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Legal Battle Continues Over Brain-Damaged Woman's Life; Murder Charges Expected for Suspect in Missing Florida Girl Case; Terri Schiavo Cases Raises Awareness of Living Wills

Aired March 21, 2005 - 13:00   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.


KYRA PHILLIPS, CO-HOST: ... this developing story.
(BEGIN VIDEO CLIP)

GARY SCHATSKY, PRESIDENT, OBJECTIVEADVICE.COM: At a time you are most vulnerable, you want to make sure people know what you want to have happen to you.

(END VIDEO CLIP)

TONY HARRIS, CO-HOST: It is all in the details. The basics might not protect you if the unthinkable happens. Find out what you need to know about living wills.

PHILLIPS: Police say John Couey admitted he killed his 9-year- old neighbor in a, quote, drug-induced haze. Now the D.A. is seeking the death penalty against the convicted sex offender.

HARRIS: From the CNN center in Atlanta, I'm Tony Harris in for Miles O'Brien.

PHILLIPS: And I'm Kyra Phillips. It's Monday, March 21. CNN's LIVE FROM starts right now.

It's a new day in the Terri Schiavo case after a long and remarkable weekend on Capitol Hill. But the strategy and goals are the same: convince a court that justice and morality will best be served by keeping Schiavo alive, as her parents and siblings have long demanded, or letting her die, as her husband insists was her choice. Today, though, it's a new court, a new judge, a different system.

We have complete coverage beginning with CNN's Elizabeth Cohen in Pinellas Park, Florida, and Suzanne Malveaux at the White House.

Elizabeth, let's begin with you.

ELIZABETH COHEN, CNN CORRESPONDENT: Kyra, at 3 p.m. this afternoon, a federal judge is going to be reviewing this case. And we're going to be going to that when that does happen.

And for now, let's talk about some of the issues that he is going to be reviewing. At issue is what would Terri Schiavo have wanted if she were alive? She -- 15 years ago she had a loss of oxygen to her brain. She obviously can't make her own health decisions right now. Her husband Michael said that, before she went into this state, she said that she would not want to be kept alive on artificial life support.

(BEGIN VIDEO CLIP)

MICHAEL SCHIAVO, TERRI SCHIAVO'S HUSBAND: This is what Terri wanted. This is Terri's wish. OK? It's not President Bush's wish. This is about Terri Schiavo, not the government, not President Bush and Governor Bush. They should be ashamed of themselves.

(END VIDEO CLIP)

COHEN: Michael Schiavo and doctors who have been involved in the case say that, when they see Terri, even if she is able to move or make some kind of a facial expression, they say it's just a reflex. They say she doesn't have emotions to think or interact with the world around her.

However, her parents, who have also visited her at the hospice that's behind me, they say that, when they see her, they see something very different.

(BEGIN VIDEO CLIP)

BOB SCHINDLER, TERRI SCHIAVO'S FATHER: I asked her if she was ready to take a little ride, and I told her we were going to take her for a little trip and take her outside and get her some breakfast, and I got a big smile out of her face, so help me God. So she seemed to be very pleased. And we're pleased. You know, we're very thankful for both the House and the Senate for passing this bill and saving -- literally saving Terri's life.

(END VIDEO CLIP)

COHEN: Well, now this will all be a matter for Federal Judge James Whitmore. That's who will be holding this hearing at 3 today -- Kyra.

PHILLIPS: All right. Elizabeth Cohen, we'll continue to check in with you. Thanks -- Tony.

HARRIS: Well, times have certainly changed since Bogey declared the problems of three little people don't amount to a hill of beans in this crazy world.

Yesterday, last night, early this morning, the problems of one person kept the United States Congress awake and in session and making the kinds of speeches that you'd expect about wars and national crises.

(BEGIN VIDEO CLIP)

REP. TOM DELAY (R-TX), MAJORITY LEADER: I say again the legal and political issues may be complicated. But the moral ones are not. A young woman in Florida is being dehydrated and starved to death. REP. BARNEY FRANK (D), MASSACHUSETTS: I have no right to make that decision, and I have no information for it. Separation of powers. When they wrote the Constitution they weren't kidding around. They made some sensible distinctions. We legislate on broad policy.

