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Posted on 02/28/2005 7:08:08 AM PST by floriduh voter
Praise God!!! This news surely makes my day. Just investigate it! Look at Terri in person. Thank you, Lord.
Yeah, you know the verse - Jesus said to be salt & light.
The political cartoon of Judge Greer on your website is hysterical!
http://www.theempirejournal.com/03060435_michael_schiavo_target.htm
The euthanasia began with Baby Knauer in 1938.
Legislature can get it right this time
http://www.miami.com/mld/miamiherald/news/opinion/11047302.htm
BY ELIZABETH PRICE FOLEY
foleye@fiu.edu
On Feb. 11, 2000, Pinellas Circuit Court Judge George Greer determined that there was ''clear and convincing evidence'' that Terri Schiavo would want to disconnect her feeding tube. Once this decision was made, the judicial balance became tilted in favor of withdrawing care to an extent nearly impossible to overcome.
That initial erroneous decision by Greer five years ago has had a snowball effect that has tainted all subsequent judicial proceedings. The Second District Court of Appeal affirmed Greer's decision, concluding, in a disturbingly cursory fashion, that Schiavo's ``statements to her friends and family about the dying process were few, and they were oral. Nevertheless, those statements, along with other evidence about Theresa, gave the trial court a sufficient basis to make this decision for her.''
However, Greer's conclusion that the evidence was ''clear and convincing'' is shocking. As a law professor who specializes in bioethics, I am amazed at how little evidence there is regarding what Schiavo would want under her present circumstances.
Schiavo was a healthy 27-year-old at the time she suffered cardiac arrest and lost consciousness. She was a Catholic who did not regularly attend mass. She made very few oral statements regarding her attitude toward artificial life support. None of her statements was made in a particularly serious context or elaborated upon with any detail. None of her statements addressed the specific issue of receiving food or water. Under facts such as these, a court would ordinarily conclude that the evidence is hopelessly in equipoise -- the classic ''six one way, half a dozen the other'' situation.
In such situations, the evidence cannot provide clear and convincing proof that the individual would want to discontinue treatment. As such, Florida law dictates that we err on the side of life.
Procedural rules that effectively deny reconsideration of this critical issue have forced Schiavo's parents to devise new arguments to keep their daughter alive. Allegations of abuse and the possibility of effective treatments are essentially tangential considerations that shed no light on the heart of the case -- namely, whether, under an objective examination of the evidence, there is clear and convincing evidence that Schiavo herself would want her feeding tube disconnected.
The judicial process has failed Schiavo and forced the other two branches of Florida's government to act in extraordinary ways to remedy an extraordinary wrong. Ironically, the Florida Supreme Court has ruled that these attempts are unconstitutional violations of the separation of powers doctrine.
The Florida Legislature should try again. Rather than enacting a special law, the Legislature this time should enact a generally applicable law to govern all similar cases.
The statute should require trial courts to consider specific factors when determining whether ''clear and convincing evidence'' exists to support withdrawal of nutrition and hydration for patients lacking valid advance directives.
Consideration should be given to the timing, frequency and seriousness of the individual's statements, the specificity of the statements, whether the statements are related to the condition in which the patient currently exists, the maturity of the individual when the statements were made, the ethical or religious beliefs of the individual and the possible financial interests of the witnesses conveying the alleged statements.
If Greer had considered and weighed these factors (normally considered by courts in making such decisions), he could not have reasonably concluded that there was ''clear and convincing evidence'' that Schiavo would have wanted to withdraw her nutrition and hydration.
Shame on the executive and legislative branches for attempting to intervene in an ongoing case. But shame also on the judiciary for failing to offer meaningful appellate review of such a crucial life-or-death issue. The Legislature should act quickly, within its power, to enact a statute that requires the courts to provide the detailed and sober analysis of the facts demanded by justice in a life-or-death decision.
He knows if he mistimes anything, his actions could result in the death going forward should he break the Florida law.
I believe he loves Terri and all in his state, and he took an oath to uphold those laws.
And I believe he would be willing to lose his job and future aspirations if it meant saving one life, should this go to the wire...but it is, in the end, more important to save EVERY SINGLE LIFE that mirrors Terri's situation. That is where a NEW LAW comes in, and a FEDERAL LAW would be best!
