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Schiavo's Feeding Tube Reinsertion Denied Again

Aired March 23, 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 CO-ANCHOR: We have a lot going on, on this Wednesday morning. Let's start by looking at what's happening now in the news.
Terri Schiavo's parents are expected to appeal a ruling that refuses to order reinsertion of her feeding tube. A three-judge panel from an Atlanta federal court of appeals issued that ruling nearly eight hours ago. The parents' attorneys might ask the full 11th Circuit Court to review the case or make an appeal to the U.S. Supreme Court.

In Tallahassee, Schiavo's brother is lobbying Florida lawmakers. He is hoping they might approve a bill to get the tube reinserted.

From a window overlooking St. Peter's Square, the curtains parted to reveal Pope John Paul II. The Holy Father blessed thousands of faithful today. He did not speak. The Vatican previously had canceled his normal Wednesday audience. The pope's Holy Week appearances have been scaled back due to his recent illness.

In Lebanon, an early morning explosion brought down the roof of a shopping mall. Reports say three people were killed and four others injured in the Christian area north of Beirut. An opposition group accuses the Syrian-backed Lebanese government of trying to terrorize people.

And Iraqi forces have captured an insurgent base of operation that's northwest of Baghdad. As many as 120 rebels were in the camp. U.S. military officials say an unknown number were killed. The others retreated after a two-hour battle. A U.S. official says the remote location of the camp indicates insurgents have been pushed out of major population areas.

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

Six days two court rulings and countless tears, the latest for you on Terri Schiavo. Hours before dawn, yet another glimmer of home faded for the parents and siblings of Terri Schiavo. A federal appeals court denied the family's emergency request to have her feeding tube reinserted. But Bob and Mary Schindler vow to fight for another appeal today, this time in the U.S. Supreme Court.

Joe Johns is at the nation's highest court. Bob Franken is outside Terri Schiavo's hospice. Tony Harris is here in Atlanta where the latest ruling was issued.

Tony, since this was the latest development, we're going to start with you.

TONY HARRIS, CNN CORRESPONDENT: OK, Daryn. Good morning to you. Well, the decision came down from the United States Court of Appeals for the 11th Circuit here at this building, right behind me at about 2:30 this morning. And in it 32 pages, it lays out the decision to deny the temporary restraining order that would have done two things, Daryn. First of all, restore the feeding tube immediately to Terri Schiavo. And it is the feeding tube that's been supplying the nutrients, the liquids that kept her alive since 1990. The second thing it would have done is it set in motion a new look at the case, a brand new look -- a retrial, a new trial if you like -- that looked at the merits of the case.

So, what we have is a situation right now where we are looking at a couple of ideas here, a couple of things here now. As you know, the disabled community has been here starting yesterday. And they have made it clear that they support not only Terri Schiavo but also the position that's being held up here by Bob and Mary Schindler. They are back here this morning to make it clear that they are disappointed in the court's ruling.

And what I did, I was able to grab a couple placards they have been holding up to make their opinion on this whole situation clear. I don't know if you can make it out but I'll read it to you. "What crime did Terri commit?" "Her disability sentenced death." And, "Terri never asked to be starved."

So where do we go from here? As you mentioned, the United States Supreme Court will obviously take a look at this case. We don't know if they will take it up with the full body. But also, the family is looking for some kind of remedy from the Florida state legislature.

A little bit earlier on "AMERICAN MORNING," Harvard Law Professor Alan Dershowitz weighed in on some of the options available to the Florida state legislature.

(BEGIN VIDEO CLIP)

ALAN DERSHOWITZ, LAW PROFESSOR, HARVARD UNIV.: This is a state case. And states have enormous power and they could pass a statute to presumably keep her alive. And then it would have to go back into the state courts to decide whether that statute is constitutional under Florida law. And the courts generally have sided with the husband in this case. And the legislature conceivably could side with the parents.

(END VIDEO CLIP)

HARRIS: So we are watching this on two fronts. Obviously, the United States Supreme Court and also, Tallahassee, Florida where the Florida state legislature will have an opportunity to provide, if it chooses to, some kind of remedy for the Schindler family.

Daryn, back to you.

Tony Harris in downtown Atlanta. KAGAN: Let's talk about the Supreme Court. Is that indeed the next test for Terri Schiavo? The nation's top bench has previously declined three times to consider this case.

