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CNN Live Today
Schiavo Deadline; Missing Florida Girl
Aired March 18, 2005 - 11:00 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.
RICK SANCHEZ, CNN ANCHOR: And in the news on this day, a congressional subpoena appears imminent in the Terri Schiavo case. A House committee planning to call Schiavo herself to appear next week before Congress. The subpoena could effectively block the removal two hours from now of the feeding tube that keeps Schiavo alive.
In Atlanta, city officials have released new details on the response by Atlanta police to last Friday's shooting rampage. The timeline shows that police did not know the extent of the killings or learn the identity of the suspect for about 30 minutes, even though that information was known to the sheriff's department. The delay was blamed on communications difficulties and the chaos at the scene.
Now, in California, no testimony today in the child molestation trial of Michael Jackson. A variety of motions are going to be argued on this day instead, we're told. A former housekeeper testified yesterday that she witnessed young boys running out of control at Jackson's Neverland Ranch.
Now, in Iraq, a car bomb in Mosul today killed two Iraqi civilians and wounded 15 others, including six soldiers. The attacked appeared aimed at a military convoy. We understand that tomorrow marks the second anniversary of the U.S.-led invasion to topple Saddam Hussein.
It is 11:00 a.m. on the East Coast, 8:00 a.m. out West. And from the CNN Center in Atlanta, we welcome you back. I'm Rick Sanchez. Daryn is off today.
Up first this hour, a race against time in the life-and-death battle involving a brain-damaged Florida woman. A court order to remove Terri Schiavo's feeding tube will go in effect in about two hours from now. But lawmakers in Washington are trying to scramble to keep that from happening, even requesting that Schiavo herself appear as a witness before a Senate committee.
CNN's Carol Lin, she's in Clearwater, Florida. She's going to be joining us with the latest. Our Joe Johns, he's at the Capitol, and he's been following the developments that have been coming out of Capitol Hill.
So, Joe, let's begin with you. Would you clear up for us what it is that Congress is attempting to do here?
JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: Quite frankly, extraordinary maneuvers here on Capitol Hill today, Rick. The House of Representatives, a committee there, the House Reform Committee, indicating that it does plan to issue a subpoena requiring the preservation of nutrition and hydration for Terri Schiavo. Of course, we're expecting to see the language of that subpoena fairly soon today.
Meanwhile, over on the Senate side, there's also activity here as well. The Senate Health Committee, the Health Committee here, indicating it is issuing an invitation both to Terri Schiavo and her husband to testify at a hearing on March 28.
Also, the Senate majority leader, Bill Frist, issuing a statement today, indicating quite clearly that, in his view, there would be legal remedies for the Congress if she were not preserved with that feeding tube, saying, in part, "Federal criminal law protects witnesses called before official congressional committee proceedings from anyone who may obstruct or impede a witness' attendance or testimony."
All of this, of course, has caught the attention of the White House. The president in Florida today. His press secretary talking to reporters earlier this morning, saying in part the president appreciates the Congress' attempts to defend life -- Rick.
SANCHEZ: All right. Joe Johns following that development coming from Capitol Hill.
It looks like at the very least they may be able to delay this. So let's go to Carol Lin now to see what kind of reaction they're getting at the hospice.
That's where you are, Carol, correct?
CAROL LIN, CNN CORRESPONDENT: Yes. And a huge sense of anticipation here, Rick. Just a short time ago we heard from the attorney, David Gibbs, who is representing Terri Schiavo's parents. Let's listen to what he had to say.
(BEGIN VIDEO CLIP)
DAVID GIBBS, SCHINDLER FAMILY ATTORNEY: Terri is as alive as you and I, and we are very pleased on behalf of the family. Bob and Mary Schindler have been praying to god for a miracle to save their daughter. And we believe right now the miracle may come from the middle district, the federal court here in Tampa.
The miracle may be these actions taken by the United States Congress. But we believe Terri is a life worth living. We believe she should be protected under the law. And we are very pleased that these different courts and government officials are acting in reviewing this situation.
