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.
Terri's soul can be considered locked in a coffin, as long as her body is being kept alive by artificial means.
Those are the facts.
You might find this interesting.
Dr. William Maxfield, a Tampa radiologist, agreed that Terri is not in a persistent vegetative state, noting her ability to follow commands and her responsiveness, according to the AP. After comparing Terri's 1996 CAT scan to her 2002 scan, Maxfield also testified that Terri's brain tissue appeared more localized and uniform.
"It tells me that the brain tissue on the [2002] study has a more normal appearance," Maxfield testified, adding that hyperbaric oxygen therapy, similar to Hammesfahr's recommendation, could lead to improvement, the AP reported.
http://www.nrlc.org/news/2002/NRL11/shiavo.html
Truly - this matters.
The case is a lot more serious than that, with serious implications for all of us. Of course there is bad blood between the parents and the husband. He is trying to kill their daughter and so far they have been helpless to prevent it.
There weren't always problems. The problems started when Michael got the award for Terri's care, which he tearfully swore to a jury that he would spend on rehabilitating her and caring for her. As soon as the money was safely pocketed, he denied her any type of therapy or even environmental stimulation. (She had been making some improvements to that point). When he is challenged by her family about it, he begins to prevent them even seeing her. He refuses her treatment when she is ill and all the while making babies with one of his mistresses.
When they finally go to court to try and have him removed as guardian, they discover through testimony that he had been abusing their daughter and that she had been talking about divorcing him. Medical evidence is introduced to support that claim. 8 years after her initial trauma, which he himself might have caused, he suddenly has a casual "recollection" that Terri had said she wouldn't want to live like this (which was about the same time he hooked up the death guru, Felos. He has been actively trying to kill her (or finish the job) ever since. There were also those who knew him that swore he had told them earlier on that he had no idea what Terri would want. And that isn't the half of it.
If that were MY daughter, there'd likely be more than bad blood between me and that scum-sucking monster.
However, in 2001 new evidence surfaced challenging Schiavo's version of Terri's wishes. A former girlfriend, Cyndi Brasher Shook, came forward and said that Schiavo told her that he and Terri never spoke about the issue, reported the Times.Shook told the Times that when she asked Schiavo what his wife would have wanted, he replied, "How ... should I know? She was 25 years old and we did not talk about it."
I don't know which "Times" they are talking about but perhaps it could be found.
FYI..........Florida is not a community property state.
mea culpa, mea culpa
DEEP_6 ADDED: "But that is not the case with Terri. Terri has had 13 years of nothing but a vegetative state. Scans indicated [and clear enough for the court to understand] that Terri has lost her cerebral cortex."
I AM RESPONDING: "When two or more HUMAN Doctors come to OPPOSITE conclusions, obviously AT LEAST ONE is wrong! Terri is NOT in a "vegetative state"!!!!!!! But even if she were, why not let her PARENTS---who LOVE her---and who WILLINGLY WANT to take care of her---and unlike "LOVING" Hitleresque-husband are NOT trying to kill her---take care of her?"
I AM RESPONDING: "The cerebral cortex does not grow back. It can not be restored. Without the cerebral cortex, there can be no voluntary actions."
I AM RESPONDING: "Well, then, Terri's cerebral cortex is apprently NOT GONE!!! Terri has RESPONDED APPROPRIATELY---in NUMEROUS circumstances---including when being told on the phone that if she did not get up and walk out of that hospital that she would be KILLED by her "LOVING" Hitleresque-husband Michael via STARVATION.
I AM ADDING: "Why do you like to COMPLETELY IGNORE the SWORN STATEMENTS by NON-PAID, NON-CONFLICTED nurses who took care of Terri for significant periods of time and, instead, believe EVERYTHING the HIGHLY-CONFLICTED, PAID-by-Schiavo Doctors claim? Don't you see you (and anyone else who believes their Barbra Streisand) are being hoodwinked???
DEEP_6 ADDED: "Terri has shown to have absolutely no voluntary actions. There has never been any indication otherwise, that could possibly be proven to any physician, court, or intermediary."
