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Husband in Right to Die Case Moves to Block Parents in New Trial
Tampa Bay Online ^ | Nov 3, 2003 | A P

Posted on 11/03/2003 6:08:39 PM PST by sweetliberty

CLEARWATER, Fla. (AP) - Attorneys for the husband seeking to carry out what he says is his wife's end-of-life wishes said in court papers Monday her parents shouldn't be allowed to enter the constitutional fight over the new law which is prolonging her life. Attorneys for Michael Schiavo, whose wife Terri is at the center of the massive legal battle over whether she lives or dies, responded to legal filings seeking a judge's permission to allow Bob and Mary Schindler to become parties in the challenge of the new law.

The law allowed Gov. Jeb Bush last month to order Terri Schiavo's feeding tube - which has kept her alive for more than a decade - be reinserted six days after her husband ordered it removed.

Michael Schiavo's attorneys said that while the Schindlers arguably had a stake in the legal battle on whether their daughter's wishes should be carried out, the legal challenge of what's been dubbed "Terri's Law" is between her husband and the governor's attorneys.

"The rights at stake in this litigation are uniquely those of Mrs. Schiavo and it is those rights that are directly affected by the challenged legislation and Governor's actions," said the legal response filed in Florida circuit Court. "The Schindlers' interest in continuing to pursue their belief that the prior litigation was wrongly decided simply does not meet the requisite legal standard for intervention."

Doctors and a judge have ruled that Terri Schiavo is in a persistent vegetative state with no hope for recovery. She suffered severe brain damage in 1990 when her heart stopped beating - cutting off oxygen to her brain - because of a chemical imbalance.

The conservative law firm founded by religious broadcaster Pat Robertson asked last week to be allowed to intervene in the case on behalf of Schindlers. Circuit Court Judge W. Douglas Baird would have to grant permission for the Schindlers to enter the lawsuit.

The couple have said their daughter had no end-of-life wishes and believe she could be rehabilitated. They also dispute that she is in a vegetative state and believe she has enough mental abilities to respond to them.

The American Center for Law & Justice said in its filing that it believes lawmakers and the governor were within their authority to intervene in the case. Her parents are seeking to be appointed their daughter's guardians and to exclude them from the case would "violate their constitutional rights to be heart," the law firm said in its filing.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Florida
KEYWORDS: constitution; georgefelos; guardianfromhell; michaelschiavo; righttolife; terri; terrischiavo
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To: ChemistCat
"Terri is on TRIAL for the crime of being inconvenient."

And the Constitution is on trial (again) for getting in the way of the communazi agenda.

121 posted on 11/03/2003 11:25:24 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: kenth; Deep_6
KENTH WROTE TO DEEP_6: "Give us a break. You're not arguing to allow her to be " permitted to go in our Lord's direction", you're arguing that she's useless in her state and therefore deserves killing. What you [Deep_6] want is a right to kill people you deem to be useless to society, no matter how much you try to cloak it in some twisted attempt at empathy."

I AM RESPONDING: "That EXACTLY what HITLER did to disabled people! He used them as tortured human ginnea pigs, unable to defend themselves...It is VERY SICK!!!"

I AM ADDING: "I repeat the CHALLENGE I made to you in post #99. I said: "I CHALLENGE YOU to go talk with PARENTS of mentally and/or physically handicapped kids. Go to a Special Needs School and talk with the teachers. ASK THEM if they believe that there's "no chance of recovery" or "no chance for improvement" or if their children "are worth letting live." I CHALLENGE YOU TO GET EDUCATED!!! I GUARANTEE YOU---the parents and teachers will say they ARE alive and their lives ARE worth living!"

122 posted on 11/03/2003 11:37:36 PM PST by Concerned
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To: Deep_6
I've asked this question of several people who want Terri to die, and they just won't answer it. Now I'll ask you:

What do you stand to lose if Terri gets to live?

Those with untenable positions usually do one of three things at times like this:

I wonder what it'll be this time.

123 posted on 11/03/2003 11:42:55 PM PST by Wampus SC ((Fly the Gadsen Flag))
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To: NoControllingLegalAuthority
"I thought wanting to snuff your wife "for her own good" was not a valid excuse."

