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Judge Rejects Ordering Reinsertion of Schiavo's Tube; Teen Gunman Kills 10

Aired March 22, 2005 - 10:00   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.


DARYN KAGAN, CNN ANCHOR: Boy, there are mornings and there are mornings, there is a lot of news happening today. Let's get started with a look at what's happening now in the news.
Just minutes ago, the parent so Terri Schiavo filed an appeal this morning to this morning's ruling, in which a federal judge refused to order her feeding tube reinserted. Medical experts have said the brain-damaged woman can live only about 7 to 14 days without nutrition. This is the beginning of the fifth day.

A news conference is scheduled next hour in the shooting spree that left nine people and the teenaged gunmen dead. Police in Red Lake, Minnesota said the teen first killed his grandparents in their home, then went to his high school and opened fire on classrooms. The violence erupted on the Chippewa Indian Reservation.

The man accused of abducting and killing 9-year-old Jessica Lunsford appeared in a Florida courtroom this morning. John Couey was formally read the charges of murder and kidnapping, and ordered held without bail. Police say Couey has confessed to the crime.

Authorities in Georgia have issued an Amber Alert for a man they say shot his girlfriend's father and then snatched two children, his 4-year-old daughter and 5-year-old stepson. It happened in Clayton County, south of Atlanta. Authorities believe Terence McDowell is driving a 1998 green KIA with the Georgia license plate ARL-5783.

Just within the last half hour, Secretary of State Condoleezza Rice welcomed Jordan's King Abdullah to the State Department. The Jordanian ruler has been a key ally and moderate voice in the Middle East.

Good morning. I'm Daryn Kagan. Rick Sanchez is off today.

The fight to keep Terri Schiavo alive gets even more difficult. Forty-five minutes ago, attorneys for Schiavo's parents filed an appeal with the federal appellate court in Atlanta. The move comes after a judge refused to order Schiavo's feeding tube reinserted.

We're going to begin our coverage with national correspondent Bob Franken. He is outside Schiavo's hospice in Pinellas Park, Florida -- Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And the difficulties when the federal court lawsuit that caused the judge to refuse to reconnect the tube are the same ones that are going to be faced at the circuit court level. And that is that in order for a federal judge to create such an emergency order, several standards have to be met. The one that's relevant here is a likelihood, in the view of the judge, a likelihood that the lawsuit would prevail.

He decided that the likelihood was against it prevailing. Therefore, decided not to issue the so-called temporary restraining order, which in spite of its name, would have resulted in the tube being reconnected. This of course, a bitter disappointment to the blood relatives of Terri Schiavo who have been fighting for years with her husband about whether the tube should be disconnected. And the reaction here, while they expect they'll be disappointed, as a matter of fact, there was some anger at the judge here.

(BEGIN VIDEOTAPE)

REV. PAT MAHONEY, CHRISTIAN DEFENSE COALITION: He shows a profound lack of respect for the disabled of America by denying Terri her constitutional and civil rights. I think what is even more troubling, look at the arrogance of this judge. House members flew from vacation to make a vote at midnight. The Senate left their vacation plans to vote. The president flew from Crawford, Texas to Washington. And this judge waits 24 hours to issue a ruling.

(END VIDEO CLIP)

FRANKEN: Well, he brings up the point, Daryn, that must be addressed. The feeding tube was disconnected on Friday at 1:45. Just about all the medical experts say that this has to be resolved well within two weeks, or else it will become in a very sad way moot.

KAGAN: Bob Franken from Pinellas Park, Florida. Thank you.

Let's cover this story as it moves north. A closer look at the appeal by Terri Schiavo's parents. It moves here to Atlanta.

Our Jason Bellini joins us live. He is on the phone outside the 11-Circuit Court of Appeals, just a couple blocks from here at CNN -- Jason.

JASON BELLINI, CNN CORRESPONDENT: Good morning, Daryn. Well, we just received the notice of appeal. It was filed at 9:15 with the 11- Circuit Court of Appeals. Now we're told by the court clerk that a three-judge panel is going to be looking at this today. Right now, the staff is feverishly reviewing this case that they've just received electronically this morning.

