Greenfield. That's coming right up.
Political jabs in Moscow -- officials from two opposing parties duking it out this morning -- you see it there -- at a meeting of the state Duma, the Russian government. The brawl apparently started by the vice speaker after a dispute over some voting results. The men involved, though, did shake hands at the end, we can report. But some officials are now calling for the vice speaker's resignation.
News now about President Bush. He is touting his Social Security reforms in the Midwest. The president set to speak at a forum in Cedar Rapids, Iowa later today. And he is armed with some new numbers on Social Security. A trustees report last week estimated the program will start losing money in 2017, a year earlier than previously thought.
And First Lady Laura Bush covering lots of territory during a very quake trip to Afghanistan. The first lady, a former teacher and librarian, met with Afghan women working to become teachers and others who have started their own businesses. She also visited with Afghan President Hamid Karzai and is meeting with American troops in the region. We're expecting to hear from the first lady this morning. Carol -- of course, security so tight, this trip only announced yesterday after the first lady already en route to Afghanistan.
COSTELLO: Yes, and it'll be a short trip, you said.
Five hours, right?
WALLACE: Five hours, exactly.
COSTELLO: All right, thank you, Kelly.
Does the controversy surrounding Terri Schiavo have the potential to affect political currents?
CNN's senior analyst, Jeff Greenfield, talked about this last week. But with new developments, he joins us now to revisit this issue.
And, Jeff, last week you said this wasn't a simple left-right, liberal-conservative argument.
JEFF GREENFIELD, CNN CORRESPONDENT: Yes.
COSTELLO: So Jesse Jackson appeared in Florida.
So does your argument still hold?
GREENFIELD: Well, that's one example of why I think it's even more so. I mean, look, there's no question that there's a connection between the "pro-life" beliefs of a lot of religious conservatives and their support for Terri Schiavo's parents. It's hard not to see the actions of the Congress and the president 10 days ago, in part, as a response to those concerns.
But we did notice last week, it's just not that cut and dried. The disability rights community, normally considered liberal, fights very hard against the idea that a lessened quality of life is a reason to end that life. Iowa Senator Tom Harkin, a stalwart liberal, supported the parents. This weekend, Massachusetts Congressman Barney Frank, normally one of the more liberal members of the House, said we might need a federal law making sure that the disabled don't lose their lives because doctors think it, you know, for costs or other reasons.
You mentioned Jesse Jackson, who is not exactly a charter member of the religious right, came out in support of the parents and their effort to keep Terri Schiavo alive. Ralph Nader, another man of the left, did the same thing.
So you see that that's not a cookie cutter kind of politics.
COSTELLO: How is this all playing out, though, with conservatives? Because it's taken a few interesting twist and turns.
GREENFIELD: Yes, it really has. To be -- let's take it a little broader. Every survey, no matter who asks the question or pretty much how it's phrased -- there's been some controversy about that -- but there's no denying that folks are backing the husband, Michael Schiavo. Whether it's a CNN poll or a Fox News poll or beyond, every poll I've seen shows strong support nationally both for the husband's right to make that decision and for the decision itself.
And we mentioned this last week, but you've seen a number of prominent conservatives who who've weighed in on two fronts. First, they say that Congress had no business pulling this case out of state court and putting it into the federal courts. That's something liberals tend to favor more. Second, they're arguing this is an intensely private decision and that the government should stay out of it.
So, if the surveys are right, Republicans are not that much different from the broader populous in saying that we just don't think this is the government's business.
COSTELLO: So President Bush comes out and says something about this, he says that, you know, we should err on the side of life.
GREENFIELD: Right.
COSTELLO: Long-term political consequences for him and other Republicans.
GREENFIELD: Yes, I think that's above most of our pay grades. First of all, it's fascinating, the most ardent supporters of Terri Schiavo's parents have now turned their wrath on Florida Governor Jeb Bush, who pushed the legislature and the courts to intervene. And they're now saying he should move police or the National Guard or some physical force into that hospice and physically remove Terri Schiavo.
Now, I have been reading speculation that somehow this will strengthen Governor Bush among social conservatives if he wants to run for president. But here you're into such, you know, baseless blue sky, three years from now speculation that I would just as soon leave that one aside.