(END VIDEO CLIP)
LIN: Today, David Gibbs put into motion yet another motion, this time filed in a federal court in Tampa, basically requesting that the federal courts review the actions by the state of Florida. Once again, a tactic to try to delay the cutting off of that feeding tube. But their best hope is in this House subpoena which has not been received yet. We understand in one hour, at noon, U.S. marshals are expected to arrive here at Woodside Hospice. They will go in, they will serve both the doctors, the administrators. As well as, Rick, get this, Terri Schiavo herself will be subpoenaed directly by the U.S. marshals to make this appearance before Congress March 28.
SANCHEZ: This despite the fact that two lower courts have found her to be in a persistent -- quote here -- "persistent vegetative state?"
LIN: Yes. Because her parents have maintained all along that she is alive, she is breathing, she is sitting in a chair, listening to music.
Her mother is teaching her to say "I love you," that she has the cognitive abilities of a 6 to 11-month-old baby, that she is alive. That she has not been able to represent her case herself. She, herself, has not had an attorney. And therefore, they've been maintaining these arguments that her constitutional as well as religious rights have been violated.
So they're welcoming this opportunity. Rick, we still have to hear from the husband, who is the legal guardian of Terri Schiavo, and his attorney as to how they are expected to respond to the subpoena as well.
SANCHEZ: Good point. We haven't heard from Michael Schiavo. Carol Lin, thanks so much for bringing us up to date on that.
So that brings us to the question of the parents and their holding in this particular case. They're disputing, as you just heard Carol Lin say, some of what's been said about her being -- and the quote again is "persistent vegetative state."
Our John Zarrella had a chance to sit down and talk to them. Here's what they have to say.
(BEGIN VIDEOTAPE)
MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: Hi. It's mommy. Hi.
When I go in there to Terri, I say to her -- every single time I go there in there, "Terri" -- and I said this even when her feeding was removed -- I said, "Do not give up." I said, "Mom and daddy are working very, very hard to help you."
BOB SCHINDLER, TERRI SCHIAVO'S FATHER: It's hard for me to believe that they're trying to kill Terri because there's nothing wrong with her. There's no reason for her to die.
M. SCHINDLER: It just seems like every time we get so close, that the person that intervenes the most is god.
JOHN ZARRELLA, CNN CORRESPONDENT: You've never believed that she was in a persistent vegetative state, have you? M. SCHINDLER: Maybe it was Terri's wishes that she wouldn't want to be hooked up to all kinds of machines and stuff, but she's not. She's not hooked up to anything, and she's -- all she's doing -- all she has a little feed tube in her stomach.
B. SCHINDLER: She's perceived as being hooked up on all kinds of devices, that she's in a coma, she's a flat line, and there's nothing there, and it's quite the contrary.
M. SCHINDLER: It's OK. Mommy loves you!
I walked in and I said, "You going to wake up?" And she started to open her eyes, and I said, "Well, it's me. It's mommy." And her eyes got like saucers and she started laughing. And that's why I can see, when she does that, and when she starts trying to talk to me, you know, and I don't understand her, I can see those things on an MRI just flashing back and forth, knowing that she's got some cognitive level in her.
B. SCHINDLER: (UNINTELLIGIBLE) we used to have fun. Do you remember that?
ZARRELLA: The eventuality that you lose, you're prepared emotionally, religiously?
M. SCHINDLER: I know what could happen. And when the time comes...
B. SCHINDLER: Yes, I just won't go there.
M. SCHINDLER: Not right now. I'll face it then.
B. SCHINDLER: We'll cross that bridge when we get to it.
ZARRELLA: So you won't allow yourselves to even go there now?
M. SCHINDLER: Not right now.
B. SCHINDLER: Not yet. Why? That's like walking out of a ballpark in the fifth inning.
M. SCHINDLER: Nope.
B. SCHINDLER: The game's not over yet.
(END VIDEOTAPE)
SANCHEZ: There's obviously another side to this story. Let's try to bring it to you as best we can.