Now, what exactly they'll do with it, we're hoping to find out today. There are three possibilities. One, is that they could issue a temporary injunction requiring the feeding tube to be reinserted in Terri Schiavo. The other option is they don't hear it. In which case, this may be the end of the line for the case. The congressional act only required that the federal courts look at this case. And then the third option is that they actually decide to hear this case. The timetable for that, we're not sure of.

We're standing by outside the courthouse now to find out what the court's going to do now that it's received this notice of appeal -- Daryn.

KAGAN: All right. Jason Bellini in downtown Atlanta outside the 11-Circuit Court of Appeals.

The legal, ethical complexities of the Schiavo case will undoubtedly draw blistering scrutiny to that judge's decision.

To help us walk through the legal decision, at least the latest, we're joined by constitutional scholar Bruce Fein.

Bruce, good morning.

BRUCE FEIN, CONSTITUTIONAL SCHOLAR: Thank you.

KAGAN: I want to go right to your constitutional expertise and get to the constitutional questions here. What do you think is the key constitutional question in this decision?

FEIN: Well, whether or not there's any congressional authority to intervene or disturb a state court judgment that's been reviewed now by 20 other courts, after full and fair ventilating of all the arguments in favor or against what Terri Schiavo's wishes would have been, if she was in a persistent vegetative state. And now, to disturb a decision made by courts of law without trampling on the independence of the judiciary.

KAGAN: That is Michael Schiavo's argument that the due process and that decision should happen in state courts. But the Schindler family argues that this latest congressional act should tell the judge in this case, don't worry yourself about those earlier state court rulings, this supersedes that.

FEIN: Yes. And that's exactly what the Constitution forbids in separation of powers. The Founding Fathers were very worried and disappointed at colonial period legislatures that sought to disturb or insist upon new trials, because they disagreed with what the state courts or federal courts did. And that's exactly why we have a separation of powers.

Members of Congress did not read the record. Members of Congress did not read the law. And to have them intervene, and say we think the judge got it wrong as legislators simply is an overstepping of legislative bounds.

KAGAN: All right. Bruce, I want to ask you about this decision that came out this morning. And the judge specifically focused on the restraining order. And that would be to put the feeding tube back while the lawsuit is decided.

The judge denied that on the premise that the Schindler family does not have a substantial likelihood that they're going to win the lawsuit. But what kind of reasoning is that in order to put the tube back or not put it back?

FEIN: Well, the customary rule is that unless there's a very high likelihood that a particular party here, a plaintiff, is likely to win that the status quo, or the decision in state court should remain undisturbed. And therefore, the court is concludes that the likelihood of a legal win is so remote that it does not justify disturbing the status quo and effectuating the state court judgment.

That will be the same standard that will be employed by the 11- Circuit. And I think, in fact, it's a judgment that to all intents and purposes is against the Schiavo parents and the congressional statute.

KAGAN: And what can you tell us about this 11-Circuit Court of Appeals?

FEIN: Well, the 11-Circuit doesn't have a reputation for being very much on the liberal side, like the 9-Circuit headquartered in California, or on the very conservative side, like the 4-Circuit often called the Rocket Docket. And so it's got quite a diversity of jurists here.

They handle the very controversial -- I mean Gonzalez case that also awakened great passions amongst both liberals and conservatives, and came down in favor ultimately of restoring Elian Gonzalez to his father in Cuba. I would think it very unlikely that this panel would disturb what the district court judge did in this case.

And remember, it is not the first time. Just in March 18, just a few days ago, Judge Moody, a colleague of Judge Whittemore also denied the relief requested by the parents of Terri Schiavo. Because again, it was an effort for the legislature to try to disturb a final judicial judgment.

KAGAN: Bruce Fein. Bruce, great to get you on and get your legal expertise on this matter.

FEIN: Thank you.

KAGAN: What about what you're thinking about this at home? A new poll showing that most Americans support the removal of Terri Schiavo's feeding tube, that's according to a weekend CNN/"USA Today"/Gallup poll. Fifty-six percent are in favor of the tube's removal, 31 percent oppose it. and 13 percent say they are unsure.

The Schiavo case tests two cornerstones of American beliefs: that you have just is blind and science is unimpeachable. But in this case, there are very few things that are cut and dry. Each side is interpreting facts in their own way.

