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

---

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

[PleaseNoMore]

I will offer one of mine if I am compatiable and she needs it to live.

[Fred Nerks]

Thank you very much.

[jude24]

How is something liquid if it shrinks?

The brain matter wasn't liquifed before, it is now. Seems simple enough to me, but my undergrad is in chemistry, not biology.

[NautiNurse]

Felos & Co. managed to change the laws to suit his end game right under our noses. Felos is 4+ creepy.

[NautiNurse]

The brain matter wasn't liquifed before, it is now.

No--the brain matter atrophied (shrunk). CSF filled in the void in the skull.

[UnbelievingScumOnTheOtherSide]

Obviously, I think that judges have no power whatever to give orders to the executive what to do or not do in execution of his powers. Even though the local executive, the sheriff, decided to give force to the judge's order, and the governor has no direct authority over county sheriffs, even those were not insurmoutable problems or cause for civil war. Under the Florida constitution the governor can replace the county sheriff and maybe even the judge for misfeasance, such as interfering with DCF and the state police which are under the governor and not subject to the judge either.

FLORIDA CONSTITUTION

ARTICLE VIII - County Government
Section 1
(d) COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court;

ARTICLE IV - Executive
SECTION 7. Suspensions; filling office during suspensions.--
(a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.

ARTICLE III - Legislative
SECTION 17. Impeachment.--
(a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office.

[Arthur Wildfire! March]

"Yes, A shootout at the Hospice Corral WOULD have been a disaster."

Consider this:

"I, Governor Bush of the State of Florida, have just signed an executive order that there's a state of emergency around Terri Schiavo's [Schindler's] hospice. This EO gives me authority over all local police in that peculiar county. As their governor, and for the time being, their final authority, I order them to stand down, to not fire upon any officers under my charge, as we take her, provide her with imediate IVs for hydration, and whisk her off to a nice Christian hospital up in Lynchburg, one run by Jerry Falwell Ministries. Don't mess with those fellas up there. They are somewhat... chivalrous."

Extreme? You bet. Possible? You bet. I understand why he didn't do it, however. If Jeb considered it, his advisers would tear their shirts off, stomp on their brief cases, shout in his ear, and call him a lunatic. That's what college education does to our nation's leaders.

FReegards....

[Pepper777]

NautiNurse Wrote: ""A shootout at the Hospice Corral would have been a disaster, particularly when there is evidence the Schindler's attorney did not approach the federal court with the most prudent case when given the opportunity."""


I've heard similar comments about the Schindler's attorney, too. You used the word evidence. Do you have specific evidence of neglect on the part of the attorney?

A possible answer to my question from Fox News right now. Peter Johnson just said they originally asked for a Jury trial. When Johnson, said Jury trial, he appeared to mean that was nuts?? I'm really confused about this?

Peter Johnson just now said - Too little, too late. :( :( I'm gonna go to bed. I'd rather not listen to the spinners on Fox anymore. I just hope Terri gets a chance for her life to be restored to her. She's never gotten the chance to recover from her injuries due to her horrible husband.

How the courts ever allowed the abusing man to remove her food and water from her, in addition to the 15 years, he's kept her a prisoner - giving her no therapy or treatment - is so hedious, it's beyond words.

Prayers for Terri and her family. God Bless them, for fighting the courts and all others, who have abused an already injured and disabled woman. Our country will never recover from this horror, if it is not stopped.

I'm shocked our country has come this close to Murdering Terri Schiavo, an innocent woman, whose only crime was marrying Michael Schiavo. Only God can restore our land to sanity.

[UnbelievingScumOnTheOtherSide]

Yes, A shootout at the Hospice Corral WOULD have been a disaster.

And unnecessary. See post #986. The governor could replace both the sheriff and Judge Greer almost at will under the Florida constitution. Been sending this around.

[UnbelievingScumOnTheOtherSide]

See #986

[Protect the Bill of Rights]

Question for anyone....

I know it will not happen in this case, but curious...is there one person in the judical system, besides Greer of course, who could grant emergency relief to anyone in a situation such as this on a dime?

(not talking about Jeb and the Guard or the President)

[UnbelievingScumOnTheOtherSide]

Nope. Not unless Greer were removed. See #986.

[syriacus]

(Descartes addressed this in his proposition that it is our awareness, our consciousness that defines our being: "Cogito, ergo sum." This logic would imply that unless we are aware and conscious, we cease to be.)

That's bad logic.

The statement,
"I don't think, therefore, I am not,"
cannot be proven true,
from the truthfulness of the statement,
"I think, therefore I am.The "I don't think"statement is merely the inverse of the "I think "statement."

Elementary logic: Inverse: The inverse is simply the conditional with ‘not’ added to it.

1.Statement: If p, then q
2. Inverse: If not p, then not q

A statement is not logically equivalent ... to its inverse.

[Arthur Wildfire! March]

Thank you!

[Earthdweller]

Hey..glad you are here to help clear up some of the misinformation.

I have been battling this for 10 days already and some are still repeating the "brain dead" baloney that the MSM was parroting early on.

You can't really blame some folks for not knowing the medical significance of that statement but it has been really frustrating for me.

Glad to hand you the baton since I will be working all day.

I will make a visit with a CP child with severe brain damage and a feeding tube.

I think I will give him a hug for you.

God bless you.

[NautiNurse]

Should have used the term indication rather than evidence.

When the first petition was thrown out, my initial reaction was that Gibbs was likely sleep deprived.

[RedBloodedAmerican]

It is amazing that all this time, as Felos has spoouted that "this case has been ruled on 22 times by different Judges and courts", all the rulings have been only on reviewing the ruling by Greer. That none of them have looked at the facts surrounding this individually. Just amazing.

[PigRigger]

Maybe, just maybe, they are starting to understand that this women may very well be conscious. At the very least, it appears, they want to be sure one way or the other.

A conclusive diagnosis of PVS should be agreed upon by ALL before sentencing this poor women to death.

To think that it is possible that this women may very well be conscious of her execution is horrifying beyond words.

To understand that our Judicial System dismissed all doubts of her diagnosis (over 30+ affidavits supporting that she may not be in vegetative state), and allowed for her execution, without review is a dereliction of responsibility.

This should have happened months ago; pursuing all other avenues was a waste of time.

Unfortunately, I fear it may be to little to late...IMHO....

[NautiNurse]

not knowing the medical significance of that statement but it has been really frustrating for me.

LOL--I've been providing neuro lessons around here for weeks. So many students, so little time.

[sweetliberty]

"Felos did not return phone messages seeking comment from The Associated Press."

Felos missed an opportunity to mug for the cameras? What's up with that? This is indeed a new turn of events.

Hey y'all. Have you seen this?