(END VIDEO CLIP)

HARRIS: Legislation making a federal case of the Schiavo matter passed by a wide, mostly partisan, margin, after which President Bush was awakened to sign it. And that brings us to CNN's Suzanne Malveaux at the White House.

Hi, Suzanne.

SUZANNE MALVEAUX, CNN CORRESPONDENT: Tony, as a matter of fact, President Bush -- we are told to expect that he may actually talk about the Schiavo case. He is going to be in Tucson, Arizona. That is where he's meeting with seniors to, of course, push his Social Security reform plan. But he may actually speak out about this.

Now, it was just yesterday that President Bush abruptly left his Texas ranch to come back here to Washington in anticipation of signing that legislation.

We're getting new details today about it, saying that the president had gone to bed, that he was woken by a staff secretary, who came with the legislation in hand. Shortly after 1 a.m. in the morning, that the president simply left his bedroom and signed that legislation in the hallway and then went back to sleep.

It was about 10 minutes afterwards that the White House released a statement, trying to explain why the president has weighed in in such a controversial case. In part, that statement saying that, "In cases like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life. This presumption is especially critical for those like Terri Schiavo, who live at the mercy of others. I will continue to stand on the side of those defending life for all Americans, including those with disabilities."

And, Tony, as you know, of course, a very contentious and political issue, as well. Many critics coming forward, criticizing the White House as well as Congress, saying that they have overreached, that this is abuse of power, and perhaps just politics in general.

One specific group called the Center for American Progress, of course, a critic of the Bush administration, saying take a look back at the president's record when he was governor of Texas back in 1999, that he signed legislation that would allow hospitals essentially to remove life-saving devices, life-supporting devices even if there were family members of the patients who disagreed.

Scott McClellan, the press secretary, saying earlier today that was not the case, that he signed legislation that expanded family's rights surrounding that particular case. So again, very controversial. We do expect that the president may say something within the hour specifically about this case -- Tony.

HARRIS: We'll keep an eye out for that. Suzanne Malveaux at the White House. Suzanne, thank you. Appreciate it.

And be sure to tune in tonight when Michael Schiavo joins CNN's "LARRY KING LIVE." That's at 9 Eastern here on CNN.

PHILLIPS: Also in Florida, justice for Jessica. The top priority of authorities who plan to charge John Evander Couey with kidnapping and murder, perhaps as soon as today.

The convicted sex offender and career criminal is in the Citrus County lockup, having allegedly confessed to taking 9-year-old Jessica Lunsford out of her bed three weeks ago and killing her after a brutal ordeal. The Citrus County sheriff vows the charges will be the maximum the law allows.

(BEGIN VIDEO CLIP)

SHERIFF JEFF DAWSY, CITRUS COUNTY, FLORIDA: There's an array of them, and we have not finalized all of them. But I can tell you one of them is capital murder, and we will seek the death penalty on this individual.

(END VIDEO CLIP)

PHILLIPS: CNN's Sara Dorsey now brings us the latest from Jessica's hometown, Homosassa Springs -- Sara.

SARA DORSEY, CNN CORRESPONDENT: Well, Kyra, Citrus County Sheriff Jeff Dawsy is meeting with the state's attorneys today to discuss murder charges against John Couey. He is the man who allegedly confessed to killing Jessica Lunsford. We are told those charges could come as early as this afternoon.

(BEGIN VIDEOTAPE)

DORSEY (voice-over): Law enforcement sources tell CNN it appears John Couey walked into the Lunsford home, made his way into Jessica's bedroom, put his hand over her mouth, told her to be quiet and then forced her out of the house.

UNIDENTIFIED MALE: There is evidence through the M.E. of a sexual assault.

DORSEY: Sources say it appears Jessica was not killed immediately. Couey might have held her hostage more than a day, possibly two. Investigators say, because of Couey's drug haze, quote, "his time lines are all over the place."

