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Judge: Keep Schiavo Feeding Tube in Place

11 minutes ago

By MITCH STACY, Associated Press Writer

PINELLAS PARK, Fla. - A state judge on Friday temporarily blocked the removal of the feeding tube for severely brain-damaged Terri Schiavo as legal wrangling continued over efforts by congressional Republicans to keep her alive.

Pinellas Circuit Court Chief Judge David Demers ordered that the feeding tube remain in place past a 1 p.m. deadline while fellow Judge George Greer, who is presiding over the Schiavo case, deals with conflicting legal issues.

The delay came after U.S. Senate and House committees in the Republican-controlled Congress issued subpoenas for Schiavo, her husband, Michael Schiavo, and her caregivers to appear at hearings on March 25 and March 28 which would in effect keep her alive for the time being.

The Pinellas Park hospice where Schiavo lives received a subpoena late Friday morning, spokeswoman Louise Cleary said. Officials there did not say who was subpoenaed or disclose their next steps.

Under a previous court order, the feeding tube was supposed to be disconnected at 1 p.m. But Demers' order at least temporarily halts that action from taking place.

Michael Schiavo has waged a yearslong court battle with his parents-in-law, contending his wife, who has been in a persistent vegetative state since 1990, would not want to live that way.

The tube has been removed twice in the past and then reinserted as the battle continued.

"It is a contempt of Congress to prevent or discourage someone from following the subpoena that's been issued," David Gibbs, the attorney for her parents, said Friday morning. "What the U.S. Congress is saying is, `We want to see Terri Schiavo.'"

"The family is prayerfully excited about their daughter going before the United States Congress for the whole world to see how alive she is."

Howard Simon, executive director of the American Civil Liberties Union's Florida office, had said Friday morning that his group's attorneys were working with Michael Schiavo's attorneys to determine the effect of the subpoenas.

"This is clearly an effort to circumvent a lawful court order by a state judge," Simon said. "I am not sure how a subpoena, which is ordinarily done to produce records or somebody to testify, can essentially have the effect of an injunction overriding the orders of a court."

Terri Schiavo's father, Bob Schindler, went into the Woodside Hospice in Pinellas Park at about 9:30 a.m. to visit his daughter. Outside, about three dozen people prayed and wept.

"What can wash away our sins? Nothing but the blood of Jesus," they sang. Messages on protest signs included "Impeach Greer.com," a reference to a judge in the case, and "Execution — It's Not Just for the Guilty Anymore."

In Tallahassee, the Florida House on Thursday passed a bill 78-37 to block the withholding of food and water from patients in a persistent vegetative state who did not leave specific instructions regarding their care. But hours later, the Senate defeated a different measure 21-16. The sponsor of another state Senate didn't bring it for a vote because it didn't have enough support.

As part of the last-minute flurry of activity, the Florida judge who approved the withdrawal of the feeding tube denied a request from the state to keep her alive. The state appealed that decision to the Florida Supreme Court (news - web sites), which promptly dismissed it. The U.S. Supreme Court (news - web sites) also denied another appeal.

At the White House, President Bush (news - web sites) left little doubt where he stands, saying, "those who live at the mercy of others deserve our special care and concern." His brother, Gov. Jeb Bush, long has supported the parents' efforts and urged lawmakers to act before it was too late.

Schiavo suffered severe brain damage in 1990 when her heart stopped because of a chemical imbalance, and court-appointed doctors say she is in a persistent vegetative state. Her husband says she told him she would not want to be kept alive artificially. Her parents dispute that, and say she could get better.

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