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Terri Schiavo's Parents Appeal Again After Feeding Tube Not Restored; Social Security Fund to Run Into Problems by 2017
Aired March 23, 2005 - 13:04 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.
MILES O'BRIEN, CO-HOST: On Terri Schiavo's sixth day without a feeding tube, her parents make another last ditch attempt to restore her nutrition. They're going back to the same federal appeals court that turned them down around 2 this morning.
While this is going on here in Atlanta, the parents are also seeking help from Florida state lawmakers, who could take up their case today.
Now, over the next few minutes, we'll look at a number of angles on this story. We'll hear from national correspondent Bob Franken in Pinellas Park, Florida, where protesters tried to give Terri Schiavo water today.
First, let's go to Tony Harris, who's standing out in front of the 11th Circuit Court of Appeals in downtown Atlanta -- Tony.
TONY HARRIS, CNN CORRESPONDENT: Well, Miles, you know this location over the last day or so, this has certainly been the center of all of the judicial maneuverings here. We're standing in front of the 11th Circuit Court building here in downtown Atlanta.
And as you mentioned, at 2:30 this morning, we received the first ruling in this case from the three judge panel, denying the temporary restraining order that would do two things: restore the feeding tube for Terri Schiavo and also set the stage for a brand-new set of hearings, a new trial if you will, on the merits of the case.
And we want to give you just a little bit of a sense of the majority opinion from this morning's decision.
"There is no denying -- no denying the absolute tragedy that has befallen Mrs. Schiavo. We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law."
And that's from this morning, from the majority opinion in this case.
And then about a half an hour ago, Miles, what we received is this, a new filing in this court from David Gibbs on behalf of the Schindler family, a petition for expedited rehearing. What does that mean? Well, what they're asking for is that this entire case be heard by the entire court, all 12 members of this court.
And what is being asked here, let's read just a little bit of that language very quickly for you. Mr. Gibbs is asking for "a reversal of the district court's denial of the plaintiff -- plaintiff applicant's request for a temporary restraining order and for a temporary restraining order to be granted," which would as we just mentioned, restore the feeding tube to Terri Schiavo.
So what is all of this hinging on? Well, it is hinging, in part, on the dissent. As you mentioned this was a 2-1 vote of this three judge panel. We want to give you a little bit of a sense of the dissenting judge's opinion on this matter.
This is the dissent from Judge Charles Wilson, who writes, "Congress intended for this case to be reviewed by a fresh set of eyes. We are not called upon to consider the wisdom of the legislation. In granting this injunction we would merely effectuate Congress' intent."
And what Gibbs and the Schindler family are hoping for is that there are more like-minded judges who will agree with Judge Wilson and will ultimately grant this temporary restraining order, which would reattach the feeding tube to Terri Schiavo.
And that's the latest from here, Miles.
O'BRIEN: All right. So just to be clear, they've really appealed twice to the same body? They've gone...
HARRIS: Absolutely.
O'BRIEN: ... to the circuit court of appeals twice now. What is the likely response going to be on the second attempt to appeal?
HARRIS: That's very interesting. It can go a couple of different ways. Certainly, the full body can say, "Hey, look, this has been heard, and the decision has been rendered. We stand by that decision."
Or this could be taken up by the entire court here, and we could get a very different outcome. We just don't know at this time.
O'BRIEN: All right. CNN's Tony Harris, outside the courthouse in downtown, Atlanta -- Kyra.
KYRA PHILLIPS, CNN CO-HOST: Well, we're also monitoring developments at the Florida legislature in Tallahassee. The state senate could take up emergency legislation today. Even the bill's sponsor says it's not clear whether it has enough votes to pass.
So Florida lawmakers have taken up the issue twice before, as we mentioned this morning, and Governor Jeb Bush urged them to step in again.
Our Bob Franken is down the road, just outside Terri Schiavo's hospice in Pinellas Park. Let's go to him there for the latest.