Couey, the alleged killer, sits in jail just one town away. He made his first court appearance handcuffed and shackled Sunday morning in front of Circuit Court Judge Steven Spivey on unrelated charges. UNIDENTIFIED MALE: Do you have any questions of the court this morning?

JOHN EVANDER COUEY, SUSPECT IN JESSICA LUNSFORD DISAPPEARANCE: No, sir.

DORSEY: Citrus County sheriff's officials say charges in the Lunsford case are coming. Jessica's dad wants to see Couey gone for good.

MARK LUNSFORD, JESSICA'S FATHER: I hope you rot in hell, and I hope you get the death penalty. And I hope you can find it somewhere in you to be a man and stand up and take your punishment.

DORSEY: John Couey was extradited overnight from Georgia, where he allegedly confessed to killing Jessica and told investigators where her body was buried.

Those that knew Jessica and some who only knew her unfortunate story packed into Faith Baptist Church, Jessica's church, to try to find some comfort after such a senseless crime.

RITA SODERBERG, MEMBER OF THE LUNSFORDS' CHURCH: We're all thankful she's in heaven now. We're happy about that. It's just sad how -- the road that she took to get there.

DORSEY: The crime scene tape still visible from the Lunsford's front door, a reminder of a three-week search that came to a horrible end.

(END VIDEOTAPE)

DORSEY: And the Lunsford family is spending the day making funeral arrangements for 9-year-old Jessica. The medical examiner's office says they will release her remains back to her family within the next 24 hours. But the final cause of death and final autopsy results are still pending -- Kyra.

PHILLIPS: Sara, any questions raised about police procedure and the fact that this child may have been in that home for three weeks? I mean, police were out and around, the media out and around this area for such a long period of time, and allegedly this little girl in there the whole time?

DORSEY: Well, I think everyone is scratching their heads about this right now, Kyra. The sheriff himself came out saying how frustrating it was that their mobile command center was parked just yards away from where this little girl was laying.

Right now, I think no one's really said any comment other than the sheriff saying he's frustrated about it, but I'm sure people will be looking into how exactly she could stay in that home for at least a day, possibly two, and no one even knew to search there.

PHILLIPS: Sara Dorsey, thanks so much -- Tony. HARRIS: You may remember Jessica's mother lives in Ohio, and according to Jessica's father, had seen the child sporadically, at most, over the years. Today she's headed back to Florida after sharing her emotions with a reporter.

(BEGIN VIDEO CLIP)

ANGELA BRYANT, JESSICA'S MOTHER: Angry, because that man killed my daughter. And he deserves everything that he gets coming to him.

UNIDENTIFIED MALE: Do you think there's a punishment that can actually give him his (UNINTELLIGIBLE)

BRYANT: No punishment fits this crime, but he deserves the death penalty.

(END VIDEO CLIP)

HARRIS: Be sure to tune in tonight for "PROTECTING OUR CHILDREN," a special edition of "NEWSNIGHT WITH AARON BROWN." That's tonight at 10 Eastern.

HARRIS: As everyone waits to find out what happens next in that Florida courtroom, we want you to know -- and we want to know what you think about the Terri Schiavo case. Send your e-mails to us at LiveFrom@CNN.com. We'll read the mail later in the show.

And in the south, yes, but a tornado in California? Rarely. Wacky spring weather calls for a Jacqui Jeras, live forecast. She's next.

Also ahead, he called himself the saloon singer. Everyone else called him sophisticated and elegant. A LIVE FROM farewell to the late, great Bobby Short coming up.

(COMMERCIAL BREAK)

PHILLIPS: News across America now.

Three missing children are now presumed dead after a devastating blast at a remote mountain lodge in Colorado. The children, age 3, 12, and 16, were members of an extended family that had gathered for a reunion. Fire investigators are on the scene today to determine whether Saturday's blast was sparked by a propane fuel at the lodge. In all, 60 people were hospitalized, some with serious injuries.

A federal jury in Houston, Texas, begins deliberations today in the case of Tyrone Williams. Williams is accused in a May 2003 attempt to smuggle more than 70 illegal immigrants from South Texas to Houston in an airtight trailer. Nineteen people died inside that truck after it was abandoned in Victoria, Texas. If convicted, Williams could face the death penalty.

