Judge denies last ditch effort by Schiavo's parents

The St. Petersburg Times ^ | 10/17/2003 | The associated press

[walford]

A circuit court judge today denied a last-ditch effort by the parents of a disabled woman to reinsert a feeding tube that was disconnected by her husband. Supporters of Bob and Mary Schindler said the writ of mandamus would direct Gov. Jeb Bush to intervene in the case of Terri Schiavo. Leon County Circuit Court Judge Jonathan Sjostrom quickly rejected the writ. Randall Terry, the anti-abortion activist who has taken up the Schindlers' cause, said the legal move was made by the Schindler's attorneys in hopes it would give Bush legal standing to intervene. The governor has been sympathetic to the Schindler's efforts block their daughter's death, but has said he has yet to find a legal means to override court rulings that allow Michael Schiavo to disconnect the feeding tube. The Schindlers want the tube reinserted so law enforcement can investigate their allegations she has been abused by her husband. Michael Schiavo has adamantly denied mistreating his wife, and both the Florida Department of Law Enforcement and the Pinellas County State Attorney's Office have declined to investigate such allegations.

[tutstar]

Terri's parents aren't the only ones who are convinced

http://www.freerepublic.com/focus/f-news/1002670/posts

there is also the video at www.wtlv.com

[TheOtherOne]

He has stated that is was her wish not to be kept alive under these circumstances. (Either you belive him or you don't) Many people believe, even if those were her wishes, she should be allowed to be fed and her parents should become guardians.

While, I usually would side with the expressed wishes of the person, in this case, I might defer to the parents. But, here is my question, who will take care of her (both physically and mentally) if her parents take over gaurdianship and then pass away. It seems great for them to want her until the end of their lives, but what happens to her after that?

[millefleur]

. Michael Schiavo has adamantly denied mistreating his wife, and both the Florida Department of Law Enforcement and the Pinellas County State Attorney's Office have declined to investigate such allegations.

perhaps, someone was bought off low in this chain and it has been covered up all the way to the top...? I'm sure this has been discussed but I missed those posts. I wonder if someone outside this Pinellas County area could use state law to demand investigation for physical abuse by the husband or at least a thorough autopsy before cremation?
please send me a post anyone where this has been discussed because I'd like to read it. thanks.

[GraniteStateConservative]

It'd be more humane to kill her a different way.

[agrace]

She's got a younger brother and a younger sister who have been just as vocal about wanting her to live. I'm sure they would step up in that case.

[muskogee]

What if Terri had filed for divorce? I am assuming someone could have taped a writing pen to her hand to sign the necessary papers. Would a court have summarily granted the divorce on grounds of adultery? As the law sits in my state, even a so called "vegetable" can get a divorce-- the court appearance can be waived.

[BlessedBeGod]

You forgot Jessie Jackson. [sarc]

At this point, if that would work, I'd be in favor of him going down there, too. [desperation]

[IMRight]

Removing her feeding tubes, in my opinion, is homicide.

OK. I agree - not that our opinion counts. "Homicide" is defined by law.

Would you consider it homicide to unplug the life support of someone injured in a terrible accident who had no medical hope of recovery (and say a few years have passed)?

[oprahstheantichrist]

"You forgot Jessie Jackson. [sarc]

At this point, if that would work, I'd be in favor of him going down there, too. [desperation]"

Never happen. Schindlers are white.

[TaxRelief]

This is FLORIDA, remember?

Of course the judges are in collusion and in fear for their lives. We need to uncover the connections here.

[FortWorthPatriot]

I like the "go in and get her" option.

I do, too. How is one lone police officer going to stop a group intent on rescuing her? Just give me one squad of Marines - if not, one fire team...

[OldFriend]

No sense expecting logic from the folks on this thread.

Wonder how many would wish to be kept alive another dozen years or more in that same state.

[Calpernia]

Where are the human shields now?

[88keys]

"The governor has been sympathetic to the Schindler's efforts block their daughter's death, but has said he has yet to find a legal means to override court rulings that allow Michael Schiavo to disconnect the feeding tube."

This is what is such a tragic dilemma. Here's another "irrational, emotional outburst" just for benefit of C.E. if he comes back...how can the courts possibly allow Mr. Schiavo to order his wife's presumed death, based solely on his uncorroborated testimony that that would be her wish???

The simple and compassionate solution here would seem to be for Mr. Schiavo to divorce his wife, be allowed to keep whatever remains of the money he was given for her care as compensation for his "pain and suffering", drop all current legal actions, agree to forego any future legal actions in regard to Mrs. Schiavo, and relinquish all guardianship and other legal rights to her care to her parents.

The rest of the "emotional outburst"...it sadly does not appear that Mr. Schiavo is determined his wife should die because he has such deep and profound love for her, and that's the problem...he is not at all convincing in arguing either for her desire to die or for the means that will likely accomplish it. Likewise, her parents seem to be unwilling to "let go" in the face of apparently impossible "odds" for their daughter's recovery; we've all known (or even been) people who have "crossed the line" in taking "heroic measures" (as in, "alternative, last-ditch efforts")...

But given the circumstances as we know them, which "party" seems more credible? and what's the harm if the parents are given custody?

Three things we can do: hope and pray that the shock of removing the feeding tube results in Terri "waking up" more, rather than dying (God is good); start a fund (or contribute to an existing fund) to help Terri's parents provide for her care should she survive and the parents are given her custody; and finally, do whatever might be possible (?) to investigate the whole issue of "guardianship" and amend the laws that permitted this situation to come about in the first place.

[Bronco_Buster_FweetHyagh]

""""""""
At this point, I wouldn't condemn citizen intervention in the matter by force... It's a sad day when such action may be needed to protect the innocent in our nation...

God bless Terri and may he damn her husband to eternal thirst in the hottest hell.

Mike
"""""""

If I understand the case, the husband claims that the wife told him she would not want to be indefinitely sustained by artificial means in this type of situation?

I guess I don't understand why so many people seem to be so angry that the husband is carrying out her wishes?

[palmer]

no medical hope of recovery

That's not the only criteria. Even a "scientifically" hopeless case can still live a life with some meaning: based on who they were, who still loves them, whether they can respond in even a small way, or whether they have some awareness of their surroundings.

[Pan_Yans Wife]

Go to www.terrisfight.org

You'll learn a great deal about Terri Schiavo.

[Warren_Piece]

I guess I don't understand why so many people seem to be so angry that the husband is carrying out her wishes?

I'll be blunt. We don't believe him. He's already had children by another woman, and this whole thing stinks to high heaven. Go to her website and you'll see the preponderance of the evidence.

[FairOpinion]

"I guess I don't understand why so many people seem to be so angry that the husband is carrying out her wishes? "

===

He CLAIMS that. There are no written instructions, no evidence.

Why do the husband's wishes trump the wishes of parents?
This is what I don't understand.

This is a two part problem -- my point above is, I think the most important part.

Then one can have a discussion as to the real state of Terry, whether she is or is not in a vegetative state. I saw the video on TV, where she followed the movement of a balloon with her eyes -- this is NOT reflex action.

[Semper Paratus]

This is FLORIDA, remember?

Another judge in Citrus county accepted a scrawled statement on stained scrap of paper as sufficient to overturn a notarized will and send Ted Williams, in 2 pieces, to the cryo tank.