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Terri Schiavo Case; News Briefing on Northern Minnesota School Shooting
Aired March 22, 2005 - 13:30 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, CNN ANCHOR: It was a church collapse in a little town by the name of Frame, West Virginia. You're actually seeing crews here making a rescue. We're told that five people have now been rescued in this church that collapsed this morning, about 11:30 West Virginia time. Frame county -- or, rather, Frame, West Virginia, is in Kennowaha (ph) County. A dispatcher with 911 says that so far five injuries reported, two entrapments, everybody rescued at this point.
And just blocks away from the CNN Center, the legal spotlight is on a federal appeals court in the Terri Schiavo case. A three-judge panel of the 11th Circuit is considering her parents latest appeal. Now, just hours ago, a federal judge in Florida refused to order the reinsertion of Terri Schiavo's feeding tube.
A $4 million fine has been imposed on the Graco Company for failing to report hundreds of safety incidents involving its products over an 11-year period. Now the products include infant carriers, high chairs, strollers. 12 million items in all. The company, Graco, says it never knowingly violated any reporting requirements. Graco is also recalling more than a million toddler beds after children's limbs were trapped between the slats. Those beds were sold between 1994 and 2001.
The Amber Alert for two missing Georgia children expands from Georgia into North and South Carolina. Police say 27-year-old Terrence McDowell of Riverdale, Georgia assaulted his ex-girlfriend in her home, critically wounding her father, then abducting her two children. Police, now looking for a 1998 green Kia, Georgia license plate ARL 5783.
Monaco's Prince Rainier has been moved to an intensive-care unit. He entered the hospital in Monaco just two weeks ago with a chest infection. The 81-year-old prince has a history of heart problems.
A severe weather system is aiming at the U.S. here in Georgia. Thunderstorms are pounding areas toward the west with heavy rain and high winds. A string of tornadoes hit Oklahoma. Here's a good look at that twister, skipping across Alfalfa County. Those tornadoes did minor damage in central Oklahoma, and along the border with Kansas, but no serious injuries are reported.
(WEATHER REPORT)
PHILLIPS: Now as a three-judge panel of the 11th Circuit Court here in Atlanta, Georgia is considering Terri Schiavo's parents latest appeal, we're getting word now that Michael Schiavo, Terri's husband, has stepped forward, responded to this.
Miles O'Brien just across the street from us, in front of the courthouse.
What do we know, Miles?
MILES O'BRIEN, CNN ANCHOR: They just walked out with Michael Schiavo's filing, and I'm just going to share it with you. We've just had a chance to read it briefly. It's only about four or five pages. Michael Schiavo and his attorneys filing a notice of affidavit and preliminary request. And in essence, what he is saying is the requirement here for a temporary restraining order is not necessary. He says, "While time is of the essence here, there remains adequate time for this court to conduct an expedite and deliberate review of the appellant's claims and the apellee's (ph) responses while maintaining the status quo."
Translating the legalese here, Terri Schiavo, while no longer being supported by a feeding tube, is not going to die imminently, could last for several days. And in that period time, the court could actually consider the real merits of the case, as opposed to filing this temporary restraining order.
Now the third item is important, too, because this is part of their argument: "Reinstitution of artificial life support, even on a temporary basis, would violate the physical body adjudicated medical treatment wishes, vested rights, state court final judgments rendered in her favor and the liberty of Teresa (ph) Marie Schiavo, all contrary to various provisions of the United States constitution and Florida constitution."
And then it says here at the back of this is an addendum. By the way, one more thing, should this court enter any order requiring the reinstitution of artificial life support, Schiavo's lawyers say, they would like that stayed for eight hours, in order to permit that for Michael Schiavo to seek United States Supreme Court review.
So in his case, he thinks he is headed to the United States Supreme Court, if that were to occur, as does the other side. And then finally, at the back here, is an affidavit from a medical doctor, who talks a great detail, which I don't need to get into, but basically what it is, it talks about what reinsertion of that tube means. It's not as simple as you would imagine. It is a surgical procedure involving an incision into the abdomen.
And the point that Schiavo is tying to make here is that Terri Schiavo is not going to die imminently, in the next 24 hours. As a matter of fact, when the feeding tube was removed from her the last time in 2003, it was six days without that artificial-feeding tube, and she of course survived.
And so what he's saying is the court can get right to the meat of the matter and discuss the legal merits of the case, without going off and being sidetracked on this issue of a temporary restraining order, as to whether that tube should be inserted immediately, because it would actually violate her rights, and would be a complicated medical procedure.
So one more thing for this three-judge panel to consider here on this day. While there is time, time is of the essence, as we've been saying, what Michael Schiavo is saying is, let's not go too fast here -- Kyra.
PHILLIPS: We'll continue to wait for the judge's order, Miles, and check in with you.
Miles O'Brien is just outside the courthouse there as the drama continues to unfold in the Terri Schiavo case.
Meanwhile, stay with CNN for the very latest on the movements in that case.
Also ahead, David Letterman, back on the air for the first time since an alleged plot to kidnap his son was discovered. Listen to what he had to say to his viewers, when LIVE FROM returns.
(COMMERCIAL BREAK)
PHILLIPS: Now a situation that no family would ever want to face. On November 1st, civilian contractor Roy Hallums was taken hostage in Baghdad. You'll remember this tape. Last month, he appeared in this video with a gun to his head, asking for help from his family and from Libyan leader Muammar Gaddafi. But there's no way to know when that tape was made, no way to know where Roy Hallums is or even how he is. So what would you do?
Joining us from Memphis, Roy Hallum's daughter Amanda, his ex- wife Susan, just to talk about the agonizing vigil right now. And of course, his granddaughter, Sabrina, the newest edition, joining her mother and grandmother today. Thank you so much for being with us.
Susan, let's start with you. I was looking at this Web site that you have up, in honor of Roy and talking about the search for Roy. And we look at these pictures of him, even as a little boy and a young boy, up on into being a father. What are you trying to achieve by getting just these pictures out there and all this information about your ex-husband?
SUSAN HALLUMS, EX-WIFE OF HOSTAGE ROY HALLUMS: Well, Kyra, it's been five months and I feel it's just -- that's too long. And when we saw the video in January, he said his health was bad and he's asked his family to help. So everyday, I just feel like it's our quest to help him in every way we can. But we really don't know what to do. We need information.
I've asked the captors to please contact us as a family. And, you know, I haven't heard from them. But we want to get him out of Baghdad. We want to get him home, where he belongs. And he's just a wonderful father. He's a good person. And he just needs to come home.
PHILLIPS: We'll talk more about the search after this videotape surfaced and the communication you believe that's taking place between insurgents company officials. But Amanda, as we look at pictures of your father, from when he was a little boy up until the last time you saw him, tell us about him as a dad, as a grandfather.
AMANDA HALLUMS, DAUGHTER OF HOSTAGE ROY HALLUMS: He's the best dad. He's the best grandfather. He'll do anything for you. And I just want to be there for him. And I want him home.
PHILLIPS: And I -- go ahead, I'm sorry.
A. HALLUMS: I want him home.
PHILLIPS: Well, let's talk about the Web site and what you're hoping to achieve. And I know, Amanda, that now your family has gathered money from putting a mortgage on your home, to other friends pitching in. Tell me about this reward that's out there to try and find out any information, if not just the whereabouts, of your father.
A. HALLUMS: We have a reward out for anybody that can give any kind of information to just let him go, to bring him home. $40,000 from the family, to please...
S. HALLUMS: Because we didn't know what else to do.
A. HALLUMS: We don't know what else to do.
PHILLIPS: Susan, do you feel like you're not getting enough from the FBI, from the police in Baghdad? I mean, are they in contact with you, saying that the investigation is still on, trying to find your ex-husband?
S. HALLUMS: Occasionally, but I think it's just been a long time and, you know, things happen. There's a -- you know, there's a lot going on in Baghdad. And I just don't want this lost in the shuffle because this happened five months ago. Because he's still our family member and we love him and Sabrina prays and cries for him every night and we all miss him and it's just -- it's just been too long.
PHILLIPS: Well, I know you told me the insurgents contact your husband's company about once a month.
S. HALLUMS: Right.
PHILLIPS: Asking for millions of dollars in ransom.
S. HALLUMS: Right.
PHILLIPS: Something else that former hostages have told you, and that is that insurgents actually, at times, have been moved by the children. So tell me what you've been teaching Sabrina and how you hope that might reach the insurgents.
S. HALLUMS: Well, Sabrina and and I just want to say to anybody that would know anything about him over there, to please have mercy and please have forgiveness. And we have -- say it.
SABRINA HALLUMS: (FOREIGN LANGUAGE) S. HALLUMS: And what does that mean?
