AP: Federal appeals court OKs Schiavo review

St. Petersburg Times ^ | March 30, 2005 | RON WORD

[Cincinatus' Wife]

PINELLAS PARK, Fla. (AP) -- In a rare legal victory for Terri Schiavo's parents, a federal appeals court early Wednesday agreed to consider their request for a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube.

The 11th U.S. Circuit Court of Appeals in Atlanta ruled without comment and did not indicate when it would consider the motion. Last week, the same court twice ruled against Schiavo's parents, Bob and Mary Schindler, who are trying to keep her alive.

But time was running out - Bob Schindler described his daughter as "failing" on Tuesday, her 12th day without nourishment.

"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."

Doctors have said Schiavo, 41, would probably die within a week or two of the tube being removed.

Wednesday's ruling was a ray of hope for the Schindlers, who have lost a string of court battles over their daughter's fate. The case has wound its way through six courts for seven years; the U.S. Supreme Court declined to intervene five times.

Protesters keeping a 24-hour vigil outside the hospice praised the latest ruling.

"There's a chance for a miracle," said Christine Marriott, 43, who rushed to the hospice after hearing the news on TV. "Anything positive is a breath of life."

Terri Schiavo's feeding tube was removed March 18 on a court order sought by her husband, Michael, who contends she wouldn't want to be kept alive artificially. 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.

But the Schindlers have maintained that their daughter would want to be kept alive. In seeking the new hearing late Tuesday, their attorneys argued that the District Court "committed plain error when it reviewed only the state court case and outcome history."

Now, the court will consider the request for a new hearing based on the facts of the case, rather than whether previous Florida court rulings have met legal standards under state law.

Attorneys for the Schindlers and Michael Schiavo didn't immediately return phone messages early Wednesday.

"I think the courts want to be sure that there's no accusation that any legal argument was ignored," said attorney Neal Sonnett, former chairman of the American Bar Association's criminal justice section.

Federal courts were given jurisdiction to review Schiavo's case after Republicans in Congress pushed through unprecedented emergency legislation aimed at prolonging Schiavo's life. But federal courts at two have levels rebuffed the family.

On Tuesday, Mary Schindler 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's collapse.

Although supporters of the Schindlers have claimed the dehydrated woman is being denied comforts 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."

The Rev. Jesse Jackson prayed with the Schindlers on Tuesday 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."

Jackson said he asked Michael Schiavo for permission to see Terri 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."

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. The man had two bottles of water with him but did not reach the hospice door, police said.

On Tuesday, the Schindlers had lost a round in the courts Tuesday when an appeals court upheld a previous ruling by Pinellas County Circuit Judge George Greer that blocked the Department of Children and Families from intervening in the case.

[Cincinatus' Wife]

***....Now, the court will consider the request for a new hearing based on the facts of the case, rather than whether previous Florida court rulings have met legal standards under state law. ...***

[Lexinom]

Let's get that tube back in ASAP and get treatment to reverse and minimize the permanent organ damage that has doubtless taken its toll.

[tessalu]

The Courts have failed the people of America. Our government has failed us, and the people are crying out, for it is a murdereous act against every one of us, the murder of Terri Schiavo.

[Keith in Iowa]

I hope they don't drag their feet until this appeal is moot.

[tessalu]

Michael Schiavo, Judge Greer, and George Felos have taken up the same murdereous acts of Hitler. They have taken up where Hitler left off. What are we to tell our children?

[agere_contra]

The Rev. Jesse Jackson prayed with the Schindlers on Tuesday and joined conservatives in calling for state lawmakers to order her feeding tube reinserted

Ok, he's grandstanding, but he's grandstanding on the side of the angels at least

[Cincinatus' Wife]

I hope they don't drag their feet until this appeal is moot

It makes one wonder, doesn't it?

[GloriaJane]

When are they going to put in her feeding tube? Are they going to make her wait while they have another hearing?

[Petronski]

Here's the running thread on this news.

[Cincinatus' Wife]

Re Jesse Jackson:

The enemy of my enemy is my friend.

Miracles do happen.

Maybe he'll vote for the GOP candidate in 2008.

[Cincinatus' Wife]

Thank you.

[drlevy88]

I'd think that a rehydration / refeeding (to prevent Terri from being lost) would be the first petition made in this hearing.

[GloriaJane]

Oh I pray!

[Cincinatus' Wife]

Where there's life, there's hope.

[Free2Be49]

 

Mary Schindler, Terri Schiavo's mother, leans on her husband Bob Schindler's, shoulder during a press conference outside the Woodside Hospice where Terri Schiavo is a patient on Tuesday, March 29, 2005 in Pinellas Park, Fla. Mary Schindler asked Michael Schiavo to give her daughter back. (AP Photo/Evan Vucci) 

In seeking a new hearing late Tuesday, attorneys for Schiavo's parents argued that the District Court "committed plain error when it reviewed only the state court case and outcome history."

Now, the court will consider the request for a new hearing based on the facts of the case, rather than whether previous Florida court rulings have met legal standards under state law.

There was no time frame for the court to consider the motion, but the Schindler's attorneys asked to have the tube reinserted immediately "in light of the magnitude of what is at stake and the urgency of the action required."

 
 

[Mr Ramsbotham]

The court will hear the petitioner's request, but meanwhile the execution will proceed as scheduled.

[Cincinatus' Wife]

I agree.

I know He has a plan.