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Judge Refuses to Grant Emergency Injunction for Terri Schiavo; Teenage Gunman Kills Seven at School
Aired March 22, 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: And we're live from Minnesota, where comments on a neo-Nazi web site preceded a deadly school shooting. New developments in that case, straight ahead.
From the CNN Center in Atlanta, I'm Kyra Phillips. It's Tuesday, March 22. CNN's LIVE FROM starts right now.
Another denial, another appeal. Terri Schiavo's parents and siblings, her advocates, proxies and well wishers are pinning their hopes today on the 11th U.S. Circuit Court of Appeals right here in Atlanta.
This morning, a U.S. district court judge in Tampa refused to order her feeding tube reinserted, four days after its removal, almost two days after Congress went to great lengths to involve the federal courts.
We get the latest now from my partner, Miles O'Brien, at the federal courthouse just a few blocks away, and Bob Franken at Schiavo's hospice in Pinellas Park, Florida.
Miles, let's start with you.
MILES O'BRIEN, CO-HOST: Well, Kyra, Congress may have laid the groundwork for the federal court system to get involved in this, but clearly they could not predict the outcome.
As we saw early this morning, a federal judge in Tampa refused to issue that temporary injunction, that emergency order, which would have forced that feeding tube to be reinserted in Terri Schiavo, that feeding tube removed on Friday.
Shortly after that, 9:15 Eastern Time, electronically filed, this very slim notice of appeal, came here, to Atlanta, the appeals court which overseas that federal court in Tampa. Here, a three-judge panel will look through that ruling, that previous ruling, and try to determine if there are any grounds for overturning what that judge in Tampa said.
That three-judge panel is considering that request right now. Typically, these appeals can take many months. Obviously, in this case it will expedite that. We could get some sort of ruling either today or tomorrow.
Not likely, however, there will be any additional oral arguments. None of the attorneys are here, just a lot of legal documentation, a lot of paperwork to consider and going back over the legal record to consider the case.
Now, the scene here, in addition to the wild weather, but before it got this way, there was a smattering of protesters which showed up here and offered to kind of both sides of this case. Wherever this case goes, there's a tremendous amount of emotion.
(BEGIN VIDEO CLIP)
RANDY SCHLENDER, SCHINDLER FAMILY SUPPORTER: We're out here praying silently on behalf of Terri Schiavo. That the court would land them a righteous decision and go back to giving her food and water, which is a basic right that everyone has.
(END VIDEO CLIP)
O'BRIEN: That's just a little smattering of some of the protests that is here right now, as the reporters are camped out here, waiting for this latest ruling.
Let me just walk you through, as quickly as I can, the legal parameters, if you will, the requirements, which the judges are considering here, and which, in fact, the judge in Florida considered.
There are four requirements which would allow for one of these emergency injunctions, which would prompt, in this case the feeding tube to be inserted into Terri Schiavo.
No. 1, the injunction would have to have -- or the case, I should say, has to have a substantial likelihood of success on its merits. In other words, the overall case has a good chance of prevailing.
No. 2, irreparable injury will be suffered unless the injunction is issued.
No. 3, the threatened injury outweighs whatever damage that proposed injunction might offer.
And then finally if issued, the injunction would not be adverse to the public interest.
Well, take a look at those four items on the screen. And in the case of Terri Schiavo, two through four clearly apply. But No. 1, which is the most important one, does the case have a substantial likelihood of success on its legal merits? The judge in Florida said it did not.
And now this appeals court will reconsider that, take a look at what that judge's rationale was in that long ruling, which came out this morning, and then try to determine if this -- on appeal, that decision should be overturned.
Now, if the, in fact, not overturned, if the appeals court lets that Tampa ruling stand, and we can probably expect this, it's very likely this will head right to the U.S. Supreme Court -- Kyra.
PHILLIPS: All right, Miles, thank you so much. And 400 miles from Atlanta courthouse, where Miles is, the Schindlers' spiritual adviser tells reporters Schiavo is showing signs of dying. Not so the fervent dedication of the people keeping vigil outside Schiavo's hospice.
CNN's Bob Franken has the latest from there -- Bob.
BOB FRANKEN, CNN CORRESPONDENT: And Kyra, the antagonism towards the courts is something that is a tradition in the United States. The courts, by design, the federal level in particular are designed to be above the fray, to decide things on the legal questions. And we just heard from Miles O'Brien about those questions.