A. HALLUMS: Please release Da Paw (ph).
PHILLIPS: So she learned to speak Arabic.
S. HALLUMS: She learned to say please release my grandfather in Arabic because she aches and cries for him and prays for him every single night.
A. HALLUMS: It's in God's hands.
PHILLIPS: Amanda and Susan and Sabrina, we will definitely not forget Roy, your father...
A. HALLUMS: Please don't forget.
PHILLIPS: ... your ex-husband, the grandfather. Once again, you can log on to Roy Hallums' Web site, learn more about him and the investigation. We'll definitely keep you and him in our prayers as you circulate that flyer. $40,000 reward now of family money for anyone that knows anything about Roy Hallums. Thank you so much, all three of you.
S. HALLUMS: Thank you, Kyra.
A. HALLUMS: Thank you.
S. HALLUMS: Thank you for your concerns and thank you CNN. Our family truly appreciates your efforts, too.
PHILLIPS: It's our pleasure. I know it's not an easy thing, Susan.
S. HALLUMS: Thank you, Kyra, and I would appreciate everybody going on our Web site, freeroy.net. That means a lot to our family.
PHILLIPS: It's our pleasure.
S. HALLUMS: Thank you.
PHILLIPS: Up next, what residents learned about one of their neighbors on that Web site that got him kicked out of the neighborhood. We're moving on to another investigation now and that is Jessica Lunsford, her death. And how sex offenders run free on a daily basis.
(COMMERCIAL BREAK)
PHILLIPS: Videotape, via our affiliate WNYW. We didn't want to show this to you live. Just in case the hostage is still inside this home, we didn't want to put this hostage in danger in any way. Now we're showing the tape from -- within the last half hour, a SWAT team in New Brunswick, New Jersey surrounding a home where authorities believe one or two men are holding a 14-year-old girl hostage inside this home. The SWAT team has already surrounded it. As you can see, New Brunswick police department saying the hostage may have even sexually assaulted the 14-year-old that's being held hostage in this home. Like I said before, this is videotape, not live pictures. We don't know what exactly has happened since the SWAT team moved in. We'll keep you updated on the hostage situation and the condition of the 14-year-old girl believed to be inside.
Well, the story of Jessica Lunsford strikes fear in every parent that hears it, especially after learning that the man who was charged with her murder was living within eyesight of the girl' home. Is it possible a child predator is living in your neighborhood?
CNN's David Mattingly with one story of what happened when one suburban Atlantic community found a sexual offender living in their midst.
(BEGIN VIDEOTAPE)
DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): At first glance, it looks like so many other safe, well-to-do neighborhoods in a suburban sprawl north of Atlanta. But all it took to shatter the peace was one anonymous parent who visited a sexual offenders registry on a Web site run by the Georgia Bureau of Investigation.
Listed under the zip code, they found the name and picture of a new neighbor who had just moved from South Carolina and who had been convicted in 1997 of committing a lewd act upon a child under the age of 14.
CHRISTA KUGELMAN, FINDLEY CHASE RESIDENT: Panic, sick. I mean, I felt sick to my stomach.
MATTINGLY: There are more than 9,500 sexual offenders registered in Georgia, including two others in that same zip code, one convicted of sexual assault, the other of statutory rape. But this one case was different. Parents found a way to make the offender move.
(on camera): In accordance with the law, the offender notified the county sheriff's department of his move to Georgia. But unknown to those same authorities, he was living in violation of the terms of his parole, within 1,000 feet of the local elementary school.
(voice-over): Parents reported the zone violation to the county sheriff, and the offender was given two weeks to move.
JINNY CARTER, FINDLEY CHASE RESIDENT: The fact that we do live in a neighborhood where it is next to a school, it does give us a little bit more comfort, knowing that we know he cannot or a sex offender cannot move into our neighborhood.
MATTINGLY: But the failure of law enforcement to check for school...
(END VIDEOTAPE)
PHILLIPS: I apologize for jumping out of that piece there. Now to Red Lake Reservation in Minnesota, where Paul McCabe, FBI special agent in charge, talks about the teen's rampage that left 10 people dead in Minnesota.
(JOINED IN PROGRESS)
PAUL MCCABE, FBI SPECIAL AGENT: ... will not take any questions. After that, special agent in charge will give a brief statement on the fact as we know it today.
Chairman Jourdain.
FLOYD JOURDAIN, CHAIRMAN, RED LAKE OJIBWA NATION: First, I'd like to thank you all for your concern. And we would like to give our thoughts and our prayers out to the families and the victims of yesterday's unfortunate occurrence. Yesterday's very, very unfortunate and tragic series events took place at our public school. There were several fatalities. I will defer the specifics to the federal bureau of investigation. This is a federal Indian reservation where the FBI has jurisdiction in major crimes. I will defer any specific questions in regards to investigations in any individuals would may have been involved or victims to the FBI.
There's been an outpouring of support for our community. Calls are coming in from around the world and across Indian country. We have several agencies converging on our reservation to offer support. They are here at our consent and our permission, and we appreciate that. The FBI, of course, the ATF, the Criminal Law (ph) Bureau of Apprehension. The Red Cross is here. We've been notified by Blue Shield as well.
The professionals are coming today at 1:00 at our community centers. We will be offering support, crisis support, for families of the victims and any community members that might feel the need to talk with somebody. We have professional people from all over the country who are going to be coming here to assist us with their expertise. Our community is devastated by this event. We have never seen anything like this in the history of our tribe. And without doubt this is the darkest days in the history of our people.
And right now, we're in utter disbelief and shock and, again, our prayers go out to the families and we appreciate all the assistance from the professional people who did a fine job. Unfortunately, we lost lives yesterday, but we commend those who work diligently to, in their efforts to try to save the lives of individuals and families. So thank you, again, very much, to everybody, and we look forward to your continued support.
MICHAEL PABMAN, FBI: Good afternoon.
First, on behalf of the entire law enforcement community, we want to extend our condolences to the families and to the entire community. We understand the enormity of this tragedy. We understand that we must provide you some information as is appropriate and will do so with the recognition that, first, we must protect the privacy of the families, and we must also protect the integrity of an ongoing investigation. The information, as we know now, is that sometime prior to the incident at the school, the assailant, who has now been identified as Jeffrey Weise, age 16, went to the residence of his grandfather, Darryl Luscher (ph). Mr. Luscher is a sergeant with the Red Lake Police Department. There, armed, we believe, with a .22 caliber weapon, Mr. Weise shot and killed Mr. Luscher and his companion, Michelle Sagana (ph).
Mr. Weise, then, we believe, took the police bulletproof vest and gun belt of his grandfather, donned those, got into the police vehicle, his grandfather had, and drove to the school, driving up right to the door. As he got out of the car and entered the school, he was confronted by an unarmed security guard, Darrick Brun (ph), age 28. At that time, Mr. Weise, it's believed, shot and killed security guard Brun.
We believe, then, that Mr. Weise proceeded down the hall to the school. And down the hall, he saw a teacher and some students. The teacher, Mrs. Niva Rogers (ph), aged 52. He fired some shots in their direction. Understandably, they fled into a classroom. Mr. Weise continued to pursue them into the classroom. It is there that he opened fire, killing a number of students and the teacher.
Shortly after that, Mr. Weise continued to roam through the school, firing randomly. At this time, we cannot say who was injured and where during that random firing.
Shortly after that, four police officers entered the school. Mr. Weise did fired upon them, and one of the officers returned fire. At this time, we do not know if Mr. Weise sustained any injuries as a result of that exchange of fire, but no police officers were hurt at that time.
Shortly after that exchange, Mr. Weise went back into the classroom, where he previously fired upon those people, and he took his own life. At this point, the investigation is continuing. And all further media, our releases will be done through the FBI's office in Minneapolis, through special agent Paul McCabe.
I just want to acknowledge the effort of other agencies who have been of great assistance to the FBI in this matter, the Red Lake Police Department, Bureau of Alcohol, Tobacco and Firearms, the Minnesota BCA, the Minnesota State Patrol, Leech Lake Tribal Police, Bell Trammy (ph) County Sheriff's Office, BIA, the Red Lake Indian Health Services, the U.S. attorney's office, the Minnesota DNR, and the Cask (ph) County Sheriff's Office.
QUESTION: (INAUDIBLE)
PABMAN: There were a number of weapons involved.
QUESTION: Any theories on a motive?
PABMAN: Not at this time.
QUESTION: Was there a metal detector at the entrance where the unarmed security guard was, or at any other entrances?
PABMAN: There was a metal detector at the entrance, yes.
QUESTION: Only one in the whole school?