As an author said, the devil is in the details.
And the indefensible abuse of one Michael Schiavo, the world's most hateful guardian, is the major DETAIL in the case.
That and the freakish, slavish rulings of Judge Greer as he bends over for felos, bushnell and the aclu.
Worth reposting--
Terri Schiavo- Why the Rush to Put Her to Death?
by K.L. Marsala
Friday, March 4, 2005
I demand to know where the human rights and womens rights groups are over the case of the Floridian woman Terri Schiavo. Where are her civil rights? Did she loose them the moment she could no longer audibly answer or respond for herself? Why do human rights organizations stand and give tirade after tirade to defend the war criminals at Guatanomo Bay, but where are they over a woman supposedly living in a Persistent Vegetative State (PVS) and her rights? Why havent the womens rights groups spoken out against Terris "estranged" husband, Michael, who wants to pull the feeding tube and let his wife die a slow death of dehydration and starvation? Shouldnt Michaels desire to have his wife die be classified under-spousal abuse? Truly, if this case is a reflection of how Americans are moving forward in handling bio-ethics then we are all screwed.
This case, which should never have become a topic at Americas water coolers, has so many facets and layers to it. When it comes to the topic of bio-ethics, weve only begun to lift the lid off a deadly and dangerous box of medical morality.
In 1972, two neurologists stated they had identified a condition of "wakefulness without awareness." This state is caused when a patient, due to head injury, lack of oxygen, degenerative disease, or loss of all upper brain functions- becomes what has been termed Persistent Vegetative State or PVS. This wide-ranging term has delivered only uncertainty in diagnosis, treatment, and ethical decision-making regarding these types of patients. PVS has become one more thing out of the bio-ethics Pandoras Box that shouldnt have been opened.
A large portion of the danger in using such a general term is that many people who only hear sound bites of news and discussion over the condition of PVS are so deeply misguided and uninformed. Most of us when we hear the word "vegetative" immediately think of an individual who is nothing but brain dead. This is a misnomer. Patients who are unable to live without being hooked up to every tube, beeper, electronic regulator, and waste remover; and with no hope of ever recovering brain activity are classified brain dead. With the bio-ethics questions over PVS weve painted the manifestation that without bells and whistles this body is nothing but an inconvenience and a burden or a last will and testament needing to die so, darn it, I can obtain my inheritance! There are citizens, judges and lawyers who dont even comprehend PVS and they are deciding if its okay to go ahead a murder someone
how does this make sense?
The term Persistent Vegetative State, has come to be applied to people who actually do show some signs of awareness (Terri Schiavo). PVS often is confused with "brain death," although the two are not the same. (Brain death is defined as the irreversible loss of all functions of the brain.) Appallingly, "right to die" advocates and Terris husband Michael, have used the PVS to unite people to their rationale. It has even tainted the positions in some state laws altering them to classify the basics of life (food and water) as medical treatment!
Imagine a cup of chocolate malted flavored protein drink
it has now become classified as medical treatment. I didnt know feeding someone sustenance or giving him or her a cup of cold water was considered medical treatment. I thought it was just caring for those who cant care for themselves due to their physical challenges or financial inabilities. I guess all the quadriplegics had better be watching out and so should third world nations. Human rights organizations may see you eating and drinking H2O and decide no, youve no right to medical treatment- give me that bowl of rice, NOW!
Persistent Vegetative State is not easily diagnosed. Although accepted signs of PVS include the absence of awareness of oneself or one's environment, we cannot measure thought or awareness--only behavior and movement. Today's medical tests are not specific enough to make a certain diagnosis of PVS. As a result, the rate of misdiagnosis is high, approximately 40 percent in some studies. Physical disabilities experienced by many of these patients, such as blindness and paralysis, can stop them from exhibiting behaviors that could make their awareness known. Recent video footage shot of Terri Schiavo shows her smiling and responding to her surroundings, leading many to question whether she is actually in the state of PVS. If you really want to know the answer to this, ask her parents and friends.