But this is more than just an academic exercise. This is a question of life and death and a question that is emotionally charged. And many of the people here are speaking out now, including the spiritual advisers of the Schindler family, the blood relatives to Terri Schiavo, who are trying to get, desperately trying to get the feeding tube reinserted. And they're bitterly complaining about the judge's decision here.
(BEGIN VIDEO CLIP)
FRIAR PAUL O'DONNELL, SCHINDLER FAMILY SPOKESMAN: Appropriate to say that right now Terri is dying but not because of her brain injury, because she is being starved and dehydrated to death.
(END VIDEO CLIP)
FRANKEN: The Franciscan monk, with whom you just -- from whom you just heard those comments, is one of a trio of monks that is here from Minnesota. They have been acting, as I said, as spiritual advisers and oftentimes spokesman for the family.
Meanwhile, inside the hospice, Terri Schiavo is now -- it's been since Friday since she has had the tube connected to her. Doctors say that the decision one way or another is imperative within a week to two weeks -- Kyra.
PHILLIPS: All right, Bob Franken, thank you so much.
And in August and September of 2003, a nurse and two nurse's aides alleged in sworn affidavits that Michael Schiavo prohibited any therapy or rehab care for Terri, even though two of them claimed Schiavo was aware of her surroundings, was reactive to all sorts of stimuli and even spoke.
Carla Sauer Iyer says that she attended to Schiavo from April 1995 to August 11, 1996, and she alleges Michael Schiavo's behavior went beyond neglect to blatant intimidation of the nursing staff and worse.
I interviewed Iyer this morning. And you should know, these are allegations denied by Michael Schiavo's lawyer and unproven by any court or agency.
(BEGIN VIDEOTAPE)
CARLA SAUER IYER, SCHIAVO'S FORMER NURSE: I had observed Michael leaving her room, and there were numerous needle marks underneath her breast, underneath her arms. And I saw regular insulin vial conceal in the trash bin, and I did go to the police immediately. And that's when I was terminated.
PHILLIPS: So you believe he was giving her insulin shots?
IYER: There was the regular vial, insulin, concealed in the trash. Her sugar was low. That was on the glucometer (ph) reading. It was reading low. I had put dextrose in her mouth to counteract that.
PHILLIPS: So why would he do that?
IYER: To accelerate her death.
PHILLIPS: Those are pretty strong charges.
IYER: That's -- there's no difference from what's happening then to what's happening now.
PHILLIPS: Was that ever investigated, ever proven true? What happened with what you say you witnessed there?
IYER: The police said, "Did you actually see the needle go into her arm?" And I said no. And I guess they just overlooked it. Since I didn't actually see the needle go into Terri's arm through Michael.
(END VIDEOTAPE)
PHILLIPS: Now, Jay Wolfson investigated the Schiavo case for Florida's governor in 2003 and briefly served as her advocate in court. She was interviewed on CNN's "AMERICAN MORNING."
(BEGIN VIDEO CLIP)
JAY WOLFSON, FORMER COURT ADVOCATE FOR TERRI SCHIAVO: I didn't witness Michael interacting with Terri except once or twice. But going by the medical record -- and Carla -- Carla was at the facility. She saw far more than I did. Bit I spoke with many of the incredibly dedicated hospice staff, the nurses, the police officers who have been spending months outside her room.
The medical record is fairly detailed. For the first several years of care, as many of you have heard, Michael was so demanding of the medical staff, of the staff, the facility, that there was an effort to initiate injunctions against him, stop him from coming in, because he was demanding so much.
In the 15 years that Terri was in a facility, she never once suffered from a bed sore, which Ken Conner, the governor's attorney, will tell you, as a plaintiff's attorney in those cases, is pretty extraordinary. There's no evidence in the record to indicate that he withheld care after a certain point. After three or four years, when the judgment in the malpractice case came through, Michael decided that he was going to abide by the advice that he had gotten medically from almost day one after Terri's accident and agree that she no longer could return to the state that she had been to previously.
(END VIDEO CLIP)
PHILLIPS: Now, you can see my interview with Carla Iyer in its entirety in the next hour of LIVE FROM.
Michael Schiavo's attorney has declined to comment to CNN. But last fall, he told the Associated Press the nurse's charges are, and we quote, "a bunch of garbage."