PABMAN: I know there was one at the entrance site. I can't answer whether....
QUESTION: The entrance he came through?
PABMAN: Yes.
QUESTION: Special agent, as you get into this and you're looking at it, are you finding out there may have been early indicators like him writing messages on the Internet or whatever? Are you finding any of that out or not?
PABMAN: Well, there could be come clues. It's a little premature to make that determination. But we're certainly open to looking at that.
QUESTION: (INAUDIBLE)
PABMAN: There is a videotape. Of the videotape -- the videotape, as I understand it is of him in the hallway. None of the shootings were caught on the videotape.
QUESTION: Did he leave any messages behind?
PABMAN: Not that I'm aware of right now.
QUESTION: (UNINTELLIGIBLE)?
PABMAN: I'm sorry, what's that?
QUESTION: (UNINTELLIGIBLE)?
PABMAN: Not at this time, no.
QUESTION: What about 911 calls?
QUESTION: (UNINTELLIGIBLE)?
PABMAN: I'm sorry, sir?
QUESTION: Do you believe that the videotape is showing the gunman as he is approaching the first class before...
PABMAN: I don't know if we know that. Do we know that yet? Do we have that information?
I don't know if we have that information yet. We haven't determined that.
QUESTION: What's the time? How long?
PABMAN: This went approximately less than 10 minutes, we believe.
QUESTION: And how much earlier at his grandfather's place?
PABMAN: That we cannot -- we cannot determine that at this time. It did precede the school incident.
QUESTION: Any sense of how many shots he fired?
PABMAN: I was at the school. There were lots of rounds there, a lot of damage. OK? I don't know if we have a count on the number yet.
Have we?
UNIDENTIFIED MALE: No, not yet.
PABMAN: No. Just a lot of rounds.
QUESTION: One police officer returned fire?
PABMAN: That's what we know now, yes.
QUESTION: (UNINTELLIGIBLE) any computers that he may have used to see what kind of activity he had on the Internet?
PABMAN: Yes, we are.
QUESTION: Had Mr. Weise had any prior police contact? We've heard something about the year before at the school. What's his level of prior contact?
PABMAN: I'm not informed of any prior police contact.
Do you know of any?
No, we don't know of any yet. There may have been, but we have not been informed.
QUESTION: There are postings on neo-Nazi sites on the Internet that appear to be from him. Can you confirm whether they're from him?
PABMAN: I cannot confirm.
QUESTION: Are you aware of anybody that may have been...
PABMAN: I'm sorry, hold on. Let me get back here.
QUESTION: Are you aware of anybody that may have been complicit, or are you satisfied that he acted alone and that this is over?
PABMAN: At this time we believe he acted alone, but we certainly have to explore all possibilities. But we do believe at this time he acted alone.
Sir?
QUESTION: Was he looking through his grandfather's house?
PABMAN: I don't think he was, no. No, he was not.
QUESTION: What kind of planning do you think went into this? Did he have this planned, or was it spur of the moment?
PABMAN: I think the nature of the activities would indicate there was some planning. But again, we have to do further investigation. But that would be the indicators now.
QUESTION: Was there a hit list?
PABMAN: Not that I'm aware of.
QUESTION: Do we know where he was living?
QUESTION: Do we know where he was living?
UNIDENTIFIED MALE: Yes, we do, but we're not going to disclose it.
PABMAN: We do, but we're not going to disclose that now.
QUESTION: The people killed (UNINTELLIGIBLE) random...
PABMAN: It does appear to be random, yes.
QUESTION: Was there a precipitating argument with the grandfather or anything at this point? I mean, was there a grudge with his grandparents? Was there a grudge with the school?
PABMAN: We're not aware of a grudge or anything that preceded that, and we don't know what occurred at the grandfather's residence prior to this.
QUESTION: Any indication of drug use?
PABMAN: That we don't know yet.
QUESTION: What was the status at school? We've heard that he was in some sort of a home-schooling situation or he had been suspended.
PABMAN: I'm not prepared to comment on those things yet.
QUESTION: Was the woman...
PABMAN: I'm sorry?
QUESTION: Was the woman at the house with his grandfather his grandmother?
PABMAN: No, that was the grandfather's companion, from my understanding.
QUESTION: (UNINTELLIGIBLE)? PABMAN: That would be the natural course of the investigation, yes.
QUESTION: Are you aware of that?
PABMAN: Yes.
I'm sorry? Who had a question?
QUESTION: Right here. Can you give us the condition (UNINTELLIGIBLE)?
PABMAN: No, in respect of their privacy we're not going to do that.
QUESTION: (UNINTELLIGIBLE)?
PABMAN: We will release the names of all the deceased, yes. You will get that list, yes.
QUESTION: Will that be today?
PABMAN: Yes.
QUESTION: What about 911 calls?
PABMAN: Hold on a second. I would not be in a position to release that. That would have to come from (UNINTELLIGIBLE).
QUESTION: Who would have jurisdiction over that?
PABMAN: The police department. But I don't think we'll be releasing any evidence.
QUESTION: Can you confirm there were calls from cell phones from students in the school that were in the classroom that you're describing?
PABMAN: There were, but we don't have any specifics that we can give you now.
Ma'am?
QUESTION: (UNINTELLIGIBLE) that he had obtained (UNINTELLIGIBLE). Was he wearing them when he went into the school?
PABMAN: Yes, he was, I believe. The vests and the belt were worn at the time he went into the school, yes.
QUESTION: (UNINTELLIGIBLE) doesn't want to answer questions. Are these restrictions on access to the reservation just of the media, or what are the restrictions? I know that one is here and then basically (UNINTELLIGIBLE).
PABMAN: I don't want to speak for the chairman.
QUESTION: Have you been restricted at all?
KYRA PHILLIPS, CNN ANCHOR: Welcome to the top of the hour of LIVE FROM. We are listening to a news conference with FBI Agent Michael Pabman as he addresses reporters on the Red Lake reservation in Minneapolis, talking about the young teen rampage that left 10 people dead on that reservation in Minnesota.
Just a quick update from police there, not really adding to what we've already told you. But police now confirming that they believe that a young man by the name of Jeff Weise, 16 years old, took his grandfather's .22-caliber gun, and going on this school shooting which is now being called the worst U.S. school shooting since Columbine. Police saying he gunned down five students, a teacher, a guard, and then also taking the life of his grandfather, his grandfather's wife, and then turning the gun on himself. We will continue to follow this story and any new developments that comes out of it.
Meanwhile, we want to talk more again this hour about anguish and anger, defiance and desperation, all colliding in a court proceeding with Terri Schiavo, of course, at the center of it all. Today the court is the 11th U.S. Circuit Court of Appeals right here in Atlanta. Schiavo's parents are appealing a district judge's refusal hours earlier to reinsert Schiavo's feeding tube which has been disconnected for four days. Schiavo's husband says there's no need to reinstate feeding for the appeals court to consider the case's merits.
We get the very latest from our LIVE FROM colleague, Miles O'Brien. He's at the Atlanta federal courthouse. And Bob Franken is at Schiavo's hospice in Pinellas, Florida.
Miles, why don't you begin.
MILES O'BRIEN, CNN ANCHOR: Well, Kyra, this all began when the United States Congress, of course, on Palm Sunday, in the wee hours, passed a law which sort of threw this whole case, which it was, after all, a case that was adjudicated thoroughly over the past seven or eight years in Florida state courts into the federal bailiwick. And the federal judge in Tampa was given this task of considering the merits of the case and, more specifically, whether it was important that a feeding tube be reinserted into Terri Schiavo while this case was considered.
Now, we've just received a copy of the more official appeal of that judge's decision down in Florida. He said there is no need for that temporary injunction, that restraining order, under several criteria, basically saying that the likelihood of success for this case was too low to warrant that restraining order, forcing the feeding tube back in.
But here, let me show you the language of the appeal. This comes from the Schindlers' attorney, the parents of Terri Schiavo, in essence saying, the purpose underlying Congress' passage of the PL 1093 (ph) -- that's the law, the Terri Schiavo law, if you will, was to preserve the life of Terri Schiavo pending the district court, the federal court's de novo, meaning new review of her federal rights. Judge Whittemore's order -- he's the Tampa judge, district judge -- denies these petioners -- that's the patients of Terri Schiavo -- the rights accorded by them in that law. And he has given them no opportunity to meaningfully develop their case prior to making what will be a final adjudication of the merits in light of Terri's imminent death. In other words, she'll die before a decision can be made on this case.