Our Joe Johns is outside the U.S. Supreme Court with the latest.

Joe, good morning.

JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: Good morning. Well, they certainly could come here to the Supreme Court, if the family has decided they have exhausted all of their appeals in Atlanta. Justice Anthony Kennedy would be the point person here if he follows past practice. In all likelihood, he would bump the decision up to the full Court. Of course, that would be very likely to happen pretty quickly here at the Supreme Court.

A lot of people out there may really wonder why it is that you can't get a different outcome, given the fact that the United States Congress passed a law over the weekend. The fact of the matter is that that law gave a lot of discretion to the judiciary on how to handle the case. It opened the door for a new look at the case, but did not order an outcome.

So many questions here as to what the Supreme Court will do and when, presuming the case comes here sometime today. There's also that question, of course, in Tallahassee what the legislature might do. That could kick off a whole new round of litigation.

Daryn, back to you.

KAGAN: All right. Thank you. Joe Johns at the Supreme Court.

Terri Schiavo now entering her sixth day without a feeding tube. The Schindlers have said their daughter is what they say, "fading fast." Her health and legal limbo are among the buzz with the crowd gathered outside her hospice in Florida.

Also, our Bob Franken is there. He joins us from Pinellas Park, Florida.

Bob, hello.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Hello, Daryn. And what you get a sense of from the family -- in fact, more than a sense -- is a feeling of futility as they try and go through the judicial system. Their hopes have been so high just a couple days ago after Congress had taken its action. But now again they're beginning to see nothing but disappointment. And as it gets to the last stages, when it gets to the Supreme Court, a feeling they might not succeed there.

Also, the state legislature action is something that has been very frustrating to them. So they started to focus again on Governor Jeb Bush, saying that ultimately they may have to demand from him executive action.

What they got today was a statement from Governor Bush speaking of the appellate court rejection saying, "I could not be more disappointed in the decision announced this morning. Terri has been without sustenance for almost five days now. Time is of the essence. And I hope all who have the ability and duty to act in this case will do so with a sense of urgency." We're quoting from Governor Bush. Going on, Governor Bush, "Terri Schiavo, like all Americans, deserves our protection and respect. I will continue to call on the Florida legislature to pass legislation to honor patients decisions about end of life care, protect all vulnerable Floridians and spare Terri's life."

Now, a spokesman for the family was informed of the statement, which did not say the governor would take direct action. And here was his response.

(BEGIN VIDEO CLIP)

REV. PATRICK MAHONEY, DIR., CHRISTIAN DEFENSE COALITION: I would say that Governor Jeb Bush, this is our sense. So I'm saying our sense here, OK? This is no private conversations with Governor Bush. And we've had many. I would sense that Governor Bush will wait until every option is pursued and then we will see what happens.

And then once and if -- and we hope it doesn't come to this -- if the Supreme Court fails, the Florida legislature fails, we will then go to Governor Bush again.

(END VIDEO CLIP)

FRANKEN: And there is a growing concern, Daryn , among family members that the other institutions that he mentioned might, in their perspective fail. And that the spotlight, the very harsh spotlight may once again fall on Governor Jeb Bush.

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

Let's look at the court of public opinion. It has not been kind to President Bush and his intervention in the Schiavo case. The latest CNN/"USA Today"/Gallup poll, half of Americans disapprove of President Bush's handling of the case. Just under a third do approve. And 17 percent say they are unsure.

Our next guest is a congressman who supported the Terri Schiavo legislation that President Bush signed into law. He also is a medical doctor. Representative Dave Weldon joins us now from our New York bureau.

Doctor and Congressman, good morning.

REP. DAVE WELDON (R), FLORIDA: Good morning, Daryn. It's good to be with you.

KAGAN: It's good to have you here. First, any response so some numbers that we're looking at that show Americans don't like Congress intervening in this effort, don't like what President Bush has done, and say this should be a family matter? WELDON: Well, there are some issues where you have to be motivated by what you think is right and wrong, and what is the best thing to do ethically and morally. My own personal opinion was that it was inappropriate that a death row inmate, like Scott Peterson or this John Couey who just recently killed that young girl...

KAGAN: Well, John Couey has been charged ...

WELDON: But...

