'Judicial Homicide'
By Susan Silver
Friday, January 28, 2005
The Terri Schiavo case has spawned a complicated tangle of legal and moral questions. But I believe the resolution to Terri's plight may rest in a simple, albeit unlikely, solution:
By starting over.
They might begin by tossing Judge Greer to the wolves and presenting the case to a fresh pair of judicial eyes. Fair eyes that will not ignore pertinent background medical information, like the bone scans that were done on that fateful night in 1990 when an unconscious 26-year-old Terri first arrived at the hospital. The scans showed many broken bones and traumas consistent with strangulation. It might be important to find out why Greer wouldn't allow an investigation into this.
I'd also be curious to know how there came to be a general consensus that Terri's heart temporarily stopped beating because of an eating disorder, thus causing her brain damage. Even if this is true, it still doesn't explain her physical injuries. (It's worth noting that when I first researched the Schiavo case in 2003, there were only a few attributions to an eating disorder. Now, in 2005, "an eating disorder" is written as the de facto reason for her brain damage.)
Attention should then be turned to Terri's husband, and legal guardian, Michael Schiavo. He has shown blatant disregard for his wife, going so far as to ask Terri's nurse, "When is that b---- going to die?" This statement was corroborated in depositions by a number off Terri's nurses.
Far worse than his words, but every bit the same in sentiment, are Michael Schiavo's actions. They've proven time and again 1) his utter disregard for Terri's welfare and 2) his unwavering insistence that she not be givenany chance for recovery. When he won a million dollar malpractice suit on Terri's behalf, it was awarded specifically for rehabilitative therapy and aggressive experimental medical treatment. Terri has only received palliative care since 1991 - none of the money has gone to rehabilitation. (Most has been spent on his legal fees.) Furthermore, Michael has strictlyprohibited any kind of therapy for Terri. Countless medical professionals have agreed that Terri would improve significantly if she had therapy.
It might also be important to ask Mr. Schiavo why he decided to ask for Terri's feeding tube to be removed onlyafter he won the million dollar lawsuit.
Most importantly, though, I believe Michael Schiavo should be removed as Terri's legal guardian. There's clearly a conflict of interest since he's living with his fiancée and their two children.
Make Terri's parents, Bob and Mary Schindler, Terri's legal guardian. On their website www.terrisfight.org, they paint a picture of Terri as her former self, and offer videos of a more current Terri, reacting to stimuli, following directives, and lovingly reacting to her mother's presence and voice. Also posted on the site is an account of an attorney's visit with Terri in December 2004: "It was definitely apparent that her emotions changed - it was apparent when she was happy and enjoying herself, when she was amused, when she was resting from her exertion to communicate, and when she was sad at her guests leaving. ...I never imagined Terri would be so active, curious, and purposeful..."
Perhaps the single most important issue to revisit is the one most of us would rather not: in the event of the worst legal outcome, how should Terri Schiavo "be allowed" to die? As it stands, the manner in which Terri is to die is excessively inhumane. If Michael Schiavo wins this fight, Terri's feeding tube will be removed, forcing her death by dehydration and starvation. It's illegal forfarmanimals to be killed this barbaric way. Death row inmates are treated more humanely. This simply cannot be allowed to happen.
If the most recent news regarding Terri Schiavo is any indication, there's not much time left. The nation's Supreme Court refused without comment to disturb the decision of the Florida Supreme Court, which ruled that Terri's Law (resulting in the re-insertion of Terri's feeding tube after an appeal by Gov. Jeb Bush) was an unconstitutional effort to override court rulings.
OK, so maybe it won't be simple to start over. But it's their only chance.
And if Bob Schindler's reaction to the Supreme Court is any indication, a whole new battle has begun. Says Schindler, "It's judicial homicide."
I don't think any judge will like the sound of that.
Terri might win back her life after all.
Susan Silver can be reached at ssilver@comcast.net
Fight4Terri @aol.com www.fight4terri.blogspot.com Visit Terri's site: www.terrisfight.org "We make a Living by what we do, but we make a LIFE by what we give" ~Winston Churchill~
I like her idea. About starting over. Such injustice has been done via our courts, it is scary to think how felos and MS have manipulated the press, but down right frightening to realize what they have done to the courts.
Thank you Pegita. It's an excellent article!