http://www.newsmax.com/archives/articles/2003/10/13/170257.shtml
Last Chance to Save Terri Schiavo From Starvation: Divorce
Phil Brennan, NewsMax.com
Tuesday, Oct. 14, 2003
In a last-minute attempt to save Terri Schiavo from a gruesome court-ordered death by starvation, lawyers plan to file suit in Tampa, Fla., today seeking a divorce for the disabled woman, informed sources told NewsMax.com.
According to our sources, lawyers believe they have a fighting chance to stop the execution, due to begin at 2 p.m. Wednesday, while the suit proceeds.
Many medical experts insist that Mrs. Schiavo can be rehabilitated and taught to feed herself. She has just hours left before her feeding tube is shut down and the agonizing death by dehydration, a 10- to 15-day ordeal, begins.
NewsMax.com's main source said that should the divorce suit be accepted, Judge George Greer's order could be stayed. Should a divorce be granted, Terri's husband, Michael, would lose his standing as her guardian, and his demand that his wife be killed would no longer have any legal force.
The source said that in view of the fact that Terri's husband is living with another woman, has already sired one child by her and is expecting another child, the lawsuit could charge him with adultery and cite that as justification for a divorce decree.
Terri's parents, Bob and Mary Schindler, filed a federal lawsuit Aug. 30 against Schiavo; his attorney, right-to-die advocate George Felos; and two of the nursing facilities where Mrs. Schiavo had been previously kept. The lawsuit alleged violations of the Americans with Disabilities Act, the Emergency Medical Treatment and Active Labor Act, the Rehabilitation Act of 1973 and Terri's civil rights under the First, Fifth and 14th Amendments.
On Oct. 10, however, U.S. District Judge Richard Lazzara, a Clinton appointee, refused to enter an injunction to order tests to determine if Mrs. Schiavo could swallow food on her own prior to Wednesday's scheduled removal of her feeding tube. He dismissed the suit.
"The motion to dismiss was granted," Pamela Hennessy, spokeswoman for the Terri Schindler Schiavo Foundation, told CNSNews.com just after the hearing Friday afternoon. "He denied the injunction, as well."
Greer had ruled that no new swallowing tests would be administered. The family has not yet announced whether they will appeal that ruling. Hennessy said Lazzara's dismissal of the federal lawsuit might not be subject to appeal.
Oops: Murder Is Against the Law
According to the Associated Press, health workers charged with removing the feeding tube might have to choose between violating Greer's order or Florida law. Under Title 46, Chapter 825, Section 102 (3)(a) of the Florida Criminal Statutes, the crime of "neglect of an elderly person or disabled adult" occurs as the result of:
"A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult."
Terri's parents have not yet said whether they might pursue criminal charges against the caregivers at the hospice where she is living if they attempt to remove the tube.
As NewsMax.com reported in Legalized Murder: Terri Schiavo and Death by Starvation, death by dehydration - refusing nourishment to conscious, cognitively disabled people who need feeding tubes to stay alive and but are judged by some to have a life not worth saving - has become widespread in America.
This is my revised letter that I sent (successfully) out this afternoon to Jeb at his Executive Office of Governor fax and regular office fax:
10/13/03
Jeb,
It is your responsibility when all justice has failed to step up to the plate. I will thank you for everything you have done if and only if you save Terri's life otherwise what is there to give thanks for? See below for statement from Terri's parents. Michael can have all the money he illegally procured stipulating Terri's rehabilitation. Other caring people will see to it that she does get rehabilitation without his dirty money. I would submit that if you don't want your hands bloodied you should do what is right and under your power as Governor to stop Terri's murder by the State (need I tell you that you represent the State?) and this because of the chicanery of Michael Schiavo/George Felos/Judge Greer and a complicit 2nd District Court of Appeals, etc. Terri does not deserve to come home in a body bag or an urn. She deserves rehabilitation and a chance to live after 13 years of being sequestered away, tortured (both physically and mentally), etc. by Michael Schiavo. This is nothing more than terrorism. Please do what is right. You have the right, the responsibility and the power to stop an innocent disabled person from being murdered in this our State of Florida. Please do not wait for tube removal because Terri will have been irreparably harmed. This would not allow for Terri to get the rehabilitation she was promised. Terri never said, and again I quote Felos, No tubes for me!. See the Federal court records of Oct. 10th. You are the Governor, you have the power, and I am begging of you to do that which is necessary to stop any harm that would come to Terri. As the Chief Law Enforcement Officer of Florida again I beseech you to intervene.
Regards,
Juan Schoch
Extremely Concerned Florida Resident
United States Citizen
Cell:
I sent an e-mail to my sister in Tampa who works in St. Pete, and she is passing the info along to everyone in her office. I asked them to go to the vigil or do anything they can to help Terri. There seems to be the same sense of outrage about this as we have, judging from the comments I'm getting back so far. In my e-mail I urged everyone to go to Terri's website and watch the video. I told them that the media continues to portray Terri as comatose and PVS and that it's a lie. I said it was urgent, that Terri only had 2 more days before they remove her tube. I'm hoping and praying that some of them will get to take part in what's going on down there, since I'm so far away.
I am happy and excited that maybe Terri can get some positive attention for a change. I look forward to watching Hannity & Colmes tonight. We need to get Jeb Bush to go visit Terri himself. Please help her, Jeb!
I'll gladly ping my FoxFan list and my other "Misc" list. Could you tell me which thread or post on this thread has the latest update on Terri's case? (This is such a long thread) I'm sure some FReepers on my lists will be wondering where to go for the latest news on this. Thank you.
oops. wrong thread.
Wesley J. Smith and David Kirkland will be featured guests on Coast to Coast AM tonight starting at 1.00am ET. This is discussing Terri's case and the culture of death. Please let everyone in on it.
www.coasttocoastam.com or www.artbell.com
Heavenly Father, we thank You that there seems to be a whirlwind of activity around Terri ... Merciful God, I pray that You will send forth Your Word ... "In his hand is the life of every living thing, and the breath of all mankind" .. Job 12:10 ... You promise that Your word will not return void, but will accomplish Your every purpose. Stir up the people, I pray, that their outrage at the planned execution of a disabled woman reaches all those in positions of authority over us. Cause them to do justly, to love mercy, and to walk humbly with their God.
There is none like You, O Lord, and none but You can save Terri, for the ears of the judges have been stopped. Open up a way, Father ... part this sea of evil ... let us not rest until Terri is returned to her beloved parents ... take pity on this mother's heart, and save her, for Jesus sake, Amen ...
They decided not to air what we wanted at the last minute. They had some legal issue as to whether it would be legal to air it.
Check www.terrisfight.org later tonite - it will be there!
The show will be on, just without that particular video.
Oh so they wimped out.. I will do my best to get it distributed as far and wide as I can.
I think the legal issue has something to do with Michael having say over use of Terri's image, you know, her right to privacy. Of course right to privacy will always take precedence over right to life itself! (/sarcasm, /rant)
Wesley Smith, author of "Forced Exit" and David Kirkland, a Terri volunteer will be on Coast to Coast radio tonight at 1am Eastern time!
Also at 9pm Eastern www.highway2health.net will start their around the clock coverage on Terri - yep AROUND THE CLOCK COVERAGE - LIVE!!!!!!!!! Stay tuned, many different people will be on.
We will have more show info for you tomorrow! Finally some of the media are waking up!