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American Morning
Federal Judge Refuses to Order Feeding Tube Reconnected; Minor Kills 10 People In Deadly, Minnesota Shooting
Aired March 22, 2005 - 07:00 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.
SOLEDAD O'BRIEN, CNN ANCHOR: Breaking news in the Terri Schiavo case, within the last hour, a federal judge refuses to order her feeding tube be reconnected.
A small Minnesota community reeling after a shooting rampage at a high school -- 10 dead, more injured -- the deadliest school shooting since Columbine.
And David Letterman speaks out on the plot to kidnap his son.
(BEGIN VIDEO CLIP)
DAVID LETTERMAN, CBS "LATE SHOW WITH DAVID LETTERMAN": And fortunately everything turned out fine.
(END VIDEO CLIP)
O'BRIEN: The man accused in the foiled plot due in court on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Good morning, everyone. Good to have you along with us today, on this Tuesday -- a lot going on, too.
We've just received a ruling from a federal judge in Florida, for now, anyway. The feeding tube for Terri Schiavo will not be reinserted. We'll look at the reasons behind the ruling and what happens next for Schiavo's parents in a moment.
O'BRIEN: In other top stories we'll talk about this morning, as well, the school shooting at an Indian reservation in Minnesota. We're going to talk to a tribal leader about the student now suspected in those killings.
Also, we expect to see the suspect in the Jessica Lunsford case go before a judge this morning.
Plus, we're going to update you on all the developments in the Michael Jackson trial, as well.
HEMMER: There were many yesterday, again, in that case.
Jack Cafferty, good morning.
JACK CAFFERTY, CNN ANCHOR: He was late, again, wasn't he?
HEMMER: Slightly.
O'BRIEN: Yes.
CAFFERTY: Oh, man.
The federal budget deficit last month, one month, $114 billion -- that's an increase of 18 percent over the same month a year ago. A growing number of people in this country, people who know about this stuff, think that our deteriorating economy is a much bigger threat now to our way of life in the United States than the terrorists ever are.
We'll take a look at that in a few minutes.
HEMMER: Jack, thanks.
Breaking news first, Terri Schiavo matter -- a federal judge in Florida has refused to order the feeding tube be reinserted, a major blow to her parents.
To Bob Franken starting our coverage in Pinellas Park, Florida, at the hospice where Schiavo is being cared for. The reaction there, early, is what, Bob?
Good morning.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: The reaction here is pretty much non existent because the protesters don't show up for awhile. But it has been an emotional roller coaster here.
The high, the relative high that the family members, the blood relatives who have been fighting so hard to get the feeding tube reinserted, that their hopes that had been raised by the extraordinary action of congress are now certainly going to be, once again, replaced by the anxiety and fear that this ruling has, from the district judge, could certainly create.
Because the bottom line on that is that the tube will not be reconnected. That is because the judge ruled. And it is consistent with the questions that he repeatedly asked in the court session yesterday.
He ruled that one of the imperatives of coming up with a temporary restraining order is the likelihood that the case would succeed. And the judge has ruled that it did not look likely that the ultimate litigation, which would require that the feeding tube be reinserted, that, ultimate litigation would succeed in federal court.
Well, of course, there is an appeals court system. And everybody is lined up. The lawyers have anticipated that a ruling like this might come down. So, they are ready now to go to Atlanta, to the 11th Circuit Court and immediately ask the judges at that level for a change in the ruling. The possibilities of that are considered less than 50-50. But, of course, everything is being -- every effort is being made, now, within the parameters of the congressional legislation.
This could ultimately get to the United States Supreme Court. I should point out that the U.S. Supreme Court has repeatedly turned down any requests to intervene.
Meanwhile, Michael Schiavo, the husband of Terri Schiavo, his lawyers were saying yesterday in federal court that they had done everything they could to meet all the legal and moral standards before making the decision to disconnect the tube -- Bill?
HEMMER: A lot to talk about, now. Bob Franken, thanks for that in Florida.
Lawyers for Schiavo's parents say they will immediately appeal the ruling by Judge Whittemore in the 11th circuit court of appeals in Atlanta that Bob just mentioned.
An attorney down in Florida, Kendall Coffee following this quite closely my guest, now, in Miami -- Kendall, good morning to you.
That judge essentially ruled that the chances of success are not likely. Meaning what, as this case continues?
KENDALL COFFEY, CNN LEGAL ANALYST: Meaning he looked at their constitutional claims, their statements that the rights of Terri Schiavo, under our constitution, due process rights, had been fundamentally denied through the years of state court proceedings. After the judge looked at those claims, he said there isn't a significant likelihood that she could ever succeed, that the parents can ever win. Therefore, there is no basis for entering an emergency injunction order to reinsert the feeding and hydration tubes.
Obviously, that same emergency injunction request -- it was denied by the federal trial court -- is on its way to Atlanta at warp speed.