This involves Terri Schiavo's husband, Michael. He says 18 doctors have examined her over the years and that she has been to several different hospitals as well. He says that she even had a brain stimulator placed in her head but showed no progress. He says he's following her wishes by seeking to remove her feeding tube, something he says she had asked him to do. Well, Terri Schiavo has been at the center of this legal tug-of- war now for more than a decade. She suffered brain damage after she collapsed in her home in 1990. The in 1998, Michael Schiavo petitioned the court to remove his wife's feeding tube, saying that she never wanted to be kept alive artificially.
The feeding tube was removed April 24, 2001. Following an appeal, the circuit court ordered the tube be reinserted two days later.
In November of 2002, an appeals court ordered the tube removed again. It was disconnected for a second time in October of the following year. Within days, the Florida legislature stepped in and passed a Terri law, and the feeding tube was reinserted.
September of last year, the Florida Supreme Court ruled that Terri's Law was unconstitutional. And yesterday, the U.S. Supreme Court rejected another emergency appeal by Schiavo's parents to not remove the tube.
Wow.
For more on the long-running legal battle and what's likely to happen next, we go to someone who has been following it for oh so many years because he lives in the state of Florida and has been very close to this case. Kendall Coffey is joining us now.
And I guess the obvious question, Kendall, is how do you characterize this move in Congress to literally subpoena Terri Schiavo to appear before a commission?
KENDALL COFFEY, FMR. U.S. ATTORNEY: I don't think the word "extraordinary" is strong enough, Rick. Whatever one feels about the merits of this agonizing debate, she clearly cannot testify. And yet, I guess in sort of an ultimate desperation, that appears to be the only kind of legal process that anyone can come up with that might, in effect, slow things down for a few days. As we know...
SANCHEZ: How does it -- explain that to us, because does it override the decisions that have been reached by both the state Supreme Court in Florida and the U.S. Supreme Court?
COFFEY: Well, what it -- it may not, but here's what it does as a practical term. You're a medical professional in that hospice center, you have a subpoena which says, however strange, however unnatural you may think it is, that this person who appears to be in a persistent vegetative state is supposed to go to Washington next week.
Are you going to risk any sort of contempt of Congress or even being prosecuted for a federal misdemeanor crime for, in effect, obstructing a subpoena of Congress? I think the answer is going to be that this thing may, in effect, have the practical, if not the legal effect, of buying still more time for the parents of Terri Schiavo to pursue some other angles.
SANCHEZ: We were just presenting to our audience moments ago -- I think you heard it, Kendall -- really both sides of this case. And one side seems to be agreed upon by many courts, that she's in a persistent vegetative state.
Her parents and so many others are saying she's not. They're classifying her as disabled.
Is that going to be the heart of the argument here, or has that already been heard?
COFFEY: Well, that's the heart of the emotional and perhaps the moral debate. But, Rick, looking at it from a legal standpoint, the courts have heard all of the evidence many, many times.
So from a legal standpoint, she is determined to be in a persistent vegetative state. As we know, four different courts just this week, three levels of Florida, the U.S. Supreme court, have basically closed the door to having any of those arguments heard again or reconsidered again.
SANCHEZ: Let's ask -- I want to ask you one more question, Kendall. And this one has to do with a congressional body stepping in. I don't know if the word is "attempt" but I'm going to use it, and you correct me if I'm wrong, attempting to correct or perhaps clarify decisions or rulings that have been made by courts. How often do we see something like this, and what do you think of it?
COFFEY: Almost unheard of. And just as we've seen this agonizing personal debate between a husband and parents, a legal -- I mean, a political debate between right to life and death with dignity, we're seeing an evolving constitutional debate with the courts on one side of it saying this is the kind of personal individual case which the courts are to decide, the legislative branch is on the other.
And our history and our traditions say that courts don't tell presidents how to conduct war, Congress whether or not to raise taxes. And the legislature doesn't decide the life-and-death issues, the human rights inside of an individual court case.
SANCHEZ: Incredible debate. Interesting conversation. Our thanks as usual to Kendall Coffey in Miami with the palm trees swaying in the background there behind him.