Just to sum it up, at the back, they say this: "As matters now stand, this court" -- the federal court -- "will be absolutely unable to effect a meaningful review of the petitioners' appeal unless it grants an emergency injunctive relief" -- meaning forcing that feeding tube in -- "requiring that nutrition and hydration be immediately restored to Terri Schiavo for the very stark and simple reason that Terri may die at any time. If that happens, the appeal will become moot."
Well, now, this comes after a counter-filing, if you will. It comes from the estranged husband of Terri Schiavo, Michael Schiavo, which says that, in essence, time is not as short as many have been led to believe. Let me just show you a brief excerpt of that filing.
He says, his attorneys say, "There remains adequate time for this court to conduct an expedited and deliberate review of the apellants' claims and the apellees' responses while maintaing the status quo." So, in both cases, they say the status quo is the key here.
Michael Schiavo saying the status quo is, with the feeding tube out, she will remain alive. On the other side, they're saying if the feeding tube is not inserted, the status quo is not going to remain. She will, in fact, expire. She will die.
Now, there is -- has been quite a scene here, as wherever this case goes there's a tremendous amount of emotion on both sides. Protesters showing up as it became evident that the 11th Circuit Appeals Court, the three-judge panel here, on what is considered a moderate to conservative court, was considering this case today and may come up with a rather speedy ruling. We heard from some of those protesters who camped out with the media just a little while ago.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: This is a privacy issue. It's a family issue. This has been decided in the courts numerous times. And Congress has no business whatsoever interfering in this issue.
It's just another instance of Republican hypocrisy. They're using this as a political football to kick around, and it doesn't need to be that way.
(END VIDEO CLIP)
O'BRIEN: All right. That's one side of it. We've heard from both sides of this argument all day long on this rainy day as this three-judge panel considers this long, drawn-out, emotional saga of Terri Schiavo -- Kyra. PHILLIPS: Miles O'Brien just outside the courthouse. We'll continue to check in with you. Thanks, Miles.
Moving on to the suspect in the kidnapping and killing of a Florida girl will remain behind bars without bond. Repeat sex offender John Evander Couey made a court appearance in Citrus County today through a video link between Lecanto and Inverness, the county seat. Police say that Couey confessed to abducting and killing 9- year-old Jessica Marie Lunsford. Her body was found buried in a yard near her home.
Judge Mark Yerman ordered Couey held without bond.
(BEGIN VIDEO CLIP)
JUDGE MARK YERMAN: This is an infamous case here. And, of course, the acts that you're accused of and apparently you confessed to are really beyond words. The bond is going to stay at no bond. And if you are found guilty of this offense, sir, I am absolutely certain that your opportunity to satisfy your lust for power for the death of innocence will be ended.
Thank you, sir.
(END VIDEO CLIP)
PHILLIPS: Couey faces charges of capital murder, burglary with battery, kidnapping and sexual battery on someone younger than 12.
Well, a man suspected of plotting to kidnap late-night talk show host David Letterman's young son and nanny has pleaded not guilty. Kelly Frank allegedly planned to abduct the two at the comedian's Montana ranch and hold them for ransom. Last night, Letterman thanked the authorities who intervened.
(BEGIN VIDEO CLIP)
DAVID LETTERMAN, TALK SHOW HOST: Last week my family and I were involved in a little legal activity. And fortunately everything turned out fine. But I just want to take a second here to thank some people.
(APPLAUSE)
Legal investigation, criminal activity. I want to thank FBI Special Agent Jim Wilson, FBI Special Agent Aaron Vanhoff (ph), Teton County Sheriff George Anderson, Teton County attorney Joe Kobel (ph) and the great people of Choteau, Montana. They have always made me and my family feel entirely welcome and as though it were our home, and that's how we think of it.
(END VIDEO CLIP)
PHILLIPS: Well, Kelly Frank was a painter at Letterman's ranch near Choteau, Montana. We'll continue to follow up on that case also.
A daring bolt for freedom caught on tape. A robbery suspect made a run for it while Detroit police tried to take him in.
Well, the whole thing was videotaped, as you can see, by a local TV station. The perp in cuffs and all. Authorities say the suspect was one of two men who held up a gas station employee. They eventually caught up with him.
A former nurse for Terri Schiavo says the brain-damaged woman's husband was anything but caring.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: He would get right up to you, scream. He would say "Do not" -- "Do not follow the doctor's orders. Follow my orders."
(END VIDEO CLIP)
PHILLIPS: See my entire interview with Carla Iyer and a fact check on her story later this hour.
Next, though, that funny feeling you might be experiencing could be rising interest rates. The Fed makes the call in just minutes.
And finally, a way to kick spam back to the folks who clutter your mailbox. I know, they annoy us all. Find out how right after this.
(COMMERCIAL BREAK)
PHILLIPS: News "Across America" now.
A plan to counterattack spam. IBM wants to take the spam war back to the senders' camp. It's unveiling a new service today that can track and send unwanted e-mail back to the computers from whence they came. IBM says it's being careful not to violate anti-hacking laws.
Double trouble for Graco children's products. The company is recalling more than one million toddler beds sold between 1994 and 2001. There's concern of injury to children's arms and legs if they're trapped between slats in the bed's guardrails and foot boards.
Toddler bed recall includes Cozy, Glow in the Dark and Classic models. Graco has also been fined $4 million for failing to report hundreds of incidents and injuries involving some of its other products. It's the largest civil penalty ever issued.
And are too many people winning Powerball jackpots? Well, more winners mean smaller jackpots. That equates to less interest. Officials of the multi-state lottery say they could lose $400 million in ticket sales. So they're considering tweaking the game, making it harder to win.
Well, the Federal Reserve has just announced a much-anticipated decision on interest rates. CNN's Valerie Morris live at the New York Stock Exchange with details. (STOCK MARKET REPORT)
PHILLIPS: Straight ahead, severe weather warning. Tornadoes and hail pounding the Southeast. Where's the system heading? Jacqui Jeras has your forecast.
Also ahead, as appeals court judges weigh Terri Schiavo's case, our own Miles O'Brien returns with an insider's view of the court.
That and more right after this.
(COMMERCIAL BREAK)
PHILLIPS: We're continuing to follow this story out of New Brunswick, New Jersey. One, possibly two men holding a 14-year-old girl hostage inside this home. A S.W.A.T. team does have it surrounded at this point.
Our Deb Feyerick right -- pretty close to the house, joins us by phone to tell us more on what the situation is.
Actually, Deb, I've got a tight shot here of it looks like a hostage negotiator standing behind the S.W.A.T. team via tape, actually, trying to communicate with either the one or two men inside the house, obviously trying to negotiate. Can you tell us the latest if, indeed, that's still happening or if they've made contact?
DEBORAH FEYERICK, CNN CORRESPONDENT: Well, we're about a half a block away. And one of the things that we've learned is that this man did not want to talk to police.
It's playing out -- just to locate you -- several blocks away from Rutgers University. And as we pulled up on scene, I spoke to a man who said that he ran to the scene when he heard what was going on because he believed that his niece was inside the house. Apparently this is a three-family house. And the man, by the name of Larry Boyd (ph), told me that police brought him into a cruiser to listen to the 911 call that was made.
Apparently the 14-year-old girl was in the bedroom. She said that a guy had handcuffed her to the bed, and he says, you hear her in the room, and then the man comes in. The phone is hung up.
And then the man calls police back on 911. And according to this man, Larry Boyd (ph), he -- the 911 tape he listened to said, "If you send any police I'm going to kill the girl." And the reason that they were playing this 911 tape for this man is that they wanted to see whether, in fact, he might have recognized the voice of the man who was making that second call.
So right now we're about half a block away. And the reason we're not showing you live pictures is because this is an active scene right now. And, of course, the S.W.A.T. team, delicate operations. They certainly don't want to give out their location, and neither does CNN, and that's why we're reporting -- we're showing you these taped videos. And also, you've got a lot of people here. They're looking at the action. But everybody about a block away from the scene as they try to coax this man out and try to get this girl released unharmed -- Kyra.
PHILLIPS: So right now, then, considering all the points you've made, we don't know if, indeed, they have made contact with this man inside the home? We don't know the condition of the 14-year-old at this time? Police are still trying to communicate with the man inside? Is that right?
FEYERICK: That is correct. And police do believe that he has weapons. And so that's one of the reasons that they're treating this so delicately.
And we don't know -- there had been some reports that perhaps the girl had been abused in some way, but we have not confirmed that. Again, this is really playing out right now.
PHILLIPS: All right. Deborah Feyerick there just outside this home in New Brunswick, New Jersey. We'll continue to follow the hostage situation that's going on right now.
A 14-year-old girl inside. We don't know her condition, but we'll bring you more as we get it.
Meanwhile, we're keeping our eye on some potentially big storms out there. Jacqui Jeras has been tracking all the action.
