Return to Transcripts main page

Live From...

Legal Technicalities of the Schiavo Case; Bearing Global Warming

Aired March 24, 2005 - 14:34   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, CNN ANCHOR: A state judge in Florida has refused to allow the state government to take custody of Terri Schiavo based on allegations of neglect. And that appears -- I underscore that word, appears, because this case has taken many legal turns over its seven-year history -- but that appears to be the end of the legal line and perhaps the end of the line of life for Terri Schiavo.
Joining us on the line to walk us through those legal technicalities is Avery Friedman, who is a civil rights attorney. Avery, good to have you back with us.

AVERY FRIEDMAN, CIVIL RIGHTS LAWYER: Nice to be with you, Miles.

O'BRIEN: Let's just -- this particular ruling, by this state court judge who has had this case from the very beginning.

FRIEDMAN: Yes, Judge Greer, right.

O'BRIEN: Is there any appeal at this point, or is this the end of it, end of the legal?

FRIEDMAN: Well, technically, there is an appeal, but here's the perspective. From the Schindler perspective, all they're saying is, look it. We now believe that there's neglect or abuse. The Schiavo camp says, look, this is an insidious end run. Why are they bringing this up after all other legal avenues have been closed? The answer to the question is, the judge has the discretion to make the determination. And there has to be a showing of abuse or neglect, or else the case is over.

Well, I think probably it is likely what happened, because we don't have a written opinion, Miles, the judge simply said, look, at this juncture, we are not going to consider this. This appears to be an end run. Absent some fairly powerful evidence, there's nothing that the state is going to be permitted to do here.

O'BRIEN: Well, and I guess on the face of it, this sudden allegation of abuse and neglect, does seem to be just what you say, trumped up charges, an 11th hour attempt.

FRIEDMAN: Well, you know what? Let's give the Schindler side the benefit of the doubt, that they genuinely believe that there's something there. There is no question -- this is something initiated by Governor Bush. This is something coming from the state, because the governor's made clear what he wants to do. So giving him the benefit of the doubt, it's a creative approach, although think about this, Miles. Think about the aspersions that result in the allegations that Michael Schiavo and others are responsible for abusing or neglecting Terri. Absolutely awful. And why now? So I think the evidence is fairly clear. I think Judge Greer, who was a careful, conservative judge, had to look carefully at what was presented, and he made his ruling.

O'BRIEN: Is there any other basis by which Governor Bush and the state of Florida might be able to step in at this point?

FRIEDMAN: Well, you know, you've heard remarks that the governor could use his executive power and bring in, perhaps, the state troopers and take Terri, but I think that would be a lawless act. And to Governor Bush's credit, Miles, he has said, look, we are going to comply with the law. Whatever the moral issues in my mind, are, we are a nation of laws, a state of laws. I don't think so. But, again, you never can tell. The state may appeal that ruling by Judge Greer, and that remains to be seen.

O'BRIEN: All right. That could be the next step. Avery Friedman, we appreciate having you on the other end of the phone line for these matters. Thanks for your time -- Kyra.

KYRA PHILLIPS, CNN ANCHOR: We want to talk more about the medical perspective. Six days now since Terri Schiavo has not had her feeding tube. Dr. Sanjay Gupta joins us now. Let's -- OK, two arguments here, after we saw the latest developments yesterday about this neurologist coming forward saying -- giving his medical perspective that she was not in a persistent vegetative state, that she was minimally conscious.

Let's say that she is in a persistent vegetative state. Let's start there. OK? And six days without the feeding tube. Bob Franken telling us that hospice employees saying that she's feeling lethargic. OK. Why would she be feeling lethargic? Is this because the body is slowly shutting down?

DR. SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT: Yes, to some extent. Certainly, when you become dehydrated, and again, that's more important than the loss of calories, the loss of fluid is more important. Several things start to happen. One is that your blood pressure can start to actually drop. You just don't have as much fluids. Your heart rate might go up a little bit as your heart tries to beat harder -- faster, rather, to try and keep fluid profusing all the organs, you know, flowing blood to all the organs.

But eventually the kidneys are going to start to shut down a bit. When the kidneys shut down, you start to accumulate some toxins in the bloodstream. Kidneys filter out those toxins. If they're not working, the toxins build up. And that is probably what's starting to make her feel lethargic now. It is sort of those accumulation of toxins.