What's happening on the outskirts there, Bob? BOB FRANKEN, CNN CORRESPONDENT: Well, the people who are advocating the return of the feeding tube are keeping the pressure on. One of the most recent things that occurred was the mother of Terri Schiavo, Mary Schindler, who has become a very potent symbol, the advocates of their point of view believe, once again, made a trip to the microphones to make an emotional appeal.
(BEGIN VIDEO CLIP)
MARY SCHINDLER, TERRI'S MOTHER: When I close my eyes -- at night, all I can see is Terri's face in front of me, dying. Starving to death. Please, someone out there, stop this cruelty. Stop the insanity. Please let my daughter live.
(END VIDEO CLIP)
FRANKEN: And part of the acknowledged public relations campaign of those who support the Schindlers' efforts included demonstrations today. Ten people were arrested when they ignored police orders to get off the property. They had come seeking to bring water, they said, to Terri Schiavo inside.
This was all highly choreographed. The police made their arrests, including three children of one of the protesters. They were handcuffed after they, too, refused to leave the property, were put in a separate car and were driven, we're told, to the juvenile assessment center.
As I said, this is all an effort to keep the pressure up. The efforts in the court thus far have not been successful. There is a feeling of frustration. And we must remember, Kyra, that as all of this goes on, Terri Schiavo lies inside this facility. She's now been off her nutrition tube since Friday.
PHILLIPS: Bob, real quickly, just since you're outside of the hospice there, those who are caring for Terri Schiavo at this time. Yesterday, as you know, for the first timing a former -- or a nurse, who formally cared for Terri Schiavo, came forward, not from this hospice, but from another convalescent center, just talking about Michael Schiavo and how she felt he was a threat to those caring for Terri Schiavo.
Anybody responding to that? Anybody talking about that?
FRANKEN: No, and I'll tell you why. Because there's an awful lot of very intense rhetoric right now. It's very difficult for anybody to sift through it. There are charges that Michael Schiavo, years ago before the cardiac arrest happened that there was so some abuse, that there had been some litigation about that.
As a matter of fact, the Department of Abuse and Family Matters in the state of Florida is in the local court now, trying to get those records, records that have been kept confidential in the past.
So there is a lot of information, a lot of charges flying around, very difficult, if not impossible, to confirm any of them, including the comments from the nurse.
PHILLIPS: Interesting. All right, Bob Franken, thank you so much.
Straight ahead, defining life. Does President Bush's role in Terri's law conflict with his earlier role in a Texas law that gives doctors the right to decide if a patient lives or dies?
Whether you're ready for the overhaul or say, "Hands off Social Security," you'll want to know the status of that fund. The numbers are out, and we've got them.
(BEGIN VIDEO CLIP)
JEFF KOINANGE, CNN CORRESPONDENT: The basic principle behind this competition is pretty straight forward. You rush in, you cast your net, you look for the biggest fish, and the biggest fish wins.
(END VIDEO CLIP)
PHILLIPS: It's the story of the day. The Super Bowl of bare handed fishing, a tourist attraction of sorts. They're noodling in Nigeria, by the thousands. What is it? We're going to explain. Catch the big fish and the big action with our big dog Jeff Koinange, later on LIVE FROM.
ANNOUNCER: You're watching LIVE FROM on CNN.
(COMMERCIAL BREAK)
(WEATHER REPORT)
(COMMERCIAL BREAK)
O'BRIEN: New ammunition for both sides of the debate over Social Security reform. It comes in the annual report by the program's trustees, released a little more than an hour ago.
CNN senior correspondent Allan Chernoff brings us the latest projections. And when we're talking about Social Security and we say senior, we could mean something else. What we mean here is you're distinguished in every way, of course, Allan, and, of course, have committed this report to memory already, right?
ALLAN CHERNOFF, CNN CORRESPONDENT: Thank you very much, Miles. Unfortunately, I'm not receiving Social Security benefits just yet.
But the forecast here from the trustees certainly is grim. No surprise there at all. But the numbers are a little worse than they were last year.
The trustees now are saying that, beginning in 2017, revenues that the Social Security administration is taking in will actually fall short of anticipated benefits that year. So at that point, Social Security will begin eating into its trust fund. And as more Baby Boomers retire, the situation will get worse, up to the point where, in 2041, the Social Security trust fund will be exhausted entirely. Now that's one year earlier than the forecast last year.
