Federal judge says Federal Judge says Terri Schiavo must die

World Net Daily ^ | Oct 10, 2003 | Sarah Foster

[amdgmary]

Federal judge says Terri Schiavo must die Rejects plea by parents to allow disabled woman to live

Posted: October 10, 2003

By Sarah Foster © 2003 WorldNetDaily.com

A federal judge in Tampa, Fla., has ruled against Terri Schiavo, the 39-year-old brain-disabled woman, whose death by court-ordered starvation is scheduled to begin in four days. The ruling clears the way for her husband, Michael Schiavo, to remove the feeding tube his wife depends upon for food and hydration.

Bob and Mary Schindler (courtesy Bay News 9)

At the end of a three-and-a-half-hour hearing this afternoon, U.S. District Judge Richard A. Lazzara rejected a plea by Terri's parents, Robert and Mary Schindler of Gulf Port, Fla., to assume federal jurisdiction over the case, refusing to acknowledge that her constitutional rights, in particular her 14th Amendment right to due process, had been violated.

He also rejected a request by the Schindlers for a temporary injunction on removing Terri's feeding tube, until she has received sufficient therapy and training to enable her to be spoon-fed.

He granted a motion to dismiss the Schindlers' petition made Monday by Schiavo's attorney George Mr. Felos, a well-known "right-to-die" advocate.

The case was argued in court by Christopher Ferrara, of the American Catholic Lawyers Association, co-counsel with Patricia Anderson representing the Schindlers and Terri herself.

Pamela Hennessy, volunteer spokesperson for the Schindler family, attended the hearing and pulled no punches in comments to WorldNetDaily.

"I sat there in the courtroom, and it seemed that he cut off every other sentence Chris made. He interrupted him endlessly. I don't think [Lazzara] let him finish too many sentences. I don't think Chris was really heard."

Gov. Jeb Bush

Not even the fact that the Florida Gov. Jeb Bush had stepped into the fight for Terri earlier this week by filing a friend-of-the-court brief on her behalf impressed the judge, said Hennessy.

"[Lazzara] didn't care," she said. "He said the governor's brief was well-written and he allowed him to be admitted as a friend of the court, but he said that [Bush] was only a friend of the court and had no power to intervene."

Hennessey took umbrage at the notion that as a federal judge he cannot take jurisdiction.

"Of course he can," she exclaimed. "[Terri's] constitutional rights have been denied. He could have stepped in, but nope – he washed his hands of it, he didn't want to get involved at all."

Michael Schiavo (Photo: WFLA-TV)

As WorldNetDaily reported, the Schindlers have been fighting with their son-in-law Michael Schiavo for 10 years over the lack of care and therapy Schiavo has provided for their daughter, who suffered massive brain damage when, at the age of 26, she collapsed at her home 13 years ago under mysterious circumstances.

The contentious family dispute escalated into a major euthanasia battle in 1998 when Schiavo petitioned the Florida courts for permission to end his wife's life by disconnecting her feeding tube, insisting she is in a "persistent vegetative state" and that in casual conversations she had told him she would not want to be kept alive "artificially." Although Terri breathes on her on and maintains her own blood pressure, she requires a simple tube into her abdomen to her stomach for nourishment and hydration.

Terri Schindler-Schiavo before her disability.

Although Terri's parents and siblings have claimed for years that she recognizes them and tries to talk – and over a dozen prominent doctors and therapists have stated under oath that she is not in a persistent vegetative state and with therapy could be rehabilitated – a handful of doctors have testified she is "vegetative." They claim her expressions and vocalizations are simply reflex actions and that she will never regain consciousness. Despite a scarcity of expert testimony and evidence for Schiavo's position, Greer and Florida's appellate courts have consistently sided with him and Felos, his attorney.

When the seven-member Florida Supreme Court washed its hands of the matter in August by turning down an appeal by the Schindlers to review the case, the way was clear for Schiavo to starve his wife to death.

On Sept. 17, probate Judge George Greer, of the Pinellas-Pasco Circuit Court, scheduled Oct. 15 as the day Terri's feeding tube would be removed.

At the same time but in separate rulings, Greer – who has been in charge of the case from almost the beginning – denied any rehabilitation whatsoever for the disabled woman. An Aug. 26 request by the Schindlers asking that their daughter be allowed an eight-week trial of speech, occupational and physical therapy, was summarily rejected by Greer along with a motion made Sept. 10 that she be taught to swallow food so she could be spoon-fed.

With the state courts closed against them, the Schindlers sued their son-in-law in federal court to block the scheduled Oct. 15 removal of their daughter's feeding tube. In their Sept. 22 request for a preliminary injunction, they asked Judge Lazzara that Terri be given therapy for a sufficient time to wean her off her feeding tube and return her to nutrition by mouth.