Our senior medical correspondent Dr. Sanjay Gupta looks at the different views from experts in the case. This by the way is a story you'll see only here on CNN.

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT (voice-over): In a medical case as high profile as Terri Schiavo, you would think the medical experts would have all the answers? But just by listening to them and reviewing statements they gave to the court, it is easy to see why a final answer is so complicated.

DR. WILLIAM HAMMESFAHR, NEUROLOGIST FOR PARENTS: I spent about 10 hours across about three months. And the woman is very aware of her surroundings. She's very aware. She's alert. She's not in coma. She's not in PVS.

GUPTA: PVS, persistent vegetative state. Dr. Hammesfahr was chosen by Terri Schiavo's parents to testify in court. His opinion very different from Dr. Ronald Cranford, chosen by Michael Schiavo, Terri's husband.

DR. RONALD CRANFORD, NEUROLOGIST FOR HUSBAND: The vegetative state is a scary diagnosis unless you know what you're looking for. Looks like the patient is interacting, but Terri is not interacting.

GUPTA: Both of them are neurologists. And their conclusions are based on diagnostic tests that are supposed to be objective, yet they tell different tales.

HAMMESFAHR: Her CT scan is maybe 75 percent of the brain tissue is still left.

CRANFORD: I've seen her. There's no doubt in my mind whatsoever she's in a permanent vegetative state. Her CAT scan shows extremely severe atrophy to the brain. And her EEG is flat. It doesn't show any electrical activity at all.

GUPTA: And most importantly, their opinions about a possible recovery?

HAMMESFAHR: With proper therapy, she will have a tremendous improvement. I think personally she'll be able to walk eventually and she'll be able to use at least one of her arms.

CRANFORD: There's no way. That's totally bogus.

GUPTA: Five doctors gave their medical opinions in an evidentiary hearing ordered by a Florida appellate court. Two doctors chosen by each side, and one court appointed neurologist who was chosen by the judge. He declined a CNN interview, but told the court, "The preponderance of the data and my clinical examination reveal no evidence of awareness of self, environment or ability to interact with others.

Mrs. Schiavo exhibits no evidence of language comprehension or expression. I would state that her chances of a meaningful neurological recovery to be virtually nonexistent."

And his language leaves little room for doubt, unless you ask yet another neurologist. And so a medical choice normally decided between doctors and a patient's loved ones is fought out in the courts.

Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE) KAGAN: As the story continues to develop in a very fluid way, we're getting reaction to the judge's decision this morning, not to order the reinstatement of the feeding tube to Terri Schiavo. This comes from Senate majority leader Bill Frist. He says in his statement, quote, "I am deeply disappointed by today's court decision that denies Terri Schiavo another chance to live. It is a sad day for all Americans who value the sanctity of life. I'm hopeful for a different result on appeal."

And of course, that appeal has moved on to the 11-Circuit Court of Appeals. As we get more reaction, we'll bring those to you.

Also still to come on CNN LIVE TODAY, Terri and Michael Schiavo the love story that took place before the tragedy.

(BEGIN VIDEO CLIP)

MICHAEL SCHIAVO, TERRY SCHIAVO'S HUSBAND: We wanted kids. And that's what we were trying to have when all this occurred. She loved kids. We wanted to have a house full.

(END VIDEO CLIP)

KAGAN: Coming up, Michael Schiavo looks back at the fairy tale that ended too soon.

And convicted sex offender John Couey faces a list of new charges, including murder. We'll have details.

Plus, another school rampage.

(COMMERCIAL BREAK)

KAGAN: Authorities in northern Minnesota trying to determine a motive for the worst school shooting since Columbine. A student is being blamed for killing seven at the school before turning the gun on himself.

Our Keith Oppenheim is in Red Lake, Minnesota with more -- Keith.

KEITH OPPENHEIM, CNN CORRESPONDENT: Hi, Daryn. I'm at a detention center at the Red Lake Indian Reservation, about a mile away from the high school where some of the killings took place.

And what the FBI is telling us is that yesterday the teenage gunman goes to his grandparents' home on the reservation. He shoots and he kills them. And then he goes to the Red Lake Senior High School where he then kills seven others, including a teacher, a security guard as well as five students. And ultimately he takes the gun on himself and he shoots and kills himself.