Florida courts have steadfastly accepted not only Michael Schiavo's role as guardian and decision-maker for Terri Schiavo, but also the testimony of doctors who say Terri has no real hope for meaningful recovery. But that's far from a unanimous opinion.
More on the medicine now from CNN's Dr. Sanjay Gupta.
(BEGIN VIDEOTAPE)
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): In a medical case as high-profile as Terri Schiavo, you would think the medical experts would have all the answers. But just by listening to them and reviewing statements they gave to the courts, it's easy to see why a final answer is so complicated.
DR. WILLIAM HAMMESFAHR, SCHINDLER FAMILY'S EXPERT: I spent about 10 hours, about three month, and the woman is very aware of her surroundings. She's very aware. She's alert. She's not in coma. She's not in PVS.
GUPTA: PVS, persistent vegetative state. Doctor Hammesfahr was chosen by Terri Schiavo's parents to testify in court. His opinion, very different from Dr. Ronald Cranford, chosen by Michael Schiavo, Terri's husband.
DR. RONALD CRANFORD, MICHAEL SCHIAVO'S EXPERT: It's a scary diagnosis, unless you know what you're looking for it looks as though the patient is interacting but Terri is not interacting.
GUPTA: But both of them are neurologists, and their conclusions are based on diagnostic tests that are supposed to objective, yet they tell different tales.
HAMMESFAHR: Her CT scan has maybe 75 percent brain tissue still left.
CRANFORD: I've seen her. There's no doubt in my mind whatsoever she's in a permanent vegetative state. Her CAT scan shows extremely severe atrophy to the brain. And her EEG is flat. It doesn't show any electrical activity at all. GUPTA: And most importantly, their opinions about a possible recovery.
HAMMESFAHR: With proper therapy, she will have a tremendous improvement. I think personally she'll be able to walk eventually and she'll be able to use at least one of her arms.
CRANFORD: There's no way. That's totally bogus.
GUPTA: Five doctors gave their medical opinions in an evidentiary hearing ordered by a Florida appellate court: two doctors chosen by each side and one court appointed neurologist who was chosen by the judge.
He declined a CNN interview but told the courts, "The preponderance of the data and my clinical examination reveal no evidence of awareness of self, environment, or ability to interact with others. Mrs. Schiavo exhibits no evidence of language comprehension or expression. I would state that her chances a meaningful neurological recovery to be virtually nonexistent."
His language leaves little room for doubt, unless you ask yet another neurologist. And so a medical choice, normally decided between doctors and a patient's loved ones is fought out in the courts.
Dr. Gupta, CNN, Atlanta.
(END VIDEOTAPE)
PHILLIPS: Next to Minnesota for the latest on the school shooting that left 10 people dead. And the judge has some strong words for suspected killer John Couey in court this morning. We'll hear what he had to say next.
ANNOUNCER: You're watching LIVE FROM on CNN, the most trusted name in news.
(COMMERCIAL BREAK)
PHILLIPS: A Minnesota community is reeling after a teenager fired a hail of bullets inside a school, killing seven people and wounding more than a dozen others. The school shooting is the deadliest since the 1999 Columbine massacre.
CNN's Keith Oppenheim is on the Red Lake reservation in Minnesota, where he's learning much more about the suspect -- Keith.
KEITH OPPENHEIM, CNN CORRESPONDENT: That's right. We're waiting for a news conference to start here, Kyra, at the detention center on the reservation.
Let me just show you what's around me, because there are a lot of television news crews and sound technicians, photographers and reporters, all huddled around, just waiting for the FBI to come out. They are about 15 minutes late from their scheduled point of starting. That's not so unusual in a situation like this, because the FBI agents obviously want to have their statements when they do talk about what happened.
This is what they told us as of this morning, that yesterday there was a teenaged gunman who went to his grandparent's home on this reservation. He shot and killed his grandparents, and then after that he went to his high school, where he shot and killed seven people. And then after that, took the gun on himself and he killed himself.
Local media have identified the young gunman as Jeff Weise. And one of the Minnesota papers, "The St. Paul Pioneer and Press," has said that he had a tough background. Specifically, that his father committed suicide four years ago, that his mother is in a nursing home after having suffered injuries from a car accident.