KAGAN: just to be -- John Couey has been charged, not convicted. So we have to be clear about that.

WELDON: Right.

KAGAN: You're just saying that a death row inmate would have more access to due process. Some believe than Terri Schiavo has. Got your point there.

WELDON: Right.

KAGAN: Are you surprised how after Congress acted how this was played out in the courts?

WELDON: I'm somewhat disappointed to say the least. But I'm not that surprised. The courts were always given in the statute the kind authority to review the case. I'm a little surprised they didn't deliberate longer before they rendered their decision. This case is very complicated. There are reams of legal opinions and medical testimonies. And to render the decision so quickly surprised me.

KAGAN: I want to talk to you about Tom DeLay. And there's sound making the rounds now. This was an event last Friday when he was talking to the Family Research Council in Washington talking about the Terri Schiavo case. We should say the congressman, your colleague, thought this would be off-the-record. So let's hear the comments about Terri Schiavo.

(BEGIN VIDEO CLIP)

REP. TOM DELAY (R), TEXAS, HOUSE MAJORITY LEADER: This is exactly the issue that is going on in America -- that of attacks against the conservative group movement, against me and against many others. The point is, is the other side has figured out how to win and to defeat the conservative movement, and that is to go after people personally, charge them with frivolous charges.

(END VIDEO CLIP)

KAGAN: Tom DeLay, of course, having his own battles to take place in -- back in his home state of Texas. But Congressman, what do you say about people who say conservatives don't care about Terri Schiavo; they were looking for a political opportunity and they found it in this woman?

WELDON: Well, when I introduced the original bill to allow federal appeals to this type of case, I immediately went across the aisle and I elicited quite a number of Democrats, and actually had about 30 Democrats, fairly liberal Democrats, on the bill. On the morning we voted to approve this, early Monday morning, I had some of the most liberal members of Congress come up to me and tell me they thought this was the right thing to do. And actually, some conservatives were not entirely comfortable with it.

And so, I thought the Schiavo thing really cut across traditional political lines. And I think what Tom DeLay was just talking about is really unrelated to this.

KAGAN: Interesting that you talk about creating this bill and offering this bill. Because there are those who say it didn't go far enough. What this bill did was allow the federal courts to go back and see if there was due process for Terri Schiavo. But why not go a step farther and tell the federal courts to start from scratch?

WELDON: Well, I'm not a legal scholar. And I used to take care of a lot of cases like Terri Schiavo's, and, though I'm in your New York studio, I'm actually from Florida. And that's the reason I got interested in this. But, even so, I never thought it would have been appropriate the Congress to go beyond what we did to allow a federal review.

KAGAN: Why not?

WELDON: Well, there are issues in our Constitution called bills of attainder, and ex post facto laws. And I really defer to the legal scholars on this to tell me -- to make sure that we were not doing something unconstitutional.

KAGAN: In our final seconds together, if you could speak with the Schindler family right now and Michael Schiavo, what would be your message to both of them?

WELDON: Well, I've been through situations like this, and it's very heart-rending. I think everybody has done everything they could. And really, her life now may be -- now it's really in God's hands, though I certainly support their attempt at a further appeal and appealing to the governor.

KAGAN: Congressman Dave Weldon of Florida. As you said we tracked you down in New York City today. Thank you for your time, sir. Appreciate it.

WELDON: You're welcome. It's really great to be with you.

KAGAN: The battle in the Terri Schiavo case hits home for many American families, as you were hearing the congressman mention. Still ahead, we're going to talk with the mother of another brain-damaged woman. You will remember her. She is sharing her experience and telling how far and how she finally let go.

Plus...

(BEGIN VIDEO CLIP) RICK WARREN, AUTHOR, "THE PURPOSE DRIVEN LIFE": When people lack hope, they do hopeless things. I think this guy actually felt hopeless and so he was lashing out.

(END VIDEO CLIP)

KAGAN: For the first time the author of a book partially credited with Brian Nichols surrender shares his views in the Atlanta shootings, the loss of life and the unlikely hero.

And were there looming warning signs before the school shootings in Minnesota? More details surrounding the case when we return.

(COMMERCIAL BREAK)

KAGAN: Well, It is the season for severe weather in the southeast. A tornado touching down in Desoto County, Mississippi yesterday. At least two businesses and 11 homes were damaged. A possible tornado in South Georgia killed at least one person and injured nine others. And a possible tornado in south Alabama left four injured. Orelon Sidney has the weather for us this morning.