That's a difficult thing to know, obviously, with her exactly, because we're not checking her blood values to know if her kidneys are actually working or not. But if you look at lots of patients in this sort of same situation, that's typically the sequence of events.

PHILLIPS: OK. So now, my next question is, the painful side of things. Because when you hear the parents come forward and say, she's starving to death, she's being starved to death. I mean, that is very emotionally loaded. So the reality of Terri Schiavo feeling any pain right now, is that possible, number one? And if so, how painful, and where's that pain coming from? And does she have hunger pains?

GUPTA: Right. You know, and I don't think anyone's trying to avoid this question. I think the true answer, the correct answer, is, we don't know for sure, because Terri can't tell us. But, again, a lot of studies have been done on people who have been in end-of-life situations who have stopped taking their feedings, had their feeding tubes removed, who were able to communicate.

And what we know is that typically, scientifically, the body goes into a state of what is known as ketosis. You start to break down muscle instead of fat. Things like that. And a lot of people describe not having any pain, and taking it even one step further, saying not only is there not pain, hunger pains or thirst pains, but in fact, sometimes there's a sense of euphoria, as well.

Again, I prefaced it by saying we don't know because Terri can't tell us. And people who are in a persistent vegetative state, by definition, can't tell us what they're experiencing. So this is based on the best data that we have.

PHILLIPS: Now, if it's not PVS, if she's not in that state -- minimally conscious, then it's possible she could be feeling some type of pain.

GUPTA: That's right. And that's one of the distinctions between minimally conscious and PVS. The other distinction, and something that a lot of people ask for but have not been able to see, is some evidence that she's following commands. Meaning that if you asked her, for example, to hold up two fingers, that she'd hold up two fingers.

That's the big distinction, by the way, between persistent vegetative state and a minimally conscious state. Someone who actually hears what you're saying, understands it and executes it based on what you have just told them to do. Blink your eyes twice, hold up two fingers, wiggle your thumb, whatever it might be.

PHILLIPS: All right. Dr. Sanjay Gupta, thank you so much.

GUPTA: Thank you.

PHILLIPS: We're going to continue our coverage, but just to bring you up to date quickly at this point, the bottom line, it looks like, legally, all options are running out for Terri Schiavo's parents. Just recently, a Florida judge made the decision -- George Greer, actually, that he will not hear Governor Jeb Bush's arguments considering, or talking about taking custody of Terri Schiavo due to neglect or abuse. The records by a neurologist that recently was in Terri Schiavo's room for less than an hour was not enough to convince the judge that the appeals should continue. So at this point, options exhausted. And we're going to continue following the state of Terri Schiavo and what her parents and her husband continue to do -- Miles.

O'BRIEN: Still ahead on LIVE FROM, students who survived this week's school shooting rampage in Minnesota speak out. You'll hear from them.

And we're on polar bear watch today. They may look a little cute and cuddly, but they've got a big problem, and maybe you can help.

(COMMERCIAL BREAK)

O'BRIEN: Yesterday when I first told you about my upcoming documentary on global warming, I got in some hot water, if you will, with producer Brian Rochus (ph). It was that line urging you, the home viewer, not to allow your eyes to glaze over at the mere mention of the phrase climate change. Sorry about that, Brian.

But, of course, global warming does, in fact, sound like a take your medicine news story. Unless you stop and consider who or what is affected by a warming planet and then you might not be able to bear it.

(BEGIN VIDEOTAPE)

O'BRIEN (voice-over): They call it the polar bear capital of the world. Churchill, Manitoba, on the western banks of Hudson Bay, is probably the best place in the world for humans to catch a glimpse of the magnificent mammals that rule the arctic ice pack.

UNIDENTIFIED MALE: Hello. Polar Bear Alert.

O'BRIEN: But the bears are in trouble, big trouble. For them, it's a matter of survival.

RICHARD ROMANIUK, POLAR BEAR POLICEMAN: We've been chasing her since Wednesday about 10:00, we got the first call.

O'BRIEN: That's Richard Romaniuk, polar bear policeman. He's a very busy man these days.

ROMANIUK: Well, last night we had four calls. One at 5:00, one at about 1:00, one at about 3:00 and one at about 5:00.

Hey, buddy. You here by yourself?

The last three years, 2001, 2002, 2003, were the busiest years the program has ever had.

O'BRIEN: The bears are coming to town with alarming frequency. Weak, famished, and scavenging for food.