Apparently it is in FloriDUH! Why do you think OJ moved there?

124 posted on 11/03/2003 11:43:37 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: No More Gore Anymore
"Can this guy be any more transparent in his quest to kill his wife?"

Only difference between Michael (HINO) Schiavo and Scott Peterson, is that the state is trying to help Schiavo carry out (or complete) his crime. California may be a bunch of liberal whackos, but at least they still convict murderers, not act as accomplices.

125 posted on 11/03/2003 11:47:27 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: Deep_6
You stated that her (Terri's) cerebral cortex is "gone".
Where did it go, and what caused it to disappear?
How would anyone know, except to surmise, when it CANNOT be seen until autopsy?

You stated your idea for a reason that the pictures of Terri were not shown in court.
Could it be possibly because the judge is LEGALLY BLIND (CANNOT BY LAW DRIVE A CAR)?
126 posted on 11/04/2003 12:00:16 AM PST by oreolady (Have you reviewed your living will lately?)
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To: US admirer
My belief in LIFE isn't what a pastor told me!!!
It is my basic tenet, (do you even know what a tenet is?)having grown up in a more moral age for society.
How dare you offend the people here in a discussion board by criticizing their religion, when your statement about us knowing only what our religion "tells us"!!!
I can't imagine anyone whith such an ignorant attitude.
127 posted on 11/04/2003 12:08:44 AM PST by oreolady (Have you reviewed your living will lately?)
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To: WackyKat
oops, you're forgetting about life, liberty, and the pursuit of happiness!!!
This isn't a "religious agenda" issue, it is much more, it is the slippery slope towards an unjust idea to lighen up the world's population, just read the futurists books!!!!!

No different than Hitler's agenda for blonde, white people to be allowed to live on the earth, just a different name, perfect world, not using medical dollars, eh? Now that all those blind, disabled useless eaters are gone!
128 posted on 11/04/2003 12:14:51 AM PST by oreolady (Have you reviewed your living will lately?)
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To: seekthetruth
"I think he just wants to make sure she does not get to talk.....ever!"

I think it's a strong possibility....but even trying to be more objective, the possibility should at least be addressed and investigated. Meanwhile, Terri's life is still in the hands of the man who may have hurt her to begin with. If an error is to be made, shouldn't it be made on the side of caution? If he succeeds in killing her, and it is later determined that he was responsible for the trauma that left her brain-damaged, that error in judgement cannot be undone and the state will have not only condoned, but assisted him in his crime.

I cannot even believe that we are having this discussion!

129 posted on 11/04/2003 12:15:11 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: Petronski
And KrazyKat sez:
Duh! "What's a bible?"
130 posted on 11/04/2003 12:18:15 AM PST by oreolady (Have you reviewed your living will lately?)
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To: WackyKat
WACKYKAT WROTE: "And your proof that Schiavo is guilty of attempted murder is what?"

I AM RESPONDING: "Until "LOVING" Hitleresque-husband Michael is convicted of anything, I am not going to say he IS DEFINITELY guilty of anything, but he and the EXTREMELY FISHY, CONFLICT-OF-INTEREST conditions need to be INVESTIGATED."

I AM ADDING: "For example, "LOVING" Hitleresque-husband Michael knew CPR but failed to administer it the night of the so-called, now DISPROVEN by cardiac enzymes and EEG, "heart-attack." WHY??? BTW, her neck condition was consistent with STRANGULATION. WHY???"

I AM ADDING: "A bone scan was done about 13 months after the so-called "heart attack" for a "head injury," but "LOVING Hitleresque-husband was never investigated even though HE HAD SOLE GUARDIANSHIP of Terri the whole time. WHY??? The scan-reading Doctor stated the patient (Terri) had a "history of trauma" (i.e. BEATINGS!!!)---but "LOVING" Hitleresque-husband was never investigated. WHY???

I AM ADDING: "He filed a $20 MILLION law suit, claiming that Terri had a 50 years life expectancy and stating---UNDER OATH---that he needed the money for Terri's REHAB THEREAPY---and then almost immeiately after receiving it, ORDERED that Terri was to receive NO REHAB THERAPY, no antibiotics for possibly FATAL infections, etc. WHY???