(WEATHER REPORT)

KAGAN: We have a breaking story coming out of San Jose, California. This is a five-alarm fire. We understand about 90 fire fighters are on the scene here. They are battling this fire raging through this apartment complex in San Jose. About 100 people in this three-story complex have been forced out of their homes by the fire. So far no injuries have been reported. We will check on that as the morning goes on.

Still to come on CNN LIVE TODAY, maybe the guilt was too much to bear? A burglar makes a pit stop at a church. What he left behind may surprise you.

Plus Gerri is here with some great tips.

Hi, Ger.

GERRI WILLIS, CNN-FN PERSONAL FINANCE EDITOR: Hey, Daryn. Good to see you. Some taxpayers are going to be in for a surprise or maybe a rude awakening. We will tell you everything you need to know about the alternative minimum tax when CNN LIVE TODAY continues.

(COMMERCIAL BREAK)

KAGAN: Yes, we are talking that pesky three-letter word "tax" today. We all know April 15 right around the corner. As you get those returns ready, there's a tax you might not know about. It could take a big bite out of your wallet. Don't want to hear that. But we want to hear about it so we can avoid it.

Personal finance editor Gerri Willis is here with five tips about the alternative minimum tax. Huh? WILLIS: Exactly. It's so confusing. Tip number 1, get the 411. The AMT is an alternate tax universe that you may be on the hook for. It's going to cost you more. Originally it was pegged for really wealthy people to make sure they were paying what they owed. But now, Daryn, it's catching lots of other people. Check this out. Some 32 million people will be on the hook by 2010. I'm telling you, if your household income is $75,000, you need to start thinking about it right now.

KAGAN: And most people who make $75,000 would not consider themselves super rich.

WILLIS: That's right. Exactly. Tip two, you want to check out that at-risk pool. If you have a lot of itemized deductions for any reason -- maybe you have got a lot of kids for goodness sake, or if you live in a high tax state, like New York, California -- you may be subject to this tax.

We want to give people an example, Daryn. The Brady Bunch, we took them as an example of the differences in the amount they would owe under AMT and regular tax. Check it out. Bottom line, they owe almost $3,000 more because of all of those baby deductions.

KAGAN: Do you know how many shoes you could buy for Bobby and Cindy and Peter and Marcia with that?

(LAUGHTER)

KAGAN: So if you know what you owe that's going to help you out. Isn't it?

WILLIS: Exactly. It's up to you. It's your responsibility to calculate exactly what you owe. But I've got to tell you, get form 6251 from the IRS from their Web site at irs.gov. You're going to have to do a little work? It's eight pages of instructions, a 55-line form. Pretty complex.

You're better off getting the software packages, like Tax Cut or Kiplinger's, one of the many tax prep packages out there. They will do the calculations for you so you don't have to figure it out on your own.

KAGAN: My eyes are glazing over already. Do what you can here, right?

WILLIS: Exactly. There is some good news here. There is an alternative minimum tax credit if the reason you are in the AMT is because you exercised stock options, you can actually take a credit for that money in a later year when you are not paying AMT. That's about all the good news I can find here.

KAGAN: Well also, you can also make good news for yourself by thinking ahead.

WILLIS: Exactly. You want to plan ahead. If you know you're going to be in AMT in 2005, you may want to push some of your income into this year's tax preparation. Here's why. The more income you have, the better off you're going to be this year because the AMT calculation actually has a lower income tax rate. So, keep that in mind.

KAGAN: We'll do that. Gerri Willis, thank you.

WILLIS: You're welcome.

KAGAN: Still ahead on CNN LIVE TODAY, after stealing the goods, look what one burglar did. Had a change of heart. Find out why.

Plus, what exactly went down during the high school shooting in Minnesota? We're going to take a look at those fateful moments.

(COMMERCIAL BREAK)

KAGAN: We're looking once again at live pictures. This from San Jose, California. Ninety firefighters are on the scene of this five- alarm fire. About 100 people living -- or had to evacuate this three- story apartment complex earlier today. No injuries reported so far. And no estimate on when the firefighters will have the fire under control. We continue to monitor that story out of San Jose.