HEMMER: Well, the tube was taken out last Friday, now working on our fifth day without the tube being reinserted into Ms. Schiavo. With the 11th circuit court now expected to get this case, as you point out, and Bob Franken, as well, how does that court now proceed, Kendall?
COFFEY: Well, they've got two of one ways to deal with it -- a single judge of the federal appeals court can issue an order that would be in effect immediately, but would then be very, very quickly, perhaps in a couple days, examined by two other judges, a total of three judges to determine whether an injunction stays in place.
So, conceptually, a single, federal appeals court judge could grant that motion for an injunction. It could also be something that three judges are looking at.
My sense is, frankly, Bill, that three judges have been looking at this for several days, already. They are expecting it. They know it's coming. And it will probably get a ruling by a three-judge, federal appeals court panel situated in Atlanta some time late night or tomorrow.
HEMMER: So if it's late night or tomorrow, does this ultimately go to the U.S. Supreme Court after that, then?
COFFEY: Exactly, the next step would be to go to the Supreme Court justice, Justice Kennedy, who has responsibility for this judicial circuit. He, as he did in other situations involving the Schiavo case, has referred it to the entire Supreme Court.
And as we know, three times already this year, the U.S. Supreme Court has closed its doors to the parents of Terri Schiavo.
HEMMER: Can congress act again in this?
COFFEY: There is nothing further congress can do. They went as far as they thought they could, a law that didn't tell a judge how to rule, but asked the judge to open the federal court house doors. That has been squarely rebuffed.
Unless this is turned around, either at the federal appeals court level or at the U.S. Supreme Court, this could, in fact, be the final chapter for Terri Schiavo.
HEMMER: Wow, so you're suggesting that we're near the end here?
COFFEY: It's getting grimmer and grimmer for the parents of Terri Schiavo.
HEMMER: Kendall Coffey in Miami, thank you. We'll talk to, again, throughout the morning here as we get more on this breaking news story out of Florida.
COFFEY: Thank you, Bill.
HEMMER: Here's Soledad.
O'BRIEN: Another top story to tell you about this morning. Investigators still on the scene of the shootings at a school and home on a remote Indian reservation. Ten people are dead, including a teenage gunman in Minnesota.
Keith Oppenheim in Red Lake for us this morning.
Keith, first lay out what happened.
KEITH OPPENHEIM, CNN NATIONAL CORRESPONDENT: I will, Soledad. I'm at the detention center at the Red Lake Indian reservation where there will be a news conference later this morning. And we can give you the latest.
What the FBI is telling us is that yesterday a high school student shot and killed his grandparents at there home. And then after that, he went to Red Lake senior high school where he killed eight people. And that included a male security guard, a female teacher and five students.
And then after an exchange of gunfire with police, the young man apparently killed himself. The FBI believes that this high school student was acting along. And they are investigating a possible motive in this case.
A firefighter from the Red Lake Reservation Fire Department named Roman Stately (ph) says that he was on the scene shortly after it happened, and he believes the gunman was walking down the hall, then went into a classroom where he shot several students and a teacher.
He also says that he believes that all of the dead students were in one room.
This Red Lake firefighter also says that the high school student's grandfather was a veteran of the Red Lake police department and that he believes that the weapons used were police-issued weapons from the Red Lake fire department.
Along with the death toll of 10, there are 13 injuries from this incident. So, it's obviously possible that the number of fatalities in this horrific story could change as the day goes on.
The Red Lake Indian reservation is small in terms of the number of people, large in size of land. There are only about 5,000 people who live here, Soledad. They are members of the Chippewa tribe.
And it is putting it mildly to say that they are profoundly shocked by what happened here, especially when you consider that this incident is the worst school shooting since the Columbine massacre back in 1999, when two students killed 13 people and wounded 23.
Back to you.
O'BRIEN: Terrible tragedy to have to report this morning.
Keith Oppenheim for us. Keith, thanks.
The Red Lake Chippewa Indian reservation is, as Keith mentioned, in a remote part of the country, but clearly not isolated from this kind of violence.
Floyd Jourdain is the chairman of the Red Lake Ojeba (ph) Nation. He joins us.
(BEGIN VIDEOTAPE)
O'BRIEN: Mr. Jourdain, thank you very much for being with us.
We're talking about a very small community. How is the community doing today in the wake of this terrible tragedy?
FLOYD JOURDAIN, CHAIRMAN, RED LAKE OJIBWA NATION: Well, it still hasn't sunk in for a lot of people. We are a small community of about 5,000 people, and quite frankly, we're just in utter shock and disbelief at the occurrences that -- of yesterday. O'BRIEN: We are not releasing the name of the suspect, at this point, because he was a minor. But I can tell you he is in his mid- teens.
What can you tell us about this young man?
JOURDAIN: Well, I can't release any information about any individuals because the information that we're receiving is through the Federal Bureau of Investigation and our local public safety department.
