Florida Steps Back Into Fight Over Feeding Tube for Woman

New York Times ^ | February 24, 2005 | Abby Goodnough

[florida one]

CLEARWATER, Fla., Feb. 23 - As a judge delayed the removal of a brain-damaged woman's feeding tube for two more days, Gov. Jeb Bush's administration stepped back into the heated case Wednesday with the state's protective services agency seeking to intervene.

A stay barring the removal the feeding tube was to expire Wednesday afternoon, but a judge extended it until Friday to consider new motions from the parents of the woman, Terri Schiavo. The parents, Robert and Mary Schindler, are fighting Ms. Schiavo's husband, Michael Schiavo, to keep her alive.

Their lawyer asked the judge, George Greer of Pinellas-Pasco Circuit Court, to allow time for new medical tests, citing a recent study that suggested that some brain-damaged people who appear unaware might register what is going on around them.

Neither the governor's office nor the protective services agency, the Department of Children and Family Services, would discuss the state's petition, filed just before a hearing before Judge Greer. But lawyers for both sides said the agency wanted to further postpone the tube's removal so it could investigate accusations that Ms. Schiavo had been abused.

David Gibbs, the Schindlers' lawyer, told reporters that someone had complained on a state hot line that Ms. Schiavo had been abused, and so the state was required to investigate. Mr. Schiavo's lawyer, George Felos, said that the state had received many such complaints in the past, and that all were politically motivated and false.

"It reeks of political arm-twisting," Mr. Felos said. "Lo and behold, all of a sudden after 6½ years D.C.F. radically changes its position."

Mr. Bush's press secretary, Jacob DiPietre, would not say whether the agency's petition had come at the direction of Mr. Bush.

In Tallahassee, Mr. Bush and Republican legislative leaders said they were looking for ways to stop Ms. Schiavo's death, though they seemed more cautious than in the past. A series of courts rebuked the Legislature after it passed "Terri's Law" in 2003, which authorized the governor to order Ms. Schiavo's feeding tube reinserted six days after it was removed.

"I am not going to grandstand," Mr. Bush told reporters at the Capitol. "I am not going to do something that would be completely inappropriate and disrespectful of the laws of the State of Florida."

Still, Mr. Bush said he had not ruled out calling a special legislative session so lawmakers could try to prolong Ms. Schiavo's life.

Senator Tom Lee, Republican of Brandon and the Senate president, emphasized that any legislative proposal would need to be broad. Mr. Lee said he agreed with court decisions to declare Terri's Law unconstitutional, partly because it applied only to Ms. Schiavo.

Ms. Schiavo, 41, suffered severe brain damage when her heart briefly stopped in 1990. Though she left no written will, the courts accepted her husband's testimony that she told him she would not want to be kept alive artificially. Her parents maintain that Mr. Schiavo wants her dead so he can marry another woman with whom he has two children. The Schindlers are urging the Legislature to amend state law so a spouse cannot serve as a guardian if he is living with someone else.

Mr. Lee hinted that such a change might be the most feasible action the Legislature could take.

"We have a guardian who essentially has moved on and is living another life but retains the responsibilities and obligations of guardianship," he said. "I think that is unique in this situation."

Christine Jordan Sexton contributed reporting from Tallahassee, Fla., for this article.

[Future Useless Eater]

>>At some point, non-factual judicial findings need to be called out for what they are. At minimum, a governor should be willing to use his bully pulpit to state unequivocally that a judge's findings of fact are just plain wrong.

That would be really wonderful. In a death penalty criminal case a Governor's pardon doesn't even have to say the judge was wrong, just that he has the right to veto any final court determinations involving life and death.

Certainly in this case, there MUST be some way for Governor to 'find' that this judge was wrong.

• Michael certainly does not meet the state requirements for a qualified guardian, and
• Terri does not meet the state definition for PVS..., AND
• Refusing to allow ANY rehabilitation after sueing and winning a settlement is ABUSE AND NEGLECT and PURGERY

Documented Terri-vocabulary references
Words	Witness
"mommy" "momma" "help me"	nurse - Heidi Law, certified nurse assistant
"pay"     (meaning 'pain'                 when she was in discomfort) 'Haaaiiiii'   (meaning Hi,                 in response to 'Hi Terri') 'mommy' 'help me'	Nurse - Carla Sauer Iyer, R.N. "'Help me' was, in fact, one of her most frequent utterances. I heard her say it hundreds of times."
"stop"   (in response to one medical                 procedure being done on her)	Terri's MediPlex records
"ugh-hugh" (meaning yes) "ugh-ugh" (meaning no) "yea" "No"	family members. 'yea' was a word she reportedly first re-learned to speak in 2002.