ROMANIUK: Last year, there were 176 bears that were captured, about 135 were captured in and around the dump.

O'BRIEN: Polar bears are nature's ultimate binge-eaters. During the winter, once the Hudson Bay freezes over, they take to the ice with a veracious appetite for seal. They hunt and eat as much as they can get their paws on, and then when the ice gets thin in the spring, they return to terra firma for a four-month fast.

NICK LUNN, SCIENTIST: The amount of time the bears in western Hudson Bay can spend on sea ice is critical for their survival.

O'BRIEN: Scientist Nick Lunn has logged two dozen years studying polar bears for the Canadian Wildlife Service.

LUNN: We've seen bears come into shore in poorer and poorer condition.

O'BRIEN: Adult males are 15 percent lighter than they were 20 years ago. Adult females with cubs, 20 percent skinnier. The reason -- the polar bear buffet is opening later and closing sooner. Over the past three decades, the thermometer has steadily risen, and the ice has just as steadily receded. Today the Hudson Bay returns to its liquid state three weeks earlier than it did in 1970.

LUNN: They're coming ashore earlier with less fat, and they have to make that reduced amount of fat reserves last longer. There's going to be a point in time where the bears are forced ashore so early that they just simply won't be able to survive.

(END VIDEOTAPE)

O'BRIEN: You can see our entire one-hour documentary on global warming on Sunday when CNN presents "MELTING POINT: TRACKING THE GLOBAL WARMING THREAT." Airs -- it's the first of four special reports investigating critical issues confronting our world over the next 25 years, in conjunction with our 25th anniversary. "MELTING POINT," Sunday, 8:00 p.m. Eastern time. Set the TiVo now.

PHILLIPS: Well, America has voted for real this time. The first-ever "American Idol" re-do show is in the can. One of the contestants will get the boot tonight, though. And singer Whitney Houston has a redo and puts herself back in rehab.

CNN entertainment correspondent Brooke Anderson has all this from L.A. Hi, Brooke.

BROOKE ANDERSON, CNN ENTERTAINMENT CORRESPONDENT: Hi, Kyra. A lot of redoes happening. It's good to get second chances, though, right?

The nearly 30 million people who keep up with "American Idol" every week can breathe a sigh of relief now. It's all back on track. The votes are in from last night's redo show and host Ryan Seacrest promised viewers they have nothing to worry about this time.

(BEGIN VIDEO CLIP) RYAN SEACREST, HOST, "AMERICAN IDOL": Welcome to the show that none of us were expecting. I know that all of you have tuned in for the results of last night's vote, but due to human error, all of the votes have been scrapped.

(END VIDEO CLIP)

ANDERSON: On Tuesday night, the wrong phone numbers for voting were put on the screen for the final three contestants. "Idol" producers say the graphic error was just human error and they did not do this deliberately. The new results will air tonight, 9:00 Eastern. One contestant, like Kyra said, will get the boot.

All right. Whitney Houston. She's having a tough time. She's back in rehab. This is according to her publicist. No word on where she's being treated or specifically why she's being treated, what she's being treated for. But just last March, Houston was in rehab for substance abuse. Back in 2002, Houston admitted she had used cocaine, marijuana, and pills. Just two years before that, in 2000, marijuana was found in her bag in an airport in Hawaii. Houston has been married to Bobby Brown since 1992.

Well, they weren't armed, but they were fabulous. Sandra Bullock and her "Miss Congeniality 2" armed and fabulous co-stars, including Regina King and William Shatner, were out for the film's premiere last night. Bullock is back as Gracy Hart (ph), but this time she's spending more time at the salon than the shooting range. She's a bit of a diva. So we asked Bullock if she, too, could be a diva. Watch this.

(BEGIN VIDEO CLIP)

SANDRA BULLOCK, ACTRESS: Oh, yes, I'm very grounded. Very grounded.

UNIDENTIFIED MALE: Do you worry about being a vida?

BULLOCK: Never, never, never. Shut up! I'm kidding you. Don't start with me. Don't start with me. I'll say it to you, and I'll slap you.

WILLIAM SHATNER, ACTOR: Spank you on your little tiny rear.

BULLOCK: I'm going to tell you what. Ain't nothing tiny or little about my rear.

SHATNER: I lie. What can I tell you?

BULLOCK: OK. He's so fired.

