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.

[Dajjal]

Prayers for Terri

[Concerned]

YIKES WROTE: "No one on this forum knows what Ms. Schiavo's wishes were. Only God knows that."

I AM RESPONDING: "BINGO!!! You win the prise! I AGREE with that statement COMPLETELY!!!

I AM ADDING: "Since "ONLY GOD KNOWS," let's LET GOD DECIDE!!!!! (What a novel idea!) Let's STOP having MAN decide when someone dies!"

[Concerned]

DEEP_6 WROTE: "Absolutely annoying. I do not read your posts. They are likely very intelligent posts, but posted in a manner that annoys."

I AM RESPONDING: "With so many people making and responding to comments, I find it much easier to keep track of who said what, by identifying when a speaker changes and what is specifically being responded to. Sorry you don't like the style. BTW, you might try reading my posts some time---you might learn something from my experiences in life."

[Concerned]

A JUDGE WROTE: "Neither Dr. Hammesfahr nor Dr. Maxfield was able to credibly testify that the treatment options that they offered would significantly improve Terry Schiavo's quality of life. While Dr. Hammesfahr blithely stated he should be able to get her to talk, he admitted he was not sure in what way he can improve her condition although he feels certain her can. He also told the court that "only rarely" do his patients have no improvement. Again, he is extremely short of specifics. Dr. Maxfield spoke of a "chance" of recovery although he stated there was a significant probability that hyperbaric therapy would improve her condition."

I AM RESPONDING: "What an IDIOT Judge!!! ONLY GOD knows for CERTAIN if one treatment will ABSOLUTELY help someone---NO HUMAN can KNOW that for sure!!! The Judge obviously isn't OPEN to the POSSIBILITY that "alternative" treatments OFTEN work BETTER than standard treatments. The Judge FAILED to INVESTIGATE what hyperbolic treatments and other "alternative" treatments do for people. And this so-called "Judge" has Terri's LIFE in his hands!

[FR_addict]

Saw a promo for O'Reilly tonight. He is going to have a woman on who was diagonosed to be in a permanent vegetative state. This woman could hear what was going on around her and is going to talk about her experience tonight.

[Dante3]

Thanks for the reminder.

I've read of a number of cases where people have been in long comas (in one cases for 19 years) and then recovered.

[sweetliberty]

Excellent job of putting that information together lonevoice. That is exactly as I had remembered it initially before there was so much to muddy the waters. Thank you so much for putting it in perspective. That will make a good reference.

Y'all be sure and read lonevoice's post #296. It clears up a lot of the false allegations against Dr. Hammersfahr and provides more back-up to the claims that Terri can be helped.

[fly_so_free]

It figures. The whole controversey revolves around what Terri's parents say i.e that their daughter does not want to die... Also the HINO may have caused her original injuries... there were problems in the marriage.... she said she wanted a divorce..... lots of $$$$$ given to HINO..no rehab for Terri... neglect , abuse of Terri...tons and tons of conflicts of interest-connections to hospice industry-on the part of HINO's attorney, the Judge(Greer)and Florida legislature Rep. King....possible connections to Insurance Company-possible scam -HINO's girlfriend... Nope, nothing to see here,....move along.

I think there's a pattern of viciousness on the part of MS toward Terri and her parents. This was particularly emphasized when Terri was dying and MS refused to let parents see her. The biggest example of Shiavo's cruelty was when he denied Terri her Last Rites- denying her right to religious freedom. In my opinion, MS is totally unfit to serve as Terri's guardain. Her parents are in their rights to challenge him, and to try to save their daughter from this terrible injustice.

The Florida judicial system is in a Persistent Vegatative State , if they let MS get away with this.

[US admirer]

Do you think life on a machine in a coma qualifies? Perhaps even you draw the line somewhere. I guess we disagree on where that line is.

On the other hand I also believe in "liberty" aka "the right to choose my destiny". I also believe in the rule of law. That said, like it or not, the courts have ruled that Terri’s husband is Terri's surrogate, and that he has the right to enforce Terri's right to choose.

But yes, I forgot, you know better than the courts, and you understand her wishes better than her husband’s and you believe those who happen to support your particular brand of faith, are correct and believable and judicious, at least more so than the outside authority that has reviewed and rendered its opinion on the matter. I guess you are just smarter and more virtuous than those closest to the case.