I AM RESPONDING: "That just ISN'T TRUE!!!!!
DEEP_6 ADDED: "There is no possible manner in which an institution can prevent proper care from being given to a patient, nor is there any manner that a guardian can prevent proper care to be given to a patient when there is the involvement of a court action."
I AM RESPONDING: "That just ISN'T TRUE either!!!!!
"Terri's "LOVING" Hitleresque-husband Michael has REPEATEDLY denied Terri care---including things as simple as just daily tooth brushing for YEARS!"
DEEP_6 ADDED: "Terri's condition has not changed since it's onset. Her brain has shrunk. The shrinkage is not due to "inactivity" as some posters have suggested. The shrinkage is due to the fluid that is taking place of tissue. Spinal fluid is destructive.
I AM RESPONDING: Terri has not received even ONE DIME of HER $750,000.00 of REHAB THERAPY!!!!! But I understand that her "LOVING" Hitleresque-husband has a new BMW and a new house he lives in with his fiancee!!!
DEEP_6 ADDED: "Terri's soul can be considered locked in a coffin, as long as her body is being kept alive by artificial means."
I AM RESPONDING: "I dare you to stop feeding your dog and stop giving it water. Or let's just stop feeding PRISONERS and stop giving them water. After all, it's just stopping "artificial means." Of course, you CAN'T do that to a DOG (or prisoners)!!!!! Or you would be in PRISON!!! So WHY can someone do that to an INNOCENT, DEFENSELESS, DISABLED HUMAN BEING!!!!!
DEEP_6 ADDED: "Those are the facts."
I AM RESPONDING: NO!!! They are NOT the FACTS! Go to: http://www.terrifight.org and LEARN the FACTS!
I have been looking at the timeline of something else. The Deathist bunch like to cite the statement by GAL Richard Pearse that M. Schiavo gave Terri the best treatment available for four years. He did say that in his report. Does it ring true?
Terri collapsed in Feb. 25, '90. The award in the malpractice suit came in Feb. '93. Michael placed a DNR order on her chart and prohibited antibiotics for a UTI in June or July of '93 I believe. That is 3 1/2 years and I would call that the end of 'the best treatments available.' The 'falling out' between Michael and the Schindlers happened before the DNR and after the settlement so there was already a question about her treatment.
GAL Pearse recommended removing M. Schiavo as guardian for conflict of interest and he detailed a number of good reasons to. Yet even he has exaggerated the 'good' that Michael has done.
I'll take the side of life, thanks. At least I can live with myself, and if my sleep is disturbed at night, it isn't because my own conscience condemns me, but because I am grieved for the consequences of so many in our nation having lost theirs.
Oh good heavens, no. I am so sorry if it came across that way. I was responding to the quote that I italicized, from the article. These pro-death trolls are getting on my last nerve, so I guess my posts have been a bit more "intense" than normal.
OMG! How DARE they do such a thing! Horrors. Now if they were carrying on a perverted, homosexual relationship in those "secret" meetings, then it would be "just about sex" and therefore perfectly fine, but to ask God, the One who KNOWS all the answers, for help? The idea! < /sarcasm >
Isn't it funny how people who supposedly don't believe in God get so irate over a "nonentity?"
Yes, I am emotional, but it was the facts of this case that got me that way, not an initial and irrational reaction. And it extends far beyond the life or death of Terri Schindler Schiavo and has far-reaching implications for all of us. I am outraged that we are even being forced to have this discussion. We were once a civilized and God-fearing people that valued life above all else and when there was doubt would prefer to err on the side of life. Now, it seems, that all that matters to those who have any power to control our destiny, is what is politically and economically expedient. And the really frightening thing about it is that that is exactly the state of affairs in Germany that made way for Hitler's rise to power. I am not making that assertion as an emotional statement. That is the way it was.
By all means join us in this discussion, but please don't presume to infer that we are liars because we are emotional. I will grant you that there has been some wild speculation and some unsubstantiated allegations made on some of these threads, but even if all those are removed, the outrageous wrongs in this case stand on what is known and can be proven.
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