I'm envious. I'll see you soon. Thank you, Kendall.
COFFEY: OK. Thank you, Rick.
SANCHEZ: All right. Let's try and catch you up now one of the doings (ph) here in Atlanta, Georgia.
We're going to show you some pictures now of a funeral procession. It's a sad day for many in Atlanta, a sad day for law enforcement as well. This is the procession of a deputy sheriff from Fulton County who lost his life last Friday in that courthouse shooting spree. We leave you with these pictures as we go to break.
(COMMERCIAL BREAK) SANCHEZ: Welcome back to CNN LIVE TODAY. I'm Rick Sanchez.
Now to the disappearance of the Florida girl, Jessica Lunsford, in Homasassa Springs. A person of interest, that's what they're calling him in this case, went before a Georgia judge today. The question in this case seems to be whether he's linked in any way to the disappearance of the little girl. That's what police and law enforcement officials are trying to find out.
Let's go to national correspondent Susan Candiotti. She's in Augusta, Georgia, to fill us in on how that interview and investigation has been going.
To you, Susan.
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Hi, Rick.
Well, CNN has learned that, after more than six hours of questioning over the course of two days, person of interest John Couey so far has not told investigators anything that I am told would significantly move the case forward in terms of trying to figure out what has happened to the missing 9-year-old Jessica Lunsford. However, law enforcement sources tell CNN that John Couey has not yet been cleared in the case. They are still talking with him.
However, earlier this morning, John Couey appeared here at the jail before a judge, very briefly, and he told the judge that he would be willing to return voluntarily to Florida to answer to probation charges. Here's what the sheriff had to say.
(BEGIN VIDEO CLIP)
SHERIFF RONNIE STRENGTH, RICHMOND COUNTY, GEORGIA: The extradition hearing for John Couey has been completed. He has signed a waiver of extradition and will be returned to Florida.
He will not be transported from this facility until we have contacted Florida authorities and made arrangements. Basically, what I'm telling you there, he will not be leaving here today.
(END VIDEO CLIP)
CANDIOTTI: Jessica Lunsford has been missing since last month, when she went missing from her home in Homosassa Springs, Florida. Couey is a convicted sex offender who was staying with relatives who live practically across the street from the Lunsford family.
Now, as they arrived this morning, investigators told me that Couey is continuing to cooperate. He is answering all of their questions. CNN's Sara Dorsey asked Jessica's grandmother what she thought about this latest information about Couey, and she told us in these words, "I was really kind of hoping it was him so we'd know something solid, but I really don't know."
Rick, back to you.
SANCHEZ: CNN's Susan Candiotti following the story for us. Thank you, Susan.
Here's another story we're going to be following, Robert Blake. He's a free man.
(BEGIN VIDEO CLIP)
ROBERT BLAKE, ACTOR: I was a rich man. I'm broke now. Now I got to go to work. But before that, I'm going to go out and do a little cowboying.
(END VIDEO CLIP)
SANCHEZ: Cowboying. Some of you may be wondering what he meant with some of the interesting things that he had to say, minus the cigarette, or even without it -- or with it, I should say. Jeanne Moos tries to put it all together for us. Robert Blake when we come back.
(COMMERCIAL BREAK)
(WEATHER REPORT)
SANCHEZ: Time for "Daily Dose" now, and we focus on money.
President Bush wants $300 million in the global fight against AIDS in 2006. But the Senate is practically tripling that amount to $800 million. Much of the money would go to the AIDS pandemic sweeping Africa. The U.N. forecast, a startling 83 million AIDS deaths in Africa by 2025.
The extra money for AIDS was among dozens of amendments the Senate took up as it passed the president's overall $2.6 trillion financial bluepint. A whole lot of zeroes.
(COMMERCIAL BREAK)
SANCHEZ: And we do have some important news for you. CNN has learned a House committee plans to subpoena Terri Schiavo to testify next week before Congress. Schiavo's family is hopeful the invalid woman will be able to make a trip from Florida to Washington. The subpoena could forestall removal of Schiavo's feeding tube, which is set to occur 90 minutes from now.