In California, it sure looks like a tornado, but National Weather Service people aren't sure. They'll be in San Francisco this morning to figure out if this funnel shaped cloud was, in fact a tornado. No matter what you call it, the event knocked out power for About 1,500 people, shattered windows and damaged roof tops.

HARRIS: So while they try to sort things out in San Francisco, we're getting to take a look for -- at the first significant outbreak of severe weather this season.

CNN's Jacqui Jeras is in the CNN Weather Center with more on, Jacqui, some potential trouble for the middle of the country?

(WEATHER REPORT)

HARRIS: Appreciate it. Thank you. More LIVE FROM when we come right back.

(BEGIN VIDEO CLIP)

PHILLIPS (voice-over): Next on LIVE FROM, how high is too high? And will gas prices come down any time soon? We're watching the numbers for you.

Later, the hearing in the Schiavo case is coming up today at 3 Eastern. We're there live.

Plus, what you need to know about making a living will: the right language to use and selecting the right person to speak for you when you can't speak for yourself.

And some call it the darkest episode yet. "Star Wars" director George Lucas talks about the final installment of his blockbuster space saga.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

PHILLIPS: The sad case of Terri Schiavo highlights the traumatic dilemma faced by many families when a loved one experiences a catastrophic illness or accident.

CNN's Gerri Willis has more on what you can do now to help avoid confusion later about your own last wishes.

(BEGIN VIDEOTAPE)

GERRI WILLIS, CNN CORRESPONDENT (voice-over): Could the pain and suffering experienced by Terri Schiavo and her family have been avoided? Experts say that a living will would have allowed the wishes of Schiavo herself to be known before she collapsed in her home and suffered severe brain damage.

SCHATSKY: At the time you are most vulnerable, you want to make sure people know what you want to have happen to you. You don't want people to guess about it, or in some cases, not even be able to do what you want.

Living wills and health care proxies vary state to state. State laws govern. But in most states, if you have one, your wishes will be followed.

WILLIS: Experts advise anyone writing a living will to be specific about their desires. For example, you want to address when you want artificial nutrition and hydration and when you don't.

Understand, however, that the terms of the will are triggered under specific circumstances, such as if you become terminally ill and are not expected to recover.

Having a will isn't enough. You'll also want to choose a person to serve as your health care agent or surrogate to make decisions about your care when you can't. This may sound easier than it is. The person you pick is your choice. It can range from anyone from your spouse to a neighbor or friend.

PAUL MALLEY, AGING WITH DIGNITY: It may not be the first person that you think of. I know with my grandparents, when they were thinking about who would be the best health care agent and they were in their 80s, they realized it may not be their spouse.

It's something that requires some thought, and you really want that person to be the one who's going to stand up for you and know your wishes.

WILLIS: Finally, make sure you communicate your desires directly to family members, your doctor, as well as your health care agent. If you don't, you risk misunderstandings and complications that could risk your wishes being implemented.

(on camera) While you can get a living will online for as little as $5, Schatsky advises getting a lawyer, because missing one technical requirement on the living will could be one of the most expensive and devastating mistakes you can make.

Gerri Willis, CNN, New York.

(END VIDEOTAPE)

HARRIS: Ready for a little consumer news? Look at this. Look at these prices: $2.37, $2.57, $2.67. At least when you go to the dentist's office for a filling, they give you a shot of Novocain. No relief in sight here.

Here's what a gallon is going for in cities across America after an average 13-cent a gallon hike over the past two weeks. Newark, New Jersey, gets off easy at $1.91. In Honolulu, $2.34 a gallon.

Time to break out the roller blades. Sorry, Kyra.

PHILLIPS: Atlanta wasn't in there, Tony. How much -- how much is it costing us?

HARRIS: You know, it's about, what, $1.90, $1.95 here?

PHILLIPS: That's true.

HARRIS: Depending on where you.

PHILLIPS: Right. Right. We should stay here and not move.

HARRIS: Yes.

