Posted on 03/23/2005 4:42:39 AM PST by Jeff Head
PINELLAS PARK, Fla. - After losing two consecutive appeals in federal court, Terri Schiavo's parents vowed Wednesday to take their fight to the U.S. Supreme Court (news - web sites) as their severely brain-damaged daughter began her fifth full day without the feeding tube that has kept her alive for more than a decade.
In a 2-1 ruling early Wednesday, a panel of the 11th Circuit Court of Appeals in Atlanta said the parents "failed to demonstrate a substantial case on the merits of any of their claims" that Terri's feeding tube should be reinserted immediately.
"There is no denying the absolute tragedy that has befallen Mrs. Schiavo," the ruling said. "We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law."
In his dissent, Judge Charles R. Wilson said Schiavo's "imminent" death would end the case before it could be fully considered. "In fact, I fail to see any harm in reinserting the feeding tube," he wrote.
Schiavo 11th Circuit U.S. Court of Appeals Decision
US court rejects appeal over woman's feeding tube (Schaivo Denied Life)
Appeals Court Refuses to insert Terri Schiavo's Feeding Tube
Regarding Terri Schiavo: Facts Should Trump Emotions and Activism
by Frank Salvato
Mar 22, 2005
So it has come to this, a true test to see if the American political system, judicial system and the American public as a whole have the ability to set aside emotion and activism in deference to the facts. So far the jury is out on this question. Just as it is out on the question of whether or not Terri Schiavo will live or die. Personally, I think we can do better, much better.
I find it reprehensible that in an age when gathering facts has never been easier or more convenient, most among us prove delinquent in doing so, even in matters of life and death and especially in those that will set precedent for future actions. It is grave evidence that our society is in a “persistent vegetative state” where the overbearing voice of the activist agenda trumps not only the good of the people but common sense. Our failure to ascertain facts or even be tempted by unanswered questions renders us neutered by political correctness. This is the death knell of civic responsibility and thus moves us closer to being considered cowards in the eyes of our Founders.
It has become apparent that there is a need to consider the facts before we can be moved to consider the questions that they raise. To this end the mainstream media has been abhorrently delinquent, opting instead to report sensational half-facts ala The Enquirer circa 1975. This proves one of two things or perhaps both; that the mainstream media has lost its ability to report the truth, the whole truth and nothing but the truth, and that it has turned into an activist propaganda machine hell-bent on the destruction of the American right to be informed.
Many questions have been raised over the course of the Terri Schiavo case. The astounding thing is that few have been answered. Instead we see reluctance by the court to explore all avenues of knowledge available while it consistently rules in favor of a petitioner whose motives are questionable at best. Make no mistake, a court that refuses to examine all facets of an issue and excludes expert testimony presenting an alternative opinion can only be classified as an activist court.
Terri Schiavo did not have a Living Will. Therefore, the issue of her wishes is open to question. While it is normal for our society to depend on the spouse to convey the wishes of the critically disabled or injured, in circumstances when immediate family members hold adamant opposition to a matter concerning decisions of life and death we must insist that all voices be heard.
In this instance the Schindlers (Terri Schiavo’s parents), practicing Catholics who have always considered their family close, claim that Terri would never have considered ending her life given these circumstances. While the tenets of Terri’s religion reinforce this claim, her spouse, with no other proof than his word, claims otherwise. Thus we have a “He-Said-She-Said” dilemma. That is until we hear a statement made by an ex-girlfriend of Michael Schiavo’s referred to only as “Cyndi” due to the fact that she fears the man. Obviously this is why she is an “ex-girlfriend.”
On April 25th of 2001 Cyndi stated that Michael Schiavo admitted to lying about Terri expressing anything about her wishes regarding life sustaining treatment in the event of severe disability. While Cyndi later refused to testify citing her fear of Michael Schiavo, the issue became moot when just a day later on April 26th Judge George Greer refused to hear any testimony at all regarding Michael Schiavo’s statement. No investigation. No consideration. Nothing.
To say the least, Terri Schiavo’s wishes remain in question. For the courts to rule on behalf of Michael Schiavo based solely on the legal point that he is the next of kin, especially in light of her parents’ declarations and the silenced testimony of a woman who feared for her well being, is irresponsible and grounds for Judge Greer’s removal from the case, if not the bench.
Florida Statute 765.101 defines a persistent vegetative state (PVS) as being a permanent and irreversible condition of unconsciousness in which there is: a) The absence of voluntary action or cognitive behavior of any kind, and b) An inability to communicate or interact purposefully with the environment. The opinion that Terri Schiavo’s behavior meets the medical and/or statutory definition of PVS doesn’t take into account that she responds to stimuli, tries to communicate verbally, follows limited commands, laughs and cries in interaction with loved ones, physically distances herself from irritating or painful stimulation and watches loved ones as they move around her. These observations were made by medical professionals and are on record. Further no MRI or PET scans have ever been performed on Terri Schiavo on orders issued by her “husband.”
The question here is, who determined that Terri Schiavo met the criteria for being in PVS? While 14 independent doctors — including six neurologists — adamantly refute the diagnosis of PVS, stating that therapy would be beneficial to Ms. Schiavo, Judge Greer has consistently excluded their testimony in favor of opinions from four doctors that adhere to the PVS diagnosis.
Of the 4 doctors selected to be the court’s medical authorities, three were hand-picked by Michael Schiavo and one was selected by Judge Greer.
Dr. Peter Bambakidis, appointed by Greer, has questionable affiliations with Michael Schiavo’s lawyer George Felos.
Dr. Melvin Greer insists that a doctor need not examine a patient to know the appropriate medical treatment.