There have been names out there in the media in unofficial reports. The FBI will be making a statement this morning at 10:00 a.m. And that's about all I can really tell you as far as victims and suspects are concerned.
O'BRIEN: Can you tell me if you knew the suspect?
JOURDAIN: I knew practically all the people involved, the children. Some time I worked for the school district. And if I didn't know them, I knew their families.
This is a small community. Most people know one another. We go to the same schools. We frequent the same businesses. And there will not be one soul that's untouched by this tragedy here in Red Lake.
O'BRIEN: It's just terrible.
There were reports that the suspect was smiling and waving as he opened fire on his classmates and teachers, as well. There were reports that some of the bodies were sort of piled up in one room where the shootings all took place.
What have eyewitnesses to what happened told you?
JOURDAIN: I really can't speculate on that. I don't know where those reports came from. I can only assume that they were from individuals who were at the scene.
We have no official reports of such that have come from the FBI, only that there was a shooting and there was some fatalities. And those names, I believe, and suspects, will -- the names of them will be released today.
O'BRIEN: How about any motive? Can you comment at all without releasing the name, names of the suspect or the victims, on a potential motive in this case?
JOURDAIN: I really don't know. We're all, you know, the huge question -- why? You know, just like in Columbine, you know, we have a security system that was implemented, in fact, before Columbine.
And apparently the security there, the school had a plan. There was security in place, and they did everything they could to stop the tragedy yesterday. And it was just beyond their control, unfortunately. And lives were lost. O'BRIEN: Thank you very much for talking with us.
Floyd Jourdain is the chairman...
JOURDAIN: Thank you.
O'BRIEN: ...of the Red Lake Ojibwa nation.
Thank you.
(END VIDEOTAPE)
O'BRIEN: A traditional Indian prayer service will be held on the steps of the state capital in St. Paul. That happens at 02:00 p.m. Central time.
HEMMER: Tough story there. We'll watch it throughout the morning here.
Now 12 minutes past the hour. I want to get a check of the weather. It is beautiful here in the Northeast, been waiting months for this.
A different story in the Southeast, though. Here is Chad. Good morning.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Bill. It's always something, isn't it?
(WEATHER REPORT)
MYERS: Back to both of you.
HEMMER: You've got a busy map, there, Chad.
O'BRIEN: A busy day ahead.
HEMMER: Thanks.
O'BRIEN: All right, Chad, thanks.
MYERS: You're welcome.
O'BRIEN: New developments in the case against a man who is now charged in the death of Jessica Lunsford. What's being done to honor that 9-year-old victim? A look at that ahead.
HEMMER: Also, Michael Jackson late to court again yesterday. How did the judge react this time? We'll have a look.
O'BRIEN: Plus, a moment of sincerity on the "LATE SHOW." We're going to hear what David Letterman said about an alleged plot to kidnap his young son and his nanny.
That's ahead on AMERICAN MORNING. Stay with us.
(COMMERCIAL BREAK)
(AUDIO GAP)
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE, JESSICA LUNSFORD'S FATHER: Can't nobody hurt her now. And Couey will never hurt anybody again.
SARA DORSEY, CNN CORRESPONDENT: Forty-six-year-old Couey is also charged with burglary, battery, kidnapping and sexual battery on a child.
Jessica's father says he wants Couey to die.
UNIDENTIFIED MALE: I'd like to see them bring the electric chair to Florida. From my understanding, it's death by lethal injection, but, you know, I just want him -- I just want him to die. That's all I want him to do. I just want him to die.
DORSEY: A private family service will be held for Jessica on Thursday, followed by a service for family and friends the following day.
Meanwhile, there's already an effort to try to rename this street after the little girl who captured the nation's attention.
UNIDENTIFIED MALE: Some people are petitioning to change the street name to Jessica Marie. And I mean, I signed it. I mean, I think it's awful sweet of them, but it's just another part of the community, you know, wanting to do something.
(END VIDEOTAPE)
DORSEY: And there will be a public service held on Saturday. And if the community outpouring is any indication, it will be a large one -- Bill?
HEMMER: Sara, do you have any indication what the plea may be in court today?
DORSEY: No, I don't think I understood your question. Can you say that again, Bill?
HEMMER: Do you know how John Couey will plea when he appears in court in 15 minutes.
DORSEY: This is his first appearance. We do not believe he will be making a plea, only he will be given a public defender. He will be read his rights and also told his charges.
So, today, we do not believe a plea will be entered at all.
HEMMER: All right. Sara Dorsey, thanks for that. We'll watch it live at 07:30 a.m. Eastern time when the arraignment gets under way -- Soledad? O'BRIEN: The suspect in the alleged plot to kidnap David Letterman's young son is due in court today. Kelly Frank was arrested on Monday, charged with two felonies.