PHILLIPS: All right. Higher crude oil prices are a big part of the gas price run-up. Valerie Morris joins us now live from the New York Stock Exchange with the latest on what's driving prices higher.

Hi, Valerie.

(STOCK REPORT)

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 21, 2005 - 13:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CO-HOST: ... this developing story.
(BEGIN VIDEO CLIP)

GARY SCHATSKY, PRESIDENT, OBJECTIVEADVICE.COM: At a time you are most vulnerable, you want to make sure people know what you want to have happen to you.

(END VIDEO CLIP)

TONY HARRIS, CO-HOST: It is all in the details. The basics might not protect you if the unthinkable happens. Find out what you need to know about living wills.

PHILLIPS: Police say John Couey admitted he killed his 9-year- old neighbor in a, quote, drug-induced haze. Now the D.A. is seeking the death penalty against the convicted sex offender.

HARRIS: From the CNN center in Atlanta, I'm Tony Harris in for Miles O'Brien.

PHILLIPS: And I'm Kyra Phillips. It's Monday, March 21. CNN's LIVE FROM starts right now.

It's a new day in the Terri Schiavo case after a long and remarkable weekend on Capitol Hill. But the strategy and goals are the same: convince a court that justice and morality will best be served by keeping Schiavo alive, as her parents and siblings have long demanded, or letting her die, as her husband insists was her choice. Today, though, it's a new court, a new judge, a different system.

We have complete coverage beginning with CNN's Elizabeth Cohen in Pinellas Park, Florida, and Suzanne Malveaux at the White House.

Elizabeth, let's begin with you.

ELIZABETH COHEN, CNN CORRESPONDENT: Kyra, at 3 p.m. this afternoon, a federal judge is going to be reviewing this case. And we're going to be going to that when that does happen.

And for now, let's talk about some of the issues that he is going to be reviewing. At issue is what would Terri Schiavo have wanted if she were alive? She -- 15 years ago she had a loss of oxygen to her brain. She obviously can't make her own health decisions right now. Her husband Michael said that, before she went into this state, she said that she would not want to be kept alive on artificial life support.

(BEGIN VIDEO CLIP)

MICHAEL SCHIAVO, TERRI SCHIAVO'S HUSBAND: This is what Terri wanted. This is Terri's wish. OK? It's not President Bush's wish. This is about Terri Schiavo, not the government, not President Bush and Governor Bush. They should be ashamed of themselves.

(END VIDEO CLIP)

COHEN: Michael Schiavo and doctors who have been involved in the case say that, when they see Terri, even if she is able to move or make some kind of a facial expression, they say it's just a reflex. They say she doesn't have emotions to think or interact with the world around her.

However, her parents, who have also visited her at the hospice that's behind me, they say that, when they see her, they see something very different.

(BEGIN VIDEO CLIP)

BOB SCHINDLER, TERRI SCHIAVO'S FATHER: I asked her if she was ready to take a little ride, and I told her we were going to take her for a little trip and take her outside and get her some breakfast, and I got a big smile out of her face, so help me God. So she seemed to be very pleased. And we're pleased. You know, we're very thankful for both the House and the Senate for passing this bill and saving -- literally saving Terri's life.

(END VIDEO CLIP)

COHEN: Well, now this will all be a matter for Federal Judge James Whitmore. That's who will be holding this hearing at 3 today -- Kyra.

PHILLIPS: All right. Elizabeth Cohen, we'll continue to check in with you. Thanks -- Tony.

HARRIS: Well, times have certainly changed since Bogey declared the problems of three little people don't amount to a hill of beans in this crazy world.

Yesterday, last night, early this morning, the problems of one person kept the United States Congress awake and in session and making the kinds of speeches that you'd expect about wars and national crises.

(BEGIN VIDEO CLIP)

REP. TOM DELAY (R-TX), MAJORITY LEADER: I say again the legal and political issues may be complicated. But the moral ones are not. A young woman in Florida is being dehydrated and starved to death. REP. BARNEY FRANK (D), MASSACHUSETTS: I have no right to make that decision, and I have no information for it. Separation of powers. When they wrote the Constitution they weren't kidding around. They made some sensible distinctions. We legislate on broad policy.

