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

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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

[antiRepublicrat]

It wasn't hearsay? What did he call it?

By the legal definition of such testimony, I believe a "verbal act." Michael Schiavo was witness to the verbal act of Terri stating that she wouldn't want to be kept alive.

[antiRepublicrat]

Husband in name only (HINO) meaning Michael Schiavo.

I thought you meant Human In Name Only.

[anniegetyourgun]

Praying without ceasing.

[Saundra Duffy]

I have never trashed the Republican Party and have been a member since as far back as I can remember. Even sent money to the RNC. Ran for office as a Republican. Protested during the Florida recall. Always active in Republican politics. Was there in Sacramento when President Bush gave his first speech after 9/11, I was in the audience cheering and crying. I hit the streets when Pres Bush came to my town, that was me with a bullhorn supporting the President surrounded by anti war protesters. I have prayed, wept, protested, supported and otherwise busted by butt for the Republican Party like I said as far back as I can remember in my adult life.

Enter Jeb Bush, the last man to turn his back on an innocent dying vulnerable disabled woman. He has allowed Terri to be abused and tortured while he sits on his hands. I will never forget. I am leaving the Republican Party for good and will never return. In CA you can register as Independent or "Refuse to State". Jeb Bush's legacy: no guts . . . no glory.

[PhiKapMom]

Thanks! Don't like the ruling admitting it but your explanation makes sense.

[PhiKapMom]

LOL!!! You can tell we have been through this before! :)

[ohioWfan]

I'd like you to seriously say, Saundra, that Jeb Bush is such an evil man, that he, knowing he had the legal right to keep Terri alive, willingly chose to let her die, because he was afraid.........or because he craved political power.

You've gotten it down to that simple choice, Saundra, by your incessant accusations of him.

Is he, in your view, a despicable man who refused to make the right choice? Does he care more for his own comfort than for the value human life? Do you really believe that? Really?

If not, stop blaming Jeb for this, and place the blame where it actually lies.

[PhiKapMom]

LOL!!! No turnip trucks here either!

[ohioWfan]

I wish we could compile a record of the posts where "I'll never vote Republican again" or "I've voted Republican my whole life, but not after THIS" kinds of posts, and how many times the same people have said them over and over again.

I personally prefer the honest guys who openly admit they aren't Republicans and hate all of us. At least you know where they stand.

[antiRepublicrat]

If not, stop blaming Jeb for this, and place the blame where it actually lies.

I agree. Time to vote in a new legislature next election.

[JFC]

I am more proud than ever to be a CHRISTIAN CONSERVATIVE, only voted Republican and hope to always only vote Republican... those of you who are fly by night party members need not even be in our party. I have my doubts those who say that are even really Republicans in the first place.. so to the party of death.. it is the alternative!

[Lady Heron]

Thanks.

[JFC]

Enter Jeb Bush, the last man to turn his back on an innocent dying vulnerable disabled woman. He has allowed Terri to be abused and tortured while he sits on his hands. I will never forget. I am leaving the Republican Party for good and will never return. In CA you can register as Independent or "Refuse to State". Jeb Bush's legacy: no guts . . . no glory.


YOUR THE TYPE I AM REFFEING TO.. leave.. we don't need ya.

[Saundra Duffy]

Heavenly Father - Please watch over our little Sister, send Your ministering Angels to attend to her. We are praying for a miracle even at this late hour. In the Holy Blessed Name of Jesus Christ, our Savior and Lord. Amen.

[ohioWfan]

They're looking for a scapegoat when the whole system is rotten.

Take away the misdirected animus against Jeb, and redirect it, and use it to fix the state of Florida (and the rest of the country, for that matter) from the ground up.

[PhiKapMom]

IMO people have let their emotions blind them to all that Jeb has tried to do for this Family. If not for Jeb, she would have been killed in 2003 when he got the Florida Legislature to pass a bill that was later ruled unconstitutional by the Florida Supremes.

Want to blame someone, blame the Florida Supremes for upholding Judge Greer on anything he wanted. And when you get done with that, blame the people of Florida that didn't vote them out of office after 2000! Also blame them for allowing the law to get on the books to begin with that Judge Greer could be all powerful.

Then you can blame a total inept legal team of the Schindlers for the worst pleading that most of the lawyers on here have ever seen.

Your anger is misguided and fueled IMO by some people on here that want to blame the Bush Family for everything. Jeb has done all he can legally -- what people advocate would be against the law that was upheld by the Florida Supremes. Some people pick and choose snipets of the law and leave out other parts to strengthen their post. If they presented the whole facts, it might shed a different light on what is being said.

Right to Life for the unborn means something to me and I am not forgetting anytime soon the number of people that were praising Jesse Jackson for his stand on this but he is still pro-abortion. There is no one more defenseless than an unborn baby. The day Jackson gets up and defends the Right to Life for the unborn, then I will listen. Until that time IMO he was grandstanding when he made a last minute appearance. Unless those two Senators whose names he cannot remember flip sides this morning, then I will continue to say he was grandstanding which is flat out wrong. You cannot be for Life for Terri and against Life for the most vulnerable -- the unborn baby.

[SwordofTruth]

Father in Heaven, please save Terri from those that wish her harm, and bring her back to her family that loves her. In Jesus Name, Amen.

[PhiKapMom]

Exactly!

Do you know if we were paid for everytime some of these people have threaten to leave the Party, we would be rolling in money now?

[ohioWfan]

To turn your anger at this horrid situation toward the Republican party, who are the ones who worked hard to save Terri, and change this culture of death country around, is completely counterproductive.

We need judges who will honor the Constitution and LIFE..........and we won't get them by spitting in the face of the President who is nominating them, nor the Senators and Reps who will appoint them.

[Saundra Duffy]

Believe me, you WILL miss MY TYPE in the Republican Party. We were the ones donating all the money and doing all the work. If I had a nickel for every precinct I have walked on behalf of the GOP and its candidates, I'd be rich. One time, my husband's feet literally bled from all the walking. And I have walked precincts in cold, rain and fierce heat. Never again.

It is sad that you cannot feel nor understand why I have a broken heart.