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


Aired March 23, 2005 - 10:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN CO-ANCHOR: We have a lot going on, on this Wednesday morning. Let's start by looking at what's happening now in the news.
Terri Schiavo's parents are expected to appeal a ruling that refuses to order reinsertion of her feeding tube. A three-judge panel from an Atlanta federal court of appeals issued that ruling nearly eight hours ago. The parents' attorneys might ask the full 11th Circuit Court to review the case or make an appeal to the U.S. Supreme Court.

In Tallahassee, Schiavo's brother is lobbying Florida lawmakers. He is hoping they might approve a bill to get the tube reinserted.

From a window overlooking St. Peter's Square, the curtains parted to reveal Pope John Paul II. The Holy Father blessed thousands of faithful today. He did not speak. The Vatican previously had canceled his normal Wednesday audience. The pope's Holy Week appearances have been scaled back due to his recent illness.

In Lebanon, an early morning explosion brought down the roof of a shopping mall. Reports say three people were killed and four others injured in the Christian area north of Beirut. An opposition group accuses the Syrian-backed Lebanese government of trying to terrorize people.

And Iraqi forces have captured an insurgent base of operation that's northwest of Baghdad. As many as 120 rebels were in the camp. U.S. military officials say an unknown number were killed. The others retreated after a two-hour battle. A U.S. official says the remote location of the camp indicates insurgents have been pushed out of major population areas.

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

Six days two court rulings and countless tears, the latest for you on Terri Schiavo. Hours before dawn, yet another glimmer of home faded for the parents and siblings of Terri Schiavo. A federal appeals court denied the family's emergency request to have her feeding tube reinserted. But Bob and Mary Schindler vow to fight for another appeal today, this time in the U.S. Supreme Court.

Joe Johns is at the nation's highest court. Bob Franken is outside Terri Schiavo's hospice. Tony Harris is here in Atlanta where the latest ruling was issued.

Tony, since this was the latest development, we're going to start with you.

TONY HARRIS, CNN CORRESPONDENT: OK, Daryn. Good morning to you. Well, the decision came down from the United States Court of Appeals for the 11th Circuit here at this building, right behind me at about 2:30 this morning. And in it 32 pages, it lays out the decision to deny the temporary restraining order that would have done two things, Daryn. First of all, restore the feeding tube immediately to Terri Schiavo. And it is the feeding tube that's been supplying the nutrients, the liquids that kept her alive since 1990. The second thing it would have done is it set in motion a new look at the case, a brand new look -- a retrial, a new trial if you like -- that looked at the merits of the case.

So, what we have is a situation right now where we are looking at a couple of ideas here, a couple of things here now. As you know, the disabled community has been here starting yesterday. And they have made it clear that they support not only Terri Schiavo but also the position that's being held up here by Bob and Mary Schindler. They are back here this morning to make it clear that they are disappointed in the court's ruling.

And what I did, I was able to grab a couple placards they have been holding up to make their opinion on this whole situation clear. I don't know if you can make it out but I'll read it to you. "What crime did Terri commit?" "Her disability sentenced death." And, "Terri never asked to be starved."

So where do we go from here? As you mentioned, the United States Supreme Court will obviously take a look at this case. We don't know if they will take it up with the full body. But also, the family is looking for some kind of remedy from the Florida state legislature.

A little bit earlier on "AMERICAN MORNING," Harvard Law Professor Alan Dershowitz weighed in on some of the options available to the Florida state legislature.

(BEGIN VIDEO CLIP)

ALAN DERSHOWITZ, LAW PROFESSOR, HARVARD UNIV.: This is a state case. And states have enormous power and they could pass a statute to presumably keep her alive. And then it would have to go back into the state courts to decide whether that statute is constitutional under Florida law. And the courts generally have sided with the husband in this case. And the legislature conceivably could side with the parents.

(END VIDEO CLIP)

HARRIS: So we are watching this on two fronts. Obviously, the United States Supreme Court and also, Tallahassee, Florida where the Florida state legislature will have an opportunity to provide, if it chooses to, some kind of remedy for the Schindler family.

Daryn, back to you.

Tony Harris in downtown Atlanta. KAGAN: Let's talk about the Supreme Court. Is that indeed the next test for Terri Schiavo? The nation's top bench has previously declined three times to consider this case.