(WEATHER REPORT)
(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 22, 2005 - 13:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: It was a church collapse in a little town by the name of Frame, West Virginia. You're actually seeing crews here making a rescue. We're told that five people have now been rescued in this church that collapsed this morning, about 11:30 West Virginia time. Frame county -- or, rather, Frame, West Virginia, is in Kennowaha (ph) County. A dispatcher with 911 says that so far five injuries reported, two entrapments, everybody rescued at this point.
And just blocks away from the CNN Center, the legal spotlight is on a federal appeals court in the Terri Schiavo case. A three-judge panel of the 11th Circuit is considering her parents latest appeal. Now, just hours ago, a federal judge in Florida refused to order the reinsertion of Terri Schiavo's feeding tube.
A $4 million fine has been imposed on the Graco Company for failing to report hundreds of safety incidents involving its products over an 11-year period. Now the products include infant carriers, high chairs, strollers. 12 million items in all. The company, Graco, says it never knowingly violated any reporting requirements. Graco is also recalling more than a million toddler beds after children's limbs were trapped between the slats. Those beds were sold between 1994 and 2001.
The Amber Alert for two missing Georgia children expands from Georgia into North and South Carolina. Police say 27-year-old Terrence McDowell of Riverdale, Georgia assaulted his ex-girlfriend in her home, critically wounding her father, then abducting her two children. Police, now looking for a 1998 green Kia, Georgia license plate ARL 5783.
Monaco's Prince Rainier has been moved to an intensive-care unit. He entered the hospital in Monaco just two weeks ago with a chest infection. The 81-year-old prince has a history of heart problems.
A severe weather system is aiming at the U.S. here in Georgia. Thunderstorms are pounding areas toward the west with heavy rain and high winds. A string of tornadoes hit Oklahoma. Here's a good look at that twister, skipping across Alfalfa County. Those tornadoes did minor damage in central Oklahoma, and along the border with Kansas, but no serious injuries are reported.
(WEATHER REPORT)
PHILLIPS: Now as a three-judge panel of the 11th Circuit Court here in Atlanta, Georgia is considering Terri Schiavo's parents latest appeal, we're getting word now that Michael Schiavo, Terri's husband, has stepped forward, responded to this.
Miles O'Brien just across the street from us, in front of the courthouse.
What do we know, Miles?
MILES O'BRIEN, CNN ANCHOR: They just walked out with Michael Schiavo's filing, and I'm just going to share it with you. We've just had a chance to read it briefly. It's only about four or five pages. Michael Schiavo and his attorneys filing a notice of affidavit and preliminary request. And in essence, what he is saying is the requirement here for a temporary restraining order is not necessary. He says, "While time is of the essence here, there remains adequate time for this court to conduct an expedite and deliberate review of the appellant's claims and the apellee's (ph) responses while maintaining the status quo."
Translating the legalese here, Terri Schiavo, while no longer being supported by a feeding tube, is not going to die imminently, could last for several days. And in that period time, the court could actually consider the real merits of the case, as opposed to filing this temporary restraining order.
Now the third item is important, too, because this is part of their argument: "Reinstitution of artificial life support, even on a temporary basis, would violate the physical body adjudicated medical treatment wishes, vested rights, state court final judgments rendered in her favor and the liberty of Teresa (ph) Marie Schiavo, all contrary to various provisions of the United States constitution and Florida constitution."
And then it says here at the back of this is an addendum. By the way, one more thing, should this court enter any order requiring the reinstitution of artificial life support, Schiavo's lawyers say, they would like that stayed for eight hours, in order to permit that for Michael Schiavo to seek United States Supreme Court review.
So in his case, he thinks he is headed to the United States Supreme Court, if that were to occur, as does the other side. And then finally, at the back here, is an affidavit from a medical doctor, who talks a great detail, which I don't need to get into, but basically what it is, it talks about what reinsertion of that tube means. It's not as simple as you would imagine. It is a surgical procedure involving an incision into the abdomen.
And the point that Schiavo is tying to make here is that Terri Schiavo is not going to die imminently, in the next 24 hours. As a matter of fact, when the feeding tube was removed from her the last time in 2003, it was six days without that artificial-feeding tube, and she of course survived.
And so what he's saying is the court can get right to the meat of the matter and discuss the legal merits of the case, without going off and being sidetracked on this issue of a temporary restraining order, as to whether that tube should be inserted immediately, because it would actually violate her rights, and would be a complicated medical procedure.
So one more thing for this three-judge panel to consider here on this day. While there is time, time is of the essence, as we've been saying, what Michael Schiavo is saying is, let's not go too fast here -- Kyra.
PHILLIPS: We'll continue to wait for the judge's order, Miles, and check in with you.
Miles O'Brien is just outside the courthouse there as the drama continues to unfold in the Terri Schiavo case.
Meanwhile, stay with CNN for the very latest on the movements in that case.
Also ahead, David Letterman, back on the air for the first time since an alleged plot to kidnap his son was discovered. Listen to what he had to say to his viewers, when LIVE FROM returns.
(COMMERCIAL BREAK)
PHILLIPS: Now a situation that no family would ever want to face. On November 1st, civilian contractor Roy Hallums was taken hostage in Baghdad. You'll remember this tape. Last month, he appeared in this video with a gun to his head, asking for help from his family and from Libyan leader Muammar Gaddafi. But there's no way to know when that tape was made, no way to know where Roy Hallums is or even how he is. So what would you do?
Joining us from Memphis, Roy Hallum's daughter Amanda, his ex- wife Susan, just to talk about the agonizing vigil right now. And of course, his granddaughter, Sabrina, the newest edition, joining her mother and grandmother today. Thank you so much for being with us.
Susan, let's start with you. I was looking at this Web site that you have up, in honor of Roy and talking about the search for Roy. And we look at these pictures of him, even as a little boy and a young boy, up on into being a father. What are you trying to achieve by getting just these pictures out there and all this information about your ex-husband?
SUSAN HALLUMS, EX-WIFE OF HOSTAGE ROY HALLUMS: Well, Kyra, it's been five months and I feel it's just -- that's too long. And when we saw the video in January, he said his health was bad and he's asked his family to help. So everyday, I just feel like it's our quest to help him in every way we can. But we really don't know what to do. We need information.
I've asked the captors to please contact us as a family. And, you know, I haven't heard from them. But we want to get him out of Baghdad. We want to get him home, where he belongs. And he's just a wonderful father. He's a good person. And he just needs to come home.
PHILLIPS: We'll talk more about the search after this videotape surfaced and the communication you believe that's taking place between insurgents company officials. But Amanda, as we look at pictures of your father, from when he was a little boy up until the last time you saw him, tell us about him as a dad, as a grandfather.
AMANDA HALLUMS, DAUGHTER OF HOSTAGE ROY HALLUMS: He's the best dad. He's the best grandfather. He'll do anything for you. And I just want to be there for him. And I want him home.
PHILLIPS: And I -- go ahead, I'm sorry.
A. HALLUMS: I want him home.
PHILLIPS: Well, let's talk about the Web site and what you're hoping to achieve. And I know, Amanda, that now your family has gathered money from putting a mortgage on your home, to other friends pitching in. Tell me about this reward that's out there to try and find out any information, if not just the whereabouts, of your father.
A. HALLUMS: We have a reward out for anybody that can give any kind of information to just let him go, to bring him home. $40,000 from the family, to please...
S. HALLUMS: Because we didn't know what else to do.
A. HALLUMS: We don't know what else to do.
PHILLIPS: Susan, do you feel like you're not getting enough from the FBI, from the police in Baghdad? I mean, are they in contact with you, saying that the investigation is still on, trying to find your ex-husband?
S. HALLUMS: Occasionally, but I think it's just been a long time and, you know, things happen. There's a -- you know, there's a lot going on in Baghdad. And I just don't want this lost in the shuffle because this happened five months ago. Because he's still our family member and we love him and Sabrina prays and cries for him every night and we all miss him and it's just -- it's just been too long.
PHILLIPS: Well, I know you told me the insurgents contact your husband's company about once a month.
S. HALLUMS: Right.
PHILLIPS: Asking for millions of dollars in ransom.
S. HALLUMS: Right.
PHILLIPS: Something else that former hostages have told you, and that is that insurgents actually, at times, have been moved by the children. So tell me what you've been teaching Sabrina and how you hope that might reach the insurgents.
S. HALLUMS: Well, Sabrina and and I just want to say to anybody that would know anything about him over there, to please have mercy and please have forgiveness. And we have -- say it.
SABRINA HALLUMS: (FOREIGN LANGUAGE) S. HALLUMS: And what does that mean?
