Insider shifts stance on removing Schiavo 's feeding tube

St Petersburg Times ^ | NOV 6, 2003 | MARY JO MELONE

[george wythe]

On the crowded stage where the melodrama about Terri Schiavo is played, Richard Pearse Jr. had a smallish role.

The Clearwater lawyer served as Schiavo's guardian ad litem for a year, from the middle of 1998 to 1999. His job was to represent the young woman's interests in one of the hearings where Schiavo's husband sought removal of her feeding tube.

Pearse investigated her case. He interviewed her relatives. He read the medical records.

Then, in December 1998, he recommended to the judge that the feeding tube remain.

His reasons have become familiar to us all:

Terri Schiavo's own wishes were unclear.

Her husband had a substantial conflict of interest, Pearse said. If the tube were removed and she died, Michael Schiavo stood to inherit $700,000 left over from a malpractice settlement. Pearse also was troubled by Schiavo's conduct. He had stopped trying to get therapy for his wife after the money came through, Pearse said.

Pearse also noted that Terri Schiavo's parents, Bob and Mary Schindler, had a potential conflict. If Michael divorced his wife and the Schindlers took over her care, they would stand to inherit the $700,000.

Pearse's recommendations went into the thick file of the Schiavo case. January 2000 brought a weeklong trial. When it ended, Pinellas Circuit Judge George Greer drew other conclusions. Terri Schiavo was in a persistent vegetative state, he said. There was no doubt of that. Her feeding tube could be removed.

I went back to Pearse earlier this week because the feeding tube is still the issue of the hour. The intervention of the governor and Legislature saw to that.

I wanted to test the strength of my own opinions. Was I wrong to side with Michael Schiavo?

Was I missing something more clear to somebody on the inside of the case, like Pearse?

Well, yes, I was. I didn't know that Pearse's views had changed since 1998. He no longer opposes the removal of Terri Schiavo's feeding tube.

Here's why:

Most of the medical testimony, given at trial and after Pearse issued his recommendations, concluded she would never recover.

The primary reason for Michael Schiavo's conflict of interest is gone. Only about $50,000 of the original $700,000 settlement remains. The rest reportedly went to Terri Schiavo's care and legal fees.

The case itself has been closely scrutinized by judge after judge, and their findings have been unanimous. The judges thought they knew what Terri Schiavo would have wanted.

They also found Michael Schiavo credible. Even with a conflict of interest, Pearse said, he could be right about his wife's wishes.

One day, this all must stop.

Pearse has a word for what is needed.

Finality.

That's what courts are supposed to provide, Pearse said. They are supposed to sort through our biggest disputes and put them to rest.

Once the governor and Legislature stepped in and pushed through Terri's Law, the courts were denied their usual role.

Pearse called the law stunningly bad policy.

Note to the GOP: Pearse is a Republican.

He predicted, as others have, that Terri's Law will be struck down as unconstitutional, a case of unequal protection under the law. The concept means that it's illegal to give Terri Schiavo a right that others don't get. Terri's Law was written to cover her situation and hers alone.

The fight now is on two fronts.

In one court case, Michael Schiavo mounts a challenge to Terri's Law, before Pinellas Circuit Judge W. Douglas Baird.

The other battle is before Judge Greer, as it has been for years. Terri Schiavo's parents are asking, as they have repeatedly, for the ouster of Michael Schiavo as his wife's guardian. Like Pearse, the rest of us can only watch.

- You can reach Mary Jo Melone at mjmelone@sptimes.com or 813 226-3402.

[battleax]

IMHO this is all about making euthanasia legal. I have repeatedly said abortion will never be outlawed because it is the fore runner of euthanasia. By allowing Terri to die with the removal of her feeding tube sets a precedence whereby others have control of your life and if they want to get rid of you they can do it legally.

[GladesGuru]

Thank you for spelling out just how deep is the rot of socialism driven agendas in the Sheeples Republic of FloriDUH.

You also defined the bad boys on the socialist side of the aisle, and even included some mention of their motivation.

I have seen numerous cases where competent scientists were forced to recant by a socialism driven 'crat. It is an experience akin to taking a time machine back to observe Torquemada and his Merry Band of Inquisitors at work.

I also watched a lawyer who had been Speaker of the House, and was considered by other lawyers to be the best in his field, betray a client by not introducing evidence of egregious agency violations of a client's Constitutional guarantees.

Why? Because the result, if he had not betrayed his client, would have been the destruction of his career and probably his firm. The system would have simply run him around the legal hoop longer than other lawyers from other firms. The pattern of higher costs that would result would not escape the notice of clients. Soon clients would go elsewhere.

