Husband in Right to Die Case Moves to Block Parents in New Trial

Tampa Bay Online ^ | Nov 3, 2003 | A P

[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.

[sweetliberty]

"Chocolate Rose" asked me to post this article.

Just when you think this HINO SOB can't get any more evil...

[Dr.Zoidberg]

When dealing with mankind, there is no bottom. So you can only guess how low that filthy POS can go.

[sweetliberty]

Terri's Army ping!

If you want on or off of this ping list, please let me know.

[ChemistCat]

The use of the word TRIAL is very interesting, isn't it.

Terri is on TRIAL for the crime of being inconvenient.

[ChemistCat]

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.

Not ALL doctors, and only ONE judge...

And the cause of her brain damage is DEFINITELY not what they say it is.

[ladyinred]

Why doesn't this evil man just go quietly into the night? It becomes more and more obvious this isn't about Terri, it is about the money.

[nothingnew]

...when her heart stopped beating - cutting off oxygen to her brain - because of a chemical imbalance.

Yeah...right....It couldn't have been "someone" trying to choke the life out her, could it?

FMCDH

[NoControllingLegalAuthority]

This loving husband sho' does want his wife dead...pronto!

According to him, it's for her own "good." I thought wanting to snuff your wife "for her own good" was not a valid excuse.

Even the Green River Killer is only getting life in prison and he killed 48 women!

Is Terri Schiavo worse than him?

[sweetliberty]

"Is Terri Schiavo worse than him?"

Apparently.

[mickie]

Will Pat Anderson have help in the courtroom this time around?
I sure hope so!

[Theodore R.]

I had no idea how corrupt FL was until the Terri starvation/dehydration order came twice from a "Republican" and "Baptist" judge. I thought that the 2000 vote dispute was just an unlikely outcome of a close election. It seems now that there is more skullduggery in FL than in most other places. Does this state still have the highest rate of violent crime? It is clearly a state where a civil judge alone can give one a death sentence and nothing can be done because the "trial judge" never errs! I don't think the people of FL have a clue! We already know that certain ones on the Atlantic coast can't use a simple butterfly ballot successfully.

[Diva Betsy Ross]

Can this guy be any more transparent in his quest to kill his wife?

[Republic]

Seems to me that we need an email address for this judge...the Shiavos are one absolutely cruel group of monsters.

And THEY do not want Terri's SIDE of this story out there in the national media should the Schindlers be allowed to participate in this ruling.

How much lower can Micahael Schiavo go?

For heaven's sake...they DO NOT BELIEVE Michael Schiavo saying their dtr wants to DIE and from even a cursory look at the the evidence in prior trials, they have good reason for this fear.

Michael wants these people to suffer...and they are.

I hope the work that MS and his attn are doing to crush the Schindler's becomes the talk of this nation.

[Dog Gone]

The legal challenge is between the husband and the state. The issue is the consitutionality of Terri's Law.

Just because someone is interested in the outcome of a case, doesn't entitle them to intervene in it. The courts simply cannot allow everyone who cares to intervene.

The Florida Attorney General is perfectly competent to represent the state in its effort to protect Terri. The Schindlers, and Pat Robertson for that matter, are not parties to these narrowly-defined legal issues, and the court will almost certainly decline their demand to get involved.

[sweetliberty]

The ACLJ and the Family Research council have joined the fight for Terri. Catch is, if I understand correctly, the judge has to grant permission for them to represent her. Convenient isn't it? That probably also has something to do with why this particular action has been filed. Felos and Schiavo want to eliminate the big legal guns. I don't think Felos believes in fighting on equal footing...or maybe it's that he knows that these other people get THEIR power from Christ and not from standing on their heads and chanting boogy woogie and imagining airplanes falling out of the sky. That could be a bit of a problem. There is no doubt that this is a spiritual battle.

[livius]

Actually, I'm not even sure it's about the money anymore.

A very perceptive Freeper (I wish I could remember who) said that Michael Schiavo had originally started this simply for the money, but that Felos (his attorney, former Chairman of the Board of the hospice, and now a big pro-death looney) had somehow dragged him into the position of being his (Felos') main support. In other words, MS, despicable though he is, is essentially a hand-puppet for Felos.

The money is now mostly gone, spent on Felos and not on therapy. There may be an insurance policy, which MS refuses to confirm or deny.

But in any case, I think that what has happened to the odious MS is that he has gotten caught up by an even more odious person (Felos), and he's now gotten himself into a position where he can't bail.

Serves him right. But I hope that he will not be allowed to drag his wife down with him.

[longtermmemmory]

that has alway been the case. Ever wonder why so many organizations get to comment on Suprem court cases at the sate and federal level? They were GRANTED permission.

It is a bit unusual at the trial court level. Judge will allow it for a NARROW purpose and if is likely to be part of the appeal record.

They can also get as a co-counsel for a party, judge can't stop that. (probably what the ACLU is doing)

[I still care]

That's a great poster line!

[supercat]

The legal challenge is between the husband and the state.

Should not Terri also be a party, represented by a guardian ad litem who supports this law (as Wolfson, per public comments, does not)?

[Damagro]

Does this exclude the Fla AG from calling the Schindler family as witnesses?