Schiavo life fight waged in Tampa court, state capitol

herald tribune/ap ^ | 10-20-03 | VICKIE CHACHERE

[MarMema]

TAMPA, Fla. --

A watchdog agency for the disabled pleaded Monday with a federal judge to keep a brain-damaged woman in the process of starving to death alive long enough to investigate a claim that she is being abused by her husband.

The court argument came on a day of frantic activity from Tampa to Tallahassee by backers of Bob and Mary Schindler's efforts to keep their daughter Terri Schiavo alive and reverse a court order which is allowing their son-in-law to end her life with last week's removal of a feeding tube.

U.S. District Judge Steven Merryday did not immediately rule on the request for an injunction from the Advocacy Center for Persons with Disabilities, the state-appointed organization which monitors the treatment of disabled adults in Florida. Merryday said he intends to issue a decision by the day's end.

Gordon Scott, an attorney for the Tallahassee-based organization, wants a 10-day injunction to give it time to investigate whether the removal of Terri Schiavo's feeding tube is an act of abuse. Scott said after talking to her parents and a neurologist, he is not convinced that Terri Schiavo is in a persistent vegetative state and is not feeling pain from starvation and dehydration.

Scott said his agency has a right to investigate whether Terri Schiavo was mistreated regardless what the judge rules, but wanted to keep her alive in the event the investigation turns up evidence she can feel what is happening to her. He didn't specifically ask that the feeding tube be reinserted, but that doctors do what is needed to keep her alive during the investigation.

George Felos, Michael Schiavo's attorney, said the federal judge has no jurisdiction to involve itself in the case and characterized the group's efforts as yet another attempt to undo repeated state court rulings giving Michael Schiavo permission to carry out his wife's wishes.

Michael Schiavo ordered his wife's feeding tube removed last Wednesday following a long-legal battle with his in-laws over her fate. Terri Schiavo suffered severe brain damage in 1990 following a heart attack and has been declared by a Pinellas Circuit Court judge to be in a persistent vegetative state.

Michael Schiavo has said his 39-year-old wife never would have wanted to be kept alive artificially. Her parents contend she has enough brain function to respond to them and express emotions.

Meanwhile, at the Pinellas Park hospice where Terri Schiavo is being cared for, her family said Terri Schiavo appears to be in stable condition.

"She seems to be alert," said her brother, Bob Schindler Jr. "But every day that goes by, we're getting into a crucial time for her. She's got an incredible will to live."

In Tallahassee, some lawmakers who gathered for the special session on economic development issues on Monday discussed trying to pass legislation that could save Schiavo's life.

House Speaker Johnnie Byrd, R-Plant City, said negotiations were under way to see if some kind of a moratorium could be passed Monday to keep Schiavo alive.

Lawmakers were eyeing "moratorium on the removal of nutrition and hydration from those who do not have a written directive and where there's a contest among the family about how to deal with this," Byrd said.

"So it would be a very, very narrow approach, but it would be one that would apply to Terri's case," he said.

Senate President Jim King, R-Jacksonville, said he was not in favor of taking up the Schiavo case.

"Our family prays that the members, including Senate President Jim King, will put any politics aside and approve this bill for the sake of Terri's life and also for the sake of future Terri Schiavos," said sister Suzanne Carr.

Gov. Jeb Bush told the Schindlers that his staff would search for legal ways to save their daughter's life, but they haven't yet found a way.

"The legal ways, the remedies, don't exist," Bush said Monday. "We've tried every possible legal remedy and have been shut down by the courts."

Bush said he's done everything he can.

"I wish I could wave the magic wand and resolve this but every effort that we've had or every effort that has been proposed has either been thwarted by the courts or would be inappropriate," he said.

Attorneys last week crafted a motion to compel Bush to order an investigation into their allegations that Michael Schiavo has abused his wife. They wanted him to order to the tube reinserted so law enforcement can investigate, but two separate state courts rejected the motion.

[helen crump]

Wasn't there a case in
Texas a few years back in which a minister tried to kill his wife. If I remember correctly the wife was in a vegetative state and as far as I know still is. I think the minister's name was Walker Railey or something similar to that. In that case, he somehow obtained a divorce from her and went on with his life. Could Terry's husband do the same in this case and leave her with her parents and others who care for her? If she got the 750,000 in the settlement they could then use that money to pay for therapy.

[joesnuffy]

Ya mean Jim King (R) Senate Prez who is on the Board of Directors for the state of Florida's Hospice Program...last years Hospice award winner....??
That Jim King?

[nickcarraway]

ping

[FR_addict]

He will not obtain a divorce and he refuses to let her parents take care of her.

[walford]

Say, where's the post by someone who jumps right in without first learning the particulars and says:

'What's the big deal? She's a veggie right? I wouldn't want to live like that.'

Then there are a few follow-ups explaining that a PVS person doesn't respond to people around them as Terri does/did. Patiently [or not] it is explained that hubby got the malpractice award arguing that he needed the money to take care of her, then stopped the rehabilitative therapy as soon as he got the bux. Soon afterward he knocks up another woman twice, but won't divorce Terri. The Judge has financial ties to the hospice industry. Hubbies lawyer is a big mercy-killing fan.

