Posted on 09/17/2003 10:23:12 PM PDT by sockmonkey
CLEARWATER - Terri Schiavo's feeding tube shall be removed Oct. 15, the trial judge in the case ruled Wednesday.
Also, Robert and Mary Schindler will not be allowed to provide their daughter therapy they believe could help her swallow spoon-fed food once the feeding tube is removed from her stomach, Circuit Judge George Greer said in a second ruling issued Wednesday.
Greer said he sympathized with the parents but concluded that their request to try spoon-feeding her amounts to a bid to litigate the case from scratch.
``It is not even a veiled or disguised attempt,'' the judge added.
The Schindlers said they expected Greer to rule against them.
An attorney for Michael Schiavo, who has been seeking court permission to discontinue his wife's life support since 1998, said the decision to delay the tube's removal until mid- October is disappointing.
Terri Schiavo suffered severe brain damage in 1990 when, at age 26, she suffered unexplained heart failure. Her husband's doctors say she is in a persistent vegetative state with no hope of recovery.
After a nonjury trial in January 2000, Greer ruled the evidence showed Terri Schiavo would not want to be kept alive by a feeding tube.
Her parents contend she reacts to them during bedside visits and could improve if given therapy.
The Oct. 15 date gives the Schindlers more time to come up with ``malicious and frivolous'' court pleadings aimed at keeping their daughter alive, said George Felos, Michael Schiavo's attorney.
Phone And Letter Campaign
Felos also accused the couple of mounting a ``malicious propaganda campaign against my client.''
A syndicated Christian radio show that airs in several Midwestern states has told listeners to call Gov. Jeb Bush and other state officials, along with Tampa Bay area media outlets, with calls of support for the Schindlers. The Schindlers also have a Web site with links to state officials and news outlets and have posted court records containing sworn testimony critical of Michael Schiavo.
In August, Bush said he had received more than 27,000 e- mail messages ``reflecting understandable concern for the well-being of Terri Schiavo.'' On Wednesday, Bush spokeswoman Alia Faraj said the deluge of calls and letters has continued.
``Thousands more have come in,'' Faraj said.
Bob Schindler said he expected Greer to deny his family's request for a chance to try spoon-feeding. At a hearing this week, Greer showed no interest in hearing testimony from a speech therapist who has had success weaning patients from feeding tubes, Schindler said.
``We don't expect anything from him. I'm not a bit disappointed or surprised,'' Schindler said.
In federal court, the Schindlers have until Sept. 22 to file an amended lawsuit aimed at keeping their daughter alive. Felos predicted that case will come before a federal judge before the feeding tube can be removed.
Time To Refine Arguments
Pat Anderson, the Schindlers' attorney, said she has ``many options left'' in addition to the federal lawsuit.
By setting the Oct. 15 date for the feeding tube's removal, Greer has given the Schindlers time to refine their legal strategy, she said.
``The Schindlers are relieved he did not order the starvation to begin at 5 o'clock today,'' Anderson said.
If the feeding tube is removed, Terri Schiavo is expected to die within a week to 10 days, according to court testimony.
In April 2001, the feeding tube was disconnected for two days on Greer's order, but feeding resumed after another judge briefly entered the case.
Since then, the Schindlers have appealed all the way to the U.S. Supreme Court without success in overturning Greer's original decision that Terri Schiavo would want to die.
Reporter David Sommer can be reached at (727) 799-7413.
Howard Dean was recently in Pinellas, that is, before Judge Greer snubbed Jeb Bush.
It there's even a sliver of a chance that Greer is a Dean supporter, he should be off the file.
The last Motion to Disqualify Judge Greer, HE HEARD THE MOTION HIMSELF! How absurd. I can't believe they didn't take their Motion to a General Master. That's like asking Gray Davis if he wants to be recalled or stay in office.
A motion to strike isn't the same as a gag order. Just because something is stricken from the court's record doesn't mean it can't be reported/broadcast.
Anyway, Terri's web site removed the Motion to J. Lazzara by the Catholics from her site. Drobot was looking for possible reasons why.
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