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

---

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

[Petronski]

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

Be gone, troll.

[PFKEY]

I wish they would hurry Terri doesn't have much time.

God be with Terri and give her comfort and strength.

[Shortstop7]

Well, whatever it takes is fine with me. This may very well be a good lesson for all of those who sit back and wait on the polls before they decide what to do. I give great credit to Jesse Jackson for doing the right thing.

I just hope and pray this happens quickly enough for Terri.

May Felos and Greer be d**ned.

[sageb1]

"One more chance to play god." If you want to talk to someone about playing God, talk to Felos.

[Lauren BaRecall]

Greer can't because it's out of his jurisdiction when it's in Federal court.

[GeekDejure]

Thankyou for explaining the probate thingy. But my question is: From where and how does Greer get the power and authority
to prevent a poor dying woman from taking a sip of water ???

[McGavin999]

Then so be it!

Careful of those curses, they have a way of bouncing back on people.

[drlevy88]

The attorneys said they were raising the procedural issue now because they have had time to conduct further research on the issues

Well gee if they'd gone on FreeRepublic they would have known about it days ago

[CyberAnt]

Jesus said, "BE HEALED" - I believe that might just be HIS will!!

BE HEALED TERRI - IN THE NAME OF JESUS!!!

[PhiKapMom]

Greer's wife is NOT on the board of hospice -- it was a phoney rumor spread on this site.

[WhistlingPastTheGraveyard]

Husband says last ditch effort.

Husband has a flair for the obvious.

Sometimes, last ditch efforts work.

[Utah Girl]

I blame the courts and the lawyers. A verdict was reached, Schiavo's side 'won' and that is that as far as the lawyers are concerned. There is no place in the law for charity or mercy, it is a win/lose proposition. I still can't believe that Felos said that Terri was the most peaceful he has ever seen her. Ugh.

[AndyJackson]

I think that the Judicial machinery has begun to figure out that they have leant an air of truth to Charles Dicken's famous quote from Oliver Twist "Of the law supposes that,” said Mr. Bumble, “the law is a ass, a idiot."

[drlevy88]

The abuse in talking as though this is all going to end with her being starved yet once more to the death.

[SwordofTruth]

In any event, may Jesus Christ the Risen Lord be praised.

Forever and ever, Amen.

[drlevy88]

The abuse in talking as though this is all going to end with her being starved yet once more to the death.

[CyberAnt]

Don't they operate 24/7 ..??

[SolomoninSouthDakota]

Kinda late in the game for a prayer like that.

Do you have some information on the state of Terri's internal organs?

[TexKat]

CNN NEWSNIGHT AARON BROWN Transcript

AARON BROWN, HOST: Good evening, again, everyone. Terri Schiavo has begun her 12th day without a feeding tube, both sides agree now, the end is drawing close. Mrs. Schiavo is reportedly no longer producing urine, a sign her kidneys may be shutting down.

That said, those who want to save her have not stopped fighting, at least not publicly.

(BEGIN VIDEOTAPE)

BROWN (voice-over): This evening, Mrs. Schiavo's mother, Mary Schindler made a public plea to her daughter's husband, Michael Schiavo, and to his girlfriend Jody.

MARY SCHINDLER, TERRI SCHIAVO'S MOTHER: Michael and Jody, you have your own children. Please, please give my child back to me.

BROWN: Outside Terri Schiavo's hospice in Pinellas Park, Florida, supporters of Michael Schiavo have joined the crowd of protesters, though they remain vastly outnumbered. And, as you probably know by now, the Reverend Jesse Jackson joined the protesters, and entered the fight on the side of the Schindler family, calling for Florida lawmakers to pass emergency legislation to intervene.

REV. JESSE JACKSON, POLITICAL ACTIVIST, SUPPORTS SCHINDLERS: I was on the phone today, talking with members of the Senate, asking them to be creative enough to try to fashion some emergency legislation to stop the starving, to stop the dehydration.

(END VIDEOTAPE)

BROWN: An outline of another sad day in the Schiavo case.