Local media outlets have identified the gunman as Jeff Weiss. Here now from a mother of one of the injured who describes what some of the wounded students were going through.

(BEGIN VIDEO CLIP) LEEANN THUNDER, VICTIM'S MOTHER: This one kid came up to me and told me that he saw a little bit about what happened. And that a kid that was lying next to my son looked over and saw that his eye was out of his socket. He tried to put it back in and hold his hand over his eye. And I don't know who that kid was. But I have yet to find out. Otherwise, I don't really know anything. Just that there was a shooting up there. And it was pretty tragic.

(END VIDEO CLIP)

OPPENHEIM: Some tough details you just heard there.

The "St. Paul Pioneer Press" is reporting some other details about Jeff Weiss, including that his father committed suicide four years ago and that his mother is in a nursing home in Minneapolis, due to injuries that she suffered from a car accident.

The paper also reported that gunman would write on the Internet saying he was an admirer of Adolf Hitler. And also that he sometimes used the name Tautus Angle, which means angel of death. The FBI is only saying that he acted alone.

Here on this reservation, this home to about 5,000 members of the Chippewa Tribe. Daryn, I think it is putting it mildly to say that folks here are in quite a state of shock today about what happened yesterday.

Back to you.

KAGAN: Understandably. Any idea where the students could have gotten his hands on these kinds of weapons?

OPPENHEIM: Well, according to one of the local media outlets, a firefighter here says that the man in question -- or rather the firefighter says that the gunman that his father -- his grandfather, rather, worked for the local police department. And from that local police department, the report goes, that he was able to get his hands on police-issued weapons. That still has to be confirmed by investigators.

KAGAN: All right. Keith Oppenheim live from Red Lake Minnesota.

The Governor of Minnesota Tim Pawlenty, releasing a statement about the shootings. He says, "With profound sorrow the first lady and I extend our heartfelt prayers and condolences to the families who lost loved ones in this senseless tragedy. We ask Minnesotans to help comfort the families and friends of the victims who are suffering with unimaginable pain by extending prayers and expressions of support."

We hope to learn a lot more about this attack. There's a news conference on the wounded in the shooting that is coming up in the next hour. A hospital news conference has been scheduled for 11:30 a.m. Eastern. You'll see that live here on CNN.

Still to come on CNN LIVE TODAY, he faces a laundry list of charges. Convicted sex offender John Couey has a day in court. We'll go live to Florida for the latest.

First though, sightings of tornadoes in the Midwest. We'll take you there.

Plus a check of your morning's forecast.

(COMMERCIAL BREAK)

(WEATHER REPORT)

KAGAN: He says it was love at first sight. Still to come, Michael Schiavo takes a trip down Memory Lane, sharing memories of his life with his wife Terri.

Plus, too close for comfort; people in one community unhappy with a sex offender living near their neighborhood school. They take action.

(COMMERCIAL BREAK)

KAGAN: We're coming up on the half hour. I'm Daryn Kagan. Here is what's happening now in the news.

Attorneys for Terri Schiavo's parents are fighting to get her feeding tube reinserted. A little over an hour ago, those attorneys filed an appeal with the 11-Circuit Court in Atlanta. Earlier this morning, a federal judge in Tampa ruled against reinserting the tube.

We should know more in the next hour about those wounded in a school-shooting rampage. Hospital officials plan to give a news conference about the shootings on a northern Minnesota Indian reservation. Police say that a student gunman killed his grandparents, then went to the high school. Killed seven more people before killing himself.

An Amber Alert has been issued for Georgia for a man suspected of kidnapping two children. This is the license plate that police are looking for. The man believed to be driving a 1998 green KIA. The license plate: ARL-5783. Authorities say that Terrence McDowell shot his girlfriend's father. McDowell then allegedly kidnapped his 4- year-old daughter and 5-year-old, who is believed to be his stepson.

About an hour from now, President Bush will push his plan for Social Security reform. The president will speak in Albuquerque, New Mexico. Mr. Bush is trying to reassure older Americans his plans won't affect their checks. Senator John McCain will join the president. McCain yesterday blasted Democrats for criticizing the president's proposal without offering an alternative.

And Monaco's Prince Ranier has been moved into a hospital's intensive care unit. The 81-year-old Ranier entered the hospital two weeks ago with a chest infection. He's suffered from poor health in recent years. His movie star wife, Grace Kelly, died from a car crash in 1982.

