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Fed Appeals Court Grant Terri's Parents Petition for Rehearing
FNC
Posted on 03/29/2005 9:36:23 PM PST by WhistlingPastTheGraveyard
Edited on 03/29/2005 9:59:29 PM PST by Jim Robinson.
[history]
FEDERAL APPEALS COURT WILL LET TERRI'S PARENTS FILE A PETITION FOR REHEARING FOR AN INJUNCTION TO REINSERT FEEDING TUBE... BREAKING
Moderator update:
Court Says Yes To Schiavo Parents
March 30, 2005
(CBS/AP) A federal appeals court early Wednesday granted Terri Schiavo's parents the right to file a petition for rehearing for an injunction that could allow their daughter's feeding tube to be reconnected.
The ruling came just after midnight from a federal appeals court in Atlanta.
On Tuesday, Schiavo's 12th full day without food or water, the Rev. Jesse Jackson prayed with her parents and joined conservatives in calling for state lawmakers to order her feeding tube reinserted.
The former Democratic presidential candidate was invited by Schiavo's parents to meet with activists outside Schiavo's hospice. His arrival was greeted by some applause and cries of "This is about civil rights!"
"I feel so passionate about this injustice being done, how unnecessary it is to deny her a feeding tube, water, not even ice to be used for her parched lips," he said. "This is a moral issue and it transcends politics and family disputes."
As the Schiavo deathwatch drags on, CBS News Correspondent Mark Strassmann spoke with two families who grappled with the same issues as the Schindlers and Michael Schiavo. On one side are Dorothy and Michael Brocato, who have provided care for their brain-damaged daughter Lisa, who suffered brain damage from a heart attack 15 years ago.
"We have devoted our lives to taking care of Lisa, says her mother. The Brocatos are sympathetic to the Schindler's wish to keep Terri Schiavo alive
"I love her. I love her. I couldn't picture not having her around me,'' says Dorothy Brocato.
Ron Oister has watched the Schiavo drama play out from a very different perspective. When Oister's father was essentially brain-dead, his son's wrenching decision was to let his father go.
"It was very hard,'' Oister told Strassmann. "That was my father. And he was in front of me. And I knew he could never return to what he had been."
Oister says Schiavo's parents helped create this needless public spectacle because they refused to face their hard reality.
"She died then, not now. My own experience would say that one ends life at that time."
Jesse Jackson's visit provided an emotional boost to Schiavo's parents and siblings, who have maintained that Schiavo would want to be kept alive. Her husband, Michael Schiavo, insists he is carrying out her wishes by having the feeding tube pulled.
Mary Schindler, Terri Schiavo's mother, later made a terse but emotional appeal to Michael Schiavo: "Michael and Jodi, you have your own children. Please, please give my child back to me." Michael Schiavo and fiancee Jodi Centonze have two children, born long after Terri Schiavo fell into paralysis.
Although supporters of the Schindlers have claimed the dehydrated woman is being denied comfort measures such as ice chips for her dry mouth or balm for chapped lips, George Felos, the husband's attorney, defended how Schiavo is being cared for.
"Obviously, the parents and the siblings are desperate. Desperation may lead to different perceptions," Felos told CNN. "I can only tell you what I've seen, and Terri is dying a very peaceful, cared-for death." Felos did not return phone messages seeking comment from The Associated Press.
Jackson said he asked Michael Schiavo for permission to see the brain-damaged woman but was denied. He also telephoned black legislators in a last-ditch effort to bring back a bill that would prohibit severely brain-damaged patients from being denied food and water if they didn't express their wishes in writing. Lawmakers rejected the legislation earlier this month and appeared unlikely to reconsider it.
One of those contacted by Jackson, Democratic state Sen. Gary Siplin, said he told Jackson the issue had been "thoroughly discussed." Senate Democratic leader Les Miller added, "I have voted. It's time to move on."
The chief sponsor of the measure, state Sen. Daniel Webster, said he knew of no changed votes and that Jackson's efforts may have come too late.
"If he could sway votes and I'm certain he may be able to it would have been helpful if he had done that a little earlier" said Webster, a Republican. "We're running out of time. To do it now is not as timely as a couple of weeks ago would have been."
Bob Schindler described his daughter as "failing" following his visit Tuesday.
"She still looks pretty darn good under the circumstances," Schindler said. "You can see the impact of no food and water for 12 days. Her bodily functions are still working. We still have her."
First lady Laura Bush also commented on the case Tuesday, saying the government was right to have intervened on behalf of Schiavo.