And last night, David Letterman publicly thanked several people for their help.
(BEGIN VIDEOTAPE)
LETTERMAN: Last week, my family and I were involved in a little legal activity. And fortunately, everything turned out fine. But I want to just take a second here to thank some people.
(APPLAUSE)
LETTERMAN: Legal investigation, criminal activity.
I want to thank FBI special agent, Jim Wilson; FBI special agent, Aaron Van Hoff (ph); Teatown (ph) County sheriff, George Anderson; Teatown (ph) County attorney, Joe Coble (ph); and the great people of Choteau, Montana.
They have always made me and my family feel entirely welcome and as though it were our home. And that's how we think of it.
(END VIDEOTAPE)
O'BRIEN: Coming up in the next hour, a former FBI investigator tells us about celebrity stalkers and potential kidnappers and what some celebrities are doing to try to protect their families.
HEMMER: One grateful man, huh?
O'BRIEN: Yes.
HEMMER: Pretty obvious, there.
O'BRIEN: Fairly, yes.
HEMMER: In a moment here, the U.S. Postal Service now eyeing up across the board rate changes, again, we're told. We're "Minding Your Business" on that.
Back in a moment here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: We'll get to business news in a moment, here. If you are just joining us, though, about an hour ago, the judge in Florida has decided that the feeding tube for Terri Schiavo will not be reinserted at this time.
We're told attorneys for Schiavo's family now will appeal this ruling through the 11th circuit court of appeals up in Atlanta. We will watch that legal trail as it continues throughout the day.
But again, the headline out of Florida so far, that feeding tube will not be reinserted as of this ruling from 60 minutes ago.
More when we get it here on AMERICAN MORNING.
O'BRIEN: All right. Let's turn to business news, now.
The federal reserve meeting today, so can we expect another hike in interest rates?
Also, the cost of snail mail going up. Gerri Willis is in for Andy Serwer -- Andy Serwer -- who is on a little vacation. She's "Minding Your Business" this morning.
Good morning.
GERRI WILLIS, CNN FINANCIAL CORRESPONDENT: Hey there, Soledad. Good go see you.
What we're seeing in the markets today, let's start with yesterday.
The markets down. The Dow down 64 points. The Nasdaq, the S&P down as well. You can see on this graphic right here.
What we're expecting today? Well, investors are on the sidelines waiting for the federal reserve to meet this afternoon. The expectation there, interest rates will go up 0.25 point. The seventh increase will bring the fed funds rate to 2.75 percent.
And Soledad, you said it, snail mail more expensive. They're asking for a 5 percent to 6 percent rate increase for the postal service from first class stamps to packages, you name it.
I wonder if we could get, you know, salary increases as easily.
O'BRIEN: So when would that go into effect, do you think? And exactly what would the math be on that, I mean, if we pay $0.37 a stamp now?
WILLIS: Well, I don't have the math for you, Soledad. Happy to get back to you.
O'BRIEN: All right, well 6 percent. I'll try to do my own math on that.
Gerri, thank you very much.
HEMMER: All right, back to Jack now on the "Question of the Day." A good one here, too -- good morning.
CAFFERTY: The budget deficit, Bill, last month, in this country, the federal budget deficit -- $113.9 billion. That's for one month. Up 18 percent from a year ago.
Rising social security and health care costs expected to help drive the deficits to record levels this year. Interest rates are rising. The fed will probably hike them, again, today. Oil prices are through the roof. Of course, there's the trade deficit. Numbers we have never even dreamed about before in the hundreds of hundreds of billions of dollars, like $600 billion plus.
In a new poll taken by the National Association for Business Economics, 27 percent of its members cite government spending and fiscal deficits as the biggest threats to economic growth.
Seven months ago, this same organization said terrorism was the greatest threat to our economy. So, we're going to let you figure it out.
The question is this, what's the greater threat, terrorism or the deteriorating economy?
AM@CNN.COM
HEMMER: All right, we'll get after it. Thank you, Jack.
CAFFERTY: You're welcome.
O'BRIEN: We're going to also, of course -- you said that with true love, Jack.
HEMMER: He did.
O'BRIEN: I like that.
We're going to, obviously, feel the pinch at the pump. But in many cases, the squeeze is even tighter at home.
Coming up, the hidden cost of the rising gas prices.
Stay with us. You're watching AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Good morning, everyone, 07:30 here in New York, and a lot to talk about this morning.
Right back to the decision, coming just about 60 minutes ago, in the Terri Schiavo matter -- a federal judge now refusing to order the feeding tube reconnected.
We'll get a report out of Florida in a moment on that. So stay tuned for the latest in a moment here.
O'BRIEN: Also, John Couey is being arraigned right now -- there he is. That's a live picture.
He's being arraigned on charges in the Jessica Lunsford case. We're going to talk this morning about the system that tracks sex offenders. Mark Klaas is our guest as we take a look at how John Couey fell through the cracks.