(END VIDEO CLIP)

HARRIS: Legislation making a federal case of the Schiavo matter passed by a wide, mostly partisan, margin, after which President Bush was awakened to sign it. And that brings us to CNN's Suzanne Malveaux at the White House.

Hi, Suzanne.

SUZANNE MALVEAUX, CNN CORRESPONDENT: Tony, as a matter of fact, President Bush -- we are told to expect that he may actually talk about the Schiavo case. He is going to be in Tucson, Arizona. That is where he's meeting with seniors to, of course, push his Social Security reform plan. But he may actually speak out about this.

Now, it was just yesterday that President Bush abruptly left his Texas ranch to come back here to Washington in anticipation of signing that legislation.

We're getting new details today about it, saying that the president had gone to bed, that he was woken by a staff secretary, who came with the legislation in hand. Shortly after 1 a.m. in the morning, that the president simply left his bedroom and signed that legislation in the hallway and then went back to sleep.

It was about 10 minutes afterwards that the White House released a statement, trying to explain why the president has weighed in in such a controversial case. In part, that statement saying that, "In cases like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life. This presumption is especially critical for those like Terri Schiavo, who live at the mercy of others. I will continue to stand on the side of those defending life for all Americans, including those with disabilities."

And, Tony, as you know, of course, a very contentious and political issue, as well. Many critics coming forward, criticizing the White House as well as Congress, saying that they have overreached, that this is abuse of power, and perhaps just politics in general.

One specific group called the Center for American Progress, of course, a critic of the Bush administration, saying take a look back at the president's record when he was governor of Texas back in 1999, that he signed legislation that would allow hospitals essentially to remove life-saving devices, life-supporting devices even if there were family members of the patients who disagreed.

Scott McClellan, the press secretary, saying earlier today that was not the case, that he signed legislation that expanded family's rights surrounding that particular case. So again, very controversial. We do expect that the president may say something within the hour specifically about this case -- Tony.

HARRIS: We'll keep an eye out for that. Suzanne Malveaux at the White House. Suzanne, thank you. Appreciate it.

And be sure to tune in tonight when Michael Schiavo joins CNN's "LARRY KING LIVE." That's at 9 Eastern here on CNN.

PHILLIPS: Also in Florida, justice for Jessica. The top priority of authorities who plan to charge John Evander Couey with kidnapping and murder, perhaps as soon as today.

The convicted sex offender and career criminal is in the Citrus County lockup, having allegedly confessed to taking 9-year-old Jessica Lunsford out of her bed three weeks ago and killing her after a brutal ordeal. The Citrus County sheriff vows the charges will be the maximum the law allows.

(BEGIN VIDEO CLIP)

SHERIFF JEFF DAWSY, CITRUS COUNTY, FLORIDA: There's an array of them, and we have not finalized all of them. But I can tell you one of them is capital murder, and we will seek the death penalty on this individual.

(END VIDEO CLIP)

PHILLIPS: CNN's Sara Dorsey now brings us the latest from Jessica's hometown, Homosassa Springs -- Sara.

SARA DORSEY, CNN CORRESPONDENT: Well, Kyra, Citrus County Sheriff Jeff Dawsy is meeting with the state's attorneys today to discuss murder charges against John Couey. He is the man who allegedly confessed to killing Jessica Lunsford. We are told those charges could come as early as this afternoon.

(BEGIN VIDEOTAPE)

DORSEY (voice-over): Law enforcement sources tell CNN it appears John Couey walked into the Lunsford home, made his way into Jessica's bedroom, put his hand over her mouth, told her to be quiet and then forced her out of the house.

UNIDENTIFIED MALE: There is evidence through the M.E. of a sexual assault.

DORSEY: Sources say it appears Jessica was not killed immediately. Couey might have held her hostage more than a day, possibly two. Investigators say, because of Couey's drug haze, quote, "his time lines are all over the place."

Couey, the alleged killer, sits in jail just one town away. He made his first court appearance handcuffed and shackled Sunday morning in front of Circuit Court Judge Steven Spivey on unrelated charges. UNIDENTIFIED MALE: Do you have any questions of the court this morning?