Our Joe Johns is outside the U.S. Supreme Court with the latest.

Joe, good morning.

JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: Good morning. Well, they certainly could come here to the Supreme Court, if the family has decided they have exhausted all of their appeals in Atlanta. Justice Anthony Kennedy would be the point person here if he follows past practice. In all likelihood, he would bump the decision up to the full Court. Of course, that would be very likely to happen pretty quickly here at the Supreme Court.

A lot of people out there may really wonder why it is that you can't get a different outcome, given the fact that the United States Congress passed a law over the weekend. The fact of the matter is that that law gave a lot of discretion to the judiciary on how to handle the case. It opened the door for a new look at the case, but did not order an outcome.

So many questions here as to what the Supreme Court will do and when, presuming the case comes here sometime today. There's also that question, of course, in Tallahassee what the legislature might do. That could kick off a whole new round of litigation.

Daryn, back to you.

KAGAN: All right. Thank you. Joe Johns at the Supreme Court.

Terri Schiavo now entering her sixth day without a feeding tube. The Schindlers have said their daughter is what they say, "fading fast." Her health and legal limbo are among the buzz with the crowd gathered outside her hospice in Florida.

Also, our Bob Franken is there. He joins us from Pinellas Park, Florida.

Bob, hello.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Hello, Daryn. And what you get a sense of from the family -- in fact, more than a sense -- is a feeling of futility as they try and go through the judicial system. Their hopes have been so high just a couple days ago after Congress had taken its action. But now again they're beginning to see nothing but disappointment. And as it gets to the last stages, when it gets to the Supreme Court, a feeling they might not succeed there.

Also, the state legislature action is something that has been very frustrating to them. So they started to focus again on Governor Jeb Bush, saying that ultimately they may have to demand from him executive action.

What they got today was a statement from Governor Bush speaking of the appellate court rejection saying, "I could not be more disappointed in the decision announced this morning. Terri has been without sustenance for almost five days now. Time is of the essence. And I hope all who have the ability and duty to act in this case will do so with a sense of urgency." We're quoting from Governor Bush. Going on, Governor Bush, "Terri Schiavo, like all Americans, deserves our protection and respect. I will continue to call on the Florida legislature to pass legislation to honor patients decisions about end of life care, protect all vulnerable Floridians and spare Terri's life."

Now, a spokesman for the family was informed of the statement, which did not say the governor would take direct action. And here was his response.

(BEGIN VIDEO CLIP)

REV. PATRICK MAHONEY, DIR., CHRISTIAN DEFENSE COALITION: I would say that Governor Jeb Bush, this is our sense. So I'm saying our sense here, OK? This is no private conversations with Governor Bush. And we've had many. I would sense that Governor Bush will wait until every option is pursued and then we will see what happens.

And then once and if -- and we hope it doesn't come to this -- if the Supreme Court fails, the Florida legislature fails, we will then go to Governor Bush again.

(END VIDEO CLIP)

FRANKEN: And there is a growing concern, Daryn , among family members that the other institutions that he mentioned might, in their perspective fail. And that the spotlight, the very harsh spotlight may once again fall on Governor Jeb Bush.

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

Let's look at the court of public opinion. It has not been kind to President Bush and his intervention in the Schiavo case. The latest CNN/"USA Today"/Gallup poll, half of Americans disapprove of President Bush's handling of the case. Just under a third do approve. And 17 percent say they are unsure.

Our next guest is a congressman who supported the Terri Schiavo legislation that President Bush signed into law. He also is a medical doctor. Representative Dave Weldon joins us now from our New York bureau.

Doctor and Congressman, good morning.

REP. DAVE WELDON (R), FLORIDA: Good morning, Daryn. It's good to be with you.

KAGAN: It's good to have you here. First, any response so some numbers that we're looking at that show Americans don't like Congress intervening in this effort, don't like what President Bush has done, and say this should be a family matter? WELDON: Well, there are some issues where you have to be motivated by what you think is right and wrong, and what is the best thing to do ethically and morally. My own personal opinion was that it was inappropriate that a death row inmate, like Scott Peterson or this John Couey who just recently killed that young girl...

KAGAN: Well, John Couey has been charged ...

WELDON: But...

