Schiavo Appeal Has Been Filed

Fox News

[sonsofliberty2000]

per Fox

[cajungirl]

You can prove it?

[Tarantulas]

We disagree, and the 'evidence' I see and hear on the news that attests to this woman's awareness of family members around her is far more compelling than anything you've provided supporting the judge here.

Maybe this will help...

After Judge Greer made this ruling stating unequivocally that Terri was in a persistent vegetative state and found clear and convincing evidence of Terri’s wishes in this situation, the Schindlers appealed to the Florida court of appeals. As part of their appeal, the Schindler family submitted a 113-second videotape, accompanied by multiple affidavits from various health care professionals saying patient was not in a vegetative state. Because of these videotapes, and notwithstanding the previous definitive ruling by the trial court judge on Terri’s neurological condition and chances for recovery, the court of appeals ordered the trial court to conduct an extremely thorough evidentiary hearing, the most complex evidentiary process in over three decades of landmark right to die court cases. Many of these affidavits contain the completely erroneous assertion that Terri’s ability to handle her own secretions was incompatible with the vegetative state. None of these medical professionals (including internists, rehabilitationists, speech pathologists, and others) who submitted these multiple sets of affidavits over the years at the behest of the Schindlers, had ever personally examined the patient, reviewed the medical records in any detail, considered the medical opinions of the consulting neurologists, nor looked at the CT scans or EEG’s. They instead relied on the brief videotapes showing Terri apparently interacting with her parents and noting that Terri could handle her own secretions. A few of these medical professionals did go to the bedside with the Schindler family to make observations about Terri’s apparent interactions with her family but none performed a complete neurological examination. All the videotapes released by the Schindlers to the media that I have seen are not only entirely consistent with the vegetative state but also, to the trained eye of any doctor experienced in the diagnosis of the vegetative state and related conditions, are completely compatible with the fact that Terri is in a vegetative state. For example, if one looks at Terri’s eyes closely during these videotapes, it is reasonably evident that she does not sustained visual pursuit, nor visual fixation, even when the mother is directly in front of the patient and Terri apparently “smiling” at her mother. Sustained visual pursuit (visual tracking) is almost always the cardinal feature distinguishing patients in a vegetative state from those with any degree of cognitive functioning. And the first sign of evolving from the vegetative state to a higher level of cognitive functioning, e.g. the minimally conscious state, is almost invariably the presence of sustained visual pursuit on a consistent, sustained, and reproducible basis, a physical finding that Terri Schiavo has never demonstrated.

Reference - lots more good information on that page - written by a doctor involved in the case.

[Magnum44]

At least you did not call me a Nazi. Thanks for playing.

I see no reason to name call.

I just do not understand your support for this judicial decision. Is it blind faith that the system never fails? Do you not believe that a balance of powers was established to prevent any single branch from ruling by fiat? Have you never seen a judicial case where you disagreed with the outcome? Does not the life a person deserve better than the opinion of a handful of (carefully selected by lawyers) doctors? You sit on what I, rightly or wrongly, called legal 'crap' as the pillar of your position, but you've made no attempt to respond to the moral travesty, at least so far as I could tell.

Anyway I promised no more hounding, so no reply is expected.

[UCANSEE2]

None of that matters. Michael is referring to Terri's alledged statement from 15 years ago.

I have heard people say they would rather die, but when they get to a situation where they are in that type of position, they usually cling to life as strongly as anyone else.

UNLESS TERRI INDICATED THE WISH TO JUST 'DIE' after she was injured, her alledged statement means nothing.

The judge accepts Michael's,Mike's brother and sister in law's word as credible, ignores two other witnesses who stated the exact opposite, and claims ALL THE EVIDENCE shows she said it.

Gee, I thought our courts were to consider all evidence, not decide to throw out the evidence that doesn't please the judge because he already made up his mind.

[Boardwalk]

But what if HINO wasn't listening another time Terri expressed her wishes to live, perhaps while he was visiting with her in the hospice behind locked doors!

[A_Niceguy_in_CA]

Didn't Mother Schiavo have a living will?

Didn't the Schiavo spawn stand to inherit Mother Schiavo's estate?

[Jotmo]

And what do you feel is motivating the judge to want her dead at all costs? Money, sadism, evil, what? I just don't get that part.

[Orlando]

Satan soldiers control this AREA need to get it out of AO and AWAY from this evil PLACE..
NEED the FBI and U.S. Atty General Gonzalez & U.S. Congress to DEMAND HEARINGS ASAP !!!and Investigations in this criminal case....the facts are there (Alot of facts) remember alot of facts were motion-out and SEALED by these demons.....Need to see the LIGHT MORE !!!

