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Attorneys ask appeals court to reconsider ruling in Schiavo case

Associated Press

TAMPA, Fla. - The parents of Terri Schiavo asked an appellate court Wednesday to reconsider and grant a new trial in the case of the severely brain-damaged woman whose husband wants to remove her feeding tube against their wishes.

Attorney Barbara Weller, who is representing Bob and Mary Schindler in their legal fight against their son-in-law, said the Schindlers hope the court will give them another chance to argue that recent statements by Pope John Paul II declaring euthanasia a sin apply in the case.

The Schindlers contend that even if their daughter had not wanted to be kept alive artificially, she no longer would have that wish given the pope's statements. Schiavo was raised Roman Catholic.

Schiavo, 41, is at the center of a long legal battle between her husband, Michael Schiavo, and her parents after suffering severe brain damage nearly 15 years ago. Her husband contends his wife is in a permanent vegetative state with no hope for recovery; her parents believe she could be rehabilitated.

Michael Schiavo has argued his wife did not want to be kept alive artificially and his attorney has said judges have already decided the pope's March statements do not warrant a new trial.

In December, the Lakeland-based appeals court turned down the Schindlers request for a new trial without comment. In filing for a rehearing, the attorneys at least extend a stay which now keeps Michael Schiavo from removing his wife feeding tube for at least two weeks.

http://www.tallahassee.com/mld/tallahassee/10627752.htm