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 18, 2005 - 11:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RICK SANCHEZ, CNN ANCHOR: And in the news on this day, a congressional subpoena appears imminent in the Terri Schiavo case. A House committee planning to call Schiavo herself to appear next week before Congress. The subpoena could effectively block the removal two hours from now of the feeding tube that keeps Schiavo alive.
In Atlanta, city officials have released new details on the response by Atlanta police to last Friday's shooting rampage. The timeline shows that police did not know the extent of the killings or learn the identity of the suspect for about 30 minutes, even though that information was known to the sheriff's department. The delay was blamed on communications difficulties and the chaos at the scene.
Now, in California, no testimony today in the child molestation trial of Michael Jackson. A variety of motions are going to be argued on this day instead, we're told. A former housekeeper testified yesterday that she witnessed young boys running out of control at Jackson's Neverland Ranch.
Now, in Iraq, a car bomb in Mosul today killed two Iraqi civilians and wounded 15 others, including six soldiers. The attacked appeared aimed at a military convoy. We understand that tomorrow marks the second anniversary of the U.S.-led invasion to topple Saddam Hussein.
It is 11:00 a.m. on the East Coast, 8:00 a.m. out West. And from the CNN Center in Atlanta, we welcome you back. I'm Rick Sanchez. Daryn is off today.
Up first this hour, a race against time in the life-and-death battle involving a brain-damaged Florida woman. A court order to remove Terri Schiavo's feeding tube will go in effect in about two hours from now. But lawmakers in Washington are trying to scramble to keep that from happening, even requesting that Schiavo herself appear as a witness before a Senate committee.
CNN's Carol Lin, she's in Clearwater, Florida. She's going to be joining us with the latest. Our Joe Johns, he's at the Capitol, and he's been following the developments that have been coming out of Capitol Hill.
So, Joe, let's begin with you. Would you clear up for us what it is that Congress is attempting to do here?
JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: Quite frankly, extraordinary maneuvers here on Capitol Hill today, Rick. The House of Representatives, a committee there, the House Reform Committee, indicating that it does plan to issue a subpoena requiring the preservation of nutrition and hydration for Terri Schiavo. Of course, we're expecting to see the language of that subpoena fairly soon today.
Meanwhile, over on the Senate side, there's also activity here as well. The Senate Health Committee, the Health Committee here, indicating it is issuing an invitation both to Terri Schiavo and her husband to testify at a hearing on March 28.
Also, the Senate majority leader, Bill Frist, issuing a statement today, indicating quite clearly that, in his view, there would be legal remedies for the Congress if she were not preserved with that feeding tube, saying, in part, "Federal criminal law protects witnesses called before official congressional committee proceedings from anyone who may obstruct or impede a witness' attendance or testimony."
All of this, of course, has caught the attention of the White House. The president in Florida today. His press secretary talking to reporters earlier this morning, saying in part the president appreciates the Congress' attempts to defend life -- Rick.
SANCHEZ: All right. Joe Johns following that development coming from Capitol Hill.
It looks like at the very least they may be able to delay this. So let's go to Carol Lin now to see what kind of reaction they're getting at the hospice.
That's where you are, Carol, correct?
CAROL LIN, CNN CORRESPONDENT: Yes. And a huge sense of anticipation here, Rick. Just a short time ago we heard from the attorney, David Gibbs, who is representing Terri Schiavo's parents. Let's listen to what he had to say.
(BEGIN VIDEO CLIP)
DAVID GIBBS, SCHINDLER FAMILY ATTORNEY: Terri is as alive as you and I, and we are very pleased on behalf of the family. Bob and Mary Schindler have been praying to god for a miracle to save their daughter. And we believe right now the miracle may come from the middle district, the federal court here in Tampa.
The miracle may be these actions taken by the United States Congress. But we believe Terri is a life worth living. We believe she should be protected under the law. And we are very pleased that these different courts and government officials are acting in reviewing this situation.
