This is a repeat of post 178 in larger type per request.... Greta scheduled Terri's news this Friday as her LEADOFF story!
From FoxNews Channel Feb 13,2004 - On the Record with Greta
Greta: Tonight, there's been a victory for Florida Governor Jeb Bush and the parents of a Florida woman whose husband is fighting to remove her feeding tube. Terri Schiavo's case has polarized the nation.
Greta: Lawyers for both Governor Bush and Terri's husband will join us in a moment. But first, let's get the details from reporter Sharon Parker of WFLA radio in Tampa Florida. Sharon, exactly what did the court rule today?
Parker: Well the 2nd District Court of Appeal in Lakeland Florida essentially opened the door for Terri Schiavo's parents to not only become involved in the constitutionality question surrounding Terri's law, but more importantly, possibly opening the door for Governor Jeb Bush and his attorneys to depose Michael Schiavo, Terri's husband, his fiancee, several caregivers associated with Terri, and relatives of Michael Schiavo. So this is a pretty significant development, I would say in this case.
Greta: Sharon, were people surprised by that decision, that Governor Bush and Terri Schiavo's family WON this decision today, so that they can depose witnesses?
Parker: I think that there WAS quite a bit of surprise. Michael Schiavo's attorney saying that he found it unfortunate that the 2nd DCA would issue this type of ruling. I believe that even Ken Connor, who represents Governor Bush, was a bit surprised too.
Parker: There was a feeling throughout, that Judge Douglas Baird, the trial judge in this case, had essentially determined that Terri's law, the law that allowed the reinsertion of Terri Schiavo's feeding tube, was unconstitutional. He was prepared to issue a ruling but he was going to wait until the 2nd DCA resolved some of these pending matters.
Greta: Where IS Terri now?
Parker: As I understand it, Terri was moved from her hospice, here a couple of months ago, because they were remodeling the hospice. She was moved to a nearby facility, and I'm not quite sure, right at this point, if she's BACK at the hospice? But she remains in the Tampa Bay area, on her feeding tube. She remains alive, as she has been, since October, when Terri's law went into effect.
Greta: There's an awful lot who talk about this case all around the country. I assume, is there a lot of interest in your area Sharon?
Parker: Oh, a TREMENDOUS amount of interest. And over the past several years, many, many people supporting Terri's right to life. But also, a lot of people supporting her right to die. Her right to make the decision to... protect her own end of life wishes. It's generated such an emotionally charged issue that has just gone on for SO many years. And it's generated now of course, a lot of NATIONAL interest as well.
Greta: Sharon, thank you. Let's bring in the attorneys on the case. Joining us by phone from Florida, is Michael Schiavo's attorney George Felos, and in Tampa, an attorney for Governor Jeb Bush, Nicole Kerr.
Greta: George, since the decision went against YOUR client today, what's the plan? Or what's your thought about today's decision?
Felos: Well Greta, I'd like to clarify it a bit. The Court of Appeal did NOT say that the Governor is entitled to take depositions or discovery, and the court did not rule that the Schindlers MUST become part of the legal action. What the court said, is that the trial judge's orders were insufficient, because the trial judge didn't explain the legal basis and rationale of his decisions. And basically, they sent it back to the trial judge, and where we're going to have the trial judge revisit those issues, and we hope the trial judge will issue the same protective order he did before, but this time explain it to the appellate court's satisfaction.
Greta: Is this the kind of situation George, where it can simply go back to the lower court judge because he didn't WRITE the decision right? And it could simply go RIGHT back up to the Court of Appeals without ANY other evidence being taken?
Felos: I think that's probably what IS going to happen. In fact, the appellate court said, when we review, ahh... if the lower court enters another protective order, ummm, they specifically instructed the trial judge to list his findings of fact, and conclusions of law. So, I see this more as a procedural decision, and unfortunately it's going to delay the case, another few months.
Greta: Nicole, you represent Governor Bush. Is THAT the way you interpret today's ruling?
Kerr: (with a big grin) No it's NOT Greta. We think this is a TREMENDOUS victory for Terri Schiavo, AND for the State of Florida. The Governor is VERY pleased with this decision. That this case basically says that we're ENTITLED to take depositions, we're entitled to discovery, just like ANY other litigant.
Kerr: And we think that's very important, that the GOVERNOR of the State of Florida is entitled to the EXACT same due process rights as ANY other litigant. So you can count on the fact that we're going to move with great haste to take depositions in this case.
Greta: Alright, so who Nicole, are you going to depose? Give me your list of witnesses who you want to put under OATH, in a deposition?
Kerr: Well, we have seven. We'd certainly like to take the deposition of Michael Schiavo. We have a number of questions that we'd like to ask HIM, including questions as to WHY he didn't raise in the malpractice case below, this notion that Terri had NO desire to live.
Kerr: In the malpractice case below, that was never brought up. In fact, he said he took his marriage vows quite SERIOUSLY, that he was with her until death do us part. The jury there, awarded a tremendous verdict, over a MILLION dollars for her rehabilitation. And it was ONLY after that money was in the bank, that he suddenly recalled that she would NOT want to live on feeding tubes. We'd like to depose, umm-
Greta: OK, Let me just stop you one sec, I know that I asked you for the laundry list, But let me just get for one sec, I apologize, get George in here... George, what's your response to that?
Felos: My response to that is the trial court, and the appellate courts have looked at all that evidence. Michael Schiavo, at the malpractice trial believed, as the Schindlers did then, that Terri COULD recover. Every doctor has said... All of Terri's doctors since then have said that she cannot. And the fact is, all of this information is irrelevant to the question of whether the law is constitutional. It's irrelevant to the question of separation of powers. It's irrelevant to the question of whether the legislature and Governor can override a specific judicial decision. And we're hopeful, that judge Baird will again enter a protective order, and specifically give his reasoning to the appellate court, and that will be sustained.
Greta: Alright Nicole, who else, who's next on the list of people your client, Governor Bush, would like to hear from?
Kerr: We'd also like to depose Michael Schiavo's fiancee. This is a woman he's been living with SINCE his brain-damaged wife has been in the hospice care. He's fathered at least ONE child with this woman, maybe another. And all of these witnesses go to the question of WHAT are Terri's WISHES?
Greta: What do you want to ask her?
Kerr: Well the question in this case is, What would Terri want NOW? Her circumstances changed tremendously from way back when, and those are the sorts of questions we'd like to find out. The other people we'd like to depose include Michael Schiavo's family members... there are health care providers we'd like to talk to, So there are a number of witnesses that WE think would be important.
Greta: Nicole, does the fiancee KNOW Terri prior to her... the state that she's in now?
Kerr: Well that's one of the questions that we'd like to find out. We've been denied ALL discovery in this case. We have written discovery that has yet to have be responded to. We have been attempting to take depositions... protective orders have been sought. The Governor's hands have been TIED in this case, and that's why we think this decision by the 2nd District Court of Appeal is so important. It recognizes that he HAS the same rights of discovery as ANY other party.
Greta: Alright, so one last... Go ahead George.
Felos: This is a case where this poor woman, is being force fed against her will. The Governor has violated her constitutional rights, so has the legislature, and I think that it is beyond irony to be talking about the Governor's rights in a case where somebody's end of life wishes have been trampled upon.
Greta: Nicole, George, thank you both very much. I appreciate both of you joining us.
[Transcripted for education and discussion purposes only, not guaranteed to be 100% accurate. ]