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 - 07:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Breaking news in the Terri Schiavo case, within the last hour, a federal judge refuses to order her feeding tube be reconnected.
A small Minnesota community reeling after a shooting rampage at a high school -- 10 dead, more injured -- the deadliest school shooting since Columbine.
And David Letterman speaks out on the plot to kidnap his son.
(BEGIN VIDEO CLIP)
DAVID LETTERMAN, CBS "LATE SHOW WITH DAVID LETTERMAN": And fortunately everything turned out fine.
(END VIDEO CLIP)
O'BRIEN: The man accused in the foiled plot due in court on this AMERICAN MORNING.
ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.
BILL HEMMER, CNN ANCHOR: Good morning, everyone. Good to have you along with us today, on this Tuesday -- a lot going on, too.
We've just received a ruling from a federal judge in Florida, for now, anyway. The feeding tube for Terri Schiavo will not be reinserted. We'll look at the reasons behind the ruling and what happens next for Schiavo's parents in a moment.
O'BRIEN: In other top stories we'll talk about this morning, as well, the school shooting at an Indian reservation in Minnesota. We're going to talk to a tribal leader about the student now suspected in those killings.
Also, we expect to see the suspect in the Jessica Lunsford case go before a judge this morning.
Plus, we're going to update you on all the developments in the Michael Jackson trial, as well.
HEMMER: There were many yesterday, again, in that case.
Jack Cafferty, good morning.
JACK CAFFERTY, CNN ANCHOR: He was late, again, wasn't he?
HEMMER: Slightly.
O'BRIEN: Yes.
CAFFERTY: Oh, man.
The federal budget deficit last month, one month, $114 billion -- that's an increase of 18 percent over the same month a year ago. A growing number of people in this country, people who know about this stuff, think that our deteriorating economy is a much bigger threat now to our way of life in the United States than the terrorists ever are.
We'll take a look at that in a few minutes.
HEMMER: Jack, thanks.
Breaking news first, Terri Schiavo matter -- a federal judge in Florida has refused to order the feeding tube be reinserted, a major blow to her parents.
To Bob Franken starting our coverage in Pinellas Park, Florida, at the hospice where Schiavo is being cared for. The reaction there, early, is what, Bob?
Good morning.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: The reaction here is pretty much non existent because the protesters don't show up for awhile. But it has been an emotional roller coaster here.
The high, the relative high that the family members, the blood relatives who have been fighting so hard to get the feeding tube reinserted, that their hopes that had been raised by the extraordinary action of congress are now certainly going to be, once again, replaced by the anxiety and fear that this ruling has, from the district judge, could certainly create.
Because the bottom line on that is that the tube will not be reconnected. That is because the judge ruled. And it is consistent with the questions that he repeatedly asked in the court session yesterday.
He ruled that one of the imperatives of coming up with a temporary restraining order is the likelihood that the case would succeed. And the judge has ruled that it did not look likely that the ultimate litigation, which would require that the feeding tube be reinserted, that, ultimate litigation would succeed in federal court.
Well, of course, there is an appeals court system. And everybody is lined up. The lawyers have anticipated that a ruling like this might come down. So, they are ready now to go to Atlanta, to the 11th Circuit Court and immediately ask the judges at that level for a change in the ruling. The possibilities of that are considered less than 50-50. But, of course, everything is being -- every effort is being made, now, within the parameters of the congressional legislation.
This could ultimately get to the United States Supreme Court. I should point out that the U.S. Supreme Court has repeatedly turned down any requests to intervene.
Meanwhile, Michael Schiavo, the husband of Terri Schiavo, his lawyers were saying yesterday in federal court that they had done everything they could to meet all the legal and moral standards before making the decision to disconnect the tube -- Bill?
HEMMER: A lot to talk about, now. Bob Franken, thanks for that in Florida.
Lawyers for Schiavo's parents say they will immediately appeal the ruling by Judge Whittemore in the 11th circuit court of appeals in Atlanta that Bob just mentioned.
An attorney down in Florida, Kendall Coffee following this quite closely my guest, now, in Miami -- Kendall, good morning to you.
That judge essentially ruled that the chances of success are not likely. Meaning what, as this case continues?
KENDALL COFFEY, CNN LEGAL ANALYST: Meaning he looked at their constitutional claims, their statements that the rights of Terri Schiavo, under our constitution, due process rights, had been fundamentally denied through the years of state court proceedings. After the judge looked at those claims, he said there isn't a significant likelihood that she could ever succeed, that the parents can ever win. Therefore, there is no basis for entering an emergency injunction order to reinsert the feeding and hydration tubes.
Obviously, that same emergency injunction request -- it was denied by the federal trial court -- is on its way to Atlanta at warp speed.
