Posted on Mon, Apr. 19, 2004
Attorneys argue over questioning of witnesses in Schiavo case
VICKIE CHACHERE Associated Press
CLEARWATER, Fla. - The attorney for a man seeking to end his severely brain-damaged wife's life argued Monday that Gov. Jeb Bush shouldn't be allowed to gather new evidence in the case because the judge has all the information he needs to decide if the law keeping Terri Schiavo alive is unconstitutional.
The governor's attorney countered that questioning is needed because lawmakers were uncomfortable with Michael Schiavo's motives in wanting to withdraw food and hydration from his wife. Those questions are central to determining whether the state went too far when lawmakers hastily acted to stop Michael Schiavo from ending his wife's life last year, the governor's attorney argued.
The arguments were another round in the long, legal drama surrounding the 40-year-old woman who has been kept alive with a feeding tube after suffering severe brain damage after her heart stopped temporarily more than a decade ago. Pinellas Circuit Court Judge W. Douglas Baird did not immediately rule on the matter.
The governor's office wants to question its first witness in the case, Terri Schiavo's younger brother Bobby Schindler, on May 5. But the target of the depositions is Michael Schiavo, who has waged the legal quest to carry out what he says are his wife's wishes not to be kept alive artificially.
Terri Schiavo's feeding tube was disconnected for six days in October when the governor signed a law requiring it to be reinserted.
Michael Schiavo has sued, saying his wife's right to make private medical decisions is being violated. The governor's attorneys argue the law is constitutional and provides an extra measure of protection for a disabled woman who left no written record of her end-of-life wishes.
Attorney George Felos, who represents Michael Schiavo, told Baird that the depositions should be blocked because the issue of whether the law is unconstitutional or not is a legal one, not one that requires evidence to be gathered.
"Under this statute, whatever the case may be, the patient is denied the most basic form of due process," Felos argued, adding that the law is unconstitutional as written "and the governor's discovery is completely irrelevant."
Felos asked Baird in a December motion to use the judge's decision to end the case before it got to trial. Baird reached a decision in that motion for summary judgment, but has kept it secret pending appeal in the complex legal case.
But attorney Ken Connor, representing Bush in the case, said since a probate court judge decided that Terri Schiavo had made clear she did not want to be kept alive artificially in conversations with her husband and his relatives, others have come forward to cast doubt on Michael Schiavo's motives.
He said lawmakers "saw a woman who was unable to speak for herself and whose husband had a clear, admitted conflict of interest" in wanting to end her life.
Michael Schiavo is engaged to another woman with whom he has two children, Connor said. Michael Schiavo also never mentioned his wife's wishes when he told a jury considering a separate malpractice case that he wanted to take care of his wife for the rest of her life.
The governor's legal team wants to put the issue of Terri Schiavo's wishes before a jury. The team then wants a judge to determine if the October law violates her right to privacy or if the state was within its bounds in moving to protect her.
"Michael Schiavo is engaged to another woman with whom he has two children, Connor said. Michael Schiavo also never mentioned his wife's wishes when he told a jury considering a separate malpractice case that he wanted to take care of his wife for the rest of her life."
Excellent!
I'd like Jeb's attorneys to review the last several t.v. appearances by Felos and Michael. Felos stated that, "...all of Terri's money is gone!" How can Judge Greer now (previous thread) "liquidate all of her assests"?
I think Fox News' Gibson was the interviewer. Can someone find the transcript - I've tried with no success.
On another program, the most damning evidence, IMHO, was Michael's reason for denying the Schindlers the right to care for Terri, and even access to her....he said something to the effect, "For the way they [had] treated him."