A. HALLUMS: Please release Da Paw (ph).
PHILLIPS: So she learned to speak Arabic.
S. HALLUMS: She learned to say please release my grandfather in Arabic because she aches and cries for him and prays for him every single night.
A. HALLUMS: It's in God's hands.
PHILLIPS: Amanda and Susan and Sabrina, we will definitely not forget Roy, your father...
A. HALLUMS: Please don't forget.
PHILLIPS: ... your ex-husband, the grandfather. Once again, you can log on to Roy Hallums' Web site, learn more about him and the investigation. We'll definitely keep you and him in our prayers as you circulate that flyer. $40,000 reward now of family money for anyone that knows anything about Roy Hallums. Thank you so much, all three of you.
S. HALLUMS: Thank you, Kyra.
A. HALLUMS: Thank you.
S. HALLUMS: Thank you for your concerns and thank you CNN. Our family truly appreciates your efforts, too.
PHILLIPS: It's our pleasure. I know it's not an easy thing, Susan.
S. HALLUMS: Thank you, Kyra, and I would appreciate everybody going on our Web site, freeroy.net. That means a lot to our family.
PHILLIPS: It's our pleasure.
S. HALLUMS: Thank you.
PHILLIPS: Up next, what residents learned about one of their neighbors on that Web site that got him kicked out of the neighborhood. We're moving on to another investigation now and that is Jessica Lunsford, her death. And how sex offenders run free on a daily basis.
(COMMERCIAL BREAK)
PHILLIPS: Videotape, via our affiliate WNYW. We didn't want to show this to you live. Just in case the hostage is still inside this home, we didn't want to put this hostage in danger in any way. Now we're showing the tape from -- within the last half hour, a SWAT team in New Brunswick, New Jersey surrounding a home where authorities believe one or two men are holding a 14-year-old girl hostage inside this home. The SWAT team has already surrounded it. As you can see, New Brunswick police department saying the hostage may have even sexually assaulted the 14-year-old that's being held hostage in this home. Like I said before, this is videotape, not live pictures. We don't know what exactly has happened since the SWAT team moved in. We'll keep you updated on the hostage situation and the condition of the 14-year-old girl believed to be inside.
Well, the story of Jessica Lunsford strikes fear in every parent that hears it, especially after learning that the man who was charged with her murder was living within eyesight of the girl' home. Is it possible a child predator is living in your neighborhood?
CNN's David Mattingly with one story of what happened when one suburban Atlantic community found a sexual offender living in their midst.
(BEGIN VIDEOTAPE)
DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): At first glance, it looks like so many other safe, well-to-do neighborhoods in a suburban sprawl north of Atlanta. But all it took to shatter the peace was one anonymous parent who visited a sexual offenders registry on a Web site run by the Georgia Bureau of Investigation.
Listed under the zip code, they found the name and picture of a new neighbor who had just moved from South Carolina and who had been convicted in 1997 of committing a lewd act upon a child under the age of 14.
CHRISTA KUGELMAN, FINDLEY CHASE RESIDENT: Panic, sick. I mean, I felt sick to my stomach.
MATTINGLY: There are more than 9,500 sexual offenders registered in Georgia, including two others in that same zip code, one convicted of sexual assault, the other of statutory rape. But this one case was different. Parents found a way to make the offender move.
(on camera): In accordance with the law, the offender notified the county sheriff's department of his move to Georgia. But unknown to those same authorities, he was living in violation of the terms of his parole, within 1,000 feet of the local elementary school.
(voice-over): Parents reported the zone violation to the county sheriff, and the offender was given two weeks to move.
JINNY CARTER, FINDLEY CHASE RESIDENT: The fact that we do live in a neighborhood where it is next to a school, it does give us a little bit more comfort, knowing that we know he cannot or a sex offender cannot move into our neighborhood.
MATTINGLY: But the failure of law enforcement to check for school...
(END VIDEOTAPE)
PHILLIPS: I apologize for jumping out of that piece there. Now to Red Lake Reservation in Minnesota, where Paul McCabe, FBI special agent in charge, talks about the teen's rampage that left 10 people dead in Minnesota.
(JOINED IN PROGRESS)
PAUL MCCABE, FBI SPECIAL AGENT: ... will not take any questions. After that, special agent in charge will give a brief statement on the fact as we know it today.
Chairman Jourdain.
FLOYD JOURDAIN, CHAIRMAN, RED LAKE OJIBWA NATION: First, I'd like to thank you all for your concern. And we would like to give our thoughts and our prayers out to the families and the victims of yesterday's unfortunate occurrence. Yesterday's very, very unfortunate and tragic series events took place at our public school. There were several fatalities. I will defer the specifics to the federal bureau of investigation. This is a federal Indian reservation where the FBI has jurisdiction in major crimes. I will defer any specific questions in regards to investigations in any individuals would may have been involved or victims to the FBI.
There's been an outpouring of support for our community. Calls are coming in from around the world and across Indian country. We have several agencies converging on our reservation to offer support. They are here at our consent and our permission, and we appreciate that. The FBI, of course, the ATF, the Criminal Law (ph) Bureau of Apprehension. The Red Cross is here. We've been notified by Blue Shield as well.
The professionals are coming today at 1:00 at our community centers. We will be offering support, crisis support, for families of the victims and any community members that might feel the need to talk with somebody. We have professional people from all over the country who are going to be coming here to assist us with their expertise. Our community is devastated by this event. We have never seen anything like this in the history of our tribe. And without doubt this is the darkest days in the history of our people.
And right now, we're in utter disbelief and shock and, again, our prayers go out to the families and we appreciate all the assistance from the professional people who did a fine job. Unfortunately, we lost lives yesterday, but we commend those who work diligently to, in their efforts to try to save the lives of individuals and families. So thank you, again, very much, to everybody, and we look forward to your continued support.
MICHAEL PABMAN, FBI: Good afternoon.
First, on behalf of the entire law enforcement community, we want to extend our condolences to the families and to the entire community. We understand the enormity of this tragedy. We understand that we must provide you some information as is appropriate and will do so with the recognition that, first, we must protect the privacy of the families, and we must also protect the integrity of an ongoing investigation. The information, as we know now, is that sometime prior to the incident at the school, the assailant, who has now been identified as Jeffrey Weise, age 16, went to the residence of his grandfather, Darryl Luscher (ph). Mr. Luscher is a sergeant with the Red Lake Police Department. There, armed, we believe, with a .22 caliber weapon, Mr. Weise shot and killed Mr. Luscher and his companion, Michelle Sagana (ph).
Mr. Weise, then, we believe, took the police bulletproof vest and gun belt of his grandfather, donned those, got into the police vehicle, his grandfather had, and drove to the school, driving up right to the door. As he got out of the car and entered the school, he was confronted by an unarmed security guard, Darrick Brun (ph), age 28. At that time, Mr. Weise, it's believed, shot and killed security guard Brun.
We believe, then, that Mr. Weise proceeded down the hall to the school. And down the hall, he saw a teacher and some students. The teacher, Mrs. Niva Rogers (ph), aged 52. He fired some shots in their direction. Understandably, they fled into a classroom. Mr. Weise continued to pursue them into the classroom. It is there that he opened fire, killing a number of students and the teacher.
Shortly after that, Mr. Weise continued to roam through the school, firing randomly. At this time, we cannot say who was injured and where during that random firing.
Shortly after that, four police officers entered the school. Mr. Weise did fired upon them, and one of the officers returned fire. At this time, we do not know if Mr. Weise sustained any injuries as a result of that exchange of fire, but no police officers were hurt at that time.
Shortly after that exchange, Mr. Weise went back into the classroom, where he previously fired upon those people, and he took his own life. At this point, the investigation is continuing. And all further media, our releases will be done through the FBI's office in Minneapolis, through special agent Paul McCabe.
I just want to acknowledge the effort of other agencies who have been of great assistance to the FBI in this matter, the Red Lake Police Department, Bureau of Alcohol, Tobacco and Firearms, the Minnesota BCA, the Minnesota State Patrol, Leech Lake Tribal Police, Bell Trammy (ph) County Sheriff's Office, BIA, the Red Lake Indian Health Services, the U.S. attorney's office, the Minnesota DNR, and the Cask (ph) County Sheriff's Office.
QUESTION: (INAUDIBLE)
PABMAN: There were a number of weapons involved.
QUESTION: Any theories on a motive?
PABMAN: Not at this time.
QUESTION: Was there a metal detector at the entrance where the unarmed security guard was, or at any other entrances?
PABMAN: There was a metal detector at the entrance, yes.
QUESTION: Only one in the whole school?
PABMAN: I know there was one at the entrance site. I can't answer whether....