Today's ruling by Lazzara has destroyed that opportunity and the hopes of Terri's family and supporters that she would be allowed to live.

Terri's feeding tube is scheduled to be removed at 2 p.m. Wednesday. Physicians say her slow death by starvation and dehydration will take anywhere from seven to 14 days.

The Schindlers and their attorneys were unavailable for comment.

Legal documents and information on Terri's fight for life are posted on the family's website.

[Xenalyte]

I think the time has come for more extreme measures.

Don't know where you are, but I'm in Texas. Want to take a few days off, run down to the Geezer State and stage a commando raid?

I am dead serious.

[Ferret Fawcet]

I applaud everyone who is willing and able to take direct action down there in Florida. God be with you all.

For the rest of us who are unable to participate in a Florida FReep for Terri, won't you please consider taking a few minutes out of of your day to phone, fax, or e-mail politicans (local and federal), and members of the media? Time is running out for Terri... she can't help herself and needs YOU to make an effort on her behalf.

Please visit conservative111's thread for more info about where to send your phone calls, e-mails, and faxes. Just a little effrot could make a BIG difference- the difference betwen life and death. I don't know how all this will turn out, but at least we'll know we tried to help.

Freaky things happen all the time- it is not out of the realm of possibility that we could find ourselves or our loved ones in this very same position someday. Please do what you can.

[honeygrl]

"I truly pity all of those people who think that just walking around, breathing, eating and procreating is living."

No need to pity us procreators. :) We are very happy chasing our children around and watching them mature and learn new things. Children give you a whole new level of fear to feed off of. :)

[Ethan_Allen]

Right - and something to think about rather than ourselves.

[Ethan_Allen]

Pardon some of us for being passionate. Some of us believe even ONE human life is worth defending. We think it is even MORE important to do so when that life may be used as a precedent to inflict the same harm on others. Please refer to this page.

http://www.freerepublic.com/focus/news/986663/posts?q=1&&page=2051

Thank you for your comment, honegrl. I hope you didn't think I was snipping at you. I agree with you wholeheartedly.

[Sabatier]

This is a situation which is very imbalanced legally.

Our laws are such that enormous power is invested in the person who acts as guardian in a case like Terri's. In this case her husband is her guardian and he speaks for her - legally. He's speaking for her as her legal representative, saying what she would want.

From the legal point of view the decison was made long ago that she can't speak for herself.

But maybe that decision was made in too much haste. Maybe Terri can speak for herself and hasn't been given the chance.

That's the heart of the matter here, what Terri would want. It's very troubling that she hasn't been given the proper therapy that might allow her to indicate what she would want.

Since the family sees evidence of her understanding and attempting to communicate and "over a dozen
prominent doctors and therapists have stated under oath that she is not in a persistent vegetative state and with therapy could be rehabilitated", that seems like enough reason to at least make an attempt to find out what Terri wants.

Was Terri deprived of her right to speak on her own behalf? If I were the judge in a case like this I would not want to risk that possibility.

[Ethan_Allen]

The problem is Sabatier, if Terri would be helped to talk, she would be able to tell what happened that night she stopped breathing.

[MeekOneGOP]

Thanks ! bttt ...

[EggsAckley]

And what DID happen to her that night? Does anyone know? I'm fairly new to this situation and don't know all the background.

[Ohioan from Florida]

No one knows for sure except Terri and her "husband". There is speculation that he may have tried to strangle her. A Nobel nominee doctor (Hammesfahr-sp?) who is familiar with Terri, and has personally examined her, said that the only other time he's come across a rigid neck like Terri's was in a strangulation. I believe that this was admitted in courtroom testimony.

Also, Terri complained of pain during her early on rehab, so a bone-scan was ordered. It showed multiple fractures, and one comment by a doctor was that "she was worked over pretty well". Go to her website (link below) and look around. You will be astounded that they are trying to take away this woman's food and water!

http://www.terrisfight.org/

[EggsAckley]

Thanks for the link. I WILL go and read it. I ALREADY am amazed by this case, and expect to be even more so.

[Ohioan from Florida]

The video of Terri will absolutely floor those who think she is comatose or PVS as the courts and the media portray her!

[EggsAckley]

I'm still very curious about how she came to be in this state. Her website doesn't really cover that.

[yesnettv]

Terri will be on Hannity tonight. Spread the word!
There is new video of Terri which will cause Michael and Felos extreme DRAMA!
One for our side!
This is an urgent message!

[EggsAckley]

Thanks for the heads-up!

[honeygrl]

BTTT!

[Sabatier]

That's one of the aspects of this case that's so troubling - why should anyone be afraid of what Terri might have to say?
All these years have gone by during which Terri could have gotten therapy and might have been able to communicate. To deny her that seems like a fundamental violation of her civil rights. It doesn't seem right.

[ZinGirl]

BTTT