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.

[IMRight]

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.

We just don't pass laws that officially take "miracles" into account. The situation you describe is a medical decision. And it seems her doctors are convinced - her parents and their alternative therapists disagree. What's a judge to do?

The real question is what would/does Terri want? And if she had gotten a living will we would all know. Absent one, the decision falls to the husband (right or wrong).

That's why everyone should:

a) Have a living will and/or:
b) Marry better.

[trustandobey]

Can't they find a judge in the middle of the nite the way Reno did? I am so disgusted!

[WVNan]

I hope that if they kill Terri that we can find out where her so-called husband lives, so we can call him a murderer to his face many times over. Same for his sleezy lawyers and judges.

[Pan_Yans Wife]

They say he is hiding... he has received death threats.

[WVNan]

Good. I hope he has to hide the rest of his miserable life.

[alancarp]

By my reading of the Florida Statutes, the Governor has the legal authority to issue an Executive Order declaring a state f emergency regarding the imminent threat to the health of a citizen of Florida, and thereby directing the Dept. of Health and the Agency for Health Care Administration to solve the emergency -- which can extend for up to 60 days... unless then renewed (by the Governor!)

Obviously, the statutes were written with the expectation that some sort of natural disaster or calamity impacts tens, hundreds, or thousands of Floridians.... however, there is no "count" or indication of "scope" that is required before a state of emergency may be declared.

See Fla. Statutes Chapter 252 (emergency management; http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0252/Sec36.HTM) . The Governors emergency management powers are defined in 252.36.

[protest1]

What "state" would that be??

All reports indicate she is HAPPY. She may not be fully aware of all her surroundings but as she is happy being cared for by her supportive family I can see no reason to kill her.

You talk of "logic" but where is your compassion or love for an innocent woman condemned to death?

[honeygrl]

"It seems great for them to want her until the end of their lives, but what happens to her after that? "

If I'm not mistaken, she has atleast one sibling.

[alancarp]

I'll further add some fuel to this fire: pursuant to 252.36(5)(d), I also suggest that the Governor -- after delcaring a state of emergency -- commandeer the private resident of Schiavo's husband in order to provide a staging area for the state team to begin resolving Terry's health care emergency.

[palmer]

I think it's a moral decision, not a medical one. There are no medical tests for whether someone is loved in whatever state they may be in. There aren't very good medical tests for whether someone may be conscious; as shown in other threads people may be conscious but unable to express themselves.

The main problem is that medicine, like all science, is amoral.

[88keys]

See Fla. Statutes...

I do hope you might be on to something here..."interpretation of laws" can work both ways! Thanks for the "research"!

[alancarp]

oops: "residence", not "resident"

[BCR #226]

Show me in writing where she proclaims this... it's his word against... well, she can't talk now can she.

There is a great deal of evidence that she was put in this state by her husband. His actions betray his greed at the expense of her life. At this point in time, anything he says or does should be viewed with suspicion. The actions of the courts should as well.

I don't believe Michael Schaivo has Terri's well being or wishes in mind. There is evidence, albeit it questionable, that she doesn't want to die as provided by her parents. I trust her parents more than her husband...

Mike

PS- this is why I have a living will... there is no mistaking my wishes or claims of thing I may have said. It's all in writing.

[Twinkie]

She has a brother and a sister.

[Theodore R.]

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

That's an easy one to answer. We don't believe the "husband." He is not even a "husband" worthy of quotation marks!

[Bronco_Buster_FweetHyagh]

"""""""""""

I don't believe Michael Schaivo has Terri's well being or wishes in mind. There is evidence, albeit it questionable, that she doesn't want to die as provided by her parents. I trust her parents more than her husband...

Mike

PS- this is why I have a living will... there is no mistaking my wishes or claims of thing I may have said. It's all in writing."""""


This is an incredibly difficult situation. I think this is why in California, like probably in many states, the decision to "pull the plug" must be something that is done in writing, or appointing someone to make that decision for you must also be done in writing.

Ultimately, I would hope that the law is decided in favor of life, in favor of resolving any doubts whatsoever on the side of life. But, where there is a disagreement between the husband and the parents, etc - sheesh, it's not easy stuff.

Maybe where the husband is opting for death, but the parents opt for life, the law should go for the one choosing life?

Hopefully, all this passion and effort will not die with her, but will be channeled into changing the law.

[isrul]

I read something in the Florida constitution that the governor has the power to intervene to protect persons, property etc. in an emergency. Terri is a person. This is an emergency. He is free to exercise his executive powers as he believes is appropriate. That is not against the law even it is not in agreement with a court ruling. I don't know where anyone ever got the idea that the courts have the final say in anything. This even applies to the Supreme Court. Abraham Lincoln ingnored their ruling as did WJC. That just about covers the full spectrum of morality. If , after the governor takes executive action, I belive there are remedies in the legislature (impeachment, for one) and also the people may remedy it by voting him out of office. Either remedy is OK by because by the time they could be implementd tht Schindlers could have absconded Terri out of harms way to a safe haven. It's not a question of legal authority. It's a question of will.

[walford]

"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." [Terri Schiavo does.]

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=35077

"...he was holding a cell phone to Terri's ear as she listened intently to the speaker, propped in her jerry-chair at about a 30-degree angle. Suddenly she sat up straight and tried to get out of her chair, despite her weak legs and muscles that were slack from lack of exercise.

His daughter's response stunned Schindler, who grabbed the phone and asked, "My God, what did you tell her?"

The speaker said he had warned, 'If you don't get up and get out of there, you're going to die there.'..."

[Just because you wouldn't want to live that way doesn't mean that Terri Schiavo should be deprived of her chance. You are assuming that Terris condition can be improved. She has been denied rehabilitative therapy. Contrary to what you've been fed by the media, she's not 'comatose' she is not a 'vegetable.' She's brain-damaged, but conscious and aware [well, they probably are doping her now, that they're starving/dehydrating her to death]. Read my article story that G Gordon Liddy read on the air yesterday:]
http://www.aim.org/publications/briefings/2003/oct14.html

[BCR #226]

This situation IS difficult as you say. The circumstances are horrific and compounded with the fact that her husband has not done as he said he would do when he filed the malpractice suit years ago.

He stands to gain a great deal of money upon her death. The money earmarked for her care has been hoarded at the expense of treatments that could have helped her. This alone is reason enough to remove his rights regarding her.

I view this situation as a conflict of interest case and legally it should be viewed the same way. At the point where a doctor was willing to give her therapy at no cost, and Michael refused, that was the point where his true interests came clear. He wants her dead.

I also don't think his approach to refusing to allow the family to see her unsupervised says much for him. To quote a friend... he's lower than whale s#!t in my book.

Mike

[Therefore]

There is one important fact that I've not seen discussed. A patient can reverse their decision for a living will at any time and it must be honored by the medical profession.

I'm a nurse and work at a nursing home. I took care of a patient that had a living will and we had instructions not to send her out again to the ER. I work nights and she went into respiratory distress one night. She looked at me and said, "I need to go to the hospital. It's the only way that I can live." You better believe that I made the necesary calls. When I spoke with the doctor he said, "I thought she wasn't to go out again." I replied, "Yes, sir. But she said....." He replied, "Send her out" and I called 911. She has since died, but it was peaceful and she was at rest.

In reference to Terri, she could change her mind at any time and that DNR or living will will be invalidate. The sad thing here is that she wasn't given the chance to change her mind, if she really did say that to her husband.