JOHN EVANDER COUEY, SUSPECT IN JESSICA LUNSFORD DISAPPEARANCE: No, sir.

DORSEY: Citrus County sheriff's officials say charges in the Lunsford case are coming. Jessica's dad wants to see Couey gone for good.

MARK LUNSFORD, JESSICA'S FATHER: I hope you rot in hell, and I hope you get the death penalty. And I hope you can find it somewhere in you to be a man and stand up and take your punishment.

DORSEY: John Couey was extradited overnight from Georgia, where he allegedly confessed to killing Jessica and told investigators where her body was buried.

Those that knew Jessica and some who only knew her unfortunate story packed into Faith Baptist Church, Jessica's church, to try to find some comfort after such a senseless crime.

RITA SODERBERG, MEMBER OF THE LUNSFORDS' CHURCH: We're all thankful she's in heaven now. We're happy about that. It's just sad how -- the road that she took to get there.

DORSEY: The crime scene tape still visible from the Lunsford's front door, a reminder of a three-week search that came to a horrible end.

(END VIDEOTAPE)

DORSEY: And the Lunsford family is spending the day making funeral arrangements for 9-year-old Jessica. The medical examiner's office says they will release her remains back to her family within the next 24 hours. But the final cause of death and final autopsy results are still pending -- Kyra.

PHILLIPS: Sara, any questions raised about police procedure and the fact that this child may have been in that home for three weeks? I mean, police were out and around, the media out and around this area for such a long period of time, and allegedly this little girl in there the whole time?

DORSEY: Well, I think everyone is scratching their heads about this right now, Kyra. The sheriff himself came out saying how frustrating it was that their mobile command center was parked just yards away from where this little girl was laying.

Right now, I think no one's really said any comment other than the sheriff saying he's frustrated about it, but I'm sure people will be looking into how exactly she could stay in that home for at least a day, possibly two, and no one even knew to search there.

PHILLIPS: Sara Dorsey, thanks so much -- Tony. HARRIS: You may remember Jessica's mother lives in Ohio, and according to Jessica's father, had seen the child sporadically, at most, over the years. Today she's headed back to Florida after sharing her emotions with a reporter.

(BEGIN VIDEO CLIP)

ANGELA BRYANT, JESSICA'S MOTHER: Angry, because that man killed my daughter. And he deserves everything that he gets coming to him.

UNIDENTIFIED MALE: Do you think there's a punishment that can actually give him his (UNINTELLIGIBLE)

BRYANT: No punishment fits this crime, but he deserves the death penalty.

(END VIDEO CLIP)

HARRIS: Be sure to tune in tonight for "PROTECTING OUR CHILDREN," a special edition of "NEWSNIGHT WITH AARON BROWN." That's tonight at 10 Eastern.

HARRIS: As everyone waits to find out what happens next in that Florida courtroom, we want you to know -- and we want to know what you think about the Terri Schiavo case. Send your e-mails to us at LiveFrom@CNN.com. We'll read the mail later in the show.

And in the south, yes, but a tornado in California? Rarely. Wacky spring weather calls for a Jacqui Jeras, live forecast. She's next.

Also ahead, he called himself the saloon singer. Everyone else called him sophisticated and elegant. A LIVE FROM farewell to the late, great Bobby Short coming up.

(COMMERCIAL BREAK)

PHILLIPS: News across America now.

Three missing children are now presumed dead after a devastating blast at a remote mountain lodge in Colorado. The children, age 3, 12, and 16, were members of an extended family that had gathered for a reunion. Fire investigators are on the scene today to determine whether Saturday's blast was sparked by a propane fuel at the lodge. In all, 60 people were hospitalized, some with serious injuries.

A federal jury in Houston, Texas, begins deliberations today in the case of Tyrone Williams. Williams is accused in a May 2003 attempt to smuggle more than 70 illegal immigrants from South Texas to Houston in an airtight trailer. Nineteen people died inside that truck after it was abandoned in Victoria, Texas. If convicted, Williams could face the death penalty.