At that point, also, the administration is saying that revenues will be able to cover only 74 percent of expected benefits. That number's actually one percentage point higher than last year. Nonetheless, the administration is using all this information to push for Social Security reform.
(BEGIN VIDEO CLIP)
JOHN SNOW, TREASURY SECRETARY: Numbers leave nothing to doubt about the fundamental financial condition of the Social Security system. It's -- it's on an unsustainable course. The report this year simply underscores that and confirms it.
(END VIDEO CLIP)
CHERNOFF: So how do we fix this situation? Well, the trustees report says we can raise Social Security taxes by 15 percent, or we can cut benefits by 13 percent, this starting right away, or a combination of the two.
Now, of course, the administration doesn't want to do either of those. What it wants is to introduce those private plans for Social Security. Take a little bit of the weight off of the government -- Miles.
O'BRIEN: All right, Allan Chernoff, thank you very much.
(BEGIN VIDEO CLIP)
PHILLIPS (voice-over): Next on LIVE FROM...
JESSICA SIERRA, "AMERICAN IDOL" CONTESTANT (singing): I really need you tonight.
PHILLIPS: Sorry, wrong number. "Idol" fans are reeling. The voting kafuffle that leaves even Simon speechless.
Sex offenders could live or work in your neighborhood. Find out how to make sure they stay away from your child. In a candid conversation with a convicted sexual predator.
KOINANGE: I'm Jeff Koinange in northern Nigeria. Coming up on LIVE FROM, searching for the big fish in some very muddy waters.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
ANWAR ROBINSON: (singing)
(END VIDEO CLIP) O'BRIEN: Well, if you missed "American Idol" last night, don't fret. That vacuum in your life will be filled tonight. The "Idol" meisters goofed. They put up the wrong phone numbers for viewers to call to vote for their favorites. So tonight, do-over time. And the "Idol" wannabe who would have been voted tonight enjoys a brief reprieve.
I bet they did this on purpose to sell more ads. What do you think, Kyra?
PHILLIPS: It's another show, right?
O'BRIEN: Yes. Why not?
PHILLIPS: Gives them another chance to perform again.
O'BRIEN: More bling-bling for FOX, right?
PHILLIPS: More record deals. Exactly. Another way to talk about Simon.
All right. Well, new concerns about inflation are keeping Wall Street in a cautious mood today. Valerie Morris joins us live from the New York Stock Exchange for that report.
Hi, Val.
(STOCK REPORT)
(COMMERCIAL BREAK)
PHILLIPS: In the news now, Pope John Paul II made a short and silent appearance today at his Vatican window. It lasted about a minute, and it follows report of a serious decline in his health. A crowd of several thousand people cheered from below, most of them pilgrims from his native Poland.
At least two people are dead in a bomb blast at a mall 12 miles north of Beirut, Lebanon. So far, no suspects. No claim of responsibility. It's the second bombing in a week in a mostly Christian area of Lebanon.
President Bush and the leaders of Canada and Mexico have announced a new agreement on trade and security in the last hour. They met today at Baylor University in Waco, Texas. Later, President Bush plans to give President Vicente Fox of Mexico and Prime Minister Paul Martin of Canada a tour of his ranch in nearby Crawford.
And a hearing is set today for captured killer Norman Porter of Massachusetts. He was a two-time killer who escaped from prison 20 years ago. In Illinois, he was a poet devoted to his church for years. Until yesterday when undercover police arrested Porter in Chicago.
O'BRIEN: And now much more on that story that continues to reveal appalling details. "The St. Petersburg Times" reporting that John Evander Couey, charged in the kidnapping, assault and murder of Jessica Marie Lunsford, once worked at the girl's school. The newspaper says it's unknown if Couey had contact with 9-year-old Jessica while working as a mason's helper at the Homosassa Elementary School. So far, school officials have not commented on the report.