I do think that if Terri Schiavo dies, the most committed people in the, what we call the religious right community, are going to be determined to keep the Republican Party on a pro-life course. So if you want to speculate -- and that's all there is -- about long-term impact, and it's a hunch, you could say it's going to make it tougher for, say, a more centrist or pro-choice Republican like former New York Mayor Rudy Giuliani to seek national office as a Republican. That base of the party, I think, will be even stronger about what they feel.
COSTELLO: But will this do something good for the Democrats, maybe?
GREENFIELD: The only thing that I could imagine is if it convinces people that the base of the Republican Party is getting too intrusive, that they want the government to really step into people's private lives. But the Democrats haven't exactly been stalwart. They've basically stayed out of this fight as a party.
COSTELLO: Not very vocal.
GREENFIELD: Yes. So I just think basically this is such a personal notion, and it is literally life and death, that it's very hard to sort of stamp political conclusions onto it. I mean we're in the area here, god knows, we never do this in presidential years, of speculation. And these are hunches and that's all I'm claiming for them.
COSTELLO: They're interesting, though.
GREENFIELD: OK.
COSTELLO: Jeff Greenfield, many thanks -- Bill.
HEMMER: About 11 minutes now past the hour.
Famed attorney Johnnie Cochran is being remembered today as much for his friendship as for his legal talent. Cochran passed away on Tuesday in L.A. He was 67.
Cochran rose to fame defending O.J. Simpson and became a much sought after celebrity lawyer.
Jim Moret, a former colleague of mine here at CNN, covered the Simpson trial for us.
He's now a correspondent for "Inside Edition."
Jim is covering the Michael Jackson trial now in Santa Maria, California.
Jim, good to see you again.
Another one of the defendants for Johnnie Cochran, by the way, too.
Let's talk about the Simpson case first.
JIM MORET, "INSIDE EDITION: Sure.
HEMMER: When you were following that trial, what was the impact Johnnie Cochran had on jurors, do you believe?
MORET: Oh, I think he had a tremendous impact on jurors. We saw it especially remembered in his closing statement. It was almost like a preacher delivering a sermon. And, you know, Johnnie Cochran was really a combination of style and substance. Last night, famed constitutional attorney Alan Dershowitz, who was a member of that dream team, said of Johnnie Cochran, "He was a very smart man and he was smart enough to know what he didn't k." And by that he meant he was able to bring those around him to bolster areas where he would otherwise be weak. We saw in the -- on this dream team, you had Alan Dershowitz and Jerry Olmen (ph) bringing in the constitutional issues. You had Barry Scheck with the DNA. You had Robert Shapiro. You had famed attorney F. Lee Bailey. Remember, F. Lee Bailey took on Mark Fuhrman in this case.
And Johnnie Cochran was the quarterback of this team. And he was never afraid to share the limelight. But he really had the ability to woo jurors. We saw that. He spoke to them. He was very successful and you really rooted for the man.
HEMMER: Perhaps the moment in that trial.
Watch and listen here.
(BEGIN VIDEO CLIP)
JOHNNIE COCHRAN, ATTORNEY: O.J. Simpson, in a knit cap, from two blocks away. It's still O.J. Simpson. It's no disguise. It's no disguise. It makes no sense. It doesn't fit. If it doesn't fit, you must acquit.
(END VIDEO CLIP)
HEMMER: Jim, do you know how that statement developed through the course of that trial?
MORET: That statement developed basically...
HEMMER: Was that planned?
MORET: It was planned and it was written by Jerry Olmen (ph), actually, and Johnnie Cochran used it, actually credited Jerry Olmen (ph) years later and always gave him credit. It wasn't so much the line, it's the fact that Johnnie Cochran could deliver the goods.
And, you know, I don't want you to believe that this was his only legacy. He was really -- he took on police abuse, police brutality. He's credited with forcing L.A. police to eliminate use of the chokehold. He really took on the fight of the underdog. It wasn't just these high profile cases.
He was very well known in Los Angeles legal circles for years. He was also a deputy district attorney for a number of years, the number three man in that department for several years, before going out into private practice. So his scope was really quite broad. It wasn't limited to simply these high profile cases.