Reality check
the 1972 definition and the recent attempts to define PVS are not clear enough to tell the true state of patients whove suffered serious brain injury. According to Cindy Province (who holds masters degrees in medical surgical nursing and bioethics, and is a cofounder and associate director of the St. Louis Center for Bioethics and Culture), this is her reasoning we cannot let the death sentence of PVS fit all situations, "Part of the reason is that consciousness is a continuum, not an all-or-nothing phenomenon. In general, terms, human brains aren't like light bulbs that are either on or off. Instead, they are more like irons, which, while turned on, may be anywhere from warm to hot. Unfortunately, medical treatment and ethical decision-making have not always taken into account that there are many things that are still unknown about severe brain injury."
Do we understand this? How can we make a judgment of life or death based on knowledge that is still incomplete? Neurosciences has barely touched the cusp of understanding the smallest part of our grey matter
weve a long ways to go before we can mark someone with a death sentence.
So what if someone is in the position of a Terri Schiavo or they were in a PVS state for seven years or more
is life not worth allowing the injured brain time to go from lukewarm to hot? Are those like Terri, who are alive, allowed the same pursuit of happiness, protection, and equality? Or do we want to give only preferential treatment to ourselves and to what we define as "living"? As I had jested over those who are quadriplegic or from a third world country, will we make the same applications to our elderly folk as we are to those who appear to be in a state of PVS? Your children- grandma- may decide you dont deserve medical treatment (i.e. food and water) when you get too feeble to go to the kitchen and cook it. How cold hearted have we become?
Ms. Province relayed recently that on the, "medical horizon, a large amount of work with severely brain-injured patients is taking place." This research is happening inside and outside the United States. Not long ago, at the Royal Hospital for Neurodisability in London, a diagnostic tool was developed to help medical professionals identify awareness in patients previously diagnosed as unaware. Some of these patients have begun to communicate, and to recapture some physical function, but more significantly -for ethical concerns- to express their wish to live. Shouldnt we all be given the right to express our wishes?
Terri Schiavo and others like her deserve the right to live. Everyone deserves food and water. Sometimes it seems we treat our criminals sitting in todays penitentiaries better than we treat those who cannot defend themselves. Whether its patients like Terri, our elderly or our unborn human children, ethics of who we are as a race must be brought up to the moral standards of love and compassion for humanity. None of us living in a nation so full of plenty should ever deny another human being nourishment. Food, water and the right to live cannot be decided by a textbook definition that is completely filled with the nuances of variables. There is still so much we dont understand about the human brain and how it functions. We have barely scratched the surface of the brains amazing recuperative abilities. With our minimal knowledge of how this all works are we willing to starve another human to death because we were given guardianship rights over them?
Terri Schiavo, if the human rights advocates and the womens right organizations dont take a stand for you- I want you to know there are those who will fight for you, pray for you, and believe youve the right to live and Terri- I am one of those here for you. God Bless you.
http://www.torontofreepress.com/2005/kmarsala030405.htm
So it gives Judge Greer a chance to save face.
I don't care if he saves face, as long as it helps Terri.
Judge Greer will have to face God some day.
Wishing for Winterflight
An old friend, a book, and a trip to Florida to fight for Terri Schiavo | by Joel Belz
An e-mail last week from a good friend in Indiana got right to the point. "I am going to Florida this weekend," he said, "to stand as a protest and witness against the state murder of Terri Schiavo. Will you join me?"
There were several reasons I was reluctant to say yes.
"I am a journalist," I thought to myself. Journalists keep their distance. They pride themselves on their detachment. Maybe I could go and write about what was happening as a news story. But to stand there and join the protest against what was going on? Wouldn't that simply prove to some readers that WORLD is ultimately a biased and opinionated pretender as a newsmagazine?
I was reluctant as well because I had already told my friend that I was not fully persuaded of his own position on the ethical issue of removing feeding tubes. My friend had written, for example, that he considers it sinful for a 90-year-old person, weary with life and seeing death as perhaps more attractive than a useless extension of life, to turn down food. I'm not sure I'd go that farand I struggled with the wisdom of identifying myself on the protest line with someone who might embarrass me with what I thought were extreme ideas.
And I was reluctant because of logistics. It would mean traveling to Florida, finding a place to stay, and doing all that for an open-ended period of time. Was that good stewardship of my time and WORLD's resources? Was it even possible, given commitments I had already made? But if I stayed just a day or two, would that be seen as tokenism or grandstanding?