"It is a life issue that really does require government to be involved," Bush said aboard a plane bound for Afghanistan, where she was to promote education and women's rights.
During Jackson's visit, a man was tackled to the ground by officers when he tried to storm into the hospice, police said. He became the 47th protester arrested since the feeding tube was removed March 18. The man had two bottles of water with him but did not reach the hospice door, police said.
Doctors have said Terri Schiavo, 41, would probably die within a week or two of the tube being removed. She suffered catastrophic brain damage in 1990 when her heart stopped for several minutes because of a chemical imbalance apparently brought on by an eating disorder.
The parents also lost another round in the courts Tuesday when an appeals court upheld a pervious ruling by Judge George Greer that blocked the Department of Children and Families from intervening in the case.
Court Says Yes To Schiavo Parents
TOPICS: Breaking News; News/Current Events; US: Florida
KEYWORDS: blessedterri; christhavemercy; hopebeyondallhope; lordhavemercy; myjesusmercy; parentsrights; prayforamerica; prayforterri; schindleristas; terri; terribots; terrischiavo; terrischindler; the13thday
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To: antiRepublicrat
To: UnbelievingScumOnTheOtherSide
"I wish you would stop saying the Shindlers screwed up. Felos & co. only look brilliant because the judges agree with their social agenda and they have absolute unquestioned power. Johnny Cochran couldn't win against that. If courts had wanted to reach the opposite conclusion they would have and they would have made the Shindlers' lawyers look brilliant."
You can't wish away thee obvious about the Shindler attorney. Felos isn't "brilliant" and I have never said that.
I don't know what Cochran has to do with this other than he presented a more convincing case than the Prosecutors. Does the worn out phrase, "if the glove doesn't fit, then acquit" ring a bell? And the glove didn't fit! I still believe that O.J. is guilty as hell but he used OBJECTIVE evidence to get him free.
It's not a question of "absolute power". It's all about compelling evidence that is NOT emotional but objective.
1,142
posted on
03/30/2005 7:30:12 AM PST
by
nmh
(Intelligent people recognize Intelligent Design (God).)
To: NCC-1701
He's afraid. And he's left the scene.
To: nmh
Cochran won because of jury nullification.
Felos won because of judge nullification.
Nothing more to it.
To: myrabach
I understand ... still starvation is fairly routine in terminal situations. Terri wasn't terminal and had NO business in a Hospice. Isn't it true that you are in there when you have six months of less to live? So the Shindlers should have been on alert as soon as she was placed in there.
Unfortunatley, her estranged husband is looked at as more credible for Terri's wishes. I just don't see where they will want to rehash this all over again. I hate to see people have false hope.
1,145
posted on
03/30/2005 7:34:41 AM PST
by
nmh
(Intelligent people recognize Intelligent Design (God).)
To: nmh
I personally don't want a judge ruling on emotions even if it is for the side I am on -- I want judges that rule on facts and the law.
Can remember back to the days when wanting judges that rules on facts and law was the standard on here. That is no longer the case -- a lot on here want activists judges who rule on emotion as long as they rule in their favor. They went a President and a Governor to break the law and become tyrants by removing public officials at will because it suits their purpose. Makes me wonder what is happening.
1,146
posted on
03/30/2005 7:34:55 AM PST
by
PhiKapMom
(AOII Mom -- Increase Republicans in Congress in 2006!)
To: GeekDejure
However... from where and how does he have the power and uthority to prevent a poor dying woman from taking a sip of water ??????????? When a person is incapacitated, the court appoints a proxy (guardian) to act in her interests. It's usually the spouse if there is one. When the proxy's decisions are contested, the judge is required to hear the case. When it looks like the parties can't agree, the proxy can require the judge to decide which party best represents the wishes and interests of the incapacitated person, and the judge will make an order pursuant to which side he believes. In this case, he agreed with the proxy, Michael Schiavo.
To: PhiKapMom
"I personally don't want a judge ruling on emotions even if it is for the side I am on -- I want judges that rule on facts and the law.
Can remember back to the days when wanting judges that rules on facts and law was the standard on here. That is no longer the case -- a lot on here want activists judges who rule on emotion as long as they rule in their favor. They went a President and a Governor to break the law and become tyrants by removing public officials at will because it suits their purpose. Makes me wonder what is happening."
EXACTLY!
They want emotions to rule and be the reason to break the law - AH, in THEIR FAVOR - (save Terri's life).
In the next breathe they'll complain about politically motivated judges with a PERSONAL AGENDA!
Go figure.
