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

[cherry]

yes, who ever thunk Jesse Jackson would ever do something decent and good....

heck, maybe this world is about the good becoming bad and the bad becoming good......

anyway, If it took Jesse to do this, then we should thank him....

[drlevy88]

OK, so it's back to Whittemore.

[P-Marlowe]

I think so. From what I remember the Clinton appointee was the lone vote for life.

[xzins]

he's not going to get away with ignoring a federal judge's injunction or restraining order.

But a county judge outranks a governor and the entire US Congress....how can he not also outrank a measley judge from a group of 9 or 10 judges?

[SedVictaCatoni]

In many jurisdictions, probate judges are assigned odd jobs by the legislature. Most commonly they decide will contests and oversee estates, but they also often handle the guardianship of orphans, hear some minor political disputes, etc. Often times if the legislature wants to create a special legal proceding, they'll just assign it to the probate judge to handle. It appears that in Florida, matters involving the guardianships of incompetent persons are handled by the probate court.

[over3Owithabrain]

I hope you're proud of currently being the only voice on this thread NOT cheering her chance, however small, of life.

[nicmarlo]

This is the 11th Court of Appeals, in federal court...over Whittemore. They have accepted the appeal. Depending on what they do, it would go back to Whittemore, yes.

Good night now, doc. : )

[Fudd Fan]

"maybe, just maybe, God gave her the strength to hang on for a reason."

That's what I'm thinking too. Prayers.

[MJY1288]

Thank You, It appears that MSNBC is the only one LIVE

[narses]

"I hope y'all are proud of causing TS more pain and suffering."

Life = hope.

[Vapor3]

I smell a political stiletto blade...
GWB made a call,GOD bless him!

[Mo1]

Judge Greer will face a board of ethics, hi8s abuse of power will be exposed and he will be removed from the Bench....Mark my words

Will do and I will enjoy seeing him throw off the bench

[Ethrane]

"I think everyone should come to grips with the fact that it might be too late." I think everyone knows that. But maybe, just maybe, God gave her the strength to hang on for a reason."

Just by the volume of posts screaming for her 'feeding tube to reinserted, I doubt your claim that 'everyone knows that'.

I was just trying to present some medical knowledge.

[CyberAnt]

Hmmmmm? Being from New York - I'm already suspicious that Hillary is behind this move and while I'm happy for this - I'm not going to be happy if Hillary is involved.

And .. while they're looking at things - how about the Motion still languishing in Judge Greer's court re removal of Michael as guardian - because of complaints about the guardian's mandated care violations. The motion could have timed out already - or was part of the Schlindlers case that they lost to Michael and the Motion didn't have to be adjudicated.

[drlevy88]

The blame should be placed on the Ghouls 3.

[Fudd Fan]

Those are sick things to say.

[Shortstop7]

You should live with the knowledge that you prefer Terri be starved to death.

Does that make you proud?

You're a fool.......if you now say putting the tube back is torturing her. What the h*ll do you think she has endured for the last 12 days?

Disgusting comment.

[CindyDawg]

Well,we don't know His will or timing but if she is rehydrated and recovers I don't see how anyone could say it wasn't a miracle and the Lord (not man/judge) saved her.

[UnbelievingScumOnTheOtherSide]

Why do they keep doing this? So they can just keep saying no to them??

Of course. They're having a good time screwing with the RTL people. Raise hopes. Dash. Raise hopes. Dash. They're probably whooping it up in there.