(END VIDEO CLIP)
LIN: Today, David Gibbs put into motion yet another motion, this time filed in a federal court in Tampa, basically requesting that the federal courts review the actions by the state of Florida. Once again, a tactic to try to delay the cutting off of that feeding tube. But their best hope is in this House subpoena which has not been received yet. We understand in one hour, at noon, U.S. marshals are expected to arrive here at Woodside Hospice. They will go in, they will serve both the doctors, the administrators. As well as, Rick, get this, Terri Schiavo herself will be subpoenaed directly by the U.S. marshals to make this appearance before Congress March 28.
SANCHEZ: This despite the fact that two lower courts have found her to be in a persistent -- quote here -- "persistent vegetative state?"
LIN: Yes. Because her parents have maintained all along that she is alive, she is breathing, she is sitting in a chair, listening to music.
Her mother is teaching her to say "I love you," that she has the cognitive abilities of a 6 to 11-month-old baby, that she is alive. That she has not been able to represent her case herself. She, herself, has not had an attorney. And therefore, they've been maintaining these arguments that her constitutional as well as religious rights have been violated.
So they're welcoming this opportunity. Rick, we still have to hear from the husband, who is the legal guardian of Terri Schiavo, and his attorney as to how they are expected to respond to the subpoena as well.
SANCHEZ: Good point. We haven't heard from Michael Schiavo. Carol Lin, thanks so much for bringing us up to date on that.
So that brings us to the question of the parents and their holding in this particular case. They're disputing, as you just heard Carol Lin say, some of what's been said about her being -- and the quote again is "persistent vegetative state."
Our John Zarrella had a chance to sit down and talk to them. Here's what they have to say.
(BEGIN VIDEOTAPE)
MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: Hi. It's mommy. Hi.
When I go in there to Terri, I say to her -- every single time I go there in there, "Terri" -- and I said this even when her feeding was removed -- I said, "Do not give up." I said, "Mom and daddy are working very, very hard to help you."
BOB SCHINDLER, TERRI SCHIAVO'S FATHER: It's hard for me to believe that they're trying to kill Terri because there's nothing wrong with her. There's no reason for her to die.
M. SCHINDLER: It just seems like every time we get so close, that the person that intervenes the most is god.
JOHN ZARRELLA, CNN CORRESPONDENT: You've never believed that she was in a persistent vegetative state, have you? M. SCHINDLER: Maybe it was Terri's wishes that she wouldn't want to be hooked up to all kinds of machines and stuff, but she's not. She's not hooked up to anything, and she's -- all she's doing -- all she has a little feed tube in her stomach.
B. SCHINDLER: She's perceived as being hooked up on all kinds of devices, that she's in a coma, she's a flat line, and there's nothing there, and it's quite the contrary.
M. SCHINDLER: It's OK. Mommy loves you!
I walked in and I said, "You going to wake up?" And she started to open her eyes, and I said, "Well, it's me. It's mommy." And her eyes got like saucers and she started laughing. And that's why I can see, when she does that, and when she starts trying to talk to me, you know, and I don't understand her, I can see those things on an MRI just flashing back and forth, knowing that she's got some cognitive level in her.
B. SCHINDLER: (UNINTELLIGIBLE) we used to have fun. Do you remember that?
ZARRELLA: The eventuality that you lose, you're prepared emotionally, religiously?
M. SCHINDLER: I know what could happen. And when the time comes...
B. SCHINDLER: Yes, I just won't go there.
M. SCHINDLER: Not right now. I'll face it then.
B. SCHINDLER: We'll cross that bridge when we get to it.
ZARRELLA: So you won't allow yourselves to even go there now?
M. SCHINDLER: Not right now.
B. SCHINDLER: Not yet. Why? That's like walking out of a ballpark in the fifth inning.
M. SCHINDLER: Nope.
B. SCHINDLER: The game's not over yet.
(END VIDEOTAPE)
SANCHEZ: There's obviously another side to this story. Let's try to bring it to you as best we can.
