Schiavo case nears decision - maybe

St. Petersburg Times ^ | February 23, 2005 | WILLIAM R. LEVESQUE, CHRIS TISCH and LAUREN BAYNE ANDERSON

[amdgmary]

A court rules that a feeding tube can be removed, a judge orders a stay, and the legal struggle continues.

WILLIAM R. LEVESQUE, CHRIS TISCH and LAUREN BAYNE ANDERSON

Published February 23, 2005

PINELLAS PARK - The seven-year legal battle over the fate of Terri Schiavo reaches a critical and familiar juncture today leading either to the end of her life or more legal maneuvers to sustain it.

Just days before the 15th anniversary of their daughter's collapse, Bob and Mary Schindler are once again asking a judge today to stop Michael Schiavo from ordering his wife's feeding tube to be removed so they can explore further appeals.

A judge's order barring the tube's removal expires at 5 p.m. today, opening the possibility that feeding will be stopped for the third time since 2001.

On Tuesday, the case hit the latest in a long series of legal standoffs.

First, an appeals court released an order that seemingly cleared the way for Schiavo's husband to order that his wife's feeding tube be removed. But less than an hour later, Pinellas-Pasco Circuit Judge George Greer issued a second order stopping him at least until Greer hears argument today about whether to grant a further stay.

Without the food and water the tube brings, Schiavo is expected to die within two weeks.

Lawyers on both sides of this bitter and protracted legal battle agree that the case is at an important crossroads.

"Tomorrow is a huge day," attorney David Gibbs III, who represents Schiavo's parents, Bob and Mary Schindler, told reporters Tuesday.

George Felos, a lawyer representing Michael Schiavo said, "We're hopeful the courts will finally come to the point of saying, "No more delay.' "

Among the pending legal issues is a challenge to remove Schiavo as his wife's guardian, though Felos said a new guardian also would be forced to carry out court orders to end his wife's life.

In addition, Gibbs said he also plans to file a motion to seek further neurological testing to show Terri Schiavo may be in a minimally conscious state and could benefit from therapy, and not in the persistent vegetative state some doctors have diagnosed.

But Felos said she has no cognitive ability and has no chance to recover.

Tuesday started as have so many days in this complex legal contest - with protests, competing news conferences, last-minute court orders and the shadow of uncertainty hanging over everything.

Protesters stood outside Michael Schiavo's Clearwater home early in the morning as police watched nearby. Up to 50 people also protested outside the hospice in Pinellas Park where Terri Schiavo lives, holding signs saying "Thou Shalt Not Kill" or "Let Terri Live."

Matthew Irwin, 24, a student at the University of Florida went to the protest with his mother.

"We're here to pray for Gov. Bush to intervene like last time," he said. "He has the constitutional power and the ability to give Terri life today."

At 1 p.m. Tuesday, the 2nd District Court of Appeal issued a mandate, essentially finalizing an earlier unsuccessful appeal by the Schindlers. Some thought the court would spell out instructions on when the feeding tube could be pulled, which could have delayed the act for weeks.

About 11 a.m., Terri Schiavo's father, Bob Schindler, told protesters outside the hospice: "I don't have much to say except we are begging and pleading for the Legislature and Gov. Bush to save Terri from being murdered in cold blood."

Upon its release, the district court order offered no instructions on when the feeding tube could be removed. In such an event, Felos had promised that his client would seek to end life-support immediately.

But about 1:45 p.m., Greer issued an order preventing the removal of the feeding tube that has kept Schiavo, 41, alive since her collapse Feb. 25, 1990, from a suspected chemical imbalance, which stopped her heart and severely damaged her brain.

Felos refused to say if anyone took steps to remove Schiavo's feeding tube before the stay was issued, but Gibbs said it wasn't touched.

Gibbs said the Schindlers were thrilled at Greer's temporary order. He said, "They believe once again that God has answered their prayers."

The Schindlers' lawyers will ask Greer at a hearing today to extend his stay. If Greer doesn't, Felos told reporters that his client will again have health care professionals remove the feeding tube.

"As soon as he is legally authorized, he will discontinue artificial life support," Felos told reporters at a news conference.