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


Aired March 22, 2005 - 10:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Boy, there are mornings and there are mornings, there is a lot of news happening today. Let's get started with a look at what's happening now in the news.
Just minutes ago, the parent so Terri Schiavo filed an appeal this morning to this morning's ruling, in which a federal judge refused to order her feeding tube reinserted. Medical experts have said the brain-damaged woman can live only about 7 to 14 days without nutrition. This is the beginning of the fifth day.

A news conference is scheduled next hour in the shooting spree that left nine people and the teenaged gunmen dead. Police in Red Lake, Minnesota said the teen first killed his grandparents in their home, then went to his high school and opened fire on classrooms. The violence erupted on the Chippewa Indian Reservation.

The man accused of abducting and killing 9-year-old Jessica Lunsford appeared in a Florida courtroom this morning. John Couey was formally read the charges of murder and kidnapping, and ordered held without bail. Police say Couey has confessed to the crime.

Authorities in Georgia have issued an Amber Alert for a man they say shot his girlfriend's father and then snatched two children, his 4-year-old daughter and 5-year-old stepson. It happened in Clayton County, south of Atlanta. Authorities believe Terence McDowell is driving a 1998 green KIA with the Georgia license plate ARL-5783.

Just within the last half hour, Secretary of State Condoleezza Rice welcomed Jordan's King Abdullah to the State Department. The Jordanian ruler has been a key ally and moderate voice in the Middle East.

Good morning. I'm Daryn Kagan. Rick Sanchez is off today.

The fight to keep Terri Schiavo alive gets even more difficult. Forty-five minutes ago, attorneys for Schiavo's parents filed an appeal with the federal appellate court in Atlanta. The move comes after a judge refused to order Schiavo's feeding tube reinserted.

We're going to begin our coverage with national correspondent Bob Franken. He is outside Schiavo's hospice in Pinellas Park, Florida -- Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And the difficulties when the federal court lawsuit that caused the judge to refuse to reconnect the tube are the same ones that are going to be faced at the circuit court level. And that is that in order for a federal judge to create such an emergency order, several standards have to be met. The one that's relevant here is a likelihood, in the view of the judge, a likelihood that the lawsuit would prevail.

He decided that the likelihood was against it prevailing. Therefore, decided not to issue the so-called temporary restraining order, which in spite of its name, would have resulted in the tube being reconnected. This of course, a bitter disappointment to the blood relatives of Terri Schiavo who have been fighting for years with her husband about whether the tube should be disconnected. And the reaction here, while they expect they'll be disappointed, as a matter of fact, there was some anger at the judge here.

(BEGIN VIDEOTAPE)

REV. PAT MAHONEY, CHRISTIAN DEFENSE COALITION: He shows a profound lack of respect for the disabled of America by denying Terri her constitutional and civil rights. I think what is even more troubling, look at the arrogance of this judge. House members flew from vacation to make a vote at midnight. The Senate left their vacation plans to vote. The president flew from Crawford, Texas to Washington. And this judge waits 24 hours to issue a ruling.

(END VIDEO CLIP)

FRANKEN: Well, he brings up the point, Daryn, that must be addressed. The feeding tube was disconnected on Friday at 1:45. Just about all the medical experts say that this has to be resolved well within two weeks, or else it will become in a very sad way moot.

KAGAN: Bob Franken from Pinellas Park, Florida. Thank you.

Let's cover this story as it moves north. A closer look at the appeal by Terri Schiavo's parents. It moves here to Atlanta.

Our Jason Bellini joins us live. He is on the phone outside the 11-Circuit Court of Appeals, just a couple blocks from here at CNN -- Jason.

JASON BELLINI, CNN CORRESPONDENT: Good morning, Daryn. Well, we just received the notice of appeal. It was filed at 9:15 with the 11- Circuit Court of Appeals. Now we're told by the court clerk that a three-judge panel is going to be looking at this today. Right now, the staff is feverishly reviewing this case that they've just received electronically this morning.