This involves Terri Schiavo's husband, Michael. He says 18 doctors have examined her over the years and that she has been to several different hospitals as well. He says that she even had a brain stimulator placed in her head but showed no progress. He says he's following her wishes by seeking to remove her feeding tube, something he says she had asked him to do. Well, Terri Schiavo has been at the center of this legal tug-of- war now for more than a decade. She suffered brain damage after she collapsed in her home in 1990. The in 1998, Michael Schiavo petitioned the court to remove his wife's feeding tube, saying that she never wanted to be kept alive artificially.
The feeding tube was removed April 24, 2001. Following an appeal, the circuit court ordered the tube be reinserted two days later.
In November of 2002, an appeals court ordered the tube removed again. It was disconnected for a second time in October of the following year. Within days, the Florida legislature stepped in and passed a Terri law, and the feeding tube was reinserted.
September of last year, the Florida Supreme Court ruled that Terri's Law was unconstitutional. And yesterday, the U.S. Supreme Court rejected another emergency appeal by Schiavo's parents to not remove the tube.
Wow.
For more on the long-running legal battle and what's likely to happen next, we go to someone who has been following it for oh so many years because he lives in the state of Florida and has been very close to this case. Kendall Coffey is joining us now.
And I guess the obvious question, Kendall, is how do you characterize this move in Congress to literally subpoena Terri Schiavo to appear before a commission?
KENDALL COFFEY, FMR. U.S. ATTORNEY: I don't think the word "extraordinary" is strong enough, Rick. Whatever one feels about the merits of this agonizing debate, she clearly cannot testify. And yet, I guess in sort of an ultimate desperation, that appears to be the only kind of legal process that anyone can come up with that might, in effect, slow things down for a few days. As we know...
SANCHEZ: How does it -- explain that to us, because does it override the decisions that have been reached by both the state Supreme Court in Florida and the U.S. Supreme Court?
COFFEY: Well, what it -- it may not, but here's what it does as a practical term. You're a medical professional in that hospice center, you have a subpoena which says, however strange, however unnatural you may think it is, that this person who appears to be in a persistent vegetative state is supposed to go to Washington next week.
Are you going to risk any sort of contempt of Congress or even being prosecuted for a federal misdemeanor crime for, in effect, obstructing a subpoena of Congress? I think the answer is going to be that this thing may, in effect, have the practical, if not the legal effect, of buying still more time for the parents of Terri Schiavo to pursue some other angles.
SANCHEZ: We were just presenting to our audience moments ago -- I think you heard it, Kendall -- really both sides of this case. And one side seems to be agreed upon by many courts, that she's in a persistent vegetative state.
Her parents and so many others are saying she's not. They're classifying her as disabled.
Is that going to be the heart of the argument here, or has that already been heard?
COFFEY: Well, that's the heart of the emotional and perhaps the moral debate. But, Rick, looking at it from a legal standpoint, the courts have heard all of the evidence many, many times.
So from a legal standpoint, she is determined to be in a persistent vegetative state. As we know, four different courts just this week, three levels of Florida, the U.S. Supreme court, have basically closed the door to having any of those arguments heard again or reconsidered again.
SANCHEZ: Let's ask -- I want to ask you one more question, Kendall. And this one has to do with a congressional body stepping in. I don't know if the word is "attempt" but I'm going to use it, and you correct me if I'm wrong, attempting to correct or perhaps clarify decisions or rulings that have been made by courts. How often do we see something like this, and what do you think of it?
COFFEY: Almost unheard of. And just as we've seen this agonizing personal debate between a husband and parents, a legal -- I mean, a political debate between right to life and death with dignity, we're seeing an evolving constitutional debate with the courts on one side of it saying this is the kind of personal individual case which the courts are to decide, the legislative branch is on the other.
And our history and our traditions say that courts don't tell presidents how to conduct war, Congress whether or not to raise taxes. And the legislature doesn't decide the life-and-death issues, the human rights inside of an individual court case.
SANCHEZ: Incredible debate. Interesting conversation. Our thanks as usual to Kendall Coffey in Miami with the palm trees swaying in the background there behind him.
I'm envious. I'll see you soon. Thank you, Kendall.
