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

[ClaireSolt]

I hope people will soon understand that the problem is that Judge Greer is following the law of Florida which was changed in 1999 to include feeding tubes as life support. The legislature has not agreed to change it back.

[Utah Girl]

Thanks for the information about the writ of mandamus. I didn't realize that could be done without a response from Schiavo's attorneys.

[SeaBiscuit]

Me too. Just logged in, so I didn't get to read all this, but does anyone know if Terri will be given some hydration/food? ...NOW!

God speed.......!!!!!

[STARWISE]

BTW, after Colmes' crude and cruel performance tonight, I'm calling the show "Hannity," and I'm going to raise the consciousness of those folks at Fox ... regularly. It was a disgusting display.

[lainde]

Sorry, I laughed out loud reading the part about someone doing something from an ethical duty.. This has been so devoid of ethics.

Believe me, I share your frustration. I'd like to know what kind of a doctor, knowing the questionable facts of this case, yanked the G-tube to begin with. If there's reasonable doubt as to the ethics of a medical act, err on the side of "Doing no harm".

[Army Air Corps]

Your Hebrew is well polished! Kudos to you!

[Brad’s Gramma]

Continue. PLEASE...I'm enjoying this.

[samantha]

Mazol TOV! Zy Gesundt! I think....I'm Irish. I recognize your prayers though.

[flowergirl]

Does Terri have a legal defense fund? I'd like to contribute...Maybe we should start one?

[flowergirl]

Does Terri have a legal defense fund? I'd like to contribute...Maybe we should start one?

[windchime]

His name is appropriately Shames.

[CitizenM]

Terri has surpassed most records for existing this far in this horrible manner. I am completely convinced of that miracle. The next is yet to be seen, but on the horizon I hope. My prayer has always been:

May the light of our Risen Lord shine brightly on her. May angels be ever on her pillow to guard and comfort her.

[Hunble]

Why the anger toward the one's that want it stopped and the feeding tube kept in?

I have not expressed any anger toward anyone, no matter what position you have on this issue.

I simply stated my belief that TS's tube will be removed once again, and all we have accomplished is a physical torture of her body.

Your hopes and wishes are fully understood and supported.

Like you, I also wish that she could be restored, in all aspects.

However, God has chosen another path for her.

[AndrewC]

Amen.

Isa 41:17 [When] the poor and needy seek water, and [there is] none, [and] their tongue faileth for thirst, I the LORD will hear them, I the God of Israel will not forsake them.

Isa 41:18 I will open rivers in high places, and fountains in the midst of the valleys: I will make the wilderness a pool of water, and the dry land springs of water.

Isa 41:19 I will plant in the wilderness the cedar, the shittah tree, and the myrtle, and the oil tree; I will set in the desert the fir tree, [and] the pine, and the box tree together:

Isa 41:20 That they may see, and know, and consider, and understand together, that the hand of the LORD hath done this, and the Holy One of Israel hath created it.

[Fred Nerks]

I'm sitting in Australia waiting to hear the wail of ambulance sirens - praying it comes quickly to take Terri out of that terrible hospice, I won't be able to sleep until I know she is in a hospital where qualified medical personnel will take care of her.

[Petronski]

Zy Gesundt!

Is that "Be Healthy!" by chance?

[Finalapproach29er]

I see a feeding tube hooked back up yo Terri Schiavo by mid day tomorrow
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Think there is time? Her heart rate was climbing on Sunday according to that gargoyle-lawyer. I'm not sure she has even 12 hours.


HIS will be done, I guess. Up to the big guy.

[MamaLucci]

Here's your exact words, Hunble:

I will say it once again! At this time, it will be a painful torture for her body.

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

[flowergirl]

Sorry @ the double post :)

[drlevy88]

That, AND the FL constitution (or else the makeup of the SCOFLA) needs to be changed. I understand the SCOFLA had already mandated that "clear and convincing evidence" about a person's wishes (even hearsay sans any oath or document) was sufficient to starve that person to death. I hope there will be a constitutional initiative later this year to fix just that.