You selectively highlight elements of the constitution while patently disregarding those others that interfere with your fanaticism and religious beliefs. In doing so you demonstrate your hypocrisy and contempt for the very values that you would try to convince others you endorse.

[FR_addict]

You're right. lonevoice did a great job in putting Dr. Hammersfahr's work and credentials together for the rest of us here.

[FR_addict]

It turns out that the husband violates the Florida statues currently in place for permitting a person to be appointed guardian.

It is Judge Greer that is being selective in his rulings.

[Deep_6]

I posted this question earlier and received only one reply.

I'll post it again, but I'm doubtful any of the "pro-Terri's-family"
crew will give an answer they can live with.

---

I'm not too sure we would be able to elicit an honest
answer from this "Let her live" group, but I'll ask the
question anyway. Hopefully the answer will be well
thought out and not simply rendered?

If Terri's mom, dad and family manage to gain
sole guardianship.......

If after more [or less] than a year of sole guardianship,
their own doctors, through thorough and complete
examination, find that Terri will never regain any
ability to have any voluntary actions....

And it is found that Terri will forever remain in a
vegetated state, unable to communicate in any manner;
unable to have any movement except that what is involuntary.

And Terri's parents decide that it would be in her
very best interest to allow her soul to rest....

And they decide that it is time to remove her life
support apparatus [feeding tubes] and allow her
body to expire.....

What will you do in response?

Will you again fight for Terri's body to remain on
it's life support, in spite of her parent's decision?

Or will you allow her body to starve itself to it's death.

 

Your answer should be well thought out. It will
tell more about yourself than you may desire.

---

[sweetliberty]

"This woman could hear what was going on around her and is going to talk about her experience tonight."

Excellent. Seems O'Reilly has been on the wrong side of this issue all along. Do you think he's coming around? I haven't been watching lately, so I only know from what I have been reading here. Women tend to make O'Reilly go mushy in the knees, so maybe he won't rip this lady too bad. I will have to remember to watch.

[Deep_6]

Some info:

Advice to Health Care Professionals

To avoid these two extremes, the bishops, although not extending “a definitive pronouncement on every clinical decision (p. 107),” do offer some specific norms for physicians to apply when making clinical decisions.

Life-Sustaining Therapies “Physicians should not impose aggressive life-sustaining therapies on persons for whom such treatments will simply prolong the dying process” (p. 108).

Patients’ and Families’ Wishes “Doctors do wrong who insist on maintaining invasive life support when the patient or his or her family make clear that the burdens of treatment far exceed the benefits” (p. 108).

Frankness about Death “A good Catholic doctor speaks openly about death and dying with his or her patients, is frank about the limits of medical care, works hard to prolong life and never deliberately takes life, but recognizes that there are times when treatments should be withheld or withdrawn” (p. 108).

From here

[US admirer]

Right. And your wisdom exceeds that of the courts, appellate process and the judicial review procedures in this country. Your arrogance and naivety are breathtaking.

[Deep_6]

OF THE SIXTH JUDICIAL CIRCUIT STATE FLORIDA IN AND FOR PINELLAS COUNTY PROBATE DIVISION

CASE NO. 90-2908-GD3 I

N RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. 

MICHAEL SCHIAVO, AS GUARDIAN OF THE PERSON OF THERESA MARIE SCHIAVO,

 Petitioner, ROBERT SCHINDLER AND MARY SCHINDLER, 

BEFORE: JUDGE W. GREER Circuit Court Judge 

PLACE: Clearwater Courthouse 
Clearwater, FL 33756 

January 24, 2000 
3:00 p.m. 

REPORTED BY: Beth Ann Erickson, RPR Court Reporter Notary Public

EXCERPT OF TRIAL
TESTIMONY OF FATHER MURPHY

Read it here

[MHGinTN]

"Your answer should be well thought out. It will tell more about yourself than you may desire." Deep_6

Yes, we've learned a great deal about you through your insulting posts. Projection is such a wonderful means to guard your whining ego from the truth about you, isn't it?

[sweetliberty]

Providing food and water is now defined as invasive and aggressive treatment? Well damn, I guess that makes us all "useless eaters" then.

Y'all ain't gonna believe this.

[FR_addict]

"Right. And your wisdom exceeds that of the courts, appellate process and the judicial review procedures in this country. Your arrogance and naivety are breathtaking. "

Oh, so your reply is that I am arrogant and naive. Great reply to stoop to name calling.

[T'wit]

I read it. Garbage in, garbage out.