The issue of child predators is getting attention on Capitol Hill today, with a news conference planned for 3 p.m. Eastern. When it happens, we'll bring those details to you.
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 23, 2005 - 13:04 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CO-HOST: On Terri Schiavo's sixth day without a feeding tube, her parents make another last ditch attempt to restore her nutrition. They're going back to the same federal appeals court that turned them down around 2 this morning.
While this is going on here in Atlanta, the parents are also seeking help from Florida state lawmakers, who could take up their case today.
Now, over the next few minutes, we'll look at a number of angles on this story. We'll hear from national correspondent Bob Franken in Pinellas Park, Florida, where protesters tried to give Terri Schiavo water today.
First, let's go to Tony Harris, who's standing out in front of the 11th Circuit Court of Appeals in downtown Atlanta -- Tony.
TONY HARRIS, CNN CORRESPONDENT: Well, Miles, you know this location over the last day or so, this has certainly been the center of all of the judicial maneuverings here. We're standing in front of the 11th Circuit Court building here in downtown Atlanta.
And as you mentioned, at 2:30 this morning, we received the first ruling in this case from the three judge panel, denying the temporary restraining order that would do two things: restore the feeding tube for Terri Schiavo and also set the stage for a brand-new set of hearings, a new trial if you will, on the merits of the case.
And we want to give you just a little bit of a sense of the majority opinion from this morning's decision.
"There is no denying -- no denying the absolute tragedy that has befallen Mrs. Schiavo. We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law."
And that's from this morning, from the majority opinion in this case.
And then about a half an hour ago, Miles, what we received is this, a new filing in this court from David Gibbs on behalf of the Schindler family, a petition for expedited rehearing. What does that mean? Well, what they're asking for is that this entire case be heard by the entire court, all 12 members of this court.
And what is being asked here, let's read just a little bit of that language very quickly for you. Mr. Gibbs is asking for "a reversal of the district court's denial of the plaintiff -- plaintiff applicant's request for a temporary restraining order and for a temporary restraining order to be granted," which would as we just mentioned, restore the feeding tube to Terri Schiavo.
So what is all of this hinging on? Well, it is hinging, in part, on the dissent. As you mentioned this was a 2-1 vote of this three judge panel. We want to give you a little bit of a sense of the dissenting judge's opinion on this matter.
This is the dissent from Judge Charles Wilson, who writes, "Congress intended for this case to be reviewed by a fresh set of eyes. We are not called upon to consider the wisdom of the legislation. In granting this injunction we would merely effectuate Congress' intent."
And what Gibbs and the Schindler family are hoping for is that there are more like-minded judges who will agree with Judge Wilson and will ultimately grant this temporary restraining order, which would reattach the feeding tube to Terri Schiavo.
And that's the latest from here, Miles.
O'BRIEN: All right. So just to be clear, they've really appealed twice to the same body? They've gone...
HARRIS: Absolutely.
O'BRIEN: ... to the circuit court of appeals twice now. What is the likely response going to be on the second attempt to appeal?
HARRIS: That's very interesting. It can go a couple of different ways. Certainly, the full body can say, "Hey, look, this has been heard, and the decision has been rendered. We stand by that decision."
Or this could be taken up by the entire court here, and we could get a very different outcome. We just don't know at this time.
O'BRIEN: All right. CNN's Tony Harris, outside the courthouse in downtown, Atlanta -- Kyra.
KYRA PHILLIPS, CNN CO-HOST: Well, we're also monitoring developments at the Florida legislature in Tallahassee. The state senate could take up emergency legislation today. Even the bill's sponsor says it's not clear whether it has enough votes to pass.
So Florida lawmakers have taken up the issue twice before, as we mentioned this morning, and Governor Jeb Bush urged them to step in again.
Our Bob Franken is down the road, just outside Terri Schiavo's hospice in Pinellas Park. Let's go to him there for the latest.
What's happening on the outskirts there, Bob? BOB FRANKEN, CNN CORRESPONDENT: Well, the people who are advocating the return of the feeding tube are keeping the pressure on. One of the most recent things that occurred was the mother of Terri Schiavo, Mary Schindler, who has become a very potent symbol, the advocates of their point of view believe, once again, made a trip to the microphones to make an emotional appeal.