Pretty good reasons, wouldn't you say, for telling my friend no? So I hit the reply button, and told him instead to "Count me in. I'll see you in Florida." Here's why.....
http://www.worldmag.com/displayArticle.cfm?ID=10411
It's very sad to think of killing anyone defenseless but the babies really grieve me!!
To all, I've got things to do so will check in periodically....
Psalm 91
1He that dwelleth in the secret place of the most High shall abide under the shadow of the Almighty.
2I will say of the LORD, He is my refuge and my fortress: my God; in him will I trust.
3Surely he shall deliver thee from the snare of the fowler, and from the noisome pestilence.
4He shall cover thee with his feathers, and under his wings shalt thou trust: his truth shall be thy shield and buckler.
5Thou shalt not be afraid for the terror by night; nor for the arrow that flieth by day;
6Nor for the pestilence that walketh in darkness; nor for the destruction that wasteth at noonday.
7A thousand shall fall at thy side, and ten thousand at thy right hand; but it shall not come nigh thee.
8Only with thine eyes shalt thou behold and see the reward of the wicked.
9Because thou hast made the LORD, which is my refuge, even the most High, thy habitation;
10There shall no evil befall thee, neither shall any plague come nigh thy dwelling.
11For he shall give his angels charge over thee, to keep thee in all thy ways.
12They shall bear thee up in their hands, lest thou dash thy foot against a stone.
13Thou shalt tread upon the lion and adder: the young lion and the dragon shalt thou trample under feet.
14Because he hath set his love upon me, therefore will I deliver him: I will set him on high, because he hath known my name.
15He shall call upon me, and I will answer him: I will be with him in trouble; I will deliver him, and honour him.
16With long life will I satisfy him, and shew him my salvation.
Psalm 18
1I will love thee, O LORD, my strength.
2The LORD is my rock, and my fortress, and my deliverer; my God, my strength, in whom I will trust; my buckler, and the horn of my salvation, and my high tower.
3I will call upon the LORD, who is worthy to be praised: so shall I be saved from mine enemies.
4The sorrows of death compassed me, and the floods of ungodly men made me afraid.
5The sorrows of hell compassed me about: the snares of death prevented me.
6In my distress I called upon the LORD, and cried unto my God: he heard my voice out of his temple, and my cry came before him, even into his ears.
7Then the earth shook and trembled; the foundations also of the hills moved and were shaken, because he was wroth.
8There went up a smoke out of his nostrils, and fire out of his mouth devoured: coals were kindled by it.
9He bowed the heavens also, and came down: and darkness was under his feet.
10And he rode upon a cherub, and did fly: yea, he did fly upon the wings of the wind.
11He made darkness his secret place; his pavilion round about him were dark waters and thick clouds of the skies.
12At the brightness that was before him his thick clouds passed, hail stones and coals of fire.
13The LORD also thundered in the heavens, and the Highest gave his voice; hail stones and coals of fire.
14Yea, he sent out his arrows, and scattered them; and he shot out lightnings, and discomfited them.
15Then the channels of waters were seen, and the foundations of the world were discovered at thy rebuke, O LORD, at the blast of the breath of thy nostrils.
16He sent from above, he took me, he drew me out of many waters.
17He delivered me from my strong enemy, and from them which hated me: for they were too strong for me.
18They prevented me in the day of my calamity: but the LORD was my stay.
19He brought me forth also into a large place; he delivered me, because he delighted in me.
20The LORD rewarded me according to my righteousness; according to the cleanness of my hands hath he recompensed me.
21For I have kept the ways of the LORD, and have not wickedly departed from my God.
22For all his judgments were before me, and I did not put away his statutes from me.
23I was also upright before him, and I kept myself from mine iniquity.
24Therefore hath the LORD recompensed me according to my righteousness, according to the cleanness of my hands in his eyesight.
25With the merciful thou wilt shew thyself merciful; with an upright man thou wilt shew thyself upright;
26With the pure thou wilt shew thyself pure; and with the froward thou wilt shew thyself froward.
27For thou wilt save the afflicted people; but wilt bring down high looks.
28For thou wilt light my candle: the LORD my God will enlighten my darkness.
29For by thee I have run through a troop; and by my God have I leaped over a wall.
