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

[Enterprise]

"Watch the breaking news for several ambulances pulling up to the Hospice center in a few minutes"

That would be a very very powerful moment!

[Piranha]

You mean, thanks Jesse.

All those self-righteous conservatives who turned up their noses at support from Jesse Jackson should be having second thoughts. I have no doubt that, as you suggest, the involvement of people like Rev. Jackson is playing a key part in swaying popular opinion toward the belief that Terri is being murdered by the state.

This case may wind up being a seminal event in weaning the black community away from mindless support of the Democratic party -- and, thanks to the efforts of Jesse Jackson and a select few others, Terri may live.

[mjtobias]

Running down the clock?

I'd like to know if first they have a hearing on whether to rinsert the tube and then the tube will be reinserted, OR first they reinsert the tube and then they can have their long hearing?

[MJY1288]

Me either. I will get down on my knees and thank God like few other times in my life

[Ethrane]

I realize that, and I'm on your side.

I'm just saying that resuscitating her at this juncture may prove to be futile...she was debilitated to begin with, and trying to resuscitate her might in and of itself kill her.

I am not saying it is wrong to try, just that this late action might not be successful.

[nickcarraway]

ping

[incredulous joe]

Really, I'm not suprised by any potential horror that they can dream up anymore.

[drlevy88]

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.

Would they file it with the 11th? Or does it go back to Whittemore?

[windchime]

"When you've fallen through the ice and you see a hand reaching out, you don't start looking to see if it's dirty. You just grab on to it and hold on for dear life."

Don't know if this was supposed to elicit tears, but it did. It's so right!

[Soul Seeker]

Is this what Jay mentioned they were pursuing yesterday?

I refuse to hope. Given the behavior of the Courts and late date I won't place my Faith in them to suddenly right this wrong. But I will continue prayer.

[MJY1288]

The fact of the matter is that Judge Greear is a Probate Judge, he isn't even on the level of DC

[Serenissima Venezia]

Is this the court that voted 2-1 before?

[STARWISE]

LIVE ON MSNBC NOW!!

[sageb1]

"I think everyone should come to grips with the fact that it might be too late."

I think everyone knows that. But maybe, just maybe, God gave her the strength to hang on for a reason.

[nicmarlo]

What brought this on ..??

petition alleges JUDICIAL ERROR in District Court (DC).

Claim is based on the DC judge reviewing only case history, not the facts of the case.

The law was written that the judge SHALL review it de novo, not review what has gone on before.....

That was not done....so, judicial error was committed....that is what the petition is based upon.

Now, I'm signing off...it's 1:00 a.m. here.

[Jrabbit]

Is this about the bill congress passed? If so, they have to feed her while they review....I think....I pray

[Ethrane]

The feeding tube at this point is NOT important.

Start an IV, and give her Dextrose and fluids.

It's not like her bowel is just going to 'start functioning' immediately like nothing happened over the past 2 weeks....

[Hunble]

"I don't think they can do that. They will have to rehydrate her very carefully. She has a horrendous amount of toxins accumulated in her blood and kidneys. I think they would have to put her on dialysis or something similar in order to get her blood back to normal."

I will say it once again! At this time, it will be a painful torture for her body.

I hope y'all are proud of causing TS more pain and suffering.

[hipaatwo]

You are right. Unfortuneately, Michael and his legal team could probably block anything beyond a feeding tube




Maybe they'll take his guardianship away too and make her a ward of the state.

[MJY1288]

Pray for Terri, Pray hard!