Unlike 2003, when state lawmakers and Bush stepped in and forced doctors to reinsert Schiavo's feeding tube - a move later overturned on appeal - Felos doesn't think lawmakers have any options left.

"There is nothing they can do to overturn the final judgment of the court in this case," he said. "I think legislators know that, their staff people know that and the governor knows that."

Bush spokesman Jacob DiPietre said, "The governor remains concerned. He has never stopped looking for ways to help Terri" within the law.

House Speaker Allan Bense, R-Panama City, said in a statement the Legislature would help Schiavo if it could. But he said they "have not yet identified an appropriate action, in addition to those we've already taken, that would be helpful."

Operation Rescue founder Randall Terry, who has been asked by the Schindlers to organize protests on their daughter's behalf, expressed hope Tuesday that state lawmakers could intervene.

Terry said he wanted Bush to use the Department of Children & Families to take over Terri Schiavo's guardianship. He would also seek a bill that would remove a spouse from guardianship if he or she lives with someone else. Michael Schiavo now lives with a girlfriend and their children.

By day's end Tuesday, few were willing to predict how Greer will rule today, though the stakes have seldom been higher. Terri Schiavo left no living will, leaving Greer to decide after a trial in 2000 what her wishes would have been based on statements she made before her collapse.

If Greer doesn't extend the stay, Gibbs said he will appeal to the 2nd District Court of Appeal, then to the U.S. Supreme Court. Gibbs also said he will ask the U.S. Supreme Court to review a previous motion that statements by the pope that people in vegetative states have the right to food and water.

His argument is that Schiavo, as a devout Catholic, wouldn't want anything done to her that goes against the pope's wishes. Greer previously rejected that argument, and the district court affirmed him, leading to Tuesday's mandate.

"We have to go everywhere we possibly can to protect the life of Terri Schiavo," Gibbs said.

Felos said Michael Schiavo won't back down or accept any last-minute compromise.

"The fact is he's not going to walk away because he is resolute in carrying out what her wishes are," Felos said.

- Information from the Associated Press was used in this report.

Q&A: TODAY'S SCHIAVO HEARING What happened Tuesday?

The 2nd District Court of Appeal issued a one-page mandate essentially finalizing an earlier unsuccessful appeal by Terri Schiavo's parents. The appeal used a declaration by Pope John Paul II saying people in vegetative states have the right to food and water to argue Schiavo, as a devout Catholic, would not want anything done to her in violation of the pope's words. What did the Pinellas-Pasco judge do in response to that order?

With Schiavo's husband threatening to order doctors to remove her feeding tube as soon as the 2nd DCA's mandate was official, Pinellas-Pasco Circuit Judge George Greer issued a stay stopping him until at least 5 p.m. today.

What happens today?

Greer will hear arguments at 2:45 p.m. about whether he should extend that stay to give Schiavo's parents time to explore further appeals.

Will the tube be removed, and if so when?

It's impossible to say and even lawyers involved won't predict. It could happen as soon as today, or Greer could delay the tube's removal indefinitely.

If the feeding tube is removed from Terri Schiavo, how long will she live?

Generally a person lives a week or two once the tube is removed before dying from dehydration. It could be as little as 48 hours or as long as three weeks.

[mware]

Generally a person lives a week or two once the tube is removed before dying from dehydration. It could be as little as 48 hours or as long as three weeks.

If this was an animal you would be charged with cruelty to animals

[RAY]

hi

there

[Bikers4Bush]

Regardless of the outcome there is a special place in hell for Felos and the "husband" Schiavo.

[4everontheRight]

Why is it you couldn't treat a death row inmate with cruel and unusual punishment in the way they are put to death but you can allow an innocent women to be put to death in such a manner????

[amdgmary]

Ping

[Future Useless Eater]

>> "But Felos said she has no cognitive ability..."

But Michael's earlier attorneys already put into court records that "she has some sense of her predicament"

St. Petersburg Times. St. Petersburg, Fla.: Nov 12, 1992.

Tuesday night, a jury awarded Mrs. Schiavo and her husband, Michael [Schiavo], more than $2-million in a lawsuit they brought against the gynecologist who never asked about her medical or nutritional history while treating her.