And that paper also reporting that Jeff Weise has also used some neo-Nazi web sites, and he did some writing on them, that he was an admirer of Adolf Hitler, the paper reports. And also, that he called himself, using the name Todesengel. That's German for "angel of death."
Now, whether any of that is related to why he did any of these killings, we're about to find out, hopefully, from the FBI. And, as you can see, I'm -- I constantly just keep my head looking over my shoulder at these microphones to see if any of these agents are going to come out -- are going to come out -- Kyra.
PHILLIPS: All right, Keith. Thank you so much. We'll check back in with you once they step up to the podium. Appreciate it. Our Keith Oppenheim there from the Red Lake reservation in Minnesota.
Sharp words from a Florida judge to the man suspected of abducting and killing 9-year-old Jessica Lunsford. John Couey appeared in court via video link this morning. The convicted sex offender is accused of snatching, sexually assaulting, killing and then burying Lunsford within sight of her home. The judge denied bond, then issued this stinging statement. Listen closely.
(BEGIN VIDEO CLIP)
JUDGE MARK YERMAN, CITRUS COUNTY COURT: This is an infamous case here. And of course, the acts that you're accused of and apparently confessed to are really beyond words. So 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 over innocence will be ended. Thank you, sir.
(END VIDEO CLIP)
PHILLIPS: Lunsford's body was found Saturday, more than three weeks after she vanished.
(BEGIN VIDEO CLIP)
PHILLIPS: Next on LIVE FROM...
ROBERT PEASLEY, STATE TROOPER: State police, 911.
RUSSELL SHEPARD, FRIEND: Yes, on Incinerator Road in Taftville someone crashed on their street bike.
PEASLEY: Where?
SHEPARD: Incinerator Road in Taftville.
PEASLEY: Too bad.
PHILLIPS: And that was just the first call. What happened next will really shock you.
Later, sex offender John Couey found a way around the system, and now a young girl is dead. Find out how you can stop these criminals from moving into your neighborhood.
Tomorrow, life on the other side of this story. We'll talk with a sexual predator about what it's like living with deceit, shame and lust.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
PHILLIPS: Well, imagine watching your friend crash on his motorcycle, then calling 911, only to have the dispatcher tell you off and then hang up on you. It's hard for us to believe, too, and it happened in Connecticut. The victim ended up dying, and his family is demanding action.
Liz Lisbon (ph) from CNN affiliate WTNH has the story.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: This is where all the panic and all the mayhem began.
UNIDENTIFIED FEMALE: Along this road in Lisbon is where Jim Sawyer's son Justin lay dying. On August 17, last year, the 21-year- old crashed his motorcycle. His friend did what anyone would do in an emergency.
SHEPARD: I called 911 right away.
UNIDENTIFIED FEMALE: That call rang into the state police barracks in Montville.
PEASLEY: State police 911.
SHEPARD: Yes, on Incinerator Road in Taftville, someone crashed on their street bike.
PEASLEY: Where? SHEPARD: Incinerator Road in Taftville.
PEASLEY: Yes, too bad.
SHEPARD: I was shocked. I thought I had the wrong number at first.
LIZ NIEGEL, FRIEND: So I picked up my phone, and I called 911.
UNIDENTIFIED FEMALE: Liz Niegel made the second frantic call.
NIEGEL: I need to report a street bike accident.
PEASLEY: Is that the one over on Incinerator Drive?
NIEGEL: Yes.
PEASLEY: Help will get there. Shouldn't be playing games.
JIM SAWYER, VICTIM'S FATHER: I am just absolutely outraged.
UNIDENTIFIED FEMALE: It wasn't until the third emergency call that a female dispatcher assessed the situation.
UNIDENTIFIED FEMALE: I'll start the ambulance out there to you, OK?
NIEGEL: Thank you.
UNIDENTIFIED FEMALE: State police tell us that Trooper Robert Peasley's comments were unprofessional and inappropriate and the agency apologizes if, quote, "our actions added to the family's pain."
SAWYER: It was just an outrageous way to answer an emergency phone call.
UNIDENTIFIED FEMALE: Jim Sawyer says no one deserves this kind of response.
PEASLEY: Yes, too bad.
(END VIDEOTAPE)
PHILLIPS: Unbelievable. Robert -- Trooper Robert Peasley has been suspended for 15 days without pay.
The Federal Reserve will announce its decision on interest rates in less than an hour. Valerie Morris joins us live from the New York Stock Exchange with a preview.