(END VIDEO CLIP)

ANDERSON: Nobody was fired last night, don't worry. "Miss Congeniality 2" is new in theaters this weekend. Kyra, by the way, Sandra Bullock received a star on the Hollywood Walk of Fame just a few minutes ago. PHILLIPS: All right. That's great. Well, for all the things she's given to charitable causes, that's great. And William Shatner, he is certifiably nuts, Brooke.

ANDERSON: Nutty. I love him.

PHILLIPS: All right. Brooke Anderson, thanks so much.

ANDERSON: Well, just ahead, when iPod meets Gameboy, Miles is all in a frenzy. Gadget geeks...

O'BRIEN: You were kind of enjoying it, too, if truth be told here.

ANDERSON: Well, if it involves fast driving, I have to admit. All right. So Miles and other gadget geeks, get out your credit card. It's time to go shopping.

O'BRIEN: All right. And a big honor today for Ashley Smith, the woman in Atlanta who turned in the courthouse shooter. She walked away with 65 large. We're live with that and more ahead on LIVE FROM.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

O'BRIEN: Ashley Smith is several thousand dollars richer today. Well-deserved. Wouldn't you say?

PHILLIPS: 70 grand. 70 big ones.

O'BRIEN: Oh, 70. I did it wrong. I said 65.

PHILLIPS: Well, the Atlanta Police came forward and surprised us all with $5,000 and added to the 65.

O'BRIEN: Well, shoot, where are we? Let's pony up a little ourselves.

PHILLIPS: Where are we? CNN ought to divvy up. All right, we're going to hear more from Ashley Smith for the first time in a couple weeks to just see how she's doing, how she reacted to all the accolades today.

O'BRIEN: And students who survived the Minnesota high school rampage describe what that day was like in their words, what an awful day it was. More on this and more as LIVE FROM continues.

(COMMERCIAL BREAK)

PHILLIPS: "Now in the News," one by one, courts, including the nation's highest, refuse to intervene in the case of Terri Schiavo. The latest, a judge in Florida, who's considered the case several times already. We're live in Florida in just a moment with more.

It's still a mystery what sparked a deadly explosion at an oil refinery near Houston. Plant officials do not think it was sabotage or terrorism. 15 people were killed, dozens more injured at the B.P. Refinery in Texas City, Texas.

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 24, 2005 - 14:34   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: A state judge in Florida has refused to allow the state government to take custody of Terri Schiavo based on allegations of neglect. And that appears -- I underscore that word, appears, because this case has taken many legal turns over its seven-year history -- but that appears to be the end of the legal line and perhaps the end of the line of life for Terri Schiavo.
Joining us on the line to walk us through those legal technicalities is Avery Friedman, who is a civil rights attorney. Avery, good to have you back with us.

AVERY FRIEDMAN, CIVIL RIGHTS LAWYER: Nice to be with you, Miles.

O'BRIEN: Let's just -- this particular ruling, by this state court judge who has had this case from the very beginning.

FRIEDMAN: Yes, Judge Greer, right.

O'BRIEN: Is there any appeal at this point, or is this the end of it, end of the legal?

FRIEDMAN: Well, technically, there is an appeal, but here's the perspective. From the Schindler perspective, all they're saying is, look it. We now believe that there's neglect or abuse. The Schiavo camp says, look, this is an insidious end run. Why are they bringing this up after all other legal avenues have been closed? The answer to the question is, the judge has the discretion to make the determination. And there has to be a showing of abuse or neglect, or else the case is over.

Well, I think probably it is likely what happened, because we don't have a written opinion, Miles, the judge simply said, look, at this juncture, we are not going to consider this. This appears to be an end run. Absent some fairly powerful evidence, there's nothing that the state is going to be permitted to do here.

O'BRIEN: Well, and I guess on the face of it, this sudden allegation of abuse and neglect, does seem to be just what you say, trumped up charges, an 11th hour attempt.

FRIEDMAN: Well, you know what? Let's give the Schindler side the benefit of the doubt, that they genuinely believe that there's something there. There is no question -- this is something initiated by Governor Bush. This is something coming from the state, because the governor's made clear what he wants to do. So giving him the benefit of the doubt, it's a creative approach, although think about this, Miles. Think about the aspersions that result in the allegations that Michael Schiavo and others are responsible for abusing or neglecting Terri. Absolutely awful. And why now? So I think the evidence is fairly clear. I think Judge Greer, who was a careful, conservative judge, had to look carefully at what was presented, and he made his ruling.

