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

[Netizen]

Hopefully for the last time.

[incredulous joe]

Hey, man. It weren't my call. The tube shoulda kept in her in the first place. Besides starvation is "painless and peaceful" if you ask old Felos.

[MamaLucci]

You sound almost.................disappointed.

[Diogenesis]

Black-robed Mullahs from Iran to Florida are a POX on citizens.

This is a defining two weeks of torture. NOT their first.
but the first which has exposed them from the reptiles they are --- including in America.

[bd476]

Praise the Lord! Prayers for Terri's continued strength and peace and calm for her loving parents. Thank God!

[Mo1]

put on CNN .. they are talking about it

[Ethrane]

No problem...this whole ordeal has been tough on TS, and all her well wishers here at FR...

[CindyDawg]

If someone was stranded and without food or water and found alive 12 days later wouldn't you want an attempt made to save their life even if pain/discomfort involved?

[cherry]

I think of resuscitation as putting a tube down your throat and perhaps doing the whole nine yards of CPR.......

I hope they don't have to do that......I wouldn't really want them to do that , either....

[TruthSetsUFree]

Amen, CindyDawg. I think He's going to be the true Hero of the day.

[Dolphy]

I had no idea that they filed an emergency petition.

The lead attorney for Terri Schiavo's parents filed an emergency petition with the 11th U.S. Circuit Court of Appeals late Tuesday, asking that the full court hear an appeal to have their daughter's feeding tube reinserted, a court spokeswoman said.

Link

[Petronski]

My God, if they're going to wait to re-hydrate . . . it would be the most obscene and reprehensible act .. to the level of sheer savagery . . . how can they do this??

More of the same.

Keep praying!

[CyberAnt]

And .. it's only fitting that it ends in the federal court which is what the legislation was designed to do.

[mjtobias]

"Pray for Terri, Pray hard!"

Yes, I am.

[AndyJackson]

DC committed plain error when it reviewed only case history not facts of the case.

Like DUH, but our learned men in robes can't figure it out.

[MJY1288]

I'm praying that I'm right, This is a common sense case, despite the never ending thirst for death the left in this country has. I believe good will come from this horrible situation no matter what the outcome is.

If Terri dies, her blood will be on every leftist hands when the facts come out to show she was not in a vegetative state, If she is spared from the barbaric starvation death the left considers a peaceful process, the world will see just what the left stands for.

Terri Schaivo is a living human being that requires nothing more than basic sustenance. No civilized nation should condemn her to death because her spouse wishes her dead. PERIOD

[drlevy88]

I pray that the ghoul Felos' "beautiful" turns "ugly" right in his face.

[Ethrane]

I think of resuscitation as putting a tube down your throat and perhaps doing the whole nine yards of CPR.......

Sorry...did not mean to mislead.

Resuscitation in medicine means to correct the underlying metabolic/volume abnormalities too...not just 'CPR' etc...

[Raycpa]

This only means something if the courts order she get medical attention.

[Petronski]

As the Schiavo deathwatch drags on . . .

I hope the CBS reporter hasn't been too inconvenienced by Terri's will to live...