I AM ADDING: "Terri had a "stiff neck" upon entering the emergency room and was evaluated for "head injury." Those findings were consistent with STRANGULATION---but nobody investigated. WHY???"

I AM ADDING: "I don't have time to go into any more right now. Have you not been following the case? Have you not read the FACTS? Go read up on all the FACTS---as stated UNDER OATH---by NON-CONFLICTED witnesses and a radio interview by a former girlfriend. They have NOTHING to GAIN and EVERYTHING to LOSE by coming forward!!! WHY???"

I AM ADDING: "You'll find a lot of information at http://www.terrisfight.org They have put up the FACTS most of the news media have chosen to cover up."

131 posted on 11/04/2003 12:20:27 AM PST by Concerned
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To: sport
SPORT WROTE: "Personally as long as the alcu and myself are on opposite sides of an issue, I know that I am on the right side."

I AM RESPONDING: "Good point!

132 posted on 11/04/2003 12:23:02 AM PST by Concerned
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To: texaslil
"That being, his expenditure of monies used to build, or buy a $ 200,000- $ 300, ooo dollar home to house his most recentm "chippie," (and bastard babies) a BMW, and who knows what else."

But he's got that base covered. The house, the car, the business and all obvious assets are in the girlfriend's name. Apparently, on paper anyway, he is poor as dirt....poor enough that medicaid is footing the bill at hospice. I still want to know if he is collecting disability on her.

133 posted on 11/04/2003 12:28:27 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: yesnettv
YESNETTV WROTE: "Maybe Deep 6 needs electroshock therapy."

I AM RESPONDING: "Maybe so. The problem is, with so-called "thinking" like his, how could anyone tell if it did any good?...LOL!"

I AM RESPONDING: "Actually, PROPER electrotherapy CAN and DOES help. I have done some research on it. There is one HEAVILY RESEARCHED, FDA-cleared [Rx required] medical device that helps with pain (both acute and chronic), anxiety, depression and insomnia. I have even seen it help with stroke patients and my several-month-long-day-and-night headache pain. Send me a private reply if you would like to know more."

134 posted on 11/04/2003 12:35:47 AM PST by Concerned
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To: keri; Deep_6
DEEP_6 WROTE: "Terri's soul is locked inside a useless shell and keeping it there should be considered government ordered purgatory."

KERI RESPONDED: "Everybody's soul is "locked" inside a useless shell. (It's called a body.) I'd guess that Terri Schiavo's soul is lot less locked in her useless shell than you are in yours."

I AM RESPONDING: "Two points!"

135 posted on 11/04/2003 12:38:46 AM PST by Concerned
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To: kenth
"she is a human being with rights, which is what the State of Florida Constitution considers her."

Unless this latest fiasco decides that the pro-death agenda is more important than Terri OR her Constituional rights....or the Constitution itself for that matter. A real good gauge for those who don't have enough of a moral compass to recognize that starving a disabled person to death is murder, should be able to tell by looking at which side the ACLU is coming down on....because 99.9 times out of 100, they're on the wrong side of the issue.

136 posted on 11/04/2003 12:52:43 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: sport
"Personally as long as the alcu and myself are on opposite sides of an issue, I know that I am on the right side."

Bingo! I basically said the same thing in my last post.

137 posted on 11/04/2003 12:58:31 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: trussell; Ethan_Allen; Republic; Graymatter; FL_engineer
"Florida doesn't recognize Common Law marriages"

But it does recognize adultery....and adultery is illegal in the state of Florida. It is also grounds for disqualification of a guardian.

Was it one of y'all that found that guardian information, or do you remember where it was? If so, could you link it here? I forgot which thread it was on.

138 posted on 11/04/2003 1:12:25 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: keri
"I'd guess that Terri Schiavo's soul is lot less locked in her useless shell than you are in yours."

.


139 posted on 11/04/2003 1:17:53 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: oreolady
"Duh! "What's a bible?" ->

ROTFL!

140 posted on 11/04/2003 1:30:51 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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