O'BRIEN: Is there any other basis by which Governor Bush and the state of Florida might be able to step in at this point?

FRIEDMAN: Well, you know, you've heard remarks that the governor could use his executive power and bring in, perhaps, the state troopers and take Terri, but I think that would be a lawless act. And to Governor Bush's credit, Miles, he has said, look, we are going to comply with the law. Whatever the moral issues in my mind, are, we are a nation of laws, a state of laws. I don't think so. But, again, you never can tell. The state may appeal that ruling by Judge Greer, and that remains to be seen.

O'BRIEN: All right. That could be the next step. Avery Friedman, we appreciate having you on the other end of the phone line for these matters. Thanks for your time -- Kyra.

KYRA PHILLIPS, CNN ANCHOR: We want to talk more about the medical perspective. Six days now since Terri Schiavo has not had her feeding tube. Dr. Sanjay Gupta joins us now. Let's -- OK, two arguments here, after we saw the latest developments yesterday about this neurologist coming forward saying -- giving his medical perspective that she was not in a persistent vegetative state, that she was minimally conscious.

Let's say that she is in a persistent vegetative state. Let's start there. OK? And six days without the feeding tube. Bob Franken telling us that hospice employees saying that she's feeling lethargic. OK. Why would she be feeling lethargic? Is this because the body is slowly shutting down?

DR. SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT: Yes, to some extent. Certainly, when you become dehydrated, and again, that's more important than the loss of calories, the loss of fluid is more important. Several things start to happen. One is that your blood pressure can start to actually drop. You just don't have as much fluids. Your heart rate might go up a little bit as your heart tries to beat harder -- faster, rather, to try and keep fluid profusing all the organs, you know, flowing blood to all the organs.

But eventually the kidneys are going to start to shut down a bit. When the kidneys shut down, you start to accumulate some toxins in the bloodstream. Kidneys filter out those toxins. If they're not working, the toxins build up. And that is probably what's starting to make her feel lethargic now. It is sort of those accumulation of toxins.

That's a difficult thing to know, obviously, with her exactly, because we're not checking her blood values to know if her kidneys are actually working or not. But if you look at lots of patients in this sort of same situation, that's typically the sequence of events.

PHILLIPS: OK. So now, my next question is, the painful side of things. Because when you hear the parents come forward and say, she's starving to death, she's being starved to death. I mean, that is very emotionally loaded. So the reality of Terri Schiavo feeling any pain right now, is that possible, number one? And if so, how painful, and where's that pain coming from? And does she have hunger pains?

GUPTA: Right. You know, and I don't think anyone's trying to avoid this question. I think the true answer, the correct answer, is, we don't know for sure, because Terri can't tell us. But, again, a lot of studies have been done on people who have been in end-of-life situations who have stopped taking their feedings, had their feeding tubes removed, who were able to communicate.

And what we know is that typically, scientifically, the body goes into a state of what is known as ketosis. You start to break down muscle instead of fat. Things like that. And a lot of people describe not having any pain, and taking it even one step further, saying not only is there not pain, hunger pains or thirst pains, but in fact, sometimes there's a sense of euphoria, as well.

Again, I prefaced it by saying we don't know because Terri can't tell us. And people who are in a persistent vegetative state, by definition, can't tell us what they're experiencing. So this is based on the best data that we have.

PHILLIPS: Now, if it's not PVS, if she's not in that state -- minimally conscious, then it's possible she could be feeling some type of pain.

GUPTA: That's right. And that's one of the distinctions between minimally conscious and PVS. The other distinction, and something that a lot of people ask for but have not been able to see, is some evidence that she's following commands. Meaning that if you asked her, for example, to hold up two fingers, that she'd hold up two fingers.

That's the big distinction, by the way, between persistent vegetative state and a minimally conscious state. Someone who actually hears what you're saying, understands it and executes it based on what you have just told them to do. Blink your eyes twice, hold up two fingers, wiggle your thumb, whatever it might be.

PHILLIPS: All right. Dr. Sanjay Gupta, thank you so much.

GUPTA: Thank you.