In California, it sure looks like a tornado, but National Weather Service people aren't sure. They'll be in San Francisco this morning to figure out if this funnel shaped cloud was, in fact a tornado. No matter what you call it, the event knocked out power for About 1,500 people, shattered windows and damaged roof tops.

HARRIS: So while they try to sort things out in San Francisco, we're getting to take a look for -- at the first significant outbreak of severe weather this season.

CNN's Jacqui Jeras is in the CNN Weather Center with more on, Jacqui, some potential trouble for the middle of the country?

(WEATHER REPORT)

HARRIS: Appreciate it. Thank you. More LIVE FROM when we come right back.

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PHILLIPS (voice-over): Next on LIVE FROM, how high is too high? And will gas prices come down any time soon? We're watching the numbers for you.

Later, the hearing in the Schiavo case is coming up today at 3 Eastern. We're there live.

Plus, what you need to know about making a living will: the right language to use and selecting the right person to speak for you when you can't speak for yourself.

And some call it the darkest episode yet. "Star Wars" director George Lucas talks about the final installment of his blockbuster space saga.

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PHILLIPS: The sad case of Terri Schiavo highlights the traumatic dilemma faced by many families when a loved one experiences a catastrophic illness or accident.

CNN's Gerri Willis has more on what you can do now to help avoid confusion later about your own last wishes.

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GERRI WILLIS, CNN CORRESPONDENT (voice-over): Could the pain and suffering experienced by Terri Schiavo and her family have been avoided? Experts say that a living will would have allowed the wishes of Schiavo herself to be known before she collapsed in her home and suffered severe brain damage.

SCHATSKY: At the time you are most vulnerable, you want to make sure people know what you want to have happen to you. You don't want people to guess about it, or in some cases, not even be able to do what you want.

Living wills and health care proxies vary state to state. State laws govern. But in most states, if you have one, your wishes will be followed.

WILLIS: Experts advise anyone writing a living will to be specific about their desires. For example, you want to address when you want artificial nutrition and hydration and when you don't.

Understand, however, that the terms of the will are triggered under specific circumstances, such as if you become terminally ill and are not expected to recover.

Having a will isn't enough. You'll also want to choose a person to serve as your health care agent or surrogate to make decisions about your care when you can't. This may sound easier than it is. The person you pick is your choice. It can range from anyone from your spouse to a neighbor or friend.

PAUL MALLEY, AGING WITH DIGNITY: It may not be the first person that you think of. I know with my grandparents, when they were thinking about who would be the best health care agent and they were in their 80s, they realized it may not be their spouse.

It's something that requires some thought, and you really want that person to be the one who's going to stand up for you and know your wishes.

WILLIS: Finally, make sure you communicate your desires directly to family members, your doctor, as well as your health care agent. If you don't, you risk misunderstandings and complications that could risk your wishes being implemented.

(on camera) While you can get a living will online for as little as $5, Schatsky advises getting a lawyer, because missing one technical requirement on the living will could be one of the most expensive and devastating mistakes you can make.

Gerri Willis, CNN, New York.

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HARRIS: Ready for a little consumer news? Look at this. Look at these prices: $2.37, $2.57, $2.67. At least when you go to the dentist's office for a filling, they give you a shot of Novocain. No relief in sight here.

Here's what a gallon is going for in cities across America after an average 13-cent a gallon hike over the past two weeks. Newark, New Jersey, gets off easy at $1.91. In Honolulu, $2.34 a gallon.

Time to break out the roller blades. Sorry, Kyra.

PHILLIPS: Atlanta wasn't in there, Tony. How much -- how much is it costing us?

HARRIS: You know, it's about, what, $1.90, $1.95 here?

PHILLIPS: That's true.

HARRIS: Depending on where you.

PHILLIPS: Right. Right. We should stay here and not move.

HARRIS: Yes.

PHILLIPS: All right. Higher crude oil prices are a big part of the gas price run-up. Valerie Morris joins us now live from the New York Stock Exchange with the latest on what's driving prices higher.

Hi, Valerie.

(STOCK REPORT)

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