Fed Appeals Court Grant Terri's Parents Petition for Rehearing

FNC

[WhistlingPastTheGraveyard]

FEDERAL APPEALS COURT WILL LET TERRI'S PARENTS FILE A PETITION FOR REHEARING FOR AN INJUNCTION TO REINSERT FEEDING TUBE... BREAKING

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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

[gogeo]

I simply stated my belief that TS's tube will be removed once again, and all we have accomplished is a physical torture of her body. Your hopes and wishes are fully understood and supported. Like you, I also wish that she could be restored, in all aspects. However, God has chosen another path for her.

With all due respect, son, you don't have a clue, one way or the other, what path God has chosen...you can't be a Christian and utter such nonsense. We're not held accountable for what happens, we're held accountable for what we do. All we can do is our best.

[nmh]

"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."

She doesn't HAVE TO SAY THAT!

It is CRITICAL to have the "right" people on the jury and why they go to such great pains to draw these people out. They screwed up on this one. This person is an extremely prejudiced and precisely the kind of person you want eliminated.

[ClaireSolt]

I will be happy if the appeals court hears this complaint. The idea that the husband has asserted and insisted on exercising such tyrannical rights has scared me. Apparently the complaint points out that she is trapped in ways that do not let her defend herself against a husband/ guardian who has conflicts of interest. Legally she could not divorce without permission of her guardian and Greer has failed to rule on two petitions to change the guardian. You people worry about RINOS. One problem here is the HINO, in my opinion.

[incredulous joe]

accountable in action, in thought and word, in what we have done and what we have failed to do - as the old rite of repentance goes

[PhiKapMom]

It is totally sickening! This just gets more bizarre the more we hear. I just don't see how any Judge can order someone starved to death based on hearsay. That is why an investigation of all the facts needs to come out.

[LYSandra]

I wish someone would tell that stupid lawyer Feros to shut the hell up! He's not a Dr. and keeps lipping off about things he is not qualified to address.

[LYSandra]

I wish someone would tell that stupid lawyer Feros to shut the hell up! He's not a Dr. and keeps lipping off about things he is not qualified to address.

[antiRepublicrat]

I just don't see how any Judge can order someone starved to death based on hearsay.

He didn't. Michael Schiavo's account of her wishes is legally not hearsay.

[PhiKapMom]

Peach you are 100% correct. Cannot remember some of these people ever saying anything good about Republicans and Pres Bush -- always the negative.

What galls me are the ones that have been trashing Republicans for years on here and then say they are leaving the Republican Party over and over again -- everytime something comes up they can trash Republicans they are right in the center of stirring the pot with their now I am not donating and now I am quitting the Republicans. They must think we have short term memories!

[PhiKapMom]

So that is how Judge Greer got around it? It wasn't hearsay? What did he call it?

[Lady Heron]

HINO?

[ohioWfan]

Funny, isn't it, how many liberals and radical libertarians are 'abandoning' the Republican party because of this?

How dumb do these people think we are, Peach? (Don't answer that. ;o)

[ohioWfan]

GMTA, PhiKap. :o)

[Peach]

:-)

[Peach]

GMTA. LOL

We were born at night, but it wasn't last night :-)

[ohioWfan]

Actually, I was born at 1:35 in the afternoon..........but it wasn't yesterday, and there were no turnip trucks to be found......

[Saundra Duffy]

Jeb Bush's fatal error: No guts . . . no glory.

[Saundra Duffy]

Husband in name only (HINO) meaning Michael Schiavo.

[gogeo]

The latter may be true to an extent - but if the court decides that there is no reason that Michael Schaivo must be disqualified as her medical care decision-maker (his conflict-of-interest is not strong enough to disqualify him, especially if he is making a rational choice)

His conflict of interest is blatant and overwhelming.

[WhistlingPastTheGraveyard]

She's already survived circumstances I couldn't even imagine.

No offense, but I've had enough of humans assuming they know what this woman can and cannot do. I'm putting my faith in God and Terri on this one.