Even though he was a senior partner in one of America's largest firms, the system, and the agencies, still would have brooked no such departure from the socialist agenda. This quintessentially good man and outstanding lawyer faced financial ruin both personally and for his firm.

Since lawyers make a living through their membership in the"Brotherhood" they are exceeding reluctant to cross the system. And in FloriDUH the system is deeply socialist.

Look out citizens! As Jefferson said "a government strong enough to provide everything you need is strong enough to take everything you have." Including your life. Even when your family is willing to take care of you, as the Schindlers have offered to do in the case of their daughter.

Summation: Reduce the size and power of government before it takes everything you have. Even your life. And it will be done in front of your helpless family and friends.

[Diva Betsy Ross]

Hi Harv .. me again,, where the heck is that link and/ or your proof of your" PAC for Terri". For a guy who defines most of the other posters here fighting for Terri as emotional and clueless, you are laughable. You attack people who ask questions about the validity of your "PAC for Terri" And you continue to post your nonesense, as if people haven't asked you for the proof that you are who you say you are. If all of your "experts" are running all around doing such great work, surley there is some tid bit of proof you could show us.

I , for one think you are full of it. Why don't you prove me wrong with same hard facts that I can verify you are who you say you are?

[saveterri1]

JoeFromSydney - Ausi? I lived in Sydney 5 years in the early 90’s, loved it. Hey, Great Post! Right, Terri is not dying and medical advances are totally outstripping existing laws. Of course, the existing laws in Florida s--k anyway on this type of case, IMO.

My/our position has been clear since Day One. Michael should give Terri to her parent, it they have the ability and financial capacity to take care of her for the rest of her natural life.

(Note - Many FR people are forgetting that if Michael gave Terri to the Schindler’s tomorrow, no strings attached, a Judge could block it because the Schindler’s cannot pass a “Means Test” (say they are dead broke from the legal battle) and it is not cheap to keep up with Terri...Just something to think about.) (FR’s posters that beat on me here, don’t understand there are 4 - 5 ways easy to still lose this Case...some of us are not forgetting)

If you have not seen this thread, you might want to check it out:

Miami Gardens Woman Has Been Caring for Comatose Daughter for 33 Years
http://www.freerepublic.com/focus/f-news/1012467/posts

I will post to this thread tomorrow in a little more detail. However, I have an associate, an MD, PhD, who has a niece that has been just like Terri, for 42 years! Like this women in the article her niece lives at home and is well taken of, seems happy for a semi-PVS, “healthy as a horse” for being semi-PVS, and has totally baffled all the medical experts in the U.S. that have reviewed her Case. Only difference between her and Terri, is that she has had therapy where she can still eat spoon feed baby food and liquified food, instead of living on a gastric tube. (Note -Terri is semi-PVS, not PVS - PERIOD per a top neurologist in the world who has reviewed her case and films for us)

Per my associate, the docs thought this women would live maybe 15 years tops. 27 years later, her parents have never been able to come to the decision to stop feeding her and let her starve to death. As devote Christian’s they don’t believe it is even an option for them. You cannot fault them if you believe in the Scriptures. What are you going to do?

We are getting into a whole new arena here of problems that this Terri Schiavo Case is magnifying throughout the U.S. and world. (Also see my above post on “backwoods” politics in this deal)

For one, NOBODY really knows the number of semi-PVS/PVS people in the U.S. population. There is no census count “line item” for these severely disabled people. There is no realistic way to count them all. Many like this doctor’s niece dropped out of sight 20 years ago. My associate thinks that 60-90,000 U.S. PVS patients number being bantered around in the media, doesn’t even come close. Probably like 200-400,000 PVS’s.

And with over 2 million deaths a year in the U.S., when a PVS dies, they just slip through the numeric and statistical cracks. Most docs think they died umpteen years ago anyway, even though they are still spiritually alive.

Opens up your mind a little, hun..Sure does mine...Starts getting a little like a Stephen King novel...

[AEMILIUS PAULUS]

What a society America has become. First, there is condonation of killing babies-partial birth abortion. Then there is killing those incapable of any wrong, but "whose quality of life is impaired." However, the foulest cold blooded killer is given great compassion, forgiveness, 'loving of the sinner' and other twaddle!

It appears that todays highest public virtues are eating, drinking, copulating, evacuating the bowels and snoring!

[sport]

Who wants to pull the trigger?


9 posted on 11/06/2003 12:29 PM PST by AppyPappy

I am sure,in absence of other volunteers, ms. malone would be happy to do so.