30As for God, his way is perfect: the word of the LORD is tried: he is a buckler to all those that trust in him.
31For who is God save the LORD? or who is a rock save our God?
32It is God that girdeth me with strength, and maketh my way perfect.
33He maketh my feet like hinds' feet, and setteth me upon my high places.
34He teacheth my hands to war, so that a bow of steel is broken by mine arms.
35Thou hast also given me the shield of thy salvation: and thy right hand hath holden me up, and thy gentleness hath made me great.
36Thou hast enlarged my steps under me, that my feet did not slip.
37I have pursued mine enemies, and overtaken them: neither did I turn again till they were consumed.
38I have wounded them that they were not able to rise: they are fallen under my feet.
39For thou hast girded me with strength unto the battle: thou hast subdued under me those that rose up against me.
40Thou hast also given me the necks of mine enemies; that I might destroy them that hate me.
41They cried, but there was none to save them: even unto the LORD, but he answered them not.
42Then did I beat them small as the dust before the wind: I did cast them out as the dirt in the streets.
43Thou hast delivered me from the strivings of the people; and thou hast made me the head of the heathen: a people whom I have not known shall serve me.
44As soon as they hear of me, they shall obey me: the strangers shall submit themselves unto me.
45The strangers shall fade away, and be afraid out of their close places.
46The LORD liveth; and blessed be my rock; and let the God of my salvation be exalted.
47It is God that avengeth me, and subdueth the people under me.
48He delivereth me from mine enemies: yea, thou liftest me up above those that rise up against me: thou hast delivered me from the violent man.
49Therefore will I give thanks unto thee, O LORD, among the heathen, and sing praises unto thy name.
50Great deliverance giveth he to his king; and sheweth mercy to his anointed, to David, and to his seed for evermore.
I love the folks in our nation!
Will be gone later today, but will try to keep up, GOD BLESS YOU AND ALL WHO WORK TO STOP JUDICIAL TYRANNY AND THE MONSTER WHO PARADES AS TERRI'S GUARDIAN....when in reality....HE IS HER EXECUTIONER AND ABUSER.....He has TORTURED TERRI. No doubt.
MSM=Main Stream Media
Cheryl Ford, RN (Fight4Terri@aol.com) is not affiliated with any other group and works as an independent volunteer promoting the protection of Florida's disabled community.
I would think any further information would be forthcoming if requested through her organization, Fight4Terri@aol.com.
Source of claims in Schiavo case was abuse hotline
The state tried to keep secret the source of allegations it wants to investigate.
By WILLIAM R. LEVESQUE and WES ALLISON
Published March 4, 2005
http://www.sptimes.com/2005/03/04/Tampabay/Source_of_claims_in_S.shtml
CLEARWATER - State officials want to investigate 30 allegations of abuse, neglect and exploitation in the care of Terri Schiavo, including experimental procedures allegedly performed improperly.
The Florida Department of Children and Families' petition seeking to intervene in Schiavo's case said the agency received a 34-page document outlining the allegations on Feb. 18 via an abuse hotline by an unidentified person or group.
On Thursday, despite efforts by DCF to keep the document sealed, Pinellas-Pasco Circuit Judge George Greer ordered it to be released today. The St. Petersburg Times obtained a copy of the document Thursday.
It does not identify who is alleged to have abused Schiavo or provide any information indicating the credibility of the allegations.
DCF also provided no detailed description of the alleged abuse, which appear to mirror some allegations previously raised against Michael Schiavo, Terri Schiavo's husband and guardian. His attorney could not be reached Thursday for comment on the document.
But George Felos has said that previous allegations of abuse against his client were unsubstantiated and that several law enforcement agencies, from the State Attorney's Office to the Sheriff's Office, have refused to investigate.
Attorneys for Schiavo's parents have encouraged a DCF investigation, though they have said they do not know who raised the latest concerns.
Greer has scheduled a hearing Wednesday to consider the DCF's request to intervene in the case so it can investigate. Greer has set the removal of Schiavo's feeding tube for March 18 at 1 p.m.
DCF's filing, made before Greer set a date for the feeding tube's removal, also had sought a stay to investigate the claims. The DCF has declined to comment about its investigation.
Among general accusations outlined in the filing:
A failure to file a proper guardianship plan.
