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Fed Appeals Court Grant Terri's Parents Petition for Rehearing
FNC

Posted on 03/29/2005 9:36:23 PM PST by WhistlingPastTheGraveyard

Edited on 03/29/2005 9:59:29 PM PST by Jim Robinson. [history]

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


TOPICS: Breaking News; News/Current Events; US: Florida
KEYWORDS: blessedterri; christhavemercy; hopebeyondallhope; lordhavemercy; myjesusmercy; parentsrights; prayforamerica; prayforterri; schindleristas; terri; terribots; terrischiavo; terrischindler; the13thday
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To: drlevy88

Plus another Freepers wife has said it can be done.


201 posted on 03/29/2005 10:09:50 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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To: CyberAnt
while I'm happy for this - I'm not going to be happy if Hillary is involved.

Just like some of our beloved fellow republicans never to miss an opportunity to get on the wrong side of an issue.

202 posted on 03/29/2005 10:10:01 PM PST by AndyJackson
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To: TruthSetsUFree

Since I hadn't heard anything further I assumed that lead had trickled out for Jay. Guess not.

Yes, to the second. I lost my Faith in Courts long before this. As to the efforts of men, I'm appreciative, but our abilities are limited. There is only One I've directed my appeals to in these last days, and if he wills, she'll be saved through the means of His choice. My prayers are that this is the case, if not, that at least it spark needed changes in our culture and serve to correct the Judiciary. And as always, prayers for the comfort of her family and terri herself.


203 posted on 03/29/2005 10:10:03 PM PST by Soul Seeker
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To: MHGinTN

PING to another survivor of ghastliness


204 posted on 03/29/2005 10:10:06 PM PST by drlevy88
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To: Paul C. Jesup

Heavenly Father - We pray that Your wonder working power will touch Theresa Marie's body and protect her internal organs from damage. In the Blessed Name of Jesus Christ our Lord and Savior. Amen.


205 posted on 03/29/2005 10:10:06 PM PST by Saundra Duffy ("Where there's life, there's hope." Theresa Marie SCHINDLER)
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Comment #206 Removed by Moderator

To: 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.

If dear Terri dies after twelve days or more of starvation, it is clearly the act of men who starved her and dehydrated her. God does not have his signature on this at all.

And if she, through some miracle, any means would be a miracle enough for me, if she should live then the Lord God Almighty shows that he alone is the Numberer of our Days and the Lord and Giver of Life.

In any event, may Jesus Christ the Risen Lord be praised.

207 posted on 03/29/2005 10:10:40 PM PST by Siobhan (Divine Mercy Chaplet)
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To: WhistlingPastTheGraveyard

So this is not really breaking as CNN said.


Just posted a thread breaking on CNN that there has been another appeal sought by the 11th Circuit Court.


Husband says last ditch effort.


208 posted on 03/29/2005 10:10:58 PM PST by Former Military Chick ((I'm in the WPPFF.))
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To: Shortstop7

You are right that the News media has treated this as an abortion fight and so they were spinning this story to MS advantage. They eliminated any mention of anything positive for Terri's side. With Conservative talk radio and freepers etc getting the real truth out,people are getting very upset about this brave and beautiful lady being starved to death before their eyes. I have told people the truth for two weeks and walked away from people dumbstruck with mouths agape. The liberal media must pay a terrible price for doing this to Terri just for the sake of abortion. Sicko's that they are,they must be held to account for their biased for MS reporting and the terrible lies they used to call Terri a vegetable.


209 posted on 03/29/2005 10:10:58 PM PST by samantha (relax, and cheer up the adults are in charge)
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To: drlevy88

Drudge has the source as AP on his site and foxnews has announced it several times.


210 posted on 03/29/2005 10:11:03 PM PST by StarFan
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To: Hunble; Admin Moderator

Abuse filed on you


211 posted on 03/29/2005 10:12:04 PM PST by drlevy88
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To: STARWISE; 4Godsoloved..Hegave; 8mmMauser; a5478; Annie03; atruelady; Brad's Gramma; Cayenne; ...

Terri ping! If anyone would like to be added to or removed from my Terri ping list, please let me know by FReepmail!


212 posted on 03/29/2005 10:12:07 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: incredulous joe

I heard a doctor last night saying that a sedative would have to be given to her to reinsert the tube.


213 posted on 03/29/2005 10:12:17 PM PST by sheikdetailfeather
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To: nicmarlo
The law was written that the judge SHALL review it de novo, not review what has gone on before..... That was not done....so, judicial error was committed....that is what the petition is based upon.

This was the petition Sekulow urged on Terri's lawyers, and btw, a VERY GOOD avenue of attack.

I hope the Lord sustains Terri long enough.

Or perhaps JJ can swing the FL Senate into new action.

