Posted on 03/26/2005 8:34:26 AM PST by Houmatt
PINELLAS PARK, Fla. (AP) -- Terri Schiavo's parents will not ask a federal appeals court to reconsider its decision that left their brain-damaged daughter without her feeding tube, leaving one of their last hopes with a state judge who has ruled against them before, one of their lawyers said Saturday.
A three-judge panel of the 11th Circuit Court of Appeals in Atlanta refused Friday to order the reconnection of the tube, which was removed March 18.
The parents, Bob and Mary Schindler, had planned to ask the full appeals court to review that ruling, but later decided against it, attorney Barbara Weller said. She did not explain the decision.
The parents made another desperate plea to Pinellas Circuit Judge George Greer on Friday to keep their daughter alive, saying she tried to say "I want to live" just minutes before her feeding tube was removed. Greer was expected to announce a decision by noon Saturday.
In their motion, the Schindlers claim their daughter said "AHHHHH" and "WAAAAAAA" when asked to repeat the phrase "I want to live."
The appeal is seen as a long shot because Greer was the judge who ordered Schiavo's feeding tube removed. Doctors have said Schiavo's previous utterances were involuntary moans consistent with someone in a vegetative state.
Attorneys for Michael Schiavo, Terri's husband, argued the Schindlers had abandoned all pretense of the law and were simply making "a pure emotional appeal." Michael Schiavo says his wife would not want to be kept alive artificially.
State and federal courts have repeatedly ruled against the Schindlers, who grew increasingly anguished as their daughter entered her second week without the tube that sustained her for 15 years.
Doctors have said the 41-year-old woman would probably die within a week or two of the tube being removed. By Friday, dehydration was taking its toll. Terri Schiavo's tongue and eyes were bleeding and her skin was flaking off, Weller said.
"Terri is weakening. She's down to her last hours. Something has to be done and has to be done quick," said Bob Schindler, who visited his daughter Friday morning. After a later visit, he added: "I told her that we're still fighting for her, and she shouldn't give up because we're not. But I think the people who are anxious to see her die are getting their wish."
Schindler attorney David Gibbs III urged Greer to act quickly on the motion filed Friday because he expected "Terri to step into eternity this Easter weekend." George Felos, an attorney for Michael Schiavo, said the belief Terri Schiavo can speak was "crossing the line" into an abuse of the legal system.
The ruling Friday by a three-judge panel of the 11th Circuit Court was the third time in four days the court had denied an emergency request made by Schiavo's parents. In its decision, the panel said it had already ruled on most of the issues in the latest appeal and other issues raised did not apply to the case.
Bob Schindler also pleaded with Gov. Jeb Bush to intervene by taking temporary custody of their daughter while court challenges are argued.
"With the stroke of his pen, he could stop this," Bob Schindler said. "He's put Terri through a week of hell and my family though a week of hell. I implore him to put a stop to this. He has to stop it. This is judicial homicide."
Bush, who has been a staunch supporter of the Schindlers, said Thursday he is not willing to go beyond the boundaries of his powers and that he was hoping the courts would provide relief.
"We are continuing to do whatever we can, and we are pursuing all the options available to us in this case," Bush spokesman Jacob DiPietre said.
Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. She left no living will.
She went without food and water in 2003 when the feeding tube was removed for six days and five hours. It was reinserted when Bush and the Legislature pushed through a law that was later thrown out by the state Supreme Court.
Outside the hospice, eight more people - including a 10-year old boy and 13-year-old twin girls - were arrested Friday for trying to bring her water.
"I don't want her to die," Joshua Heldreth, 10, from North Carolina, said before his arrest. "I'm not afraid because God is with me."
A handful of protesters remained outside Terri Schiavo's hospice overnight.
"I'm so discouraged, I feel so helpless," said Christine Ambrusko, a student from Atlanta. "I don't know how in our civilized country we can allow a person to be starved to death with so many questions unanswered."
Also Friday, the FBI said a man was arrested in Fairview, N.C., allegedly for offering a $250,000 bounty for Michael Schiavo's death and $50,000 for that of a judge in the case. The FBI did not identify the judge.
Richard Alan Meywes allegedly sent the threatening e-mail Tuesday to two Tampa-area news organizations and the host of a national conservative talk show, the FBI said.
Meywes was taken into custody at his home and charged with murder for hire and with the transmission of interstate threatening communications, the FBI said. If convicted, Meywes could face up to 15 years in prison and fines up to $500,000.
Second, now that the Schindlers have given up the fight against the judicial gods, I hope the good Lord takes Terri quickly.
Proof please - you are going around saying this.
SS-Obersturmbannfuehrer Adolf Eichmann Nazi bureaucrat Author of the Final Solution |
Pinellas County District Judgenfuhrer George Greer American bureaucrat "Author" of Schiavo v. Schiavo |
Their Common Legacy: Torture, Starvation and Death |
MICHAEL SCHIAVO'S lies and contradictory testimony in easy to read format
The Rule of Terri's Case Strikes Again. -2004- Judge Greer's crimes
They haven't really "given up" at all. They have just run out of options. They have fought bravely for their daughter.
Truly? Any more news about this? Please let this be true Lord!
Bullshit.
Probably a multi million dollar book deal and made for TV mini-series!
REALLY????? OH thank GOD.
I heard it too..per Fox News..tube will be re-inserted.
Fox News says tube to be connected. Announcement at 12:00 eastern, about 15 minutes
Is this a lie?
On who's authority? When was this decision made? Is anyone else reporting it?
I disbelieve until I see some reasonable data.
Probably just another FOX goof.
There is nothing on Fox about this at the moment.....I hope and pray you are right.
Praying this is so.
I see no mention of the feeding tube being re-inserted. They're talking about stocks right now.
Reported by Gregg Palcot (sp?) at the hospice. I believe he said "the judge" had ruled. I assume Judge Greer. That is all that has been reported so far.
smart move... it puts a name, and a face on her MURDERER and his name is GREER!!!
Terris death will also signal the death of a nation. Everything that American was will be no longer. There is no longer any reason for us Republicans to even show up at the polls to vote. Even with our majority we are unable to show the guts needed to take our country back from an out of control judiciary. I am also so sick of our elected Rinos trying to argue not to change the closure rule back to what it use to be because they fear it will turn on them if the dems get back in control. Well, what idiot thinks that the dems, who apparently have balls, would hesitate even for a second to change the rule back if they needed to?
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