Fed Appeals Court Grant Terri's Parents Petition for Rehearing

FNC

[WhistlingPastTheGraveyard]

FEDERAL APPEALS COURT WILL LET TERRI'S PARENTS FILE A PETITION FOR REHEARING FOR AN INJUNCTION TO REINSERT FEEDING TUBE... BREAKING

---

Moderator update:

Court Says Yes To Schiavo Parents

March 30, 2005

(CBS/AP) A federal appeals court early Wednesday granted Terri Schiavo's parents the right to file a petition for rehearing for an injunction that could allow their daughter's feeding tube to be reconnected.

The ruling came just after midnight from a federal appeals court in Atlanta.

On Tuesday, Schiavo's 12th full day without food or water, the Rev. Jesse Jackson prayed with her parents and joined conservatives in calling for state lawmakers to order her feeding tube reinserted.

The former Democratic presidential candidate was invited by Schiavo's parents to meet with activists outside Schiavo's hospice. His arrival was greeted by some applause and cries of "This is about civil rights!"

"I feel so passionate about this injustice being done, how unnecessary it is to deny her a feeding tube, water, not even ice to be used for her parched lips," he said. "This is a moral issue and it transcends politics and family disputes."

As the Schiavo deathwatch drags on, CBS News Correspondent Mark Strassmann spoke with two families who grappled with the same issues as the Schindlers and Michael Schiavo. On one side are Dorothy and Michael Brocato, who have provided care for their brain-damaged daughter Lisa, who suffered brain damage from a heart attack 15 years ago.

"We have devoted our lives to taking care of Lisa, says her mother. The Brocatos are sympathetic to the Schindler's wish to keep Terri Schiavo alive

"I love her. I love her. I couldn't picture not having her around me,'' says Dorothy Brocato.

Ron Oister has watched the Schiavo drama play out from a very different perspective. When Oister's father was essentially brain-dead, his son's wrenching decision was to let his father go.

"It was very hard,'' Oister told Strassmann. "That was my father. And he was in front of me. And I knew he could never return to what he had been."

Oister says Schiavo's parents helped create this needless public spectacle because they refused to face their hard reality.

"She died then, not now. My own experience would say that one ends life at that time."

Jesse Jackson's visit provided an emotional boost to Schiavo's parents and siblings, who have maintained that Schiavo would want to be kept alive. Her husband, Michael Schiavo, insists he is carrying out her wishes by having the feeding tube pulled.

Mary Schindler, Terri Schiavo's mother, later made a terse but emotional appeal to Michael Schiavo: "Michael and Jodi, you have your own children. Please, please give my child back to me." Michael Schiavo and fiancee Jodi Centonze have two children, born long after Terri Schiavo fell into paralysis.

Although supporters of the Schindlers have claimed the dehydrated woman is being denied comfort measures such as ice chips for her dry mouth or balm for chapped lips, George Felos, the husband's attorney, defended how Schiavo is being cared for.

"Obviously, the parents and the siblings are desperate. Desperation may lead to different perceptions," Felos told CNN. "I can only tell you what I've seen, and Terri is dying a very peaceful, cared-for death." Felos did not return phone messages seeking comment from The Associated Press.

Jackson said he asked Michael Schiavo for permission to see the brain-damaged woman but was denied. He also telephoned black legislators in a last-ditch effort to bring back a bill that would prohibit severely brain-damaged patients from being denied food and water if they didn't express their wishes in writing. Lawmakers rejected the legislation earlier this month and appeared unlikely to reconsider it.

One of those contacted by Jackson, Democratic state Sen. Gary Siplin, said he told Jackson the issue had been "thoroughly discussed." Senate Democratic leader Les Miller added, "I have voted. It's time to move on."

The chief sponsor of the measure, state Sen. Daniel Webster, said he knew of no changed votes and that Jackson's efforts may have come too late.

"If he could sway votes — and I'm certain he may be able to — it would have been helpful if he had done that a little earlier" said Webster, a Republican. "We're running out of time. To do it now is not as timely as a couple of weeks ago would have been."

Bob Schindler described his daughter as "failing" following his visit Tuesday.

"She still looks pretty darn good under the circumstances," Schindler said. "You can see the impact of no food and water for 12 days. Her bodily functions are still working. We still have her."

First lady Laura Bush also commented on the case Tuesday, saying the government was right to have intervened on behalf of Schiavo.

"It is a life issue that really does require government to be involved," Bush said aboard a plane bound for Afghanistan, where she was to promote education and women's rights.

During Jackson's visit, a man was tackled to the ground by officers when he tried to storm into the hospice, police said. He became the 47th protester arrested since the feeding tube was removed March 18. The man had two bottles of water with him but did not reach the hospice door, police said.

Doctors have said Terri Schiavo, 41, would probably die within a week or two of the tube being removed. She suffered catastrophic brain damage in 1990 when her heart stopped for several minutes because of a chemical imbalance apparently brought on by an eating disorder.

The parents also lost another round in the courts Tuesday when an appeals court upheld a pervious ruling by Judge George Greer that blocked the Department of Children and Families from intervening in the case.




Court Says Yes To Schiavo Parents

[Bahbah]

all the rulings have been only on reviewing the ruling by Greer.