214 posted on 03/29/2005 10:12:23 PM PST by Petronski (If Reichskanzler Greer can kill Terri, who will be next?)
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To: MJY1288
CNN LARRY KING LIVE Transcript

KING: We'll spend our final moments discussing the Schiavo matter. In Atlanta is Reverend Jesse Jackson, back with us, he was with us earlier. Here in Los Angeles, George Thornally. In Denver, Colorado is Patrick Furlong. In Syracuse, New York is Reverend Barry Lynn.

Let me get to George Thornally's story first. You became completely paralyzed at age 16, possibly because of polio, assumed you would either die or survive as a vegetable. You survived, recovered, wrote the story in the book "Georgy Boy: Help, I'm Not a Vegetable." Are you saying because of your case, the feeding tube should remain?

GEORGE THORNALLY, RECOVERED FROM PARALYSIS: I think every case is probably different, but I can tell you this, in my case, as a vegetable, I was fighting for life with every part of my being, soul, brain.

KING: Were you aware of what was going on around you?

THORNALLY: Very aware, but I could not even grimace in pain.

KING: You were in pain?

THORNALLY: Terrific pain.

KING: But the neurosurgeons say about Terri, she is not in pain, she has been brain dead...

THORNALLY: Well, how would they know that? Have they ever been a vegetable?

KING: They showed a brain scan.

THORNALLY: Oh, well, that's a pretty gross determination, isn't it?

KING: They don't know, they don't even know how -- did you make any wish to have the thing pulled?

THORNALLY: No. I worry about all these young people who are saying in perfect health, if anything happens to me, please pull the plug. And I want to tell you, when you're in that condition, you're fighting for life and you don't want anybody pulling any plug.

KING: So you wouldn't -- you would reinstate her plug?

THORNALLY: Well, to answer your question, I would say yes.

KING: OK. Now, Patrick Furlong, your 82-year-old mother suffered cardiac failure during hospitalization for abdominal distress. You did not want her -- what's the story? You did not want her resuscitated?

PATRICK FURLONG, DYING MOTHER WAS RESUSCITATED DESPITE A DNR ORDER: No, Larry. As a matter of fact, we were very clear for many years. This is a case where all the T's were crossed and the I's were dotted. We had DNRs in place. And she was taken to the hospital for, as you say, abdominal distress, and about 10 hours later, she suffered cardiac and respiratory failure. And completely contrary to all of the paperwork and her wishes, she was actually resuscitated. And she had a very, very painful and terrifying 10-day experience until we finally -- finally let her go.

KING: It was your decision?

FURLONG: Yes, it was.

KING: Hard to make?

FURLONG: Doubly hard, really, because when you take the time and the trouble to put your DNRs in place, and get all of the end of life directives where they need to be, you don't rehearse emotionally to have to deal with it, because you've done the homework, it's done, it's over, you don't have to worry about that. And here you are suddenly faced with this horrendous decision.

KING: George, did you just wake up?

THORNALLY: After almost six months. I had a stellar experience about 3:00 in the morning, during which my body just mended and my brain knitted together, and I knew that I was going to live and that I was going to be all right.

KING: What did the doctors say?

THORNALLY: Well, everyone was shocked, because in the morning I pulled myself up, and when they came in, I said "hello, what are we having for breakfast?"

KING: Barry Lynn, what's wrong with the president's statement, err on the side of life?

REV. BARRY LYNN, EXEC. DIRECTOR, AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE: I think the problem here, Larry, is that the Congress should never have gotten involved in this case. The religious right should not have gotten involved in Mrs. Schiavo's case. And with all due respect to my friend, Jesse Jackson, he should not have been involved here in this way.

It's trying to second-guess the legal and the medical judgments that have now been reviewed by 24 different courts and 24 attempted legal interventions. I think this is a civil rights issue. The question is whether Americans have a right to say no to life- sustaining therapies, whether that is a feeding tube, or a ventilator, or a kidney machine, and if they can't speak for themselves, who can we listen to? The courts have said Michael Schiavo have made that decision. People have challenged that decision in court, but I think now that all these processes have gone on, it's time to let Mrs. Schiavo go in the care of that hospice, which has been nothing but kind to her throughout this entire process.

KING: Jesse, why are you involved?

JACKSON: Well, because I feel passionate about her life. I feel that she has been dealt a severe injustice. As a minister, I have dealt with these cases before. A friend (UNINTELLIGIBLE) a few months ago, his son called and said, dad is in extreme stage of cancer. And at that time, he was taking Demerol, because of pain. He slid into a coma. And then, his pulse began to drop -- it was clear at that time that he was dying. We pulled the plug and he died.

In the case of Terri, here's a case where they pulled the tube for feeding and water, now we're just waiting and watching her starve and dehydrate to death. On the one hand, we have food and water, but we will not give it to her. And so we're looking at her there, waiting for her to die. That is very cruel. And I'm convinced that the law is important, but the law must be informed by mercy to be just.

KING: What's your last resolve here? Are you trying to get the Senate to do something?