HEMMER: Well, the tube was taken out last Friday, now working on our fifth day without the tube being reinserted into Ms. Schiavo. With the 11th circuit court now expected to get this case, as you point out, and Bob Franken, as well, how does that court now proceed, Kendall?
COFFEY: Well, they've got two of one ways to deal with it -- a single judge of the federal appeals court can issue an order that would be in effect immediately, but would then be very, very quickly, perhaps in a couple days, examined by two other judges, a total of three judges to determine whether an injunction stays in place.
So, conceptually, a single, federal appeals court judge could grant that motion for an injunction. It could also be something that three judges are looking at.
My sense is, frankly, Bill, that three judges have been looking at this for several days, already. They are expecting it. They know it's coming. And it will probably get a ruling by a three-judge, federal appeals court panel situated in Atlanta some time late night or tomorrow.
HEMMER: So if it's late night or tomorrow, does this ultimately go to the U.S. Supreme Court after that, then?
COFFEY: Exactly, the next step would be to go to the Supreme Court justice, Justice Kennedy, who has responsibility for this judicial circuit. He, as he did in other situations involving the Schiavo case, has referred it to the entire Supreme Court.
And as we know, three times already this year, the U.S. Supreme Court has closed its doors to the parents of Terri Schiavo.
HEMMER: Can congress act again in this?
COFFEY: There is nothing further congress can do. They went as far as they thought they could, a law that didn't tell a judge how to rule, but asked the judge to open the federal court house doors. That has been squarely rebuffed.
Unless this is turned around, either at the federal appeals court level or at the U.S. Supreme Court, this could, in fact, be the final chapter for Terri Schiavo.
HEMMER: Wow, so you're suggesting that we're near the end here?
COFFEY: It's getting grimmer and grimmer for the parents of Terri Schiavo.
HEMMER: Kendall Coffey in Miami, thank you. We'll talk to, again, throughout the morning here as we get more on this breaking news story out of Florida.
COFFEY: Thank you, Bill.
HEMMER: Here's Soledad.
O'BRIEN: Another top story to tell you about this morning. Investigators still on the scene of the shootings at a school and home on a remote Indian reservation. Ten people are dead, including a teenage gunman in Minnesota.
Keith Oppenheim in Red Lake for us this morning.
Keith, first lay out what happened.
KEITH OPPENHEIM, CNN NATIONAL CORRESPONDENT: I will, Soledad. I'm at the detention center at the Red Lake Indian reservation where there will be a news conference later this morning. And we can give you the latest.
What the FBI is telling us is that yesterday a high school student shot and killed his grandparents at there home. And then after that, he went to Red Lake senior high school where he killed eight people. And that included a male security guard, a female teacher and five students.
And then after an exchange of gunfire with police, the young man apparently killed himself. The FBI believes that this high school student was acting along. And they are investigating a possible motive in this case.
A firefighter from the Red Lake Reservation Fire Department named Roman Stately (ph) says that he was on the scene shortly after it happened, and he believes the gunman was walking down the hall, then went into a classroom where he shot several students and a teacher.
He also says that he believes that all of the dead students were in one room.
This Red Lake firefighter also says that the high school student's grandfather was a veteran of the Red Lake police department and that he believes that the weapons used were police-issued weapons from the Red Lake fire department.
Along with the death toll of 10, there are 13 injuries from this incident. So, it's obviously possible that the number of fatalities in this horrific story could change as the day goes on.
The Red Lake Indian reservation is small in terms of the number of people, large in size of land. There are only about 5,000 people who live here, Soledad. They are members of the Chippewa tribe.
And it is putting it mildly to say that they are profoundly shocked by what happened here, especially when you consider that this incident is the worst school shooting since the Columbine massacre back in 1999, when two students killed 13 people and wounded 23.
Back to you.
O'BRIEN: Terrible tragedy to have to report this morning.
Keith Oppenheim for us. Keith, thanks.
The Red Lake Chippewa Indian reservation is, as Keith mentioned, in a remote part of the country, but clearly not isolated from this kind of violence.
Floyd Jourdain is the chairman of the Red Lake Ojeba (ph) Nation. He joins us.
(BEGIN VIDEOTAPE)
O'BRIEN: Mr. Jourdain, thank you very much for being with us.
We're talking about a very small community. How is the community doing today in the wake of this terrible tragedy?
FLOYD JOURDAIN, CHAIRMAN, RED LAKE OJIBWA NATION: Well, it still hasn't sunk in for a lot of people. We are a small community of about 5,000 people, and quite frankly, we're just in utter shock and disbelief at the occurrences that -- of yesterday. O'BRIEN: We are not releasing the name of the suspect, at this point, because he was a minor. But I can tell you he is in his mid- teens.
What can you tell us about this young man?
JOURDAIN: Well, I can't release any information about any individuals because the information that we're receiving is through the Federal Bureau of Investigation and our local public safety department.
