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.
This is absolutely insane. If ever there was a case for civil disobedience and defiance of a (kangaroo) court order, this is it.
Roger that.
Time for her father and her brother to do what's needed to get her someplace safe. Anyone who interferes is fair game.
Well, that answers my question. No wonder he never divorced her. If no one steps in and she dies, I hope this rotten bas*** fries in hell. What a despicable human being.
Why does the judge believe the husband on this? I would have to see written proof with her life at stake. My God, he's been living with another woman he has children with, why in the hell did he not divorce Terri years ago? One word..... money. I have not paid any attention to this case until I saw the videotape on GMA this morning. I was expecting to see someone in a coma, but she sure didn't look comatose to me. A vegetable, yes, but definitely not in a coma. If her family is willing to seek therapy for her and take care of her, he should just step aside. He apparently moved on with his life years ago.
Heads up, and please review the petition on post #19 ...Thanks, TxBec ! I signed it !! ...
Please let me know if you want ON or OFF my Florida ping list!. . .don't be shy.
I'm sick too.
Please, people, do your part and just email Jeb. NOW. It's the least we can do.
sw
The same husband who already has had 2 children with his "fiancee".
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