(BEGIN VIDEO CLIP)
MARY SCHINDLER, TERRI'S MOTHER: When I close my eyes -- at night, all I can see is Terri's face in front of me, dying. Starving to death. Please, someone out there, stop this cruelty. Stop the insanity. Please let my daughter live.
(END VIDEO CLIP)
FRANKEN: And part of the acknowledged public relations campaign of those who support the Schindlers' efforts included demonstrations today. Ten people were arrested when they ignored police orders to get off the property. They had come seeking to bring water, they said, to Terri Schiavo inside.
This was all highly choreographed. The police made their arrests, including three children of one of the protesters. They were handcuffed after they, too, refused to leave the property, were put in a separate car and were driven, we're told, to the juvenile assessment center.
As I said, this is all an effort to keep the pressure up. The efforts in the court thus far have not been successful. There is a feeling of frustration. And we must remember, Kyra, that as all of this goes on, Terri Schiavo lies inside this facility. She's now been off her nutrition tube since Friday.
PHILLIPS: Bob, real quickly, just since you're outside of the hospice there, those who are caring for Terri Schiavo at this time. Yesterday, as you know, for the first timing a former -- or a nurse, who formally cared for Terri Schiavo, came forward, not from this hospice, but from another convalescent center, just talking about Michael Schiavo and how she felt he was a threat to those caring for Terri Schiavo.
Anybody responding to that? Anybody talking about that?
FRANKEN: No, and I'll tell you why. Because there's an awful lot of very intense rhetoric right now. It's very difficult for anybody to sift through it. There are charges that Michael Schiavo, years ago before the cardiac arrest happened that there was so some abuse, that there had been some litigation about that.
As a matter of fact, the Department of Abuse and Family Matters in the state of Florida is in the local court now, trying to get those records, records that have been kept confidential in the past.
So there is a lot of information, a lot of charges flying around, very difficult, if not impossible, to confirm any of them, including the comments from the nurse.
PHILLIPS: Interesting. All right, Bob Franken, thank you so much.
Straight ahead, defining life. Does President Bush's role in Terri's law conflict with his earlier role in a Texas law that gives doctors the right to decide if a patient lives or dies?
Whether you're ready for the overhaul or say, "Hands off Social Security," you'll want to know the status of that fund. The numbers are out, and we've got them.
(BEGIN VIDEO CLIP)
JEFF KOINANGE, CNN CORRESPONDENT: The basic principle behind this competition is pretty straight forward. You rush in, you cast your net, you look for the biggest fish, and the biggest fish wins.
(END VIDEO CLIP)
PHILLIPS: It's the story of the day. The Super Bowl of bare handed fishing, a tourist attraction of sorts. They're noodling in Nigeria, by the thousands. What is it? We're going to explain. Catch the big fish and the big action with our big dog Jeff Koinange, later on LIVE FROM.
ANNOUNCER: You're watching LIVE FROM on CNN.
(COMMERCIAL BREAK)
(WEATHER REPORT)
(COMMERCIAL BREAK)
O'BRIEN: New ammunition for both sides of the debate over Social Security reform. It comes in the annual report by the program's trustees, released a little more than an hour ago.
CNN senior correspondent Allan Chernoff brings us the latest projections. And when we're talking about Social Security and we say senior, we could mean something else. What we mean here is you're distinguished in every way, of course, Allan, and, of course, have committed this report to memory already, right?
ALLAN CHERNOFF, CNN CORRESPONDENT: Thank you very much, Miles. Unfortunately, I'm not receiving Social Security benefits just yet.
But the forecast here from the trustees certainly is grim. No surprise there at all. But the numbers are a little worse than they were last year.
The trustees now are saying that, beginning in 2017, revenues that the Social Security administration is taking in will actually fall short of anticipated benefits that year. So at that point, Social Security will begin eating into its trust fund. And as more Baby Boomers retire, the situation will get worse, up to the point where, in 2041, the Social Security trust fund will be exhausted entirely. Now that's one year earlier than the forecast last year.