Hi, Val.
(STOCK 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 - 13:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CO-HOST: And we're live from Minnesota, where comments on a neo-Nazi web site preceded a deadly school shooting. New developments in that case, straight ahead.
From the CNN Center in Atlanta, I'm Kyra Phillips. It's Tuesday, March 22. CNN's LIVE FROM starts right now.
Another denial, another appeal. Terri Schiavo's parents and siblings, her advocates, proxies and well wishers are pinning their hopes today on the 11th U.S. Circuit Court of Appeals right here in Atlanta.
This morning, a U.S. district court judge in Tampa refused to order her feeding tube reinserted, four days after its removal, almost two days after Congress went to great lengths to involve the federal courts.
We get the latest now from my partner, Miles O'Brien, at the federal courthouse just a few blocks away, and Bob Franken at Schiavo's hospice in Pinellas Park, Florida.
Miles, let's start with you.
MILES O'BRIEN, CO-HOST: Well, Kyra, Congress may have laid the groundwork for the federal court system to get involved in this, but clearly they could not predict the outcome.
As we saw early this morning, a federal judge in Tampa refused to issue that temporary injunction, that emergency order, which would have forced that feeding tube to be reinserted in Terri Schiavo, that feeding tube removed on Friday.
Shortly after that, 9:15 Eastern Time, electronically filed, this very slim notice of appeal, came here, to Atlanta, the appeals court which overseas that federal court in Tampa. Here, a three-judge panel will look through that ruling, that previous ruling, and try to determine if there are any grounds for overturning what that judge in Tampa said.
That three-judge panel is considering that request right now. Typically, these appeals can take many months. Obviously, in this case it will expedite that. We could get some sort of ruling either today or tomorrow.
Not likely, however, there will be any additional oral arguments. None of the attorneys are here, just a lot of legal documentation, a lot of paperwork to consider and going back over the legal record to consider the case.
Now, the scene here, in addition to the wild weather, but before it got this way, there was a smattering of protesters which showed up here and offered to kind of both sides of this case. Wherever this case goes, there's a tremendous amount of emotion.
(BEGIN VIDEO CLIP)
RANDY SCHLENDER, SCHINDLER FAMILY SUPPORTER: We're out here praying silently on behalf of Terri Schiavo. That the court would land them a righteous decision and go back to giving her food and water, which is a basic right that everyone has.
(END VIDEO CLIP)
O'BRIEN: That's just a little smattering of some of the protests that is here right now, as the reporters are camped out here, waiting for this latest ruling.
Let me just walk you through, as quickly as I can, the legal parameters, if you will, the requirements, which the judges are considering here, and which, in fact, the judge in Florida considered.
There are four requirements which would allow for one of these emergency injunctions, which would prompt, in this case the feeding tube to be inserted into Terri Schiavo.
No. 1, the injunction would have to have -- or the case, I should say, has to have a substantial likelihood of success on its merits. In other words, the overall case has a good chance of prevailing.
No. 2, irreparable injury will be suffered unless the injunction is issued.
No. 3, the threatened injury outweighs whatever damage that proposed injunction might offer.
And then finally if issued, the injunction would not be adverse to the public interest.
Well, take a look at those four items on the screen. And in the case of Terri Schiavo, two through four clearly apply. But No. 1, which is the most important one, does the case have a substantial likelihood of success on its legal merits? The judge in Florida said it did not.
And now this appeals court will reconsider that, take a look at what that judge's rationale was in that long ruling, which came out this morning, and then try to determine if this -- on appeal, that decision should be overturned.
Now, if the, in fact, not overturned, if the appeals court lets that Tampa ruling stand, and we can probably expect this, it's very likely this will head right to the U.S. Supreme Court -- Kyra.
PHILLIPS: All right, Miles, thank you so much. And 400 miles from Atlanta courthouse, where Miles is, the Schindlers' spiritual adviser tells reporters Schiavo is showing signs of dying. Not so the fervent dedication of the people keeping vigil outside Schiavo's hospice.
CNN's Bob Franken has the latest from there -- Bob.
BOB FRANKEN, CNN CORRESPONDENT: And Kyra, the antagonism towards the courts is something that is a tradition in the United States. The courts, by design, the federal level in particular are designed to be above the fray, to decide things on the legal questions. And we just heard from Miles O'Brien about those questions.