Now, what exactly they'll do with it, we're hoping to find out today. There are three possibilities. One, is that they could issue a temporary injunction requiring the feeding tube to be reinserted in Terri Schiavo. The other option is they don't hear it. In which case, this may be the end of the line for the case. The congressional act only required that the federal courts look at this case. And then the third option is that they actually decide to hear this case. The timetable for that, we're not sure of.

We're standing by outside the courthouse now to find out what the court's going to do now that it's received this notice of appeal -- Daryn.

KAGAN: All right. Jason Bellini in downtown Atlanta outside the 11-Circuit Court of Appeals.

The legal, ethical complexities of the Schiavo case will undoubtedly draw blistering scrutiny to that judge's decision.

To help us walk through the legal decision, at least the latest, we're joined by constitutional scholar Bruce Fein.

Bruce, good morning.

BRUCE FEIN, CONSTITUTIONAL SCHOLAR: Thank you.

KAGAN: I want to go right to your constitutional expertise and get to the constitutional questions here. What do you think is the key constitutional question in this decision?

FEIN: Well, whether or not there's any congressional authority to intervene or disturb a state court judgment that's been reviewed now by 20 other courts, after full and fair ventilating of all the arguments in favor or against what Terri Schiavo's wishes would have been, if she was in a persistent vegetative state. And now, to disturb a decision made by courts of law without trampling on the independence of the judiciary.

KAGAN: That is Michael Schiavo's argument that the due process and that decision should happen in state courts. But the Schindler family argues that this latest congressional act should tell the judge in this case, don't worry yourself about those earlier state court rulings, this supersedes that.

FEIN: Yes. And that's exactly what the Constitution forbids in separation of powers. The Founding Fathers were very worried and disappointed at colonial period legislatures that sought to disturb or insist upon new trials, because they disagreed with what the state courts or federal courts did. And that's exactly why we have a separation of powers.

Members of Congress did not read the record. Members of Congress did not read the law. And to have them intervene, and say we think the judge got it wrong as legislators simply is an overstepping of legislative bounds.

KAGAN: All right. Bruce, I want to ask you about this decision that came out this morning. And the judge specifically focused on the restraining order. And that would be to put the feeding tube back while the lawsuit is decided.

The judge denied that on the premise that the Schindler family does not have a substantial likelihood that they're going to win the lawsuit. But what kind of reasoning is that in order to put the tube back or not put it back?

FEIN: Well, the customary rule is that unless there's a very high likelihood that a particular party here, a plaintiff, is likely to win that the status quo, or the decision in state court should remain undisturbed. And therefore, the court is concludes that the likelihood of a legal win is so remote that it does not justify disturbing the status quo and effectuating the state court judgment.

That will be the same standard that will be employed by the 11- Circuit. And I think, in fact, it's a judgment that to all intents and purposes is against the Schiavo parents and the congressional statute.

KAGAN: And what can you tell us about this 11-Circuit Court of Appeals?

FEIN: Well, the 11-Circuit doesn't have a reputation for being very much on the liberal side, like the 9-Circuit headquartered in California, or on the very conservative side, like the 4-Circuit often called the Rocket Docket. And so it's got quite a diversity of jurists here.

They handle the very controversial -- I mean Gonzalez case that also awakened great passions amongst both liberals and conservatives, and came down in favor ultimately of restoring Elian Gonzalez to his father in Cuba. I would think it very unlikely that this panel would disturb what the district court judge did in this case.

And remember, it is not the first time. Just in March 18, just a few days ago, Judge Moody, a colleague of Judge Whittemore also denied the relief requested by the parents of Terri Schiavo. Because again, it was an effort for the legislature to try to disturb a final judicial judgment.

KAGAN: Bruce Fein. Bruce, great to get you on and get your legal expertise on this matter.

FEIN: Thank you.

KAGAN: What about what you're thinking about this at home? A new poll showing that most Americans support the removal of Terri Schiavo's feeding tube, that's according to a weekend CNN/"USA Today"/Gallup poll. Fifty-six percent are in favor of the tube's removal, 31 percent oppose it. and 13 percent say they are unsure.

The Schiavo case tests two cornerstones of American beliefs: that you have just is blind and science is unimpeachable. But in this case, there are very few things that are cut and dry. Each side is interpreting facts in their own way.

Our senior medical correspondent Dr. Sanjay Gupta looks at the different views from experts in the case. This by the way is a story you'll see only here on CNN.