We're joined now from Pinellas Park by Larry Klayman, attorney and former general council of Judicial Watch. He's been with the Schindler family over the past few days, and is in this, as he is in virtually everything I've ever known him to do, a passionate proponent, in this case of that cause.

Larry, it's good to see you.

LARRY KLAYMAN, ATTORNEY, FMR. GEN. COUNCIL, JUDICIAL WATCH: Thanks, Aaron, it's good to see you, too.

BROWN: Can you give me a concrete idea that your side has that could turn this around at this point?

KLAYMAN: The Reverend Jackson articulated it very well. He reached out to us. Obviously, we've asked the governor for his help. We believe that he has the executive power. He's a good man, he's been a good governor, we'd like him to act. He has the ability to grant clemency to Terri, in fact, restore her civil rights. But if that does not happen, the legislature in Florida is really where we're at right now.

We're trying to reintroduce legislation that was voted down last week. We're looking for senators to support -- state senators -- Jesse Jackson is playing an instrumental role. We believe he will turn around at least three senators, and the procedures exist that this legislation can be reenacted, very, very quickly, perhaps within a day. Now, we're racing the clock, and we urge Jesse Jackson and those senators in Tallahassee to get the job done quickly before it's too late.

BROWN: Larry, someone speaking for the state house in Florida said that they wouldn't get to this till next Tuesday at the earliest, even if it passed the senate.

KLAYMAN: That person is mistaken because they'll be reintroducing the legislation that was discussed last week in the Senate. It can be reintroduced tomorrow at 9:30 a.m. for a new vote. The senate can vote upon it. It will go over to the house. The house would then have an opportunity to adopt the senate bill or house bill. That would then be sent back to the senate. It could all be done in one day, and the whole job could be signed by the governor tomorrow evening. It can happen, if everything breaks the right way. We thank Reverend Jackson for being here and working very hard to get this thing done.

BROWN: Larry, a couple of other things. You said to us earlier today when we talked that the legal system had failed both sides. Let me just play this back to you for a second. This case has probably been litigated as much as any right-to-life or right-to-die case in the history of any country. Each side has had doctors, the court has appointed doctors, Ms. Schiavo has had a guardian, independent of her husband, looking out for her interests. It may be the outcome isn't an outcome that people are comfortable with, and that makes sense to me, but how can you argue that the system failed?

KLAYMAN: Aaron, I saw it in a smaller way. You know, over the years -- that's why I started Judicial Watch in 1994. I'm now in private practice, having run for the senate down here, and this was a big part of my campaign, is that we need to do something about the system where we don't have the best and brightest on the bench. Now, how could this Judge Greer have made a decision, that there was clear and convincing evidence, when the evidence here was simply that Terri had made a statement watching an episode of E.R., of emergency room?

And when that kind of a situation arises, there are judges that are supposed to review the decisions of other judges. But judges, like everybody else -- lawyers, doctors, you name it -- protect themselves, and they rally around, they group the wagons, and that was the reason for Judicial Watch, was to watch judges, and it performs a valuable function.

But, beyond that, the lesson that will be taken out of this -- and let's pray that Terri lives, because not only do we want her to live as a human being, but she'll be very helpful in getting the job done -- is that we need better judges on the bench, number one, and number two, in the family law system -- and I had a tragedy in my own family where my grandmom had a do not resuscitate order put on her charts and my stepdad at the time told the hospital not to feed her. I went in as the grandson, I had no standing, just like the Schindler family. My grandmother was the closest person in my life, and we need to revise the family laws which simply do not serve the interest of the American people.

BROWN: That is a great conversation, honestly, to have, and we ought to have it, and I'd love to have it with you, perhaps, tomorrow or after this terrible tragedy ends, because there will be other chapters no matter how it ends. That's a good place to start.

Larry, it's good to see you.

KLAYMAN: Absolutely. Absolutely. Thank you, Aaron. God bless.

[StarFan]

This is such an emotional roller coaster. I can't even imagine what her parents and siblings must be feeling like.

My thoughts exactly. I worry that her fragile mother may not be able to endure much more. Hear our prayers Terri and hold on just a bit longer.