Experimental procedures performed improperly. No detail is provided.
Issues involving a lack of visitation.
Lack of manipulation of Schiavo's arms.
Denial of access to legal counsel for Schiavo, which the DCF said has never previously been investigated.
Some of the allegations are unclear. For example, the DCF describes a "failure to educate using certain therapies" and an "investigation of rehabilitation entitlements in light of technologies available."
The DCF said it had not seen the allegations before.
"Termination of the life of Theresa Schiavo would hamper the investigation into abuse, neglect and/or exploitation allegations, many of which have previously gone on uninvestigated" by the DCF, the agency's petition said.
Greer ordered the document released after a petition from lawyers for the Tampa Tribune and WFLA-CH. 8. The DCF argued the document, by law, is confidential.
Also Thursday, Rep. Dave Weldon, R-Palm Bay, said he plans to file a bill next week that would give Terri Schiavo, and others in her position, her own legal representation and other protections.
Weldon, a physician, is a social conservative who has been vocal on a variety of life issues. He could not be reached for comment Thursday, and his spokeswoman said he would have no comment until his bill is filed.
Congress is in recess until Tuesday.
Weldon did not yet have a sponsor in the Senate, though one should be relatively easy to find. It's unclear how much chance the bill would have for passing Congress.
Attorney David Gibbs III, representing Schiavo's parents, Bob and Mary Schindler, hailed the effort.
"It would extend the constitutional protections of due process afforded death row inmates . . . to people in Terri's condition," Gibbs said.
George Felos, an attorney representing Schiavo's husband, declined to comment on the legislation because he had not seen it. But Felos, reached before the DCF document was obtained, said no bill can retroactively undo a court judgment.
"That's the foundation of the separation of powers," he said.
[Last modified March 4, 2005, 00:55:04]
Hey!!
I suddenly realized while reading the 28news.com report the import of Greer's reference about privacy.
> He also said there were no longer any privacy concerns relating to Terri Schiavo in the widely publicized case.
Greer's statement overrules HINO's position about Terri's privacy. He's now (perhaps unwittingly) demolished the claim. May news reporters begin making reasonable hospice (Terri) visits!!
I want to bump/add to this thread this VERY important bill by Congresman Dave Weldon, M.D. which amdgmary started on another thread.
GLENN BECK told his listeners this morning to help Terri by calling their congresspersons and U.S. Senators, and Glenn said to mention that it is habeas corpus (which is protected by the U.S. Constitution to give a hearing to those whose liberty has been constrained by state courts)
URGE CONGRESS TO ACT TO HELP
SAVE TERRI SCHINDLER-SCHIAVO
URGENTLY ask your U.S. Senators and Representative to support the Federal Terris Law, the Incapacitated Person's Legal Protection Act, to give the Schindler family access to a federal court to argue for the life of their daughter, Terri Schindler Schiavo.
Representative Dave Weldon, M.D. (R-Fl-15) announced March 3 that he intends to introduce this bill on March 8.
Time is precious! Do not wait for the actual introduction of the bill to urge your Senators and Representatives to save Terri! Only a massive outpouring from their constituents will move Members of Congress to act quickly enough on this vital bill to give Terri her chance at life.
It is better to call, but if you don't have their phone numbers, you can click this link to contact your congressperson and U.S. senators.
http://www.nrlc.org/euthanasia/Terri/Alert022505withWeldon.html
---NO DOUBT!--Now we get to see the true 'Clear and Convincing Evidence'. pun?
Hurry back,Republic--we need you! :)
I just contacted a priest who has a radio show on WABC NYC on Sunday morning. He is attempting to get Congressman Weldon on his show to talk about it. I'll let you know if he gets a confirmed interview.
LIFE AND DEATH TUG OF WAR
Judge's error to save
Terri Schiavo?
'Clear mistake' led to dismissal of crucial testimony
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43142
Posted: March 4, 2005
1:00 a.m. Eastern
© 2005 WorldNetDaily.com
Attorneys for the parents of Terri Schiavo filed a new motion claiming a trial judge made a reversible error that affected his determination of whether the brain-damaged Florida woman would want to be keep alive in her present condition.