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[Future Useless Eater]

>>At some point, non-factual judicial findings need to be called out for what they are. At minimum, a governor should be willing to use his bully pulpit to state unequivocally that a judge's findings of fact are just plain wrong.

That would be really wonderful. In death penalty criminal cases a Governor's pardon doesn't even have to say the judge was wrong, just that he has the right to veto any final court determinations involving life and death. Similar things should hold true here.

Never the less, the DCF has an obligation to Take over Terri as ward of the state while the guardianship is decided by jury, if there is even a preponderance of evidence of abuse, neglect, serious conflict of interest, or inadequate legal representation afforded for her.

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[windchime]

Thanks, Ohioan from Florida!

[Brytani]

Yesterday on the Schnitt Show www.schnittshow.com - Schnitt interviewed a friend of Michael Schiavo after yesterdays 48 stay.

Her argument on his side was that Michael was that he had the right to go on with his life. She claimed that Michael was still "committed" to his wife and added, "if my spouse dies does that mean I should't fufill his last wishes?"

What a mindset these people have. She is not dead, he's living with another woman whom he has children with and yet he's still claiming to be Terry's "committed" husband. Yea, committed to killing her.

[snugs]

Try to get some rest you sounded so tired on the dose

[pickyourpoison]

I was wondering if Jeb was behind the DCF showing up at the hearing. Of course if he was, we'll probably never know. I believe he's a decent guy and has a good heart. I'm sure Mama Bush is proud of her boys.

[Saundra Duffy]

Terri is a perfect human being - not capable of lying, cheating, hurting people, yelling, whacking people over the head, spitting in faces . . .

She is perfect; the only perfect person I know and the evil ones want to kill her. Go figure.

[supercat]

She is perfect; the only perfect person I know and the evil ones want to kill her. Go figure.

Liberals believe that something good makes everything else worse by comparison. By contrast, something bad makes everything else better by comparison.

Should it be any wonder that liberals want to protect what's bad and destroy what's good?

[STARWISE]

I'm kinda worn out, snugs. But .. this is a fight for the life of a precious innocent, and it's the least I can do. Still have to be on watch and pray for miracles until Friday at 5 pm EST .. that God's mercy stills the evil in men's hearts, and that Terri be allowed to have food so she can live. Sad .. no death row inmate or dog could be treated this way, yet a guardian can control his disabled charge with court-authorized starvation. We all have a stake in this battle. Say a prayer for Terri Schiavo when you talk to The Man Upstairs ;-)

[STARWISE]

She is, SD ... pure of heart and intention. God Bless Terri!

[Alamo-Girl]

Thanks for the ping!

[STARWISE]

Any news on the meeting today in Tallahassee between the Schindlers and Gibbs with Gov. Bush? Prayers for Terri.

[snugs]

We all have a stake in this battle. Say a prayer for Terri Schiavo when you talk to The Man Upstairs ;-)

How true God Bless Terri and may her family be allowed to care and get treatment for her and in this may we see God's hand at work.

[hattend]

A series of courts rebuked the Legislature after it passed "Terri's Law" in 2003, which authorized the governor to order Ms. Schiavo's feeding tube reinserted six days after it was removed.

How is it that a "call from the governor" can save a person on death row right up until the electric switch is thrown, but in this case the governor can't step in, without a nod from the legislature, and say Terri's nourishment cannot be withheld?

[MEGoody]

"Again, my respect will be earned or lost depending if Terri lives or dies."

Is your respect for an individual hinging on whether their efforts are successful or whether they did their best to stand up for what is right?

[Ohioan from Florida]

If I hear anything, I'll be letting the ping list know.

[Republican Wildcat]

Though she left no written will, the courts accepted her husband's testimony that she told him she would not want to be kept alive artificially.

Being kept alive "artificially" by being given food and water.

[Manic_Episode]

"Is your respect for an individual hinging on whether their efforts are successful or whether they did their best to stand up for what is right?"
=======================================================
I guess that depends on how resourceful their efforts were if failure occurs.

[HamiltonJay]

Whether this woman has any cognitive and consciousness left is irrellevant... to be starved to death is completely inhumane... you do this to your dog and you would go to jail!

This is not mercy in the least... starvation and dehydration is long, painful and grotesque. Whoever would knowingly do this to another human being is the spawn of Satan.

[floriduh voter]

Not sure if they went after all. They were on cable tv all night last night, different family members on the Schindler side. I don't think they did go to Tallahassee after all.