Dr. Victor Gambone has stated that he has been startled by Terri Schiavo’s awareness.
Dr. Ronald Cranford, is on the board of the Euthanasia Society of America, has ties to the Hemlock Society and even advocates denial of spoon-feeding for the disabled.
To say the very least, the word impartial cannot be used when discussing the medical testimony provided in this case, neither can the word thorough. In fact, the “deck was stacked” in Michael Schiavo’s favor, something easily done when one is the “dealer.” To say that there are no unanswered questions and no bias regarding the medical opinions issued in the Terri Schiavo case is to be ignorant of the facts and ignorant of the truth.
Add to just these two issues the following facts, and I beg you, challenge yourself to be curious as to why:
Terri Schiavo has always been able to swallow but her “husband” denied her the therapy that would allow her to re-learn how to eat even though the therapy is considered mandatory by Florida Statute 744.3215, even to those diagnosed with PVS.
Although Michael Schiavo was awarded $600,000 of his own in a malpractice award regarding this case he has squandered the million dollars plus settlement that was to pay for Terri Schiavo’s medical care. A ruling by Judge Greer has allowed that money to be spent on Michael’s attorney’s fees.
Although Michael Schiavo has remained married to Terri he has fathered two children with his girlfriend whose mother has a connection with the county sheriff (this would prove convenient when trying to allude investigation into anything that might be construed as criminal).
Michael Schiavo filed a petition to prohibit the media from seeing Terri’s neurological examination videotapes or airing the videos to the public after they had been presented to the court as evidence.
Michael Schiavo has petitioned to have Terri cremated immediately after her death.
The list of questionable issues surrounding this case goes on and on and on.
To say that this case is a tragedy would be the understatement of the millennium. To say that this is a case about advocating the agenda of the Right to Life crowd is ludicrous. This is more than a tragedy and it is slowly becoming a judicial travesty. This case is about whether the life of another human being, a damaged human being but a human being nevertheless, should be snuffed out by the stroke of a pen and the disconnection of a feeding tube, all on the unsubstantiated word of a man who couldn’t even honor the vow of “’Til death do we part.” This case is about a murder of convenience.
Florida courts have long been known for leaning towards the liberal and activist agendas. In most instances of their activism the remedy of judicial prudence was found in appeals to the federal court. This time they have come dangerously close to setting a precedent that would allow for the legitimization of an ideology that would advocate the termination of the infirmed. It is chilling.
Image that when you arrive at old age you become afflicted with a debilitating disease, your mouth doesn’t want to do what you want it to and your speech isn’t what it used to be. Your arms and legs aren’t as quick to react as they once were. You are incontinent and as your body begins to wear out you require the aid of a feeding tube for nutrition and therapy to help you maintain any semblance of mobility. Your memory is fading but you are aware and appreciative of your surroundings, your family and your friends.
Now imagine Michael Schiavo is your guardian.
Sleep well, we all get older.
Frank Salvato is a political media consultant and managing editor for The Rant.us
Prayers for the family and for Terri. Prayers that on appeal a majority of JUdges will rule as this dissenting Judge did...or failing that, that either of the Bush executives will act...or failing that, that the people will.
At this point I can't help but be thinking that the Schindlers' lawyers are staggeringly incompetent. I don't even have a law degree but I'm pretty damn sure that if I were making the filings, with only the information available to me through the internet, I could get that tube reinserted.
Thanks...I looked undere the latest Shiavo news and did not see it.
WOuld to God that there were hundreds...or thousands!
I pray Jeb will act to protect one of the citizens of his state and take the legal and constitutional fight on his own shoulders by takiung her into protective custody until the abuse allegations can be fully investigated. That would seem a very legal and prudent thing to do.
Another sad day in a string of sad days for our republic.
These judges should go to the hospice instead of just reading a piece of paper.
"..objective decision concerning a question of law"
Clerks with adding machines.
"Bad men cannot make good citizens. It is when a people forget God that tyrants forge their chains. A vitiated state of morals, a corrupted public conscience, is incompatible with freedom. No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue; and by a frequent recurrence to fundamental principles." Patrick Henry
We desperately need a return to fundamental principles in this case. There is yet time for Jeb to act.
I can't believe the entire time they didn't file a single motion for change of venue.
Terri has truly been blessed, to have such loving parents and so many fighting for her right to life. Free Republic has been fighting for Terri, people who honor life have been fighting for Terry, I hope that this gives Terri's parents much comfort now.
we can still write to President Bush, Gov. Bush and Bill Frist. Ask then to send in marshalls to enforce those supoenas. If you haven't written or called anyone over this issue please do it NOW
email President Bush – president@whitehouse.gov
Governor Bush – jeb.bush@myflorida.com
Bill Frist - http://frist.senate.gov/index.cfm?FuseAction=AboutSenatorFrist.ContactForm
The COngress effectively filed oit for them...and I am not sure that they haven't tried to get out from under Greer in the past, but failed. In this case, it has done them no good as the Judiciary up and down the line closes ranks. The dissenting Judges opinion is the correct one, and hopefully the Supreme Court, or a larger group of Judges on the 11th will take that up.
What they have done (and I base this on reading their decisions) is say "we know we were told to do a de novo review regardless of any state court proceedings, but all we can do is review the state court proceedings." Therefore, Terri never gets her review of the facts.
These judges are also making it look as though the parents' lawyer relied only on the state court proceedings, and as though Congress didn't assume there would be an injunction. Neither is correct, but that is the judges' way of crafting an opinion with the result they want.
Yes...that is true, and there is yet hope, however slim that Terri will yet be spared.
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