QUESTION: The entrance he came through?
PABMAN: Yes.
QUESTION: Special agent, as you get into this and you're looking at it, are you finding out there may have been early indicators like him writing messages on the Internet or whatever? Are you finding any of that out or not?
PABMAN: Well, there could be come clues. It's a little premature to make that determination. But we're certainly open to looking at that.
QUESTION: (INAUDIBLE)
PABMAN: There is a videotape. Of the videotape -- the videotape, as I understand it is of him in the hallway. None of the shootings were caught on the videotape.
QUESTION: Did he leave any messages behind?
PABMAN: Not that I'm aware of right now.
QUESTION: (UNINTELLIGIBLE)?
PABMAN: I'm sorry, what's that?
QUESTION: (UNINTELLIGIBLE)?
PABMAN: Not at this time, no.
QUESTION: What about 911 calls?
QUESTION: (UNINTELLIGIBLE)?
PABMAN: I'm sorry, sir?
QUESTION: Do you believe that the videotape is showing the gunman as he is approaching the first class before...
PABMAN: I don't know if we know that. Do we know that yet? Do we have that information?
I don't know if we have that information yet. We haven't determined that.
QUESTION: What's the time? How long?
PABMAN: This went approximately less than 10 minutes, we believe.
QUESTION: And how much earlier at his grandfather's place?
PABMAN: That we cannot -- we cannot determine that at this time. It did precede the school incident.
QUESTION: Any sense of how many shots he fired?
PABMAN: I was at the school. There were lots of rounds there, a lot of damage. OK? I don't know if we have a count on the number yet.
Have we?
UNIDENTIFIED MALE: No, not yet.
PABMAN: No. Just a lot of rounds.
QUESTION: One police officer returned fire?
PABMAN: That's what we know now, yes.
QUESTION: (UNINTELLIGIBLE) any computers that he may have used to see what kind of activity he had on the Internet?
PABMAN: Yes, we are.
QUESTION: Had Mr. Weise had any prior police contact? We've heard something about the year before at the school. What's his level of prior contact?
PABMAN: I'm not informed of any prior police contact.
Do you know of any?
No, we don't know of any yet. There may have been, but we have not been informed.
QUESTION: There are postings on neo-Nazi sites on the Internet that appear to be from him. Can you confirm whether they're from him?
PABMAN: I cannot confirm.
QUESTION: Are you aware of anybody that may have been...
PABMAN: I'm sorry, hold on. Let me get back here.
QUESTION: Are you aware of anybody that may have been complicit, or are you satisfied that he acted alone and that this is over?
PABMAN: At this time we believe he acted alone, but we certainly have to explore all possibilities. But we do believe at this time he acted alone.
Sir?
QUESTION: Was he looking through his grandfather's house?
PABMAN: I don't think he was, no. No, he was not.
QUESTION: What kind of planning do you think went into this? Did he have this planned, or was it spur of the moment?
PABMAN: I think the nature of the activities would indicate there was some planning. But again, we have to do further investigation. But that would be the indicators now.
QUESTION: Was there a hit list?
PABMAN: Not that I'm aware of.
QUESTION: Do we know where he was living?
QUESTION: Do we know where he was living?
UNIDENTIFIED MALE: Yes, we do, but we're not going to disclose it.
PABMAN: We do, but we're not going to disclose that now.
QUESTION: The people killed (UNINTELLIGIBLE) random...
PABMAN: It does appear to be random, yes.
QUESTION: Was there a precipitating argument with the grandfather or anything at this point? I mean, was there a grudge with his grandparents? Was there a grudge with the school?
PABMAN: We're not aware of a grudge or anything that preceded that, and we don't know what occurred at the grandfather's residence prior to this.
QUESTION: Any indication of drug use?
PABMAN: That we don't know yet.
QUESTION: What was the status at school? We've heard that he was in some sort of a home-schooling situation or he had been suspended.
PABMAN: I'm not prepared to comment on those things yet.
QUESTION: Was the woman...
PABMAN: I'm sorry?
QUESTION: Was the woman at the house with his grandfather his grandmother?
PABMAN: No, that was the grandfather's companion, from my understanding.
QUESTION: (UNINTELLIGIBLE)? PABMAN: That would be the natural course of the investigation, yes.
QUESTION: Are you aware of that?
PABMAN: Yes.
I'm sorry? Who had a question?
QUESTION: Right here. Can you give us the condition (UNINTELLIGIBLE)?
PABMAN: No, in respect of their privacy we're not going to do that.
QUESTION: (UNINTELLIGIBLE)?
PABMAN: We will release the names of all the deceased, yes. You will get that list, yes.
QUESTION: Will that be today?
PABMAN: Yes.
QUESTION: What about 911 calls?
PABMAN: Hold on a second. I would not be in a position to release that. That would have to come from (UNINTELLIGIBLE).
QUESTION: Who would have jurisdiction over that?
PABMAN: The police department. But I don't think we'll be releasing any evidence.
QUESTION: Can you confirm there were calls from cell phones from students in the school that were in the classroom that you're describing?
PABMAN: There were, but we don't have any specifics that we can give you now.
Ma'am?
QUESTION: (UNINTELLIGIBLE) that he had obtained (UNINTELLIGIBLE). Was he wearing them when he went into the school?
PABMAN: Yes, he was, I believe. The vests and the belt were worn at the time he went into the school, yes.
QUESTION: (UNINTELLIGIBLE) doesn't want to answer questions. Are these restrictions on access to the reservation just of the media, or what are the restrictions? I know that one is here and then basically (UNINTELLIGIBLE).
PABMAN: I don't want to speak for the chairman.
QUESTION: Have you been restricted at all?
KYRA PHILLIPS, CNN ANCHOR: Welcome to the top of the hour of LIVE FROM. We are listening to a news conference with FBI Agent Michael Pabman as he addresses reporters on the Red Lake reservation in Minneapolis, talking about the young teen rampage that left 10 people dead on that reservation in Minnesota.
Just a quick update from police there, not really adding to what we've already told you. But police now confirming that they believe that a young man by the name of Jeff Weise, 16 years old, took his grandfather's .22-caliber gun, and going on this school shooting which is now being called the worst U.S. school shooting since Columbine. Police saying he gunned down five students, a teacher, a guard, and then also taking the life of his grandfather, his grandfather's wife, and then turning the gun on himself. We will continue to follow this story and any new developments that comes out of it.
Meanwhile, we want to talk more again this hour about anguish and anger, defiance and desperation, all colliding in a court proceeding with Terri Schiavo, of course, at the center of it all. Today the court is the 11th U.S. Circuit Court of Appeals right here in Atlanta. Schiavo's parents are appealing a district judge's refusal hours earlier to reinsert Schiavo's feeding tube which has been disconnected for four days. Schiavo's husband says there's no need to reinstate feeding for the appeals court to consider the case's merits.
We get the very latest from our LIVE FROM colleague, Miles O'Brien. He's at the Atlanta federal courthouse. And Bob Franken is at Schiavo's hospice in Pinellas, Florida.
Miles, why don't you begin.
MILES O'BRIEN, CNN ANCHOR: Well, Kyra, this all began when the United States Congress, of course, on Palm Sunday, in the wee hours, passed a law which sort of threw this whole case, which it was, after all, a case that was adjudicated thoroughly over the past seven or eight years in Florida state courts into the federal bailiwick. And the federal judge in Tampa was given this task of considering the merits of the case and, more specifically, whether it was important that a feeding tube be reinserted into Terri Schiavo while this case was considered.
Now, we've just received a copy of the more official appeal of that judge's decision down in Florida. He said there is no need for that temporary injunction, that restraining order, under several criteria, basically saying that the likelihood of success for this case was too low to warrant that restraining order, forcing the feeding tube back in.
But here, let me show you the language of the appeal. This comes from the Schindlers' attorney, the parents of Terri Schiavo, in essence saying, the purpose underlying Congress' passage of the PL 1093 (ph) -- that's the law, the Terri Schiavo law, if you will, was to preserve the life of Terri Schiavo pending the district court, the federal court's de novo, meaning new review of her federal rights. Judge Whittemore's order -- he's the Tampa judge, district judge -- denies these petioners -- that's the patients of Terri Schiavo -- the rights accorded by them in that law. And he has given them no opportunity to meaningfully develop their case prior to making what will be a final adjudication of the merits in light of Terri's imminent death. In other words, she'll die before a decision can be made on this case.
Just to sum it up, at the back, they say this: "As matters now stand, this court" -- the federal court -- "will be absolutely unable to effect a meaningful review of the petitioners' appeal unless it grants an emergency injunctive relief" -- meaning forcing that feeding tube in -- "requiring that nutrition and hydration be immediately restored to Terri Schiavo for the very stark and simple reason that Terri may die at any time. If that happens, the appeal will become moot."