- Then the person starting this digression responds [obviously not reading closely and clicking on the accompanying links]: 'Well I still don't agree. You and the courts should stay out of this and let this poor man go on with his life.'

Then I come in and say:



Well, with that out of the way, has anybody learned anything new about this new court action or the proposed legislation? Please ping me.

[helen crump]

Is there no way for the family to seek a divorce on her behalf on the grounds of desertion since he has been engaged to someone else for 7 years?

[maxwellp]

I sent an e-mail to this King jerk and asked him to save Terri and received an automated response saying nothing. I'll wait until we see what happens to Terri and then e-mail him back with my thoughts on the defenseless in our society. Still praying for a last minute miracle.

[stanz]

I got the same thing. Why wasn't the bill introduced? He had nothing to do with blocking it. It never came up for discussion.

[honeygrl]

ping.. This gives a little info to clear up some confusion about the Terri's Bill thing. (has quote from Byrd)

[honeygrl]

oops i didn't realize you were already on this thread before i pinged you.. sorry

[Catspaw]

From the update section in the St. Petersburg Times:

Byrd joins Schiavo debate
House Speaker Johnnie Byrd, R-Plant City, wants the Legislature to block a court order removing the feeding tube from Terri Schiavo, the brain-damaged woman whose case has gotten international attention.

"I think it would simply be a moratorium on the removal of nutrition and hydration from those who do not have a written directive and where there's a contest among the family about how to deal with it,'' Byrd said today. "It would be a very, very narrow approach, but it would be one that would apply to Terri's case.''

 The Senate, however, seemed less interested in delving into highly emotional issue, especially in the during the five-day special session that began today to consider a proposal to pay millions of dollars to move a branch of the world's largest private research center to Florida.

"All of this came up as of yesterday evening, at 10 o'clock at night, first I heard of it,'' Senate President Jim King said. "We're trying to figure out what to do with it.''

King said he opposed the idea, but it was not clear if he would block it.

Byrd, who is running for the U.S. Senate, put the issue in pro-life terms.

"The real issue for me is, am I doing everything in my power to protect life, and that's what I want to do. I never want to look back,'' Byrd said. "I have three daughters and I think Terri Schiavo is a very beautiful person. I've seen photos of her and I've seen her parents, who love her and want to protect her.''

Bush, who has told Schiavo's parents he would do what he could to intervene to save their daughter, has not taken a public position on Byrd's proposal.

- Steve Bousquet

[stanz]

That's O.K. Honestly, I'm getting confused by all the threads. I'm just depressed that our hopes are lifted only to be crushed again. I can't imagine what Terri's family is going through. It doesn't seem possible that in this country nothing can be done to help this woman. Criminals are treated better.

[maxwellp]

It looks like it would take quite some time, from King's picture, to starve him to death! Wonder how he'd like it. What I really want for Terri is some rehabilitation, which her husband denied her. Let's see if she can swallow and respond to other stimulus. This whole case has something very smelly about it. The fact that Terri's family are willing to take over her care and her so-called husband refuses it, even though they say he can have all the money, is highly peculiar. Terri's father has said he thinks the husband is guilty of physical abuse and because he won't give over the care of Terri to her parents makes me think so also.

[The Red Zone]

What ghouls. I hope that if they do succeed in kicking her off this mortal coil she "comes back" to them... on Halloween. (God's permission to Satan to test them.)

[Florida Mama]

Either he doesn't tell his office people anything or the woman many of us spoke to is a terrific liar..

You got that right, that is NOT what was said to me today on the phone..

None the less, I am holding out hope for Terri and her family tonight.

Blessings~
Heather

[seekthetruth]

I also think Terri's husband is guilty of a LOT of things. He most definitely does not want Terri to be given a chance to talk. That is why he cut off her rehab early on, as she was beginning to say yes/no/ ect. This is unbeliveable! That a husband is being allowed to kill his wife right in front everyone! It really makes me ill that Jeb will not stop this murder! I and many others will not forget!

[Graymatter]

Correcting myself, Merryday was appointed to the USDC by President GHW Bush in 1992.
Got that from a brief bio at http://www.flabar.org/divpgm/pu/fcpcsurvey.nsf/0/e7b9aedbd4b3489885256acc00583698/$FILE/Bio.pdf

[kancel]

>>I'm no fan of government programs but I am concerned that when someone tries to make an effort to get off welfare and be self-sufficient there are no resources available to do it. <<

He wants the money. If he divorces her he doesn't get the money when/if she does die becuase he won't be her "next of kin." The only way to insure he gets as much as he can free and clear is to kill her off as quickly as he can while they are still married.

[kancel]

The cut ans paste was from another article I was reading but the reply is to you about this thread!!

[honeygrl]

And here is a statement someone found that Michael Schiavo made today:
http://www.freerepublic.com/focus/f-news/1004173/posts?page=597#597