Posted on 10/18/2003 12:10:04 PM PDT by walford
PINELLAS PARK, Fla. - Two state courts have denied last-ditch efforts by the parents of a disabled woman to reinsert a feeding tube was keeping her alive, in a legalbattle that pitched the parents against the woman's husband.
AP Photo
AP Photo Slideshow: Fla. Woman's Feeding Tube Removed
The husband, Michael Schiavo, successfully fought to have the feeding tube removed this week, but her family vowed to fight to have it reinserted. Doctors say Terri Schiavo will die within two weeks.
The last-minute legal tactic would have directed Gov. Jeb Bush to intervene in the case, supporters of Schiavo's parents said.
A Tallahassee judge rejected the request, saying it should have been filed in Pinellas County where the case originated. The 1st District Court of Appeal in Tallahassee then denied the request without comment.
Through several years of legal battles, Bob and Mary Schindler have maintained hope that their daughter, who has been in a vegetative state since her heart stopped in 1990, might one day be able to talk.
Schiavo's husband, Michael, said his wife would not have wanted to be kept alive artificially. He won the fight, and the tube was disconnected Wednesday.
"I hope and I pray that (people) never have to go through watching their son or daughter die a horrific, cruel death — slowly, minute by minute," Mary Schindler said.
Bush has been sympathetic to the Schindlers' efforts, but said he has found no legal means to override the courts.
The Schindlers wanted the court to compel Bush to order an investigation into their allegations that Michael Schiavo has abused Terri Schiavo. They say they want the tube reinserted so law enforcement can investigate.
Michael Schiavo has adamantly denied mistreating his wife, and state police and prosecutors have declined to investigate the claims.
Pat Anderson, the Schindlers' attorney, said she was not surprised by the judge's swift denial. The legal battle between the Schindlers and their son-in-law has passed through the hands of 19 separate judges and now six different courts.
"There has been an awful lot of judicial attention to this case," Anderson said. "Judges don't like to second-guess each other."
George Felos, the attorney for Michael Schiavo, said it was preposterous to think that any judge or court would issue an order requiring the governor to intervene. "Apparently the judges (in Tallahassee) felt the same," he said.
______________________________________________________________ Your description of Terri Schiavo's condition is inaccurate. She has not been in a 'vegetative state' or 'comatose' as has been described in your wire service reports carried by various news outlets. This description provides a more accurate account of the dispute over her condition:
http://www.aim.org/publications/briefings/2003/oct14.html "Terri's parents insist that she is mentally impaired, but not a 'vegetable.' They have posted videos of her looking at and responding to people around her, but Michael's doctors insist her reactions are merely unconscious reflexes. Judge Greer would not allow Terri to be examined or treated by any doctors not approved or selected by Michael Schiavo or himself."
The referred videos can be seen here. http://host85.ipowerweb.com/~friendso/vid.html
The way your wire service reports are framing the story, there is a woman who is little more than a warm piece of meat kept alive for no good reason. Her compassionate husband is fighting to relieve her suffering while a bunch of religious kooks are cruelly trying to keep her alive out of religious fanatacism. This is not the case, and I wonder why your service is choosing to frame the story this way. Is there any ideological sympathy with the euthanasia movement amongst your staff?
Terri Schiavo was responsive and aware. I have to say past tense, because she has been deprived of food/hydration since Wednesday. The hospice that is holding her alread indicated that she would be sedated in that event.
I strongly urge you to fulfill your resposibility and provide complete, fair and accurate coverage.
William R Alford Accuracy In Media
This case has reminded me to once again for about the fiftieth time, let my family know that under no circumstances ought aritifical means be used to keep me alive.
If I am unable to care for myself or be cognizant of those around me I do NOT wish to be saved for someone else's crusade.
So when will Jeb Bush stop this - after she's dead?
FMCDH
Depends on the state, of course, but who's SOL here?
Soitenly.
1. Is it true that there is very little money left (from any insurance policy on Terri) and her husband has nothing to gain from her death?
Much of the Terri's trust fund has been looted; it's unclear how much remains. On the other hand, if she ever gets another guardian that person could demand an audit of the trust fund. Such audit would land Felos, Schiavo, and possibly Greer in prison.
2. Is it true that, although her husband says it was her wish to die (if she should be in a comatose state) even though she left no physician's directive...it was just her words to her husband?
More likely it was her husband inventing such a claim out of thin air.
3. If there is no money or other benefit coming to Terri's husband at her death, why on earth should he mind if her folks took over her care?
If anyone other than Schiavo becomes Terri's guardian, Schiavo and Felos, and possibly Greer, go to prison for embezzlement. If Terri ever recovers and can remember some of the things that have happend in the hospital or hospice, Schiavo and possibly Felos go to prison for attempted murder. If it can be proven that these people committed and condoned perjury to have her killed, the go to jail for an attempted murder conspiracy.
Those seem like pretty sound reasons to me.
This is one WEIRD case!
It also highlights a major problem of the current legal system: a judge is selected before the first case dealing with a particular matter; any challenge to the selection must happen before the first case is heard. Once the selection is made, all future cases dealing with that matter go before the same judge. Appeals courts are bound to accept that judge's findings as fact, even when they are contradicted by 99.44% of the evidence.
Even before the Schindlers stepped into the courtroom for Schiavo's first custody hearing, the fix wa already in. The only reasons Terri hadn't been murdered before are (1) Terri survived earlier attempts on her life; (2) Schiavo et al. didn't think starvation would be necessary.
Something needs to be done to limit trial courts' inescapable power over cases.
Put up or shut up!
Make sure you put it in writing. Our state has a living will statute, and after it's signed and witnessed, it's got to be filed with your doctor(s) AND with the hospitals before it's honored.
AND we have a living will that goes to the hospital if I go.
When my husband was admitted to our local hospital they ASKED if we had a living will and we gave them a copy.
I only hope and pray that people who have their own agenda and not my personal wishes don't get themselves inserted into our family.
When I get calls from people asking where they can get a living will (in our state, it's called Durable Power of Attorney for Health Care), I refer them to our local hospitals--they all have it--and to the Senior Center, or I print one out for them free.
I've got one, my hubby's got one, my daughter has one. My mom's got one, my sisters and their husbands all have one. Ditto for my husband's side of the family. We had them long before the Terri story became front burner. We don't want any question as to what our desires are.
I hope by expressing our wishes in writing, we've avoided our families being torn apart and we becoming a battleground.
Maybe so but the whole system of appeals is supposed to overturn judges who are egregiously off-base. That didn't work in this case and you can conjecture all sorts of reasons why. We know there are people who look at someone in Terri's situation and say, "Hey, I wouldn't want to have to take care of her." Or, "I wouldn't want to live like that." And some of those people are judges. It'd be naive to think judges interpret the law without bringing their own personal bias to the table. Happens all the time.
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