Thanks for pointing that out. What has not been reviewed, but should have been based on Congressional action, are those rulings Greer made to exclude evidence favorable to the Schindlers as plaintiffs. The exclusion of at least one such piece of evidence is based on a clearly factual error on Greer's part.

[syriacus]

But it's also good to keep in mind the simple truth: she just may have spoken when that tube was removed.

Yes.

[P-Marlowe]

Show me the error of my ways...

See 1039

[Lee'sGhost]

Can somebody help me? My idiot lib cousin says experts from both sides DID look at Terri so the argument that she hasn't been given proper tests to make sure she is really brain dead doesn't hold water.

Also, exactly what's new here that is causing the court to reconsider? I can't find it.

[Hattie]

Yes, only one trial. And TS had no attorney and no jury for that trial. But the result of the trial was a death sentence from a judge, approved by numerous other courts all the way to the supreme. The supreme ct has ruled some time back that no judge can issue a death sentence, it must be from a jury only.

It is clear all the judges and courts consider TS as a nonperson.

[xzins]

Excellent. Let's pray that it be so.

[Bahbah]

Well that will just chill you to the bone. Apropos however.

[Vapor3]

I'm sorry but I've got a bad feeling that Terri isn't going to make it.

So who is gonna pay?

[RedBloodedAmerican]

This blew me away when I realized that the only thing the other courts ruled on was whether Greer ruled right based on his findings, and not the initial info independant of Greer. Amazing.

I think Greer knew thats what would happen.

I bet this appeal has him nervous now. "Bailiff!!..."

[RedBloodedAmerican]

See 1049. And Dr Cranford (I think thats who it was) disallowed an MRI test. He is the one who diagnosed her as PVS. He is also an euthanasia activist who believes alzheimer patients should starve to death, and that a spoon is an artificial means of support.

[SuziQ]

Instead of trying for the feeding tube, I wonder why they don't just demand that they be allowed to try to feed her naturally! I can see Michael making the argument that Terri didn't want to be kept alive by ARTIFICIAL means, but I don't think he can reasonably say that she wanted to be starved to death!

Frankly, I think the fact that she's hung on this long means she has a strong will to live.

[RedBloodedAmerican]

When a feeding tube borders on the barbaric (by Dr. Cranford) [alzheimers patients should starve] ^

Posted by RedBloodedAmerican On News/Activism ^ 03/25/2005 8:13:53 PM EST · 39 replies · 731+ views Minneapolis Star Tribune ^ | May 28, 1997 | Dr. Ronald Cranford, MD <p>Just a few decades ago cases of brain death, vegetative state, and locked-in syndrome were rare. These days, medicine's "therapeutic triumphs" have made these neurologic conditions rather frequent. For all its power to restore life and health, we now realize, modern medicine also has great potential for prolonging a dehumanizing existence for the patient.</p>

[SavedAndForgiven]

I have seen God work in my life in Lazarus fashion.. No raising from physical death.. But surely he interveneed countless times saving me from a madman who kept trying to murder me, Whether it was drowning. Strangulation< Trying to shoot me, stab me, poison me, or beat me to death. God always intervened right on time. GLORY TO HIS NAME !!!!!!!!!!!

[Hattie]

Well I guess we all will pay. The scar on the country can't be erased. It may be some time before many of the people even realize what has really happened here.

[Twinkie]

MIKEY SHIAVO, FELOS, and GREER are looking more and more the jackasses as each moment passes. By the time this is over, I doubt there will be anyone worth a dump who will be able to stomach the sight of their faces. I would imagine they all thought that long before this time, IT would all be over. Terri is tough as nails, and perhaps she has known more all along than Mikey thought she did.

Perhaps their intentions are, as they claim, good. However, the Road to Perdition is paved with good intentions mixed with all manner of sin and error. Yes, these three "Hear No Evil, See No Evil, Speak No Evil" monkeys do need prayers for the Blessing of Correction. Parched lips in Hell are a given based on the Scripture story of the rich man and poor Lazarus; not allowing Terri's parched lips to be watered is the ultimate in evil in my mind. Christ is the Judge, and I'm just a nobody speaking my piece, so anyone out there enjoying the spectacle of a helpless baby being starved and dehydrated to "facilitate" her death won't need to tell me I'm not the JUDGE.

[Saundra Duffy]

"My little children, these things write I unto you, that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous;

And he is the propitiation for our sins; and not for ours only, but also for the sins of the whole world.

And hereby we do know that we know him, if we keep his commandments."

I John 2:1-3

I believe one of the Commandments is: "Thou shalt not kill."

[UnbelievingScumOnTheOtherSide]

I did a word search (through Acrobat Reader) for the words "Descartes" and "think" and got no matches.

You won't get a match on any search. The document is stored as images, not text.

[RedBloodedAmerican]

You were shot, stabbed and poisoned?

[SuziQ]

Ron Oister has watched the Schiavo drama play out from a very different perspective. When Oister's father was essentially brain-dead, his son's wrenching decision was to let his father go.

Apples and oranges, and the MSM is pushing the confusion. Terri is NOT brain dead, or even in a coma, she is simply inconvenient to her husband.

[zippee]

They'd better get the lead out, I doubt if she has much time or can ever recover from going this long.

SHe's been in kidney failure for at least a day now....'can' she recover from that? I think it's just going to be another disappoinment.....