But as you mentioned, he did briefly represent Michael Jackson. And one can only imagine how different this defense might look if Johnnie Cochran were in charge. Now, that said, Thomas Mesereau, the defense attorney here, doing a phenomenal job. But Johnnie Cochran was great at bringing a team together, leading that team and often to tremendous victory. HEMMER: Interestingly enough, here's a statement from Jackson's spokesperson on the screen for our viewers to read. "I am saddened to hear of the death of my friend, Johnnie Cochran. I would like to send my condolences to his family. Johnnie Cochran was a true gentleman who embodied class, brilliance, honesty and integrity. His fight for justice transcended color, age or economic status. So many have been touched by his life of service, as well as his infectious smile and personality. Johnnie Cochran was a great humanitarian. I loved him and I will miss him. I am proud to have called him my friend."
That statement from the Jackson camp late last night.
Jim Moret, thanks, in Santa Maria.
Good to see you again, from California.
MORET: Good to see you, too, Bill.
HEMMER: All right -- here's Carol.
COSTELLO: Today is part three of our special tax series, "Many Happy Returns." Up next, we've got important tips on taking deductions. Find out how to make sure you get the biggest refund possible.
HEMMER: Also, just when you thought it was safe to go back in the water, hundreds of sharks swimming frighteningly close to shore. Some jaw dropping pictures in a moment here.
COSTELLO: First, though, back to taxes. Drink that coffee. You're going to need to think. What's the average refund taxpayers will get this year? Is it, A, about $1,500; B, $2,000; or C, $2,500? We'll have the answer for you after a break.
Stick around.
(COMMERCIAL BREAK)
COSTELLO: Before the break, we asked you this question -- what is the average refund taxpayers will get this year? The answer is C, about $2,500. I'm not one of them. Seventy-seven percent of Americans receive some refund on their taxes each year. So I hope you're one of the 77 percent.
Now to our special tax series, "Many Happy Returns." What you don't know can hurt you, especially when it comes to your taxes. You may not be getting back all that's due you if you don't know what to deduct.
CNN's Gerri Willis has some valuable deductions to tell us about.
I'm listening closely to this story.
GERRI WILLIS, CNN CORRESPONDENT: Get our your pen and your paper. We're going to tell you about deductions that can lower that tax bill, if you're afraid that you're going to be paying money this year.
(BEGIN VIDEO TAPE)
GARY SCHATSKY, FINANCIAL PLANNER & ATTORNEY: You have recipients for those?
UNIDENTIFIED FEMALE: Yes.
WILLIS (voice-over): Ask any tax preparer, they'll tell you the devil is in the deductions.
SCHATSKY: Frequently, the biggest mistake people make are not taking deductions they're entitled to. They think, oh my god, I don't want the IRS to be concerned about my tax return. Well, the tax code gives you the ability to take things off and it's up to you to take it.
WILLIS: Getting all the deductions your entitled to can make the difference between facing a tax bill and getting a refund. Start by understanding some new deductions, like the shopaholic's delight. This year, for the first time, you'll have the option of deducting the sales tax you've paid if it's more than what you paid out in state and local income tax. The big benefit goes to people who live in the seven states with no tax on earned income -- Florida, Nevada, Alaska, South Dakota, Washington, Texas and Wyoming.
Also new this year, if you gave to the tsunami relief effort as late as January 31, then you're entitled to claim that contribution on your 2004 return. And don't overlook situations that can make the difference between getting a refund and getting a tax bill. For example, if you're a single parent, consider filing as the head of household. You'll pay less in tax, and if you're working from home...
ELLEN MURPHY, IRS AREA DIRECTOR: The home office deduction can be very valuable if it's claimed correctly. The home office has to be, though, the part of your house that you use for business, if you use it regularly and exclusively for business. So it can't be like your guest bedroom.
WILLIS: Remember, if you claim something you're not entitled to, it's you who will pay the price.
SCHATSKY: I just saw someone come in who had children on their return that they never had, who actually filed a joint return with someone that they weren't married to. And you look at it and you say what are you doing? Well, the fact is people have to understand, if you're taking illegal deductions and you know what's going on, you're responsible.
(END VIDEO TAPE)
COSTELLO: I cannot believe people do that. They really think they're going to get away with it?
WILLIS: They think the IRS isn't looking and, you know, the IRS is fabulously understaffed so they think that, you know, hey, we'll try it, maybe it'll work. I've got to tell you, even if you get by this year, the IRS can come back some time in the future and find you out.