But this is more than just an academic exercise. This is a question of life and death and a question that is emotionally charged. And many of the people here are speaking out now, including the spiritual advisers of the Schindler family, the blood relatives to Terri Schiavo, who are trying to get, desperately trying to get the feeding tube reinserted. And they're bitterly complaining about the judge's decision here.
(BEGIN VIDEO CLIP)
FRIAR PAUL O'DONNELL, SCHINDLER FAMILY SPOKESMAN: Appropriate to say that right now Terri is dying but not because of her brain injury, because she is being starved and dehydrated to death.
(END VIDEO CLIP)
FRANKEN: The Franciscan monk, with whom you just -- from whom you just heard those comments, is one of a trio of monks that is here from Minnesota. They have been acting, as I said, as spiritual advisers and oftentimes spokesman for the family.
Meanwhile, inside the hospice, Terri Schiavo is now -- it's been since Friday since she has had the tube connected to her. Doctors say that the decision one way or another is imperative within a week to two weeks -- Kyra.
PHILLIPS: All right, Bob Franken, thank you so much.
And in August and September of 2003, a nurse and two nurse's aides alleged in sworn affidavits that Michael Schiavo prohibited any therapy or rehab care for Terri, even though two of them claimed Schiavo was aware of her surroundings, was reactive to all sorts of stimuli and even spoke.
Carla Sauer Iyer says that she attended to Schiavo from April 1995 to August 11, 1996, and she alleges Michael Schiavo's behavior went beyond neglect to blatant intimidation of the nursing staff and worse.
I interviewed Iyer this morning. And you should know, these are allegations denied by Michael Schiavo's lawyer and unproven by any court or agency.
(BEGIN VIDEOTAPE)
CARLA SAUER IYER, SCHIAVO'S FORMER NURSE: I had observed Michael leaving her room, and there were numerous needle marks underneath her breast, underneath her arms. And I saw regular insulin vial conceal in the trash bin, and I did go to the police immediately. And that's when I was terminated.
PHILLIPS: So you believe he was giving her insulin shots?
IYER: There was the regular vial, insulin, concealed in the trash. Her sugar was low. That was on the glucometer (ph) reading. It was reading low. I had put dextrose in her mouth to counteract that.
PHILLIPS: So why would he do that?
IYER: To accelerate her death.
PHILLIPS: Those are pretty strong charges.
IYER: That's -- there's no difference from what's happening then to what's happening now.
PHILLIPS: Was that ever investigated, ever proven true? What happened with what you say you witnessed there?
IYER: The police said, "Did you actually see the needle go into her arm?" And I said no. And I guess they just overlooked it. Since I didn't actually see the needle go into Terri's arm through Michael.
(END VIDEOTAPE)
PHILLIPS: Now, Jay Wolfson investigated the Schiavo case for Florida's governor in 2003 and briefly served as her advocate in court. She was interviewed on CNN's "AMERICAN MORNING."
(BEGIN VIDEO CLIP)
JAY WOLFSON, FORMER COURT ADVOCATE FOR TERRI SCHIAVO: I didn't witness Michael interacting with Terri except once or twice. But going by the medical record -- and Carla -- Carla was at the facility. She saw far more than I did. Bit I spoke with many of the incredibly dedicated hospice staff, the nurses, the police officers who have been spending months outside her room.
The medical record is fairly detailed. For the first several years of care, as many of you have heard, Michael was so demanding of the medical staff, of the staff, the facility, that there was an effort to initiate injunctions against him, stop him from coming in, because he was demanding so much.
In the 15 years that Terri was in a facility, she never once suffered from a bed sore, which Ken Conner, the governor's attorney, will tell you, as a plaintiff's attorney in those cases, is pretty extraordinary. There's no evidence in the record to indicate that he withheld care after a certain point. After three or four years, when the judgment in the malpractice case came through, Michael decided that he was going to abide by the advice that he had gotten medically from almost day one after Terri's accident and agree that she no longer could return to the state that she had been to previously.
(END VIDEO CLIP)
PHILLIPS: Now, you can see my interview with Carla Iyer in its entirety in the next hour of LIVE FROM.
Michael Schiavo's attorney has declined to comment to CNN. But last fall, he told the Associated Press the nurse's charges are, and we quote, "a bunch of garbage."
