Replies

Spurning Congress, judge authorizes removal of Schiavo feeding tube

ABC Action News report 03/18/05 - updated 2:15 p.m.

PINELLAS PARK - A Pinellas County judge ruled this afternoon that Terri Schiavo's feeding tube can be removed as planned, thwarting congressional efforts to delay the brain-damaged woman's death.

The decision came after both the Senate Health Committee and the House Committee on Government Reform subpoenaed Terri to testify before Congress next week, a move Circuit Court Judge George Greer dismissed as nothing more than a stall tactic.

"I have had no cogent reason why the committee should intervene," he told attorneys in a conference call, adding that last-minute action by Congress does not invalidate years of court rulings and dismissing the proposed testimony as a "field trip."

It was not immediately clear when the feeding tube would be removed. Republicans in Congress planned an immediate appeal.

If it is allowed to stand, this latest twist in the long-running right-to-die saga would likely be the last. Terri has been in a persistent vegetative state since a 1990 heart attack, dependant on a feeing tube for nutrition and hydration. Courts have ruled that she has no chance of recovery, prompting her husband Michael to push for the tube's removal.

David Gibbs speaks this morning, flanked by activist Randall Terry and Terri Schiavo's sister.
Terri's family, however, disputes doctors' findings, as well as Michael's claims that his wife would not want to live in such a condition. They have waged a lengthy but ultimately unsuccessful court battle, which culminated with today's court-mandated deadline.

Terri's medical staff, husband, and the judge in case were also asked to appear before Congress in subpoenas delivered Friday morning. For several hours, it was not clear what effect the move would have on the deadline previously set by Judge Greer for the tube's removal because anyone interfering with Terri's ability to appear before legislators could potentially face contempt of Congress and other federal charges.

The attorney for the family, David Gibbs III, conceded that the legal picture was still muddy, but he was hopeful that it would buy time for Terri, if nothing else.

"There are obviously some interesting federalism issues here," Gibbs said, suggesting federal courts would eventually resolve the questions. "Any action to end Terri's life until it's sorted out would be inappropriate."

In addition to the congressional developments, the family was also hoping that a morning filing for a temporary injunction in federal court would reward them with a stay. It was their only other option after state legislators adjourned Friday.

Michael and Terri Schiavo, as seen in their wedding video.
In 2003, supporters of Terri's family were successful in getting the state Legislature to give Gov. Jeb Bush the power to intervene in the case, an act that was later ruled unconstitutional.

With that experience still fresh in their minds, state legislators were less enthusiastic about intervening again. The Florida House earlier this week passed a sweeping bill that would have prevented the feeding tube's removal, but the state Senate could not pass a compatible version of the bill Thursday and adjourned Friday morning after just a few more minutes of debate.

"I warned you. My conscience is clear. The consequences remain," bill sponsor Sen. Dan Webster told his colleagues.

Back in Pinellas Park, Terri's family was visiting with her at the hospice where she lives, but they declined to speak at a morning press conference. Several protestors from various right-to-life groups were rallying outside the hospice, encouraged by activist Randall Terry.

There was no word this morning from Michael Schiavo or his attorney, George Felos, who previously indicated that they had been planning to remove the feeding tube as ordered at 1 p.m.

If and when the tube is pulled, doctors believe it will take Terri one to two weeks to die.

Action News has several reporters on this story today, monitoring developments in Tallahassee, D.C., and Pinellas Park. We'll have updates throughout the afternoon as things happen.

http://www.tampabaylive.com/stories/2005/03/050318schiavo.shtml