[saveterri1]

No More Gore Anymore - I don't personally attack anybody, that is your game. I don't owe you anything either. Everything I post is easily verifiable, do you homework. Lots of other people around the U.S. have and I don’t have any problems with them. End of discussion. Nice to hear from you again.

[TaxRelief]

First of all-Michael received 1.2 million not 700,000 from the medical malpractice suit. Secondly, he settled out of court with other parties on the law suit ($$$). Thirdly, the money was well invested and grew ($$$). Fourth and most important of all, Florida is a community property state. Half of everything Michael owns belongs to Terri ($$$). Fifth of all, Terri's family has income that is adequate. Lastly, the foundation has some money and so does the original foundation from 1992.

[Diva Betsy Ross]

Saveterri1, why is it if these facts are so easy to verify that you have refused to do so here at FR as well as on the help Terri email loop , which you were banned from.

The moderator of that list TAmmy8 posted here and would be glad to hear from anyone who has questions about what I am saying ,and her experience with you and your "friends". Anyone here can freepmail her.

Now about the personal attacks, just because you had the post pulled, does not mean I do not have a copy of the afore mentioned attacks. Would you like to call my bluff one more time

This discussion is not over while you post your unverified trash as though they are some sort of special action group. You tread on thin ice with me while you disparage the hard work the good freepers have done here.

Prove it or move it buddy......

[Old Professer]

Who is going to pay the 50 grand a year needed for her care after that?

With about 130 million taxpayers on the federal rolls being billed 11/2 cents per dollar on every paycheck for indigent patients (Medicaid) I would guess your share would be about four cents; I'll gladly give you a nickel a yearif you will take your callousness elsewhere.

[Old Professer]

Sorry about the missing space, it didn't show up in edit. (year if)

[Krodg]

Who is going to pay the 50 grand a year needed for her care after that?

You and I are if we don't get her put down quickly.

I normally don't bother to read your posts and when I do I refrain from replying in deference to a friend....this post however, goes beyond acceptable.

Your terminalogy sounds like 'murder for money'...You are one "person" I would never want on my side.

[blueriver]

If 650,000 of the 700,000 has been expended, just where is there lots of money except in my pocket?

Maybe MS is afraid he will be required to show where all the money went. This to me appears to be a major reason why he would want her dead. He sqaundered her money and he knows it.

[TaxRelief]

He sqaundered her money and he knows it.

That's what he said, and he's a liar, so the opposite must be true, which would mean that he invested it well (maybe with a good tip or two ;-) and it's probably worth 16 million or so.

[Servant of the 9]

Maybe MS is afraid he will be required to show where all the money went. This to me appears to be a major reason why he would want her dead. He sqaundered her money and he knows it.

Do you have any idea what it costs to keep someone like her in a facility? It's a financial miracle the money lasted this long.

So9

[Timesink]

Note to the GOP: Pearse is a Republican.

What Ms. Melone is too stupid to comprehend is that this line outs her as a leftist RAT.

[Krodg]

It's a financial miracle the money lasted this long.

Yep...Considering the husband spent her money to kill her.

[Future Useless Eater]

I had thought this article STUNK something AWFUL!

I would have guessed a left-wing-extemist reporter had gone to Michael and interviewed HIM regarding Pearse.

Thanks all, for the background on this sleazy reporter. The rediculous errors and bias in her article don't even deserve correcting. Mary Jo seems like she is interviewing for a job at the New York Times. I hear they have an opening or two.

I could bet a paycheck she never even spoke with Pearse.

...and TaxRelief, you're right about the trust fund. It GREW substancially during the 90's. Even if it was invested just in government securities, it grew A LOT (doesn't anyone understand compound interest at 10% per year or greater?) Why on earth do reporters KEEP quoting FELOS OF ALL PEOPLE that it only has $50K left? That's pure b.s.

[Krodg]

...and TaxRelief, you're right about the trust fund. It GREW substancially during the 90's. Even if it was invested just in government securities, it grew A LOT (doesn't anyone understand compound interest at 10% per year or greater?) Why on earth do reporters KEEP quoting FELOS OF ALL PEOPLE that it only has $50K left? That's pure b.s.

Everyone has been looking at the money deposited and no one has questioned the profits?

[supercat]

Do you have any idea what it costs to keep someone like her in a facility? It's a financial miracle the money lasted this long.

Over $500K has been spent on legal expenses which stem from Michael's efforts to have Terri killed. And actually, for Terri's parents to provide all necessary care wouldn't be terribly expensive--no moreso than a typical teenager.