http://aolsvc.news.aol.com/news/article.adp?id=20040420001109990001
CLEARWATER, Fla. (April 20) - The attorney for a man seeking to end his severely brain-damaged wife's life argued Monday that Gov. Jeb Bush shouldn't be allowed to gather new evidence in the case because the judge has the information he needs to decide if the law keeping her alive is unconstitutional.The governor's attorney countered that questioning is needed because lawmakers were uncomfortable with Michael Schiavo's motives in wanting to withdraw food and hydration from his wife, Terri Schiavo. Those questions are central to determining whether the state went too far when lawmakers hastily acted to stop Michael Schiavo from ending his wife's life last year, Bush's attorney argued.
Terri Schiavo, now 40, has been kept alive with a feeding tube after suffering severe brain damage when her heart stopped temporarily more than a decade ago. Her feeding tube was disconnected for six days in October before the governor signed a law requiring it to be reinserted.
Michael Schiavo has sued, saying his wife's right to make private medical decisions is being violated. His lawyer, George Felos, argued Monday that the issue of whether the law is unconstitutional or not is a legal one, not one that requires evidence to be gathered.The governor's attorneys argue the law provides protection for a disabled woman who left no written record of her end-of-life wishes.
The governor's legal team wants to put the issue of Terri Schiavo's wishes before a jury. The team then wants a judge to determine if the law violates her right to privacy or if the state was within its bounds in moving to protect her.
04/20/04 00:09 EDT Copyright 2004 The Associated Press.
***Aol provided information regarding Jeb's desire for a Jury Trial.