Parents Robert and Mary Schindler contend Pinellas County Probate Court George Greer made a "clear mistake" when he discounted the testimony of Diane Meyer, who said that in 1982 Terri Schiavo told her she did not agree with the well-known decision by Karen Ann Quinlan's parents to take their daughter off life support.
Florida law allows for consideration of oral expressions of end-of-life wishes. Husband Michael Schiavo claims his wife told him she would not want to be keep alive through artificial means, but her parents don't believe that.
Terri Schiavo is not hooked up to any machines, but she requires a small feeding tube for nourishment and hydration. In 2000, Greer ordered that the tube be removed, and last week, denying a motion for a further stay, gave the Schindlers until March 18 at 1 p.m. to appeal before the order is carried out.
At the 2000 trial, Greer, although initially finding Meyer's testimony 'believable,' concluded that the conversation could not have occurred in 1982, because he believed Quinlan died in 1976. At that time, Terri would have been only 11 or 12 years old and, therefore, would not have made her end-of-life wishes as an adult.
The new motion contends it was Greer who was mistaken and not Meyer, because Quinlan did not die until 1985, about 9 years after her court case ended and her respirator was removed.
None of the attorneys working on the Schiavo case in 2000 apparently noticed the mistake in dates, according to the Schindlers' attorney David Gibbs.
"No one told Judge Greer that Karen Ann Quinlan was alive in 1982, making it entirely appropriate for Diane and Terri to discuss her situation in the present tense," his firm said in a statement.
Gibbs said that if Greer's 2000 order authorizing husband Michael Schiavo to end his wife's life were a criminal death sentence, Terri Schiavo would be entitled to a new trial on the basis of a reversible error.
"Although Terri is not a criminal, she is still under a court-imposed death order, an order that is the equivalent of a death penalty," Gibbs said. "Therefore, we are asking Judge Greer to correct his mistake by either reversing his 2000 order or conducting a new trial."
As WorldNetDaily reported last week, Greer denied the Schindlers' motion for an indefinite stay to pursue medical tests that might prove their daughter could benefit from physical therapy.
Terri Schiavo collapsed under disputed circumstances Feb. 25, 1990, suffering severe brain damage when her heart stopped momentarily. Michael Schiavo contends his wife had an eating disorder, and the court agreed she is in a "persistent vegetative state," but her parents suspect he tried to strangle her, and insist that while mentally handicapped, she recognizes people and responds to stimuli.
The Schindlers want to get TV cameras in their daughter's room at the Woodside Hospice in Pinellas Park, Fla., where she lives, to document that she is not "comatose," as often has been reported. But Michael Schiavo keeps tight control of the vistors list and has barred filming and photographing.
The family's hopes also have been lifted by news that Florida's Department of Children and Families is launching an abuse probe. If neglect or abuse can be proved, the state can take over guardianship from Michael Schiavo.
The Schindlers have filed motions to remove their son-in-law as Terri's guardian, arguing he is her husband in name only and consistently has sought to withhold care and therapy. Michael Schiavo has been living for 10 years with fiance Jodi Centonze, with whom he has two children, and plans to marry her upon Terri's death.
Another option for the Schindlers is an appeal to the U.S. Supreme Court on religious liberty grounds, asserting Terri Schiavo's Catholic beliefs would be violated by invoking her "right to die."
Meanwhile, the National Right to Life Committee is calling on Congress to enact a bill to be introduced by Rep. Dave Weldon, R-Fla., that would give the Schindler family access to a federal court to argue for the life of their daughter.
"Congress can act to ensure a federal court hearing on whether or not Terri will die of starvation and dehydration," said Lori Kehoe, congressional liaison for NRLC's Robert Powell Center for Medical Ethics.
Kehoe said a proceeding known as the "writ of habeas corpus" been used to give a hearing to those whose liberty has been constrained by state courts in violation of the Constitution or federal laws.
Weldon plans to introduce the bill March 8.
"We call on all citizens to immediately contact their U.S. senators and representatives and urge them to support Representative Weldon's bill to amend the Habeas Corpus Act to allow its use when a state court orders denial of food or fluids in cases like Terri's," Kehoe said.
Court documents and other information are posted on the Schindler family website http://www.terrisfight.org/
Oh please do keep us posted on Congressman Weldon! TY :)
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