COSTELLO: And it will cost you.
Tell us about some other deductions people try to take.
WILLIS: Well, there are some wild ones. For example, what if you wanted to deduct your child's allowance? Could you get away with it? Not usually. However, if you own a business and you're paying your child a salary, you can do that. If you start a new job and a new occupation, can you deduct your costs for that job search? No. But you might be able to deduct a general job search. It's all in the details, as we said at the top.
Finally, cosmetic surgery...
COSTELLO: Oh, yes.
WILLIS: This is an interesting question, can you deduct the costs of that? There's an interesting case involving, I'm going to say, an exotic dancer named Chesty Love who deducted her breast implants.
COSTELLO: Really?
WILLIS: And got away with it.
COSTELLO: Really?
WILLIS: Yes. They said it was a business deduction, that she couldn't do her job without it. Yes.
COSTELLO: I totally get that, Bill.
HEMMER: Are you looking for more deductions? That's really not a deduction, is it? Or a reduction. That's an add-on.
COSTELLO: It's true.
WILLIS: I never thought of it that way, but...
COSTELLO: But that's true.
HEMMER: See you later.
In a moment here, a strong show of defiance from Kofi Annan. What the U.N. secretary general had to say to his growing chorus of critics. That's ahead here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: All right, back to Jack, the Question of the Day.
CAFFERTY: Thanks, Bill. The Colorado Supreme Court tossed out a death sentence verdict after jurors consulted a bible during their deliberations. Instead, Robert Harlan, who raped and killed a waitress in 1994, was sentenced to life in prison. Several jurors consulted such bible verses as "an eye for an eye, a tooth for a tooth." The court said that jurors should have made their decision "without the aid or distraction of extraneous texts."
The question this morning is should jurors be allowed to use the bible during deliberations.
Tony in South Carolina: "No. The bible, with all its intolerance and hatred, has no place in any public arena. The courts have found ways other than swearing on 2,000-year-old fairy tales to hear testimony from rational people."
That's harsh, Tony.
Nancy in Texas: "I've been on several juries and each time the Judge Greer instructed the jury not to consider anything that was not presented as evidence in the trial."
Dean in New Jersey writes: "Taking directives from the bible negates the entire concept of trial by jury. I can't help but think that this whole issue is indicative of the need for professional jurors."
And Johna in New Jersey writes: "Jack, of course jurors should be allowed to use the bible in their deliberations. Why we expect men and women of faith to set aside their beliefs is beyond me and it's what I consider true prejudice."
HEMMER: But they didn't take a bible into the jury room, right?
CAFFERTY: Yes, they did.
HEMMER: No, no, no, I thought they just transcribed the quote.
CAFFERTY: Yes, yes, yes.
HEMMER: They did?
CAFFERTY: No, they brought a bible from the hotel.
HEMMER: Oh, that's a huge difference then.
COSTELLO: Oh.
CAFFERTY: I've researched this fairly...
COSTELLO: Oh.
HEMMER: Oh, well last hour I thought it was just something they scribbled down and brought it in on a note pad.
CAFFERTY: Was I here last hour? HEMMER: Yes.
CAFFERTY: Yes. No, they brought a bible from their hotel room.
HEMMER: I see.
COSTELLO: Yes, besides the fact they know they're hearing a death penalty case. Surely you think of that before you hear such a case.
CAFFERTY: But I think that was, you know, it had been -- if it had not been a capital case where they were looking at the death penalty, perhaps the issue would never have come up.
HEMMER: Sure.
CAFFERTY: I think one of the jurors looked to it for some guidance, or the other jurors offered it as guidance. But, yes, there was physically a bible in the jury room.
HEMMER: All right, all cleared up.
CAFFERTY: If you look at a tape of the earlier part of the broadcast...
HEMMER: I would like that.
CAFFERTY: ... it'll clear it right up for you. It's all there.
HEMMER: (UNINTELLIGIBLE).
CAFFERTY: It's just right there.
HEMMER: Thank you, Jack.
A massive invasion off the coast of Florida and the invaders have some very sharp teeth. Incredible photos from the sky.
COSTELLO: That is Jack?
HEMMER: Now for this, back in a moment.
(COMMERCIAL BREAK)
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