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT (voice-over): In a medical case as high profile as Terri Schiavo, you would think the medical experts would have all the answers? But just by listening to them and reviewing statements they gave to the court, it is easy to see why a final answer is so complicated.

DR. WILLIAM HAMMESFAHR, NEUROLOGIST FOR PARENTS: I spent about 10 hours across about three months. And the woman is very aware of her surroundings. She's very aware. She's alert. She's not in coma. She's not in PVS.

GUPTA: PVS, persistent vegetative state. Dr. Hammesfahr was chosen by Terri Schiavo's parents to testify in court. His opinion very different from Dr. Ronald Cranford, chosen by Michael Schiavo, Terri's husband.

DR. RONALD CRANFORD, NEUROLOGIST FOR HUSBAND: The vegetative state is a scary diagnosis unless you know what you're looking for. Looks like the patient is interacting, but Terri is not interacting.

GUPTA: Both of them are neurologists. And their conclusions are based on diagnostic tests that are supposed to be objective, yet they tell different tales.

HAMMESFAHR: Her CT scan is maybe 75 percent of the brain tissue is still left.

CRANFORD: I've seen her. There's no doubt in my mind whatsoever she's in a permanent vegetative state. Her CAT scan shows extremely severe atrophy to the brain. And her EEG is flat. It doesn't show any electrical activity at all.

GUPTA: And most importantly, their opinions about a possible recovery?

HAMMESFAHR: With proper therapy, she will have a tremendous improvement. I think personally she'll be able to walk eventually and she'll be able to use at least one of her arms.

CRANFORD: There's no way. That's totally bogus.

GUPTA: Five doctors gave their medical opinions in an evidentiary hearing ordered by a Florida appellate court. Two doctors chosen by each side, and one court appointed neurologist who was chosen by the judge. He declined a CNN interview, but told the court, "The preponderance of the data and my clinical examination reveal no evidence of awareness of self, environment or ability to interact with others.

Mrs. Schiavo exhibits no evidence of language comprehension or expression. I would state that her chances of a meaningful neurological recovery to be virtually nonexistent."

And his language leaves little room for doubt, unless you ask yet another neurologist. And so a medical choice normally decided between doctors and a patient's loved ones is fought out in the courts.

Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE) KAGAN: As the story continues to develop in a very fluid way, we're getting reaction to the judge's decision this morning, not to order the reinstatement of the feeding tube to Terri Schiavo. This comes from Senate majority leader Bill Frist. He says in his statement, quote, "I am deeply disappointed by today's court decision that denies Terri Schiavo another chance to live. It is a sad day for all Americans who value the sanctity of life. I'm hopeful for a different result on appeal."

And of course, that appeal has moved on to the 11-Circuit Court of Appeals. As we get more reaction, we'll bring those to you.

Also still to come on CNN LIVE TODAY, Terri and Michael Schiavo the love story that took place before the tragedy.

(BEGIN VIDEO CLIP)

MICHAEL SCHIAVO, TERRY SCHIAVO'S HUSBAND: We wanted kids. And that's what we were trying to have when all this occurred. She loved kids. We wanted to have a house full.

(END VIDEO CLIP)

KAGAN: Coming up, Michael Schiavo looks back at the fairy tale that ended too soon.

And convicted sex offender John Couey faces a list of new charges, including murder. We'll have details.

Plus, another school rampage.

(COMMERCIAL BREAK)

KAGAN: Authorities in northern Minnesota trying to determine a motive for the worst school shooting since Columbine. A student is being blamed for killing seven at the school before turning the gun on himself.

Our Keith Oppenheim is in Red Lake, Minnesota with more -- Keith.

KEITH OPPENHEIM, CNN CORRESPONDENT: Hi, Daryn. I'm at a detention center at the Red Lake Indian Reservation, about a mile away from the high school where some of the killings took place.

And what the FBI is telling us is that yesterday the teenage gunman goes to his grandparents' home on the reservation. He shoots and he kills them. And then he goes to the Red Lake Senior High School where he then kills seven others, including a teacher, a security guard as well as five students. And ultimately he takes the gun on himself and he shoots and kills himself.

Local media outlets have identified the gunman as Jeff Weiss. Here now from a mother of one of the injured who describes what some of the wounded students were going through.