Well, now, this comes after a counter-filing, if you will. It comes from the estranged husband of Terri Schiavo, Michael Schiavo, which says that, in essence, time is not as short as many have been led to believe. Let me just show you a brief excerpt of that filing.
He says, his attorneys say, "There remains adequate time for this court to conduct an expedited and deliberate review of the apellants' claims and the apellees' responses while maintaing the status quo." So, in both cases, they say the status quo is the key here.
Michael Schiavo saying the status quo is, with the feeding tube out, she will remain alive. On the other side, they're saying if the feeding tube is not inserted, the status quo is not going to remain. She will, in fact, expire. She will die.
Now, there is -- has been quite a scene here, as wherever this case goes there's a tremendous amount of emotion on both sides. Protesters showing up as it became evident that the 11th Circuit Appeals Court, the three-judge panel here, on what is considered a moderate to conservative court, was considering this case today and may come up with a rather speedy ruling. We heard from some of those protesters who camped out with the media just a little while ago.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: This is a privacy issue. It's a family issue. This has been decided in the courts numerous times. And Congress has no business whatsoever interfering in this issue.
It's just another instance of Republican hypocrisy. They're using this as a political football to kick around, and it doesn't need to be that way.
(END VIDEO CLIP)
O'BRIEN: All right. That's one side of it. We've heard from both sides of this argument all day long on this rainy day as this three-judge panel considers this long, drawn-out, emotional saga of Terri Schiavo -- Kyra. PHILLIPS: Miles O'Brien just outside the courthouse. We'll continue to check in with you. Thanks, Miles.
Moving on to the suspect in the kidnapping and killing of a Florida girl will remain behind bars without bond. Repeat sex offender John Evander Couey made a court appearance in Citrus County today through a video link between Lecanto and Inverness, the county seat. Police say that Couey confessed to abducting and killing 9- year-old Jessica Marie Lunsford. Her body was found buried in a yard near her home.
Judge Mark Yerman ordered Couey held without bond.
(BEGIN VIDEO CLIP)
JUDGE MARK YERMAN: This is an infamous case here. And, of course, the acts that you're accused of and apparently you confessed to are really beyond words. The bond is going to stay at no bond. And if you are found guilty of this offense, sir, I am absolutely certain that your opportunity to satisfy your lust for power for the death of innocence will be ended.
Thank you, sir.
(END VIDEO CLIP)
PHILLIPS: Couey faces charges of capital murder, burglary with battery, kidnapping and sexual battery on someone younger than 12.
Well, a man suspected of plotting to kidnap late-night talk show host David Letterman's young son and nanny has pleaded not guilty. Kelly Frank allegedly planned to abduct the two at the comedian's Montana ranch and hold them for ransom. Last night, Letterman thanked the authorities who intervened.
(BEGIN VIDEO CLIP)
DAVID LETTERMAN, TALK SHOW HOST: Last week my family and I were involved in a little legal activity. And fortunately everything turned out fine. But I just want to take a second here to thank some people.
(APPLAUSE)
Legal investigation, criminal activity. I want to thank FBI Special Agent Jim Wilson, FBI Special Agent Aaron Vanhoff (ph), Teton County Sheriff George Anderson, Teton County attorney Joe Kobel (ph) and the great people of Choteau, Montana. They have always made me and my family feel entirely welcome and as though it were our home, and that's how we think of it.
(END VIDEO CLIP)
PHILLIPS: Well, Kelly Frank was a painter at Letterman's ranch near Choteau, Montana. We'll continue to follow up on that case also.
A daring bolt for freedom caught on tape. A robbery suspect made a run for it while Detroit police tried to take him in.
Well, the whole thing was videotaped, as you can see, by a local TV station. The perp in cuffs and all. Authorities say the suspect was one of two men who held up a gas station employee. They eventually caught up with him.
A former nurse for Terri Schiavo says the brain-damaged woman's husband was anything but caring.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: He would get right up to you, scream. He would say "Do not" -- "Do not follow the doctor's orders. Follow my orders."
(END VIDEO CLIP)
PHILLIPS: See my entire interview with Carla Iyer and a fact check on her story later this hour.
Next, though, that funny feeling you might be experiencing could be rising interest rates. The Fed makes the call in just minutes.
And finally, a way to kick spam back to the folks who clutter your mailbox. I know, they annoy us all. Find out how right after this.
(COMMERCIAL BREAK)
PHILLIPS: News "Across America" now.
A plan to counterattack spam. IBM wants to take the spam war back to the senders' camp. It's unveiling a new service today that can track and send unwanted e-mail back to the computers from whence they came. IBM says it's being careful not to violate anti-hacking laws.
Double trouble for Graco children's products. The company is recalling more than one million toddler beds sold between 1994 and 2001. There's concern of injury to children's arms and legs if they're trapped between slats in the bed's guardrails and foot boards.
Toddler bed recall includes Cozy, Glow in the Dark and Classic models. Graco has also been fined $4 million for failing to report hundreds of incidents and injuries involving some of its other products. It's the largest civil penalty ever issued.
And are too many people winning Powerball jackpots? Well, more winners mean smaller jackpots. That equates to less interest. Officials of the multi-state lottery say they could lose $400 million in ticket sales. So they're considering tweaking the game, making it harder to win.
Well, the Federal Reserve has just announced a much-anticipated decision on interest rates. CNN's Valerie Morris live at the New York Stock Exchange with details. (STOCK MARKET REPORT)
PHILLIPS: Straight ahead, severe weather warning. Tornadoes and hail pounding the Southeast. Where's the system heading? Jacqui Jeras has your forecast.
Also ahead, as appeals court judges weigh Terri Schiavo's case, our own Miles O'Brien returns with an insider's view of the court.
That and more right after this.
(COMMERCIAL BREAK)
PHILLIPS: We're continuing to follow this story out of New Brunswick, New Jersey. One, possibly two men holding a 14-year-old girl hostage inside this home. A S.W.A.T. team does have it surrounded at this point.
Our Deb Feyerick right -- pretty close to the house, joins us by phone to tell us more on what the situation is.
Actually, Deb, I've got a tight shot here of it looks like a hostage negotiator standing behind the S.W.A.T. team via tape, actually, trying to communicate with either the one or two men inside the house, obviously trying to negotiate. Can you tell us the latest if, indeed, that's still happening or if they've made contact?
DEBORAH FEYERICK, CNN CORRESPONDENT: Well, we're about a half a block away. And one of the things that we've learned is that this man did not want to talk to police.
It's playing out -- just to locate you -- several blocks away from Rutgers University. And as we pulled up on scene, I spoke to a man who said that he ran to the scene when he heard what was going on because he believed that his niece was inside the house. Apparently this is a three-family house. And the man, by the name of Larry Boyd (ph), told me that police brought him into a cruiser to listen to the 911 call that was made.
Apparently the 14-year-old girl was in the bedroom. She said that a guy had handcuffed her to the bed, and he says, you hear her in the room, and then the man comes in. The phone is hung up.
And then the man calls police back on 911. And according to this man, Larry Boyd (ph), he -- the 911 tape he listened to said, "If you send any police I'm going to kill the girl." And the reason that they were playing this 911 tape for this man is that they wanted to see whether, in fact, he might have recognized the voice of the man who was making that second call.
So right now we're about half a block away. And the reason we're not showing you live pictures is because this is an active scene right now. And, of course, the S.W.A.T. team, delicate operations. They certainly don't want to give out their location, and neither does CNN, and that's why we're reporting -- we're showing you these taped videos. And also, you've got a lot of people here. They're looking at the action. But everybody about a block away from the scene as they try to coax this man out and try to get this girl released unharmed -- Kyra.
PHILLIPS: So right now, then, considering all the points you've made, we don't know if, indeed, they have made contact with this man inside the home? We don't know the condition of the 14-year-old at this time? Police are still trying to communicate with the man inside? Is that right?
FEYERICK: That is correct. And police do believe that he has weapons. And so that's one of the reasons that they're treating this so delicately.
And we don't know -- there had been some reports that perhaps the girl had been abused in some way, but we have not confirmed that. Again, this is really playing out right now.
PHILLIPS: All right. Deborah Feyerick there just outside this home in New Brunswick, New Jersey. We'll continue to follow the hostage situation that's going on right now.
A 14-year-old girl inside. We don't know her condition, but we'll bring you more as we get it.
Meanwhile, we're keeping our eye on some potentially big storms out there. Jacqui Jeras has been tracking all the action.
(WEATHER REPORT)
(COMMERCIAL BREAK)
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