Florida courts have steadfastly accepted not only Michael Schiavo's role as guardian and decision-maker for Terri Schiavo, but also the testimony of doctors who say Terri has no real hope for meaningful recovery. But that's far from a unanimous opinion.
More on the medicine now from CNN's Dr. Sanjay Gupta.
(BEGIN VIDEOTAPE)
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): In a medical case as high-profile as Terri Schiavo, you would think the medical experts would have all the answers. But just by listening to them and reviewing statements they gave to the courts, it's easy to see why a final answer is so complicated.
DR. WILLIAM HAMMESFAHR, SCHINDLER FAMILY'S EXPERT: I spent about 10 hours, about three month, and the woman is very aware of her surroundings. She's very aware. She's alert. She's not in coma. She's not in PVS.
GUPTA: PVS, persistent vegetative state. Doctor Hammesfahr was chosen by Terri Schiavo's parents to testify in court. His opinion, very different from Dr. Ronald Cranford, chosen by Michael Schiavo, Terri's husband.
DR. RONALD CRANFORD, MICHAEL SCHIAVO'S EXPERT: It's a scary diagnosis, unless you know what you're looking for it looks as though the patient is interacting but Terri is not interacting.
GUPTA: But both of them are neurologists, and their conclusions are based on diagnostic tests that are supposed to objective, yet they tell different tales.
HAMMESFAHR: Her CT scan has maybe 75 percent brain tissue still left.
CRANFORD: I've seen her. There's no doubt in my mind whatsoever she's in a permanent vegetative state. Her CAT scan shows extremely severe atrophy to the brain. And her EEG is flat. It doesn't show any electrical activity at all. GUPTA: And most importantly, their opinions about a possible recovery.
HAMMESFAHR: With proper therapy, she will have a tremendous improvement. I think personally she'll be able to walk eventually and she'll be able to use at least one of her arms.
CRANFORD: There's no way. That's totally bogus.
GUPTA: Five doctors gave their medical opinions in an evidentiary hearing ordered by a Florida appellate court: two doctors chosen by each side and one court appointed neurologist who was chosen by the judge.
He declined a CNN interview but told the courts, "The preponderance of the data and my clinical examination reveal no evidence of awareness of self, environment, or ability to interact with others. Mrs. Schiavo exhibits no evidence of language comprehension or expression. I would state that her chances a meaningful neurological recovery to be virtually nonexistent."
His language leaves little room for doubt, unless you ask yet another neurologist. And so a medical choice, normally decided between doctors and a patient's loved ones is fought out in the courts.
Dr. Gupta, CNN, Atlanta.
(END VIDEOTAPE)
PHILLIPS: Next to Minnesota for the latest on the school shooting that left 10 people dead. And the judge has some strong words for suspected killer John Couey in court this morning. We'll hear what he had to say next.
ANNOUNCER: You're watching LIVE FROM on CNN, the most trusted name in news.
(COMMERCIAL BREAK)
PHILLIPS: A Minnesota community is reeling after a teenager fired a hail of bullets inside a school, killing seven people and wounding more than a dozen others. The school shooting is the deadliest since the 1999 Columbine massacre.
CNN's Keith Oppenheim is on the Red Lake reservation in Minnesota, where he's learning much more about the suspect -- Keith.
KEITH OPPENHEIM, CNN CORRESPONDENT: That's right. We're waiting for a news conference to start here, Kyra, at the detention center on the reservation.
Let me just show you what's around me, because there are a lot of television news crews and sound technicians, photographers and reporters, all huddled around, just waiting for the FBI to come out. They are about 15 minutes late from their scheduled point of starting. That's not so unusual in a situation like this, because the FBI agents obviously want to have their statements when they do talk about what happened.
This is what they told us as of this morning, that yesterday there was a teenaged gunman who went to his grandparent's home on this reservation. He shot and killed his grandparents, and then after that he went to his high school, where he shot and killed seven people. And then after that, took the gun on himself and he killed himself.
Local media have identified the young gunman as Jeff Weise. And one of the Minnesota papers, "The St. Paul Pioneer and Press," has said that he had a tough background. Specifically, that his father committed suicide four years ago, that his mother is in a nursing home after having suffered injuries from a car accident.