You can't have it both ways. SOME, without knowing it, are advocating anarchy.
1,148
posted on
03/30/2005 7:39:25 AM PST
by
nmh
(Intelligent people recognize Intelligent Design (God).)
To: PhiKapMom
I just heard on Laura Ingraham that when the priest and the Schindler's went to her on Easter Sunday to give her communion, the priest was threatened with arrest if he did so. Apparently, a compromise was reached whereby the hospice cleric had to hold the hand of the family's priest. I suppose the point of that was so that his hand could be snatched away if, God forbid, he tried to provide any more that the hospice thought appropriate. There were 3 deputies present to prevent the priest from giving communion. It is not true that MS acceded to the request of Terri's parents to have communion administered, so let's put that one to rest, if it hasn't already been. Just when I think this cannot get more sickening.
1,149
posted on
03/30/2005 7:44:05 AM PST
by
Bahbah
(Something wicked this way comes)
To: UnbelievingScumOnTheOtherSide
"Cochran won because of jury nullification.
Felos won because of judge nullification.
Nothing more to it."
You're comparing apples to oranges!
If the Prosecutor for O.J. was competent they'd have won.
If the Shindlers had competent representation, Terri would not be dying. It's really that straight forward.
Hey, you can believe whatever you wish.
1,150
posted on
03/30/2005 7:44:31 AM PST
by
nmh
(Intelligent people recognize Intelligent Design (God).)
To: UnbelievingScumOnTheOtherSide
"Johnny Cochran couldn't win against that. About Johnny winning anything... Have you seen any other FR threads recently? If not, I'm afraid I've got some bad news for you...
1,151
posted on
03/30/2005 7:44:47 AM PST
by
Luddite Patent Counsel
("Those are my principles, and if you don't like them... well, I have others." - Groucho Marx)
To: churchillbuff
I've stopped making the mistake of considering the Republican Party the repository of goodness.That's because you're a Democrat, as anyone reading your posts these last few years will understand. You've never had one single solitary good thing to say about the Bush administration or the Republicans or our military. Not once.
1,152
posted on
03/30/2005 7:49:23 AM PST
by
Peach
(I'm in the WPPFF.)
To: UnbelievingScumOnTheOtherSide
He got the idea from this gallery: Except Obersturmbannführer was simply a military rank in the SS, roughly equal to lieutenant colonel. We have anglicized führer somewhat, but most created usages in English are atrocious.
To: syriacus
It has been a few days since I read Wolfson's report. Am I correct in remembering that throughout the report he referred to Terri's feeding tube as life support?
To: nmh
If the Prosecutor for O.J. was competent they'd have won.One of the woman jurors interviewed after the OJ aquittal said that she didn't care if he was sitting on the stand with the bloody knife in his had, she wasn't going to convict him. You also are free to believe what you wish.
1,155
posted on
03/30/2005 7:58:03 AM PST
by
Bahbah
(Something wicked this way comes)
To: Bahbah
"One of the woman jurors interviewed after the OJ aquittal said that she didn't care if he was sitting on the stand with the bloody knife in his had, she wasn't going to convict him. You also are free to believe what you wish."
Then WHY didn't the prosecutor screen her out?
Perhaps some INCOMETENCE on the part of the prosecution team?
Duh.
1,156
posted on
03/30/2005 7:59:42 AM PST
by
nmh
(Intelligent people recognize Intelligent Design (God).)
To: nmh
Then WHY didn't the prosecutor screen her out?She didn't say that BEFORE the trial. She said it after. I don't disagree about the incompetence of the prosecution, but I'm not sure that was the deciding factor.
1,157
posted on
03/30/2005 8:01:06 AM PST
by
Bahbah
(Something wicked this way comes)
To: All
Just heard on the radio news that Terri is beginning to have RAPID BREATHING which is one of the signs of end stage dying.
1,158
posted on
03/30/2005 8:04:20 AM PST
by
Spunky
("Everyone has a freedom of choice, but not of consequences.")
To: flaglady47
But of course, the Terri Schiavo supporters will use any port in a storm, hypocritical or not. Even the most wrong of people have a tendency to be right at least once in their life, thank God. Yes, even they can see this issue is more than about politics and that starving a woman to death is wrong unlike you.
To: CaptainJustice
I can't even stand to come to this site anymore because of the fanatic unreasonableness of the Terri Cult. It's nauseating. Right, like starving a woman to death, something we would put somebody in jail for if he did it to his dog, is not nauseating. I can't imagine why people would get upset over starving a woman, the world is so full of sickos trying to save a useless feeder.
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