COFFEY: OK. Thank you, Rick.
SANCHEZ: All right. Let's try and catch you up now one of the doings (ph) here in Atlanta, Georgia.
We're going to show you some pictures now of a funeral procession. It's a sad day for many in Atlanta, a sad day for law enforcement as well. This is the procession of a deputy sheriff from Fulton County who lost his life last Friday in that courthouse shooting spree. We leave you with these pictures as we go to break.
(COMMERCIAL BREAK) SANCHEZ: Welcome back to CNN LIVE TODAY. I'm Rick Sanchez.
Now to the disappearance of the Florida girl, Jessica Lunsford, in Homasassa Springs. A person of interest, that's what they're calling him in this case, went before a Georgia judge today. The question in this case seems to be whether he's linked in any way to the disappearance of the little girl. That's what police and law enforcement officials are trying to find out.
Let's go to national correspondent Susan Candiotti. She's in Augusta, Georgia, to fill us in on how that interview and investigation has been going.
To you, Susan.
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Hi, Rick.
Well, CNN has learned that, after more than six hours of questioning over the course of two days, person of interest John Couey so far has not told investigators anything that I am told would significantly move the case forward in terms of trying to figure out what has happened to the missing 9-year-old Jessica Lunsford. However, law enforcement sources tell CNN that John Couey has not yet been cleared in the case. They are still talking with him.
However, earlier this morning, John Couey appeared here at the jail before a judge, very briefly, and he told the judge that he would be willing to return voluntarily to Florida to answer to probation charges. Here's what the sheriff had to say.
(BEGIN VIDEO CLIP)
SHERIFF RONNIE STRENGTH, RICHMOND COUNTY, GEORGIA: The extradition hearing for John Couey has been completed. He has signed a waiver of extradition and will be returned to Florida.
He will not be transported from this facility until we have contacted Florida authorities and made arrangements. Basically, what I'm telling you there, he will not be leaving here today.
(END VIDEO CLIP)
CANDIOTTI: Jessica Lunsford has been missing since last month, when she went missing from her home in Homosassa Springs, Florida. Couey is a convicted sex offender who was staying with relatives who live practically across the street from the Lunsford family.
Now, as they arrived this morning, investigators told me that Couey is continuing to cooperate. He is answering all of their questions. CNN's Sara Dorsey asked Jessica's grandmother what she thought about this latest information about Couey, and she told us in these words, "I was really kind of hoping it was him so we'd know something solid, but I really don't know."
Rick, back to you.
SANCHEZ: CNN's Susan Candiotti following the story for us. Thank you, Susan.
Here's another story we're going to be following, Robert Blake. He's a free man.
(BEGIN VIDEO CLIP)
ROBERT BLAKE, ACTOR: I was a rich man. I'm broke now. Now I got to go to work. But before that, I'm going to go out and do a little cowboying.
(END VIDEO CLIP)
SANCHEZ: Cowboying. Some of you may be wondering what he meant with some of the interesting things that he had to say, minus the cigarette, or even without it -- or with it, I should say. Jeanne Moos tries to put it all together for us. Robert Blake when we come back.
(COMMERCIAL BREAK)
(WEATHER REPORT)
SANCHEZ: Time for "Daily Dose" now, and we focus on money.
President Bush wants $300 million in the global fight against AIDS in 2006. But the Senate is practically tripling that amount to $800 million. Much of the money would go to the AIDS pandemic sweeping Africa. The U.N. forecast, a startling 83 million AIDS deaths in Africa by 2025.
The extra money for AIDS was among dozens of amendments the Senate took up as it passed the president's overall $2.6 trillion financial bluepint. A whole lot of zeroes.
(COMMERCIAL BREAK)
SANCHEZ: And we do have some important news for you. CNN has learned a House committee plans to subpoena Terri Schiavo to testify next week before Congress. Schiavo's family is hopeful the invalid woman will be able to make a trip from Florida to Washington. The subpoena could forestall removal of Schiavo's feeding tube, which is set to occur 90 minutes from now.
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