KAGAN: just to be -- John Couey has been charged, not convicted. So we have to be clear about that.

WELDON: Right.

KAGAN: You're just saying that a death row inmate would have more access to due process. Some believe than Terri Schiavo has. Got your point there.

WELDON: Right.

KAGAN: Are you surprised how after Congress acted how this was played out in the courts?

WELDON: I'm somewhat disappointed to say the least. But I'm not that surprised. The courts were always given in the statute the kind authority to review the case. I'm a little surprised they didn't deliberate longer before they rendered their decision. This case is very complicated. There are reams of legal opinions and medical testimonies. And to render the decision so quickly surprised me.

KAGAN: I want to talk to you about Tom DeLay. And there's sound making the rounds now. This was an event last Friday when he was talking to the Family Research Council in Washington talking about the Terri Schiavo case. We should say the congressman, your colleague, thought this would be off-the-record. So let's hear the comments about Terri Schiavo.

(BEGIN VIDEO CLIP)

REP. TOM DELAY (R), TEXAS, HOUSE MAJORITY LEADER: This is exactly the issue that is going on in America -- that of attacks against the conservative group movement, against me and against many others. The point is, is the other side has figured out how to win and to defeat the conservative movement, and that is to go after people personally, charge them with frivolous charges.

(END VIDEO CLIP)

KAGAN: Tom DeLay, of course, having his own battles to take place in -- back in his home state of Texas. But Congressman, what do you say about people who say conservatives don't care about Terri Schiavo; they were looking for a political opportunity and they found it in this woman?

WELDON: Well, when I introduced the original bill to allow federal appeals to this type of case, I immediately went across the aisle and I elicited quite a number of Democrats, and actually had about 30 Democrats, fairly liberal Democrats, on the bill. On the morning we voted to approve this, early Monday morning, I had some of the most liberal members of Congress come up to me and tell me they thought this was the right thing to do. And actually, some conservatives were not entirely comfortable with it.

And so, I thought the Schiavo thing really cut across traditional political lines. And I think what Tom DeLay was just talking about is really unrelated to this.

KAGAN: Interesting that you talk about creating this bill and offering this bill. Because there are those who say it didn't go far enough. What this bill did was allow the federal courts to go back and see if there was due process for Terri Schiavo. But why not go a step farther and tell the federal courts to start from scratch?

WELDON: Well, I'm not a legal scholar. And I used to take care of a lot of cases like Terri Schiavo's, and, though I'm in your New York studio, I'm actually from Florida. And that's the reason I got interested in this. But, even so, I never thought it would have been appropriate the Congress to go beyond what we did to allow a federal review.

KAGAN: Why not?

WELDON: Well, there are issues in our Constitution called bills of attainder, and ex post facto laws. And I really defer to the legal scholars on this to tell me -- to make sure that we were not doing something unconstitutional.

KAGAN: In our final seconds together, if you could speak with the Schindler family right now and Michael Schiavo, what would be your message to both of them?

WELDON: Well, I've been through situations like this, and it's very heart-rending. I think everybody has done everything they could. And really, her life now may be -- now it's really in God's hands, though I certainly support their attempt at a further appeal and appealing to the governor.

KAGAN: Congressman Dave Weldon of Florida. As you said we tracked you down in New York City today. Thank you for your time, sir. Appreciate it.

WELDON: You're welcome. It's really great to be with you.

KAGAN: The battle in the Terri Schiavo case hits home for many American families, as you were hearing the congressman mention. Still ahead, we're going to talk with the mother of another brain-damaged woman. You will remember her. She is sharing her experience and telling how far and how she finally let go.

Plus...

(BEGIN VIDEO CLIP) RICK WARREN, AUTHOR, "THE PURPOSE DRIVEN LIFE": When people lack hope, they do hopeless things. I think this guy actually felt hopeless and so he was lashing out.

(END VIDEO CLIP)

KAGAN: For the first time the author of a book partially credited with Brian Nichols surrender shares his views in the Atlanta shootings, the loss of life and the unlikely hero.

And were there looming warning signs before the school shootings in Minnesota? More details surrounding the case when we return.

(COMMERCIAL BREAK)

KAGAN: Well, It is the season for severe weather in the southeast. A tornado touching down in Desoto County, Mississippi yesterday. At least two businesses and 11 homes were damaged. A possible tornado in South Georgia killed at least one person and injured nine others. And a possible tornado in south Alabama left four injured. Orelon Sidney has the weather for us this morning.