U.S. Atty General Office

AskDOJ@usdoj.gov

PLEASE, IN JESUS CHRIST NAME and THE HOLY MOTHER MARY please contact him..asap!!!
Jeb arrest MS !!! NOW!!!!

[syriacus]

Syriacus:"Michael said ... "I want to get on with my life, and Terry [sic] would want me to [sic] as well"

Destro: "How sinister! Anyway, you know it was spun towards the negative."

Depends on what you define as negative spin.

That quote, that I cited at the top of this post, is "cut-and-pasted" from an online item that was posted by someone who is supporting Michael. (That is why they mispelled Terri's name)

[Boardwalk]

Power. The power to be God. Also, the power to extinguish the less than desireable. Wouldn't be the first time a guy like this came along!

[Jrabbit]

I don't believe you. It's not the sanctity you have been upholding, it's the notion that Michael owns Terri. She's his property to be disposed of as he choses. You refuse to acknowledge his conflict of interest in this case.

And it's not about you and your marriage or me and my marriage. As far as I know, neither one of us will have our marriages threatened if Terri lives.

[conservative blonde]

Where have you been living? Judge Greer was not making his decisions on the facts of the case. He was making his decisions on what Michael Schiavo told him were the facts. If you had been following the facts being revealed by nurses and people who knew Terri, you would understand. Michael should never have been named guardian in the first place. Terri's parents, her brother and her sister are her family, not Michael. He undermined any attempt to rehibilitate Terri. He wouldn't even allow her to be taught how to swallow. And, we know she could swallow because she could swallow her siliva. If she could have learned to eat again by mouth there would have been no need for a feeding tube and Judge Greer couldn't have called her in a vegatative state. But then Michael wouldn't get any money to spend. Learn the facts buddy!

[syriacus]

that it is an ongoing attempt at murder,therefore the statute of limitations should not apply.

Good point.

[AaronInCarolina]

And since Michael's brother and s-i-l have no dog in this fight...

Oh really??? Is it that hard a stretch to wonder that if Terri and died quickly that these two would have received some benefit in return from the huge settlement money? Is it right to accuse them of such a thing? Maybe not, but only a naive person would not think of the possibility.

Personally I would give less credence to Michaels brother and sister-in-law than Terri's best friend who testified to just the opposite opinion of Terri's wishes.

[Rutles4Ever]

You are correct that Schiavo is still her husband in the eyes of God no matter how many children he has out of wedlock. The only jurisdiction the Church has theologically is to declare upon annulment that the marriage never existed in the first place - on the basis of abandonment - but that's after the fact. They're still married in the eyes of the Church until a civil divorce takes place and annulment proceedings are completed. And that doesn't even guarantee that an annulment would be granted. A Church tribunal could come back and say "even though this guy is a cad and debatably an evil human being, it doesn't mean their marriage vows were invalid when taken." There would have to be proof that Michael intended from the altar to abandon his wife - or, more likely, that he had no intent to see through the vows of "for better or for worse". That said, however, it may be possible instead to argue that he was severely abusive to her, and this indicated a condition of mind that likely existed at the time of vows, which would be easier to grant annulment over.

[Destro]

Like I said - people will spin such a statement (which may or may not be from the husband) to mean he wants their ordeal to end or to kill her off and be done with her.

[offduty]

In reading this portion of the transcript I have but one question? Was a will executed by Terri near the time the statements were made? If she had presence of mind (according to the witness) to indicate that she wanted to write a "living will" would she not have executed same? If there was a passage of time from the statement to the incapacitation of Terri could this mean that she changed her mind? I find that taking these statements, under the circumstances, as fact of her intent, just pure speculation. These statements were not made in a declaratory sense, but in an empathetic response to the circumstances.

[syriacus]

He may have broken his vows according to the church but that is a matter for the church

Silly me.

I thought the civil government, not the church, issued the marriage license.

Maybe things are different in Pennsylvania

[northernlightsII]

Sanctity of marriage of marriage does not apply to the spouse who blatantly in the eyes of all repudiates it by shacking up with another woman and fathers 2 illegitimate children.
I have posted that to you already and you have failed to answer.
There is a general rule of interpretation in law, "you must come to the court with clean hands."
If Michael wants to rely on the sanctity of marriage to gain standing, he must first respect sanctity of marriage himself.
Tough,but you can't off one spouse in order to get another.

[JonDavid]

I agree with this. I wouldn't rule out an executive order, though, but it might bring on a true constitutional crisis.

So what? Let's BRING IT ON!! The Democrats want to impeach President Bush, so let them try over Terri. However, President Bush may not issue an Executive Order because he wants his Social Security reform. Well if Terri dies & President Bush does not issue an Executive Order, Peggy Noonan is right & the Republics will have problems with their base. Even if the Executive Order is ruled unconstitutional by US Supreme Court President Bush exhausted all his options.