There have been names out there in the media in unofficial reports. The FBI will be making a statement this morning at 10:00 a.m. And that's about all I can really tell you as far as victims and suspects are concerned.
O'BRIEN: Can you tell me if you knew the suspect?
JOURDAIN: I knew practically all the people involved, the children. Some time I worked for the school district. And if I didn't know them, I knew their families.
This is a small community. Most people know one another. We go to the same schools. We frequent the same businesses. And there will not be one soul that's untouched by this tragedy here in Red Lake.
O'BRIEN: It's just terrible.
There were reports that the suspect was smiling and waving as he opened fire on his classmates and teachers, as well. There were reports that some of the bodies were sort of piled up in one room where the shootings all took place.
What have eyewitnesses to what happened told you?
JOURDAIN: I really can't speculate on that. I don't know where those reports came from. I can only assume that they were from individuals who were at the scene.
We have no official reports of such that have come from the FBI, only that there was a shooting and there was some fatalities. And those names, I believe, and suspects, will -- the names of them will be released today.
O'BRIEN: How about any motive? Can you comment at all without releasing the name, names of the suspect or the victims, on a potential motive in this case?
JOURDAIN: I really don't know. We're all, you know, the huge question -- why? You know, just like in Columbine, you know, we have a security system that was implemented, in fact, before Columbine.
And apparently the security there, the school had a plan. There was security in place, and they did everything they could to stop the tragedy yesterday. And it was just beyond their control, unfortunately. And lives were lost. O'BRIEN: Thank you very much for talking with us.
Floyd Jourdain is the chairman...
JOURDAIN: Thank you.
O'BRIEN: ...of the Red Lake Ojibwa nation.
Thank you.
(END VIDEOTAPE)
O'BRIEN: A traditional Indian prayer service will be held on the steps of the state capital in St. Paul. That happens at 02:00 p.m. Central time.
HEMMER: Tough story there. We'll watch it throughout the morning here.
Now 12 minutes past the hour. I want to get a check of the weather. It is beautiful here in the Northeast, been waiting months for this.
A different story in the Southeast, though. Here is Chad. Good morning.
CHAD MYERS, CNN METEOROLOGIST: Good morning, Bill. It's always something, isn't it?
(WEATHER REPORT)
MYERS: Back to both of you.
HEMMER: You've got a busy map, there, Chad.
O'BRIEN: A busy day ahead.
HEMMER: Thanks.
O'BRIEN: All right, Chad, thanks.
MYERS: You're welcome.
O'BRIEN: New developments in the case against a man who is now charged in the death of Jessica Lunsford. What's being done to honor that 9-year-old victim? A look at that ahead.
HEMMER: Also, Michael Jackson late to court again yesterday. How did the judge react this time? We'll have a look.
O'BRIEN: Plus, a moment of sincerity on the "LATE SHOW." We're going to hear what David Letterman said about an alleged plot to kidnap his young son and his nanny.
That's ahead on AMERICAN MORNING. Stay with us.
(COMMERCIAL BREAK)
(AUDIO GAP)
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE, JESSICA LUNSFORD'S FATHER: Can't nobody hurt her now. And Couey will never hurt anybody again.
SARA DORSEY, CNN CORRESPONDENT: Forty-six-year-old Couey is also charged with burglary, battery, kidnapping and sexual battery on a child.
Jessica's father says he wants Couey to die.
UNIDENTIFIED MALE: I'd like to see them bring the electric chair to Florida. From my understanding, it's death by lethal injection, but, you know, I just want him -- I just want him to die. That's all I want him to do. I just want him to die.
DORSEY: A private family service will be held for Jessica on Thursday, followed by a service for family and friends the following day.
Meanwhile, there's already an effort to try to rename this street after the little girl who captured the nation's attention.
UNIDENTIFIED MALE: Some people are petitioning to change the street name to Jessica Marie. And I mean, I signed it. I mean, I think it's awful sweet of them, but it's just another part of the community, you know, wanting to do something.
(END VIDEOTAPE)
DORSEY: And there will be a public service held on Saturday. And if the community outpouring is any indication, it will be a large one -- Bill?
HEMMER: Sara, do you have any indication what the plea may be in court today?
DORSEY: No, I don't think I understood your question. Can you say that again, Bill?
HEMMER: Do you know how John Couey will plea when he appears in court in 15 minutes.
DORSEY: This is his first appearance. We do not believe he will be making a plea, only he will be given a public defender. He will be read his rights and also told his charges.
So, today, we do not believe a plea will be entered at all.
HEMMER: All right. Sara Dorsey, thanks for that. We'll watch it live at 07:30 a.m. Eastern time when the arraignment gets under way -- Soledad? O'BRIEN: The suspect in the alleged plot to kidnap David Letterman's young son is due in court today. Kelly Frank was arrested on Monday, charged with two felonies.
And last night, David Letterman publicly thanked several people for their help.