At that point, also, the administration is saying that revenues will be able to cover only 74 percent of expected benefits. That number's actually one percentage point higher than last year. Nonetheless, the administration is using all this information to push for Social Security reform.
(BEGIN VIDEO CLIP)
JOHN SNOW, TREASURY SECRETARY: Numbers leave nothing to doubt about the fundamental financial condition of the Social Security system. It's -- it's on an unsustainable course. The report this year simply underscores that and confirms it.
(END VIDEO CLIP)
CHERNOFF: So how do we fix this situation? Well, the trustees report says we can raise Social Security taxes by 15 percent, or we can cut benefits by 13 percent, this starting right away, or a combination of the two.
Now, of course, the administration doesn't want to do either of those. What it wants is to introduce those private plans for Social Security. Take a little bit of the weight off of the government -- Miles.
O'BRIEN: All right, Allan Chernoff, thank you very much.
(BEGIN VIDEO CLIP)
PHILLIPS (voice-over): Next on LIVE FROM...
JESSICA SIERRA, "AMERICAN IDOL" CONTESTANT (singing): I really need you tonight.
PHILLIPS: Sorry, wrong number. "Idol" fans are reeling. The voting kafuffle that leaves even Simon speechless.
Sex offenders could live or work in your neighborhood. Find out how to make sure they stay away from your child. In a candid conversation with a convicted sexual predator.
KOINANGE: I'm Jeff Koinange in northern Nigeria. Coming up on LIVE FROM, searching for the big fish in some very muddy waters.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
ANWAR ROBINSON: (singing)
(END VIDEO CLIP) O'BRIEN: Well, if you missed "American Idol" last night, don't fret. That vacuum in your life will be filled tonight. The "Idol" meisters goofed. They put up the wrong phone numbers for viewers to call to vote for their favorites. So tonight, do-over time. And the "Idol" wannabe who would have been voted tonight enjoys a brief reprieve.
I bet they did this on purpose to sell more ads. What do you think, Kyra?
PHILLIPS: It's another show, right?
O'BRIEN: Yes. Why not?
PHILLIPS: Gives them another chance to perform again.
O'BRIEN: More bling-bling for FOX, right?
PHILLIPS: More record deals. Exactly. Another way to talk about Simon.
All right. Well, new concerns about inflation are keeping Wall Street in a cautious mood today. Valerie Morris joins us live from the New York Stock Exchange for that report.
Hi, Val.
(STOCK REPORT)
(COMMERCIAL BREAK)
PHILLIPS: In the news now, Pope John Paul II made a short and silent appearance today at his Vatican window. It lasted about a minute, and it follows report of a serious decline in his health. A crowd of several thousand people cheered from below, most of them pilgrims from his native Poland.
At least two people are dead in a bomb blast at a mall 12 miles north of Beirut, Lebanon. So far, no suspects. No claim of responsibility. It's the second bombing in a week in a mostly Christian area of Lebanon.
President Bush and the leaders of Canada and Mexico have announced a new agreement on trade and security in the last hour. They met today at Baylor University in Waco, Texas. Later, President Bush plans to give President Vicente Fox of Mexico and Prime Minister Paul Martin of Canada a tour of his ranch in nearby Crawford.
And a hearing is set today for captured killer Norman Porter of Massachusetts. He was a two-time killer who escaped from prison 20 years ago. In Illinois, he was a poet devoted to his church for years. Until yesterday when undercover police arrested Porter in Chicago.
O'BRIEN: And now much more on that story that continues to reveal appalling details. "The St. Petersburg Times" reporting that John Evander Couey, charged in the kidnapping, assault and murder of Jessica Marie Lunsford, once worked at the girl's school. The newspaper says it's unknown if Couey had contact with 9-year-old Jessica while working as a mason's helper at the Homosassa Elementary School. So far, school officials have not commented on the report.
The issue of child predators is getting attention on Capitol Hill today, with a news conference planned for 3 p.m. Eastern. When it happens, we'll bring those details to you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
