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BC-Brain-Damaged Woman, 11th Ld-Writethru,0800

Judge orders removal of feeding tube for brain-damaged Florida woman, despite Congress' effort

Eds: UPDATES with attorneys vowing to appeal, adds quote from judge, CORRECTS that judge said tube must, sted can be removed; restores background.

AP Photos FLTAM601, FLSC101, 106, NYET250

By MITCH STACY
Associated Press Writer

PINELLAS PARK, Fla. (AP) -- The presiding judge in the case of Terri Schiavo ruled Friday that the feeding tube keeping the brain-damaged woman alive must be removed despite efforts by congressional Republicans to block the move by seeking her appearance at hearings.

Pinellas Circuit Judge George Greer refused a request from U.S. House attorneys to delay the removal, which he had previously ordered to take place at 1 p.m. EST. Greer determined that it should go forward about an hour after another judge issued a temporary delay blocking the tube's removal.

"I have had no cogent reason why the (congressional) committee should intervene," Pinellas Circuit Court Judge George Greer told attorneys in a conference call, adding that last-minute action by Congress does not invalidate years of court rulings.

There was no immediate word on when the tube might be removed. Attorneys seeking to block the removal vowed to appeal.

Pinellas Circuit Court Chief Judge David Demers had earlier ordered that the feeding tube remain in place past the 1 p.m. deadline while Greer dealt with conflicting legal issues.

Michael Schiavo has waged a yearslong court battle with his parents-in-law, contending his wife, who doctors say 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.

Friday's ruling 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.

"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 the judge, and "Execution -- It's Not Just for the Guilty Anymore."

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, which promptly dismissed it. The U.S. Supreme Court also denied another appeal.

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.

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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