PHILLIPS: We're going to continue our coverage, but just to bring you up to date quickly at this point, the bottom line, it looks like, legally, all options are running out for Terri Schiavo's parents. Just recently, a Florida judge made the decision -- George Greer, actually, that he will not hear Governor Jeb Bush's arguments considering, or talking about taking custody of Terri Schiavo due to neglect or abuse. The records by a neurologist that recently was in Terri Schiavo's room for less than an hour was not enough to convince the judge that the appeals should continue. So at this point, options exhausted. And we're going to continue following the state of Terri Schiavo and what her parents and her husband continue to do -- Miles.

O'BRIEN: Still ahead on LIVE FROM, students who survived this week's school shooting rampage in Minnesota speak out. You'll hear from them.

And we're on polar bear watch today. They may look a little cute and cuddly, but they've got a big problem, and maybe you can help.

(COMMERCIAL BREAK)

O'BRIEN: Yesterday when I first told you about my upcoming documentary on global warming, I got in some hot water, if you will, with producer Brian Rochus (ph). It was that line urging you, the home viewer, not to allow your eyes to glaze over at the mere mention of the phrase climate change. Sorry about that, Brian.

But, of course, global warming does, in fact, sound like a take your medicine news story. Unless you stop and consider who or what is affected by a warming planet and then you might not be able to bear it.

(BEGIN VIDEOTAPE)

O'BRIEN (voice-over): They call it the polar bear capital of the world. Churchill, Manitoba, on the western banks of Hudson Bay, is probably the best place in the world for humans to catch a glimpse of the magnificent mammals that rule the arctic ice pack.

UNIDENTIFIED MALE: Hello. Polar Bear Alert.

O'BRIEN: But the bears are in trouble, big trouble. For them, it's a matter of survival.

RICHARD ROMANIUK, POLAR BEAR POLICEMAN: We've been chasing her since Wednesday about 10:00, we got the first call.

O'BRIEN: That's Richard Romaniuk, polar bear policeman. He's a very busy man these days.

ROMANIUK: Well, last night we had four calls. One at 5:00, one at about 1:00, one at about 3:00 and one at about 5:00.

Hey, buddy. You here by yourself?

The last three years, 2001, 2002, 2003, were the busiest years the program has ever had.

O'BRIEN: The bears are coming to town with alarming frequency. Weak, famished, and scavenging for food.

ROMANIUK: Last year, there were 176 bears that were captured, about 135 were captured in and around the dump.

O'BRIEN: Polar bears are nature's ultimate binge-eaters. During the winter, once the Hudson Bay freezes over, they take to the ice with a veracious appetite for seal. They hunt and eat as much as they can get their paws on, and then when the ice gets thin in the spring, they return to terra firma for a four-month fast.

NICK LUNN, SCIENTIST: The amount of time the bears in western Hudson Bay can spend on sea ice is critical for their survival.

O'BRIEN: Scientist Nick Lunn has logged two dozen years studying polar bears for the Canadian Wildlife Service.

LUNN: We've seen bears come into shore in poorer and poorer condition.

O'BRIEN: Adult males are 15 percent lighter than they were 20 years ago. Adult females with cubs, 20 percent skinnier. The reason -- the polar bear buffet is opening later and closing sooner. Over the past three decades, the thermometer has steadily risen, and the ice has just as steadily receded. Today the Hudson Bay returns to its liquid state three weeks earlier than it did in 1970.

LUNN: They're coming ashore earlier with less fat, and they have to make that reduced amount of fat reserves last longer. There's going to be a point in time where the bears are forced ashore so early that they just simply won't be able to survive.

(END VIDEOTAPE)

O'BRIEN: You can see our entire one-hour documentary on global warming on Sunday when CNN presents "MELTING POINT: TRACKING THE GLOBAL WARMING THREAT." Airs -- it's the first of four special reports investigating critical issues confronting our world over the next 25 years, in conjunction with our 25th anniversary. "MELTING POINT," Sunday, 8:00 p.m. Eastern time. Set the TiVo now.

PHILLIPS: Well, America has voted for real this time. The first-ever "American Idol" re-do show is in the can. One of the contestants will get the boot tonight, though. And singer Whitney Houston has a redo and puts herself back in rehab.

CNN entertainment correspondent Brooke Anderson has all this from L.A. Hi, Brooke.

BROOKE ANDERSON, CNN ENTERTAINMENT CORRESPONDENT: Hi, Kyra. A lot of redoes happening. It's good to get second chances, though, right?