(WEATHER REPORT)

KAGAN: We have a breaking story coming out of San Jose, California. This is a five-alarm fire. We understand about 90 fire fighters are on the scene here. They are battling this fire raging through this apartment complex in San Jose. About 100 people in this three-story complex have been forced out of their homes by the fire. So far no injuries have been reported. We will check on that as the morning goes on.

Still to come on CNN LIVE TODAY, maybe the guilt was too much to bear? A burglar makes a pit stop at a church. What he left behind may surprise you.

Plus Gerri is here with some great tips.

Hi, Ger.

GERRI WILLIS, CNN-FN PERSONAL FINANCE EDITOR: Hey, Daryn. Good to see you. Some taxpayers are going to be in for a surprise or maybe a rude awakening. We will tell you everything you need to know about the alternative minimum tax when CNN LIVE TODAY continues.

(COMMERCIAL BREAK)

KAGAN: Yes, we are talking that pesky three-letter word "tax" today. We all know April 15 right around the corner. As you get those returns ready, there's a tax you might not know about. It could take a big bite out of your wallet. Don't want to hear that. But we want to hear about it so we can avoid it.

Personal finance editor Gerri Willis is here with five tips about the alternative minimum tax. Huh? WILLIS: Exactly. It's so confusing. Tip number 1, get the 411. The AMT is an alternate tax universe that you may be on the hook for. It's going to cost you more. Originally it was pegged for really wealthy people to make sure they were paying what they owed. But now, Daryn, it's catching lots of other people. Check this out. Some 32 million people will be on the hook by 2010. I'm telling you, if your household income is $75,000, you need to start thinking about it right now.

KAGAN: And most people who make $75,000 would not consider themselves super rich.

WILLIS: That's right. Exactly. Tip two, you want to check out that at-risk pool. If you have a lot of itemized deductions for any reason -- maybe you have got a lot of kids for goodness sake, or if you live in a high tax state, like New York, California -- you may be subject to this tax.

We want to give people an example, Daryn. The Brady Bunch, we took them as an example of the differences in the amount they would owe under AMT and regular tax. Check it out. Bottom line, they owe almost $3,000 more because of all of those baby deductions.

KAGAN: Do you know how many shoes you could buy for Bobby and Cindy and Peter and Marcia with that?

(LAUGHTER)

KAGAN: So if you know what you owe that's going to help you out. Isn't it?

WILLIS: Exactly. It's up to you. It's your responsibility to calculate exactly what you owe. But I've got to tell you, get form 6251 from the IRS from their Web site at irs.gov. You're going to have to do a little work? It's eight pages of instructions, a 55-line form. Pretty complex.

You're better off getting the software packages, like Tax Cut or Kiplinger's, one of the many tax prep packages out there. They will do the calculations for you so you don't have to figure it out on your own.

KAGAN: My eyes are glazing over already. Do what you can here, right?

WILLIS: Exactly. There is some good news here. There is an alternative minimum tax credit if the reason you are in the AMT is because you exercised stock options, you can actually take a credit for that money in a later year when you are not paying AMT. That's about all the good news I can find here.

KAGAN: Well also, you can also make good news for yourself by thinking ahead.

WILLIS: Exactly. You want to plan ahead. If you know you're going to be in AMT in 2005, you may want to push some of your income into this year's tax preparation. Here's why. The more income you have, the better off you're going to be this year because the AMT calculation actually has a lower income tax rate. So, keep that in mind.

KAGAN: We'll do that. Gerri Willis, thank you.

WILLIS: You're welcome.

KAGAN: Still ahead on CNN LIVE TODAY, after stealing the goods, look what one burglar did. Had a change of heart. Find out why.

Plus, what exactly went down during the high school shooting in Minnesota? We're going to take a look at those fateful moments.

(COMMERCIAL BREAK)

KAGAN: We're looking once again at live pictures. This from San Jose, California. Ninety firefighters are on the scene of this five- alarm fire. About 100 people living -- or had to evacuate this three- story apartment complex earlier today. No injuries reported so far. And no estimate on when the firefighters will have the fire under control. We continue to monitor that story out of San Jose.

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