JACKSON: We're really, we're praying for a miracle. There are some senators who are now working, trying to get an emergency legislation to get the tube in her while they litigate and keep debating. I don't know why we're so impatient.

Now, of course, I think on the one hand, we keep fighting for her life. But an issue beyond her life, we're being informed about this tragedy, there are those who embrace her; we must also now embrace long-term health care. What's not embraced are others in the same or similar predicament. So even (UNINTELLIGIBLE), we're being healed by her strifes.

LYNN: Jesse, the truth is, this is a woman who's been through 15 years of this. At some point -- and this is not a technical issue, this is a moral question -- at some point, one has to say, the system has done all it can do; now we have to take the caregivers there and let them do what is necessary in these final days, and to continue to politicize this in any way, from the left, the right or the center, is a terrible addition to a tragedy that's gone on... (CROSSTALK)

KING: Hold it, Jesse. Let me get the thoughts of...

JACKSON: That is immoral, and unethical, and unnecessary.

KING: Let me get the thoughts of our two guests. Patrick Furlong, what do you think?

FURLONG: I feel -- my heart goes out to Michael Schiavo. My heart goes out to the Schindlers. I honestly cannot imagine the agony that they're going through. They're a tug toy being pulled backwards and forth.

KING: George?

THORNALLY: The Appellate Court in Atlanta is comprised of three justices, one of which dissented. It's not widely reported.

KING: It was 2-1.

THORNALLY: Yes, and he, in his dissent, he started off quote, "I strongly dissent." And then he explained that the law has another aspect to it, that came to us from England with the common law called equity. When a court is asked to do something, it's asked to do equity. Equity allows flexibility, it allows the exercise of compassion.

So the court could have legally...

KING: But the vote was 2-1, and that's the way we live in this country, you know...

THORNALLY: Right, right, right.

KING: Majority rules in courts.

THORNALLY: But the legal system is not bereft of the opportunity to express compassion.

KING: Jesse, frankly, is there any hope for your cause?

JACKSON: Well, it's hope against hope. We pray for a miracle. What pains me so deeply is how we can become so callous about life that we can look at a woman, who after 10 days of no food and no water, she still has vital signs. You would be dying if you didn't have food and water for 12 days. Now, why in that condition, they don't allow her to have water for her lips, her parched lips?

LYNN: Reverend Jackson...

(CROSSTALK)

JACKSON: ... seems to me, that's just cold.

LYNN: Reverend Jackson, the compassion question was raised. The challenges have been made. These are not justices who just look at the statute books and have no compassion and no concern. The point is, they've evaluated the judgments, the medical judgments.

You and I are not doctors, we are not judges. We have never examined this woman. We have only to expect that the best has been done and that the best needs to be continue to be done in her life.

KING: All right, gentlemen, got to stop, we're out of time, but we'll do more on this tomorrow night. Also tomorrow night, we'll do more on the death of Johnny Cochran. We hope to have more visits with George Thornally and Patrick Furlong as well.

Thank you very much, George.

THORNALLY: Thank you.

KING: And Reverend Jesse Jackson and Reverend Barry Lynn.

215 posted on 03/29/2005 10:12:23 PM PST by TexKat (Just because you did not see it or read it, that does not mean it did or did not happen.)
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To: Hunble
Personally, I do not know of a worse torture to inflict upon another human.

Besides your opinion on this?

216 posted on 03/29/2005 10:12:25 PM PST by Raycpa
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To: cherry

"I think of resuscitation as putting a tube down your throat and perhaps doing the whole nine yards of CPR.......

I hope they don't have to do that......I wouldn't really want them to do that , either...."

Does anyone think they'll have authority to do anything other than replace the feeding tube?--and that probably won't even be able to happen for at least a day. We're going to need a lot more than this to see Terri kept alive. Still praying for something hugh.


217 posted on 03/29/2005 10:12:30 PM PST by SolomoninSouthDakota (Daschle is gone.)
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To: AndyJackson

If Hillary's hands are on this, then she will be the Man of the hour. As I said earlier, If you've fallen through the ice and you see a hand reaching out, you don't look to see if it's dirty. You just grab it and gives thanks.


218 posted on 03/29/2005 10:12:42 PM PST by P-Marlowe
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To: Saundra Duffy

Kinda late in the game for a prayer like that.


219 posted on 03/29/2005 10:12:52 PM PST by Paul C. Jesup
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To: nicmarlo

"Depending on what they do, it would go back to Whittemore, yes."

Sounds like good news, as long as it doesn't go back to Greer.

If I remember correctly, judge Whittmore was not reluctant to have the tube reinserted. He had to refuse because Gibbs did not present de novo evidence at the trial.

Am I correct in this?


220 posted on 03/29/2005 10:12:57 PM PST by mjtobias (Michael et al. aren't trying to starve Terri because she's dying, but because she isn't. - supercat)
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