Posted on 10/15/2003 5:31:41 AM PDT by Autie
PINELLAS PARK - Terri Schiavo's feeding tube is going to be removed today, and her parents fear they will not be allowed at her bedside when she dies. Bob and Mary Schindler had been warned by Schiavo's husband and legal guardian, Michael, that if they released a videotape of Terri Schiavo, their visitations with their daughter would be restricted.
The Schindlers released the tape Tuesday anyway, as they were surrounded by supporters carrying signs outside Hospice House Woodside, which is providing care for their daughter. Hours later, one of Michael Schiavo's attorneys, Deborah A. Bushnell, made that warning a reality.
Now, the Schindlers can't watch over their daughter as she slowly dies unless they are accompanied by her husband or someone who represents him, according to a letter from Bushnell to the Schindlers' attorney, Pat Anderson.
The back-and-forth is just the latest between the Schindlers of St. Petersburg, who want to keep their daughter alive, and their son-in-law of Clearwater, who doesn't believe his wife would want to exist in her current condition. Most physicians have said she has been in a persistent vegetative state since suffering unexplained heart failure 13 years ago that cut off oxygen to her brain.
The restrictions on visiting Terri Schiavo came at about the same time Anderson was coming to the conclusion that all legal appeals to block the tube's removal have been exhausted.
``We will try to have Mike or a representative there as much as possible after the feeding tube is removed, hopefully at all times,'' said Bushnell, Michael Schiavo's attorney.
``I told Pat we would accommodate the Schindlers to the extent that we can.''
Anderson voiced skepticism.
``I'd say it's likely Terri is going to die without her mother at her side. ... It's pretty heartless of Michael to do this.''
Bob and Mary Schindler, along with their son, Robert Schindler, tried visiting their daughter after Bushnell faxed her letter. They were turned away by one of the Pinellas Park police officers hired for security by the hospice as a precautionary measure.
Robert Schindler told WFLA, News Channel 8, ``Terri is going to die alone without her family.''
Anderson explained that all legal avenues have been exhausted.
The 2nd District Court of Appeal in Lakeland on Tuesday rejected two motions filed earlier. One asked the appeals court to reverse its decision denying ``swallowing therapy'' for Terri Schiavo.
The other motion that was denied asked that Circuit Judge George Greer be disqualified. Greer, on the strength of medical testimony, ruled therapy was unlikely to have any effect, and his rulings have been upheld.
On Tuesday, Anderson filed a motion with Greer. It asked, among other things, that Terri Schiavo be fed by mouth. But Greer denied that request, Anderson said.
``I've done everything in this case,'' Anderson said. ``I've turned over every rock.''
Stetson University College of Law Professor Mike Allen said it might take intervention from the U.S. Supreme Court to stop the order removing the feeding tube today, but that is highly unlikely. ``They've made a stop at every level of the state judiciary at least once,'' said Allen, who has been following the case closely.
The Schindlers now can only seek an emergency stay, either from U.S. Supreme Court Justice Anthony Kennedy, who handles the South, or from the U.S. 11th Circuit Court of Appeals in Atlanta - and neither of those is likely, Allen said.
Gov. Jeb Bush doesn't plan to intercede, either, although he has been sympathetic with those who want her kept alive.
``The governor does not have the authority to overrule a court's ruling,'' said Bush spokesman Jacob DiPietre. ``The governor has the responsibility to both ensure the laws of the state are faithfully executed, and give a voice to the citizens of the state. And he's done both, with a letter to the judge and the friend-of-the- court brief he filed.''
The videotape released by the Schindlers Tuesday was taken two years ago in defiance of an order by Greer that no more videotaping take place.
In the five-minute tape, Terri Schiavo, 39, makes a moaning noise as her mother coos affectionately the words, ``ma, ma,'' repeatedly within inches of her face. To the Schindlers, the tape is further evidence their daughter is ``a live human being,'' Bob Schindler said.
But Bob Schindler acknowledged the videotape was similar to one which has already been made available to the media. At Tuesday's news conference, the Schindlers also spoke of their daughter nearly falling out of her chair when a new-age healer told her over the phone if she didn't get up, she would die.
Bushnell said, if true, this, too, constituted another violation of a court order, because the Schindlers were told not to have their daughter undergo therapy without permission from the court.
Supervising the video release was Randall A. Terry, president of the Society for Truth and Justice, which he described as a Judeo-Christian pro-life and natural law group based in St. Augustine. Bob Schindler and Terry both said releasing the video violated Greer's old court order and that Schindler risked arrest on a charge of contempt of court.
``Obviously, all bets are off because her life is on the line,'' said Terry, who also founded the antiabortion group Operation Rescue.
The roughly two dozen sign- carrying supporters who served as a backdrop for the video release vowed to keep vigil as Terri Schiavo dies. Some protesters were right-to- life supporters, others anti-euthanasia and many Catholic.
Their number appeared to swell and lessen depending on how many news organizations were around.
Reporters Tom Krause and Rick Barry contributed to this report. Reporter Stephen Thompson can be reached at (727) 823-3303. Reporter Rod Challenger can be reached at (727) 536-8443.
I don't think the judge could or does believe the husband. I am wondering if the judge may have a drug or some other problem that the husband may know of.
It would seem someone involved in this case definately knows something about the judge that he does not want to get out. MCD
Of course he would. He obviously has no fear of God. Yet.
Phone line busy, email sent this morning.
ACLU of Florida 4500 Biscayne Blvd. Suite 340
Miami, FL 33137 (305) 576-2336
General ACLU e-mail: aclufl@aclufl.org
Good point. And probably some of the cops there, too.
Kogan not only supports removing feeding tubes, he also believes in physician assisted suicide. Kogan thinks that removing the feeding tube kills a patient, so it is no different than having a doctor administer drugs to kill someone.
Annual ACLU banquet honors Justice Kogan
Always the courageous judge, Justice Kogan used his years on the bench to defend a wide range of individual rights. In 1997, as Chief Justice of the Florida Supreme Court, Kogan dissented from the majority decision in Krischer v. McIver, the Florida test case on physician assistance in death brought by the ACLU on behalf of terminally ill patient Charles Hall and his physician Dr. Cecil McIver.
Few find clear-cut answers in assisted suicide debate
"The court should have been bolder," said Kogan. "We allow doctors to disconnect feeding tubes and respirators. It makes no sense to say there's a difference [from physician assisted death]. In both cases, the doctor is assisting in the patient's death."
That's not gonna happen. Her husband has ordered an immediate cremation.
Please don't cry for him. He's a rotten bastard. He's living with another woman, he has a child by her, and the only reason he wants Terri to die is because she's inconvenient. After all, he wants to move on with his life. There's also the money he gains by her death.
No, he's not going to regret anything. He can't wait for the day when she dies. They've removed her feeding tube today. I hope the bastard doesn't get his wish.
Most physicians have said she has been in a persistent vegetative state since suffering unexplained heart failure 13 years ago that cut off oxygen to her brain.
How many is most? What is the total number of doctors who looked at her? What percentage say she's in a persistent vegetative state?
What kind of state do the other doctors say she's in? A curable state?
Is any doctor saying that this woman can wake up some day?
Michael, in a secret interview, told the reporter, "While strangling Terri, some thirteen years ago, I heard her mumble "If you don't kill me, and I end up on life support, please pull the plug"."
The reporter asked what it sounded like, and Michael said, "bluhhhh,yackk....,oohhh,bluhhhhh,pahhhhh", but that he was able to translate it due to his familiarity with his wife's voice.
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