(BEGIN VIDEOTAPE)
LETTERMAN: Last week, my family and I were involved in a little legal activity. And fortunately, everything turned out fine. But I want to just take a second here to thank some people.
(APPLAUSE)
LETTERMAN: Legal investigation, criminal activity.
I want to thank FBI special agent, Jim Wilson; FBI special agent, Aaron Van Hoff (ph); Teatown (ph) County sheriff, George Anderson; Teatown (ph) County attorney, Joe Coble (ph); and the great people of Choteau, Montana.
They have always made me and my family feel entirely welcome and as though it were our home. And that's how we think of it.
(END VIDEOTAPE)
O'BRIEN: Coming up in the next hour, a former FBI investigator tells us about celebrity stalkers and potential kidnappers and what some celebrities are doing to try to protect their families.
HEMMER: One grateful man, huh?
O'BRIEN: Yes.
HEMMER: Pretty obvious, there.
O'BRIEN: Fairly, yes.
HEMMER: In a moment here, the U.S. Postal Service now eyeing up across the board rate changes, again, we're told. We're "Minding Your Business" on that.
Back in a moment here on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: We'll get to business news in a moment, here. If you are just joining us, though, about an hour ago, the judge in Florida has decided that the feeding tube for Terri Schiavo will not be reinserted at this time.
We're told attorneys for Schiavo's family now will appeal this ruling through the 11th circuit court of appeals up in Atlanta. We will watch that legal trail as it continues throughout the day.
But again, the headline out of Florida so far, that feeding tube will not be reinserted as of this ruling from 60 minutes ago.
More when we get it here on AMERICAN MORNING.
O'BRIEN: All right. Let's turn to business news, now.
The federal reserve meeting today, so can we expect another hike in interest rates?
Also, the cost of snail mail going up. Gerri Willis is in for Andy Serwer -- Andy Serwer -- who is on a little vacation. She's "Minding Your Business" this morning.
Good morning.
GERRI WILLIS, CNN FINANCIAL CORRESPONDENT: Hey there, Soledad. Good go see you.
What we're seeing in the markets today, let's start with yesterday.
The markets down. The Dow down 64 points. The Nasdaq, the S&P down as well. You can see on this graphic right here.
What we're expecting today? Well, investors are on the sidelines waiting for the federal reserve to meet this afternoon. The expectation there, interest rates will go up 0.25 point. The seventh increase will bring the fed funds rate to 2.75 percent.
And Soledad, you said it, snail mail more expensive. They're asking for a 5 percent to 6 percent rate increase for the postal service from first class stamps to packages, you name it.
I wonder if we could get, you know, salary increases as easily.
O'BRIEN: So when would that go into effect, do you think? And exactly what would the math be on that, I mean, if we pay $0.37 a stamp now?
WILLIS: Well, I don't have the math for you, Soledad. Happy to get back to you.
O'BRIEN: All right, well 6 percent. I'll try to do my own math on that.
Gerri, thank you very much.
HEMMER: All right, back to Jack now on the "Question of the Day." A good one here, too -- good morning.
CAFFERTY: The budget deficit, Bill, last month, in this country, the federal budget deficit -- $113.9 billion. That's for one month. Up 18 percent from a year ago.
Rising social security and health care costs expected to help drive the deficits to record levels this year. Interest rates are rising. The fed will probably hike them, again, today. Oil prices are through the roof. Of course, there's the trade deficit. Numbers we have never even dreamed about before in the hundreds of hundreds of billions of dollars, like $600 billion plus.
In a new poll taken by the National Association for Business Economics, 27 percent of its members cite government spending and fiscal deficits as the biggest threats to economic growth.
Seven months ago, this same organization said terrorism was the greatest threat to our economy. So, we're going to let you figure it out.
The question is this, what's the greater threat, terrorism or the deteriorating economy?
AM@CNN.COM
HEMMER: All right, we'll get after it. Thank you, Jack.
CAFFERTY: You're welcome.
O'BRIEN: We're going to also, of course -- you said that with true love, Jack.
HEMMER: He did.
O'BRIEN: I like that.
We're going to, obviously, feel the pinch at the pump. But in many cases, the squeeze is even tighter at home.
Coming up, the hidden cost of the rising gas prices.
Stay with us. You're watching AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: Good morning, everyone, 07:30 here in New York, and a lot to talk about this morning.
Right back to the decision, coming just about 60 minutes ago, in the Terri Schiavo matter -- a federal judge now refusing to order the feeding tube reconnected.
We'll get a report out of Florida in a moment on that. So stay tuned for the latest in a moment here.
O'BRIEN: Also, John Couey is being arraigned right now -- there he is. That's a live picture.
He's being arraigned on charges in the Jessica Lunsford case. We're going to talk this morning about the system that tracks sex offenders. Mark Klaas is our guest as we take a look at how John Couey fell through the cracks.
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