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Media outlets argue to open DCF documents in Terri Schiavo case
MITCH STACY
Associated Press
CLEARWATER, Fla. - A newspaper and television station argued Wednesday the public has a right to know what is in a Florida Department of Children & Families document that seeks to include the agency in the Terri Schiavo case.
Media General, which owns The Tampa Tribune and WFLA television, sued to get access to the document in which the agency is asking to get involved in the court battle over the fate of the severely brain-damaged woman.
DCF attorneys opposed opening the documents to the public, citing a need to protect the privacy of witnesses even if they are not named in the petition.
Terri Schiavo, 41, is at the center of a life-or-death legal battle between her husband and parents. She suffered severe brain damage 15 years ago and Pinellas Circuit Court Judge George Greer has granted Michael Schiavo permission to disconnect the feeding tube keeping her alive on March 18.
Court-appointed doctors have ruled she is in a persistent vegetative state and her husband, Michael Schiavo, contends his wife would not want to be kept alive artificially in that condition. Her parents argue their daughter had no such death wish and counter with their own medical experts who say Terri Schiavo could get better with rehabilitation and say despite her brain damage she laughs, cries and interacts with them.
Media General attorney Gregg Thomas told Greer that a balance must be struck between the public's right to know about the high-profile legal case and privacy rights of those involved in a DCF investigation. Attorneys involved in the case have said the agency is looking into reports that Terri Schiavo was abused and wants Greer to issue a 60-day stay on the tube's removal while DCF investigates.
"The greater access there is, the more the people can judge the actions of the DCF, judge the actions of the governor and judge your honor's actions," Thomas said.
Attorneys for Bob and Mary Schindler said the family did not object with opening the document, but prefer it stay closed.
"They will do a better job investigating this if it remains confidential," said David Gibbs, the Schindlers attorney.
Deborah Bushnell, an attorney for Michael Schiavo, said he did not have a position on the issue.
"Mr. Schiavo has nothing to hide on this matter," she said.
Greer said he would rule on Thursday.
Meanwhile Wednesday, the Schindlers filed a motion asking Greer to drop his February 2000 order that Terri Schiavo's feeding tube should be removed. They argued the judge improperly discounted testimony of a witness who told of how upset Terri Schiavo had been with the case of Karen Ann Quinlan and her parents' decision to remove her from life support.
Quinlan's parents waged an internationally watched court battle to disconnect their daughter from life support after a 1975 overdose. The Quinlan's won the court's permission to disconnect their daughter from a respirator, but she did not die until a decade later.
Greer based his ruling that Terri Schiavo would not want to be kept alive artificially on testimony from Michael Schiavo and his relatives that she had told them at various times her thoughts on not wanting to be kept on artificial life support.
The Schindler's latest legal filing is among 16 pending motions that the Schindlers hope to have heard in an attempt to block the removal of Terri Schiavo's feeding tube.
The issue has become politically charged and Gov. Jeb Bush has said he is searching for a way to keep Terri Schiavo alive. DCF's attempt to intervene in the case came last month as Greer moved to set a date for the tube's removal.