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

[drlevy88]

Read the tea leaves, Greer, and tremble...

[Raycpa]

Your implication was the torture was from fellow freepers.

[Kryptonite]

God works in mysterious ways.

So do the courts. This event strengthens my faith in both.

[flowergirl]

Praise God!! But I think that Whitmire is pretty awful too..but there is so much chicanery going on ..everybody needs to read the empire journal articles..esp. the one about the very 1st lawyer the shindlers spoke with...how he later was elected judge and one of his 1st cases was shaivo vs. shindler and he did not recuse himself!! even tho he had consulted w/ her parents to represent them. Daeth penalty cases have gone to mistrail for less than that. her parents could not afford him for their lawyer BTW His name is Shales

[drlevy88]

Congress didn't whack them; Sekulow did.

[SolomoninSouthDakota]

"he complaint addresses the issue that if indeed she did make any statement to Michael Schiavo prior to her “accident” in 1990”, it must be made clear that prior to 2000, a feeding tube was not legally considered “artificial means” due to process and language. “Therefore, she did not have informed consent that she could not/did not have an understanding that the determination of artificial means would include a feeding tube after the year of 2000”, the complaint says. “Her inability to be appropriately informed and her lack of decision making capacity combined with her inability to divorce her husband due to her incapacitation has placed her in a situation where she is being discriminated against by the courts due to her condition”, the federal complaint charges. That brief is so good I think I need a cigarette ;)"

HEY, I THINK THIS APPROACH BEATS THAT ONE WE HAD WHERE WE PETITIONED THE APOSTOLIC NUNCIO TO MAKE TERRI A STAFF MEMBER TO GET DIPLOMATIC IMMUNITY!!! BUT I DID MAKE THE APPEAL ANYWHOO.

[Petronski]

Pulling it out is torture.

Continuing to troll this thread is torture.

Getting Terri to a CCU to restore her pre-starvation health is salvation.

[mjtobias]

Amen. Amen. Amen.

[sageb1]

Pic is priceless!

[Utah Girl]

There are nurses crawling out the woodwork, telling things about Terri. There are more than 50 neurologists saying that her diagnosis was hastily decided upon by drs who didn't visit her for more than an hour. Terri has never had legal representation, Judge Greer served as her representation in the first trial, a huge conflict of interest.

I'm hoping the the Schindlers' lawyers can take advantage of the help that is coming their way and at least get Terri a fair hearing.

Oh, I just heard that the reason Michael Schiavo is having Terri cremated is 'because she didn't want to be put in the ground with the bugs and the worms.' For a 26 year old woman, Terri sure did talk a lot about death with her husband.

[Jrabbit]

She's fighting so hard to live. Just amazing

[Rca2000]

Ok, cool a little, will 'ya?

you have missed the whole point of this discussion.

NO ONE is hoping for Terri's feeding tube, to "be reinserted, for just a couple of days", and then, this whole charade to start again.

NO. What EVERYONE is PRAYING for is THIS-- Terri gets taken to a REAL hospital, is given dialysis, IV's, Whatever, brought back up to speed. THEN, the feeding tube is reinserted. While that is happening a CONCLUSIVE battery of tests can then be run, to determine the cause of the mysterious injuries, and also, once she is back to "normal", she can then be started on therapy. BECAUSE.. Once this goes back to court.. with all of the new evidence of collusion, payoffs, bribes, etc... It will be a WHILE, before anyone would again consider "pulling the tube" again.. and by that time, ol' Michael,and Felos and Greer, will ALL be up on charges of Attempted murder, perhaps.

That, is what this is all about.. NOT "just a couple of days of reprieve!!!

[CHARLITE]

"get Terri to a facility where they specialize in life not death.

Absolutely, "M." Great to see you come join the discussion now!

This lovely young woman deserves world class care, from now on. She deserves to be taken to the very best facility in this country - regardless of where it is, after she is stablized........and she needs rigorous therapy to make up for all of these years during which Michael refused such help!

She deserves the top-of-the-line, latest and very best specialists in the world, to slowly bring her back to true life and living.

Char

[oprahstheantichrist]

PRAY THE WORD, PEOPLE!

"And Jesus said unto them, I am the bread of life: he that cometh to me shall never hunger; and he that believeth on me shall never thirst." John 6:35

"If anyone is thirsty, let him come to Me and drink." John 7:37

"...let the one who is thirsty come; let the one who wishes take the water of life without cost." Rev 22:17

[atomicweeder]

Does she take contributions for her legal expenses?

[oprahstheantichrist]

PRAY THE WORD, PEOPLE!

"And Jesus said unto them, I am the bread of life: he that cometh to me shall never hunger; and he that believeth on me shall never thirst." John 6:35

"If anyone is thirsty, let him come to Me and drink." John 7:37

"...let the one who is thirsty come; let the one who wishes take the water of life without cost." Rev 22:17

[connectthedots]

If the 11th Circuit granted reconsideration just after midnight, they understand the urgency and bet there is a decision to reinsert the tube by 3 pm on Wednesday. They really don't even need to get a response from Michaels attorney if they treat this as a petition for a writ of mandamus, which would be perfectly proper given the complete abuse of discretion exhibited by the US district Court judge.

[Hunble]

Your implication was the torture was from fellow freepers

FALSE!

Can you repeat the exact words that I used, that would imply that in any way?

[drlevy88]

And we shake it all about;
We do the hokey pokey
And kick the ghoulies out of power
And that's what it's all about.

[Dolphy]

I'm joining you in prayer. So far this about been more about out-lawyering than truth or justice, hopefully the Schindler's lawyers have received some assistance.