The nearly 30 million people who keep up with "American Idol" every week can breathe a sigh of relief now. It's all back on track. The votes are in from last night's redo show and host Ryan Seacrest promised viewers they have nothing to worry about this time.

(BEGIN VIDEO CLIP) RYAN SEACREST, HOST, "AMERICAN IDOL": Welcome to the show that none of us were expecting. I know that all of you have tuned in for the results of last night's vote, but due to human error, all of the votes have been scrapped.

(END VIDEO CLIP)

ANDERSON: On Tuesday night, the wrong phone numbers for voting were put on the screen for the final three contestants. "Idol" producers say the graphic error was just human error and they did not do this deliberately. The new results will air tonight, 9:00 Eastern. One contestant, like Kyra said, will get the boot.

All right. Whitney Houston. She's having a tough time. She's back in rehab. This is according to her publicist. No word on where she's being treated or specifically why she's being treated, what she's being treated for. But just last March, Houston was in rehab for substance abuse. Back in 2002, Houston admitted she had used cocaine, marijuana, and pills. Just two years before that, in 2000, marijuana was found in her bag in an airport in Hawaii. Houston has been married to Bobby Brown since 1992.

Well, they weren't armed, but they were fabulous. Sandra Bullock and her "Miss Congeniality 2" armed and fabulous co-stars, including Regina King and William Shatner, were out for the film's premiere last night. Bullock is back as Gracy Hart (ph), but this time she's spending more time at the salon than the shooting range. She's a bit of a diva. So we asked Bullock if she, too, could be a diva. Watch this.

(BEGIN VIDEO CLIP)

SANDRA BULLOCK, ACTRESS: Oh, yes, I'm very grounded. Very grounded.

UNIDENTIFIED MALE: Do you worry about being a vida?

BULLOCK: Never, never, never. Shut up! I'm kidding you. Don't start with me. Don't start with me. I'll say it to you, and I'll slap you.

WILLIAM SHATNER, ACTOR: Spank you on your little tiny rear.

BULLOCK: I'm going to tell you what. Ain't nothing tiny or little about my rear.

SHATNER: I lie. What can I tell you?

BULLOCK: OK. He's so fired.

(END VIDEO CLIP)

ANDERSON: Nobody was fired last night, don't worry. "Miss Congeniality 2" is new in theaters this weekend. Kyra, by the way, Sandra Bullock received a star on the Hollywood Walk of Fame just a few minutes ago. PHILLIPS: All right. That's great. Well, for all the things she's given to charitable causes, that's great. And William Shatner, he is certifiably nuts, Brooke.

ANDERSON: Nutty. I love him.

PHILLIPS: All right. Brooke Anderson, thanks so much.

ANDERSON: Well, just ahead, when iPod meets Gameboy, Miles is all in a frenzy. Gadget geeks...

O'BRIEN: You were kind of enjoying it, too, if truth be told here.

ANDERSON: Well, if it involves fast driving, I have to admit. All right. So Miles and other gadget geeks, get out your credit card. It's time to go shopping.

O'BRIEN: All right. And a big honor today for Ashley Smith, the woman in Atlanta who turned in the courthouse shooter. She walked away with 65 large. We're live with that and more ahead on LIVE FROM.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

O'BRIEN: Ashley Smith is several thousand dollars richer today. Well-deserved. Wouldn't you say?

PHILLIPS: 70 grand. 70 big ones.

O'BRIEN: Oh, 70. I did it wrong. I said 65.

PHILLIPS: Well, the Atlanta Police came forward and surprised us all with $5,000 and added to the 65.

O'BRIEN: Well, shoot, where are we? Let's pony up a little ourselves.

PHILLIPS: Where are we? CNN ought to divvy up. All right, we're going to hear more from Ashley Smith for the first time in a couple weeks to just see how she's doing, how she reacted to all the accolades today.

O'BRIEN: And students who survived the Minnesota high school rampage describe what that day was like in their words, what an awful day it was. More on this and more as LIVE FROM continues.

(COMMERCIAL BREAK)

PHILLIPS: "Now in the News," one by one, courts, including the nation's highest, refuse to intervene in the case of Terri Schiavo. The latest, a judge in Florida, who's considered the case several times already. We're live in Florida in just a moment with more.

It's still a mystery what sparked a deadly explosion at an oil refinery near Houston. Plant officials do not think it was sabotage or terrorism. 15 people were killed, dozens more injured at the B.P. Refinery in Texas City, Texas.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com