Guardian says Schiavo not likely to improve, wants to stay on case
By MITCH STACY
The Associated Press
12/2/2003, 4:53 p.m. ET
CLEARWATER, Fla. (AP) — An independent guardian has concluded there is no likelihood a severely brain damaged woman at the center of a life-or-death legal battle will improve, according to a report delivered to Gov. Jeb Bush that was released Tuesday.
But as along as there is controversy in the case of Terri Schiavo, guardian Jay Wolfson is asking to remain on the case in hopes of settling the fight between her husband, her parents and the governor, the report said.
He also recommended that swallowing tests be conducted on Terri, to see if she would be able to eat on her own.
Wolfson, the University of South Florida professor appointed by a judge last month to investigate the case, had attempted to broker a settlement between Michael Schiavo, the governor and his in-laws in their battle over the fate of Terri Schiavo, the report said. But on Sunday the negotiations broke down and no agreement could be reached.
Wolfson had been charged with gathering evidence to support whether the stay enacted by Bush blocking the removal of Terri Schiavo's feeding tube should remain in effect.
Bush was moved by Terri Schiavo's parents, Bob and Mary Schindler, to stop Michael Schiavo from ending his wife's life in October. Her parents have contended their 39-year-old daughter is disabled, but still hears and reacts to them.
Bush said Tuesday nothing in the report has changed his mind that it was right to keep Terri Schiavo alive.
"I see nothing in the report that changes any feelings I have about whether or not the stay should be lifted," Bush said, adding he respected Wolfson's effort. "I don't believe that's appropriate.
Bush said he agreed with the assessment that Terri undergo swallowing tests.
"That's the good news part of this," he said.
Wolfson said in his report that as long as controversy exists in the case, an independent guardian whose only charge is to look out for Terri Schiavo's interest should be appointed to represent her. Michael Schiavo currently serves as his wife's guardian.
Wolfson's lengthy report to the governor asks that he remain on the case until a resolution can be reached on what will happen to Terri Schiavo, who has been in a persistent vegetative state for more than a decade. A chemical imbalance caused her heart to stop beating and cut off oxygen to her brain.
Michael Schiavo has said his wife, who was raised in the Philadelphia suburb of Huntingdon Valley, Pa., did not want to be kept alive artificially. Her parents have said she has no such wish and say their son-in-law wants to be rid of his wife so he can marry another woman.
Wolfson wrote in the report that he has concluded from medical records that there is no likelihood of Terri Schiavo's improving and there is evidence she cannot eat or drink on her own nor can she consciously interact with her environment.
Wolfson also found that Pinellas Circuit Court Judge George Greer, who originally granted Michael Schiavo permission to withdraw his wife's feeding tube, made that decision "firmly grounded" within Florida case law.
Attorneys in the case did not immediately return calls for comment.
The report was release shortly after a judge blocked Bush's attorneys from questioning some potential witnesses in the legal battle over the life of a severely brain damaged woman.
Michael Schiavo is suing Bush in Pinellas Circuit Court over the constitutionality of "Terri's Law," the hastily passed measure which gave Bush the power to reinsert Terri Schiavo's feeding tube six days after her husband ordered it removed in October.
Pinellas Circuit Court Judge W. Douglas Baird granted a motion by Michael Schiavo's attorney, stopping Bush's attorneys from taking depositions from seven people, including Michael Schiavo and the woman with whom he now lives.
Baird said that he may allow some questioning to take place later in the case.