(BEGIN VIDEO CLIP) LEEANN THUNDER, VICTIM'S MOTHER: This one kid came up to me and told me that he saw a little bit about what happened. And that a kid that was lying next to my son looked over and saw that his eye was out of his socket. He tried to put it back in and hold his hand over his eye. And I don't know who that kid was. But I have yet to find out. Otherwise, I don't really know anything. Just that there was a shooting up there. And it was pretty tragic.

(END VIDEO CLIP)

OPPENHEIM: Some tough details you just heard there.

The "St. Paul Pioneer Press" is reporting some other details about Jeff Weiss, including that his father committed suicide four years ago and that his mother is in a nursing home in Minneapolis, due to injuries that she suffered from a car accident.

The paper also reported that gunman would write on the Internet saying he was an admirer of Adolf Hitler. And also that he sometimes used the name Tautus Angle, which means angel of death. The FBI is only saying that he acted alone.

Here on this reservation, this home to about 5,000 members of the Chippewa Tribe. Daryn, I think it is putting it mildly to say that folks here are in quite a state of shock today about what happened yesterday.

Back to you.

KAGAN: Understandably. Any idea where the students could have gotten his hands on these kinds of weapons?

OPPENHEIM: Well, according to one of the local media outlets, a firefighter here says that the man in question -- or rather the firefighter says that the gunman that his father -- his grandfather, rather, worked for the local police department. And from that local police department, the report goes, that he was able to get his hands on police-issued weapons. That still has to be confirmed by investigators.

KAGAN: All right. Keith Oppenheim live from Red Lake Minnesota.

The Governor of Minnesota Tim Pawlenty, releasing a statement about the shootings. He says, "With profound sorrow the first lady and I extend our heartfelt prayers and condolences to the families who lost loved ones in this senseless tragedy. We ask Minnesotans to help comfort the families and friends of the victims who are suffering with unimaginable pain by extending prayers and expressions of support."

We hope to learn a lot more about this attack. There's a news conference on the wounded in the shooting that is coming up in the next hour. A hospital news conference has been scheduled for 11:30 a.m. Eastern. You'll see that live here on CNN.

Still to come on CNN LIVE TODAY, he faces a laundry list of charges. Convicted sex offender John Couey has a day in court. We'll go live to Florida for the latest.

First though, sightings of tornadoes in the Midwest. We'll take you there.

Plus a check of your morning's forecast.

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(WEATHER REPORT)

KAGAN: He says it was love at first sight. Still to come, Michael Schiavo takes a trip down Memory Lane, sharing memories of his life with his wife Terri.

Plus, too close for comfort; people in one community unhappy with a sex offender living near their neighborhood school. They take action.

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KAGAN: We're coming up on the half hour. I'm Daryn Kagan. Here is what's happening now in the news.

Attorneys for Terri Schiavo's parents are fighting to get her feeding tube reinserted. A little over an hour ago, those attorneys filed an appeal with the 11-Circuit Court in Atlanta. Earlier this morning, a federal judge in Tampa ruled against reinserting the tube.

We should know more in the next hour about those wounded in a school-shooting rampage. Hospital officials plan to give a news conference about the shootings on a northern Minnesota Indian reservation. Police say that a student gunman killed his grandparents, then went to the high school. Killed seven more people before killing himself.

An Amber Alert has been issued for Georgia for a man suspected of kidnapping two children. This is the license plate that police are looking for. The man believed to be driving a 1998 green KIA. The license plate: ARL-5783. Authorities say that Terrence McDowell shot his girlfriend's father. McDowell then allegedly kidnapped his 4- year-old daughter and 5-year-old, who is believed to be his stepson.

About an hour from now, President Bush will push his plan for Social Security reform. The president will speak in Albuquerque, New Mexico. Mr. Bush is trying to reassure older Americans his plans won't affect their checks. Senator John McCain will join the president. McCain yesterday blasted Democrats for criticizing the president's proposal without offering an alternative.

And Monaco's Prince Ranier has been moved into a hospital's intensive care unit. The 81-year-old Ranier entered the hospital two weeks ago with a chest infection. He's suffered from poor health in recent years. His movie star wife, Grace Kelly, died from a car crash in 1982.

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