And that paper also reporting that Jeff Weise has also used some neo-Nazi web sites, and he did some writing on them, that he was an admirer of Adolf Hitler, the paper reports. And also, that he called himself, using the name Todesengel. That's German for "angel of death."
Now, whether any of that is related to why he did any of these killings, we're about to find out, hopefully, from the FBI. And, as you can see, I'm -- I constantly just keep my head looking over my shoulder at these microphones to see if any of these agents are going to come out -- are going to come out -- Kyra.
PHILLIPS: All right, Keith. Thank you so much. We'll check back in with you once they step up to the podium. Appreciate it. Our Keith Oppenheim there from the Red Lake reservation in Minnesota.
Sharp words from a Florida judge to the man suspected of abducting and killing 9-year-old Jessica Lunsford. John Couey appeared in court via video link this morning. The convicted sex offender is accused of snatching, sexually assaulting, killing and then burying Lunsford within sight of her home. The judge denied bond, then issued this stinging statement. Listen closely.
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JUDGE MARK YERMAN, CITRUS COUNTY COURT: This is an infamous case here. And of course, the acts that you're accused of and apparently confessed to are really beyond words. So 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 over innocence will be ended. Thank you, sir.
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PHILLIPS: Lunsford's body was found Saturday, more than three weeks after she vanished.
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PHILLIPS: Next on LIVE FROM...
ROBERT PEASLEY, STATE TROOPER: State police, 911.
RUSSELL SHEPARD, FRIEND: Yes, on Incinerator Road in Taftville someone crashed on their street bike.
PEASLEY: Where?
SHEPARD: Incinerator Road in Taftville.
PEASLEY: Too bad.
PHILLIPS: And that was just the first call. What happened next will really shock you.
Later, sex offender John Couey found a way around the system, and now a young girl is dead. Find out how you can stop these criminals from moving into your neighborhood.
Tomorrow, life on the other side of this story. We'll talk with a sexual predator about what it's like living with deceit, shame and lust.
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PHILLIPS: Well, imagine watching your friend crash on his motorcycle, then calling 911, only to have the dispatcher tell you off and then hang up on you. It's hard for us to believe, too, and it happened in Connecticut. The victim ended up dying, and his family is demanding action.
Liz Lisbon (ph) from CNN affiliate WTNH has the story.
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UNIDENTIFIED MALE: This is where all the panic and all the mayhem began.
UNIDENTIFIED FEMALE: Along this road in Lisbon is where Jim Sawyer's son Justin lay dying. On August 17, last year, the 21-year- old crashed his motorcycle. His friend did what anyone would do in an emergency.
SHEPARD: I called 911 right away.
UNIDENTIFIED FEMALE: That call rang into the state police barracks in Montville.
PEASLEY: State police 911.
SHEPARD: Yes, on Incinerator Road in Taftville, someone crashed on their street bike.
PEASLEY: Where? SHEPARD: Incinerator Road in Taftville.
PEASLEY: Yes, too bad.
SHEPARD: I was shocked. I thought I had the wrong number at first.
LIZ NIEGEL, FRIEND: So I picked up my phone, and I called 911.
UNIDENTIFIED FEMALE: Liz Niegel made the second frantic call.
NIEGEL: I need to report a street bike accident.
PEASLEY: Is that the one over on Incinerator Drive?
NIEGEL: Yes.
PEASLEY: Help will get there. Shouldn't be playing games.
JIM SAWYER, VICTIM'S FATHER: I am just absolutely outraged.
UNIDENTIFIED FEMALE: It wasn't until the third emergency call that a female dispatcher assessed the situation.
UNIDENTIFIED FEMALE: I'll start the ambulance out there to you, OK?
NIEGEL: Thank you.
UNIDENTIFIED FEMALE: State police tell us that Trooper Robert Peasley's comments were unprofessional and inappropriate and the agency apologizes if, quote, "our actions added to the family's pain."
SAWYER: It was just an outrageous way to answer an emergency phone call.
UNIDENTIFIED FEMALE: Jim Sawyer says no one deserves this kind of response.
PEASLEY: Yes, too bad.
(END VIDEOTAPE)
PHILLIPS: Unbelievable. Robert -- Trooper Robert Peasley has been suspended for 15 days without pay.
The Federal Reserve will announce its decision on interest rates in less than an hour. Valerie Morris joins us live from the New York Stock Exchange with a preview.
Hi, Val.
(STOCK REPORT)
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