During the trial, attorneys for the Schiavos showed a film of a day in Mrs. Schiavo's life at Sabal Palms Nursing Home in Largo. Although she's in a vegetative state, said St. Petersburg lawyer Glenn Woodworth, "you can tell she has some sense of her predicament."

---

Documented Terri-vocabulary references
Words	Witness
"mommy" "momma" "help me"	nurse - Heidi Law, certified nurse assistant
"pay"     (meaning 'pain'                 when she was in discomfort) 'Haaaiiiii'   (meaning Hi,                 in response to 'Hi Terri') 'mommy' 'help me'	Nurse - Carla Sauer Iyer, R.N. "'Help me' was, in fact, one of her most frequent utterances. I heard her say it hundreds of times."
"stop"   (in response to one medical                 procedure being done on her)	Terri's MediPlex records
"ugh-hugh" (meaning yes) "ugh-ugh" (meaning no) "yea" "No"	family members. 'yea' was a word she reportedly first re-learned to speak in 2002.

If anyone can recall other specific references please let me know

Photos of Terri AFTER her 'accident' (but BEFORE the malpractice award )
	Mikey used to allow Terri to be dressed up and taken to the Mall
	Mikey was proving to the jury how responsive Terri is...
	Mikey used to take Terri outside in a wheelchair...
	Now, Mikey doesn't allow Terri outside, ever! and won't let her have even a DONATED wheelchair

---

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[the invisib1e hand]

the more I read about Felos, the less I think he qualifies as "human."

[mlc9852]

Felos terms this "life support" but I see it as assisted feeding. She is breathing on her own. How do these people live with themselves?

[T'wit]

One little wake-up for the state of Florida: If Terri dies, Florida's lucrative retirement industry dies.

[grassboots.org]

EMERGENCY - Yesterday I received an email from some organization about Terri that gave some information about Judge Greer and how he was on the ballot illegally - something about how he refused to sign something about upholding the constitution. Also it stated that the governor or attorney general had the authority to remove the judge and that it was too late for Judge Greere to file the paperwork (nunc pro tunc I believe it is called). UNFORTUNATELY I DELETED THAT EMAIL. I HAVE FOUND SOMEONE IN THE JEB BUSH OFFICE WHO WOULD HELP IF I CAN RETRIEVE THE INFO. IT MAY HAVE COME FROM NEWSMAX, GOPUSA OR SOME OTHER GROUP - PLEASE HELP, IMMEDIATELY.

[Chocolate Rose]

Thanks for the ping.

US Senators and Congressmembers:
Toll Free
(888) 355-3588 OR (877) 762-8762

[T'wit]

Memo to anyone now retired in Florida or planning to retire in Florida. The judicial murder of Terri Schindler-Schiavo is a preview of what's planned for you. This case is about the power legally to kill people who are "inconvenient" or weak or old or helpless -- and distribute their worldly assets to the heirs or legal guardians or nursing homes who decide they must die, and to the lawyers and courts that put them to death. It is Murder, Inc. all over again, murder for money -- and this time you are the target.

[rudyudy]

Once they legally get rid of her they will have found a solution to the Social Security "problem".

[TigersEye]

"Where there is life there is hope!" - Terri Schiavo

[newgeezer]

Why is it you couldn't treat a death row inmate with cruel and unusual punishment in the way they are put to death but you can allow an innocent women to be put to death in such a manner????

Supposedly because you would only do this to someone who is in a vegetative (unfeeling) state.

[newgeezer]

If this was an animal you would be charged with cruelty to animals

Probably not if you could make a case that the animal was in a vegetative (unfeeling) state.

That's the issue in this case. Schiavo says Terri is vegetative. The Schindlers say she's not. Judge Greer, for whatever reason, is ruling for Schiavo.

[grassboots.org]

I found the link - it is here:

http://www.theempirejournal.com/0219056_gov.htm

[sgtbono2002]

Hang on pal the flames are coming. 4,337th. Schiavvo Post.

[cubreporter]

Murdering babies is fine and murdering them in a violent manner is fine.

Candlelight vigils for murderers who are about to be executed is fine.

Saving the life of a woman against the wishes of her family even though her husband has no written/legal proof of his claims is OK.

We are needing to take our country back. I believe we are on the right road but oh but we have much more work to be done at the pols. God help those who snuff out lives because they can. Oh boy...God help them.