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

[devolve]

Personal Injury - Disabled - Hospice Care - Accidents
Medical MacPractice - Wills - Trusts - Whack & Fall
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FELON & FELON - LLC

LET U$ GIVE YOU INNER PEACE

[1066AD]

BROWN: Larry, a couple of other things... (snip) .. 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....

She has ? I thought her (so-called) husband was her guardian.

[drlevy88]

dance, dance, dance with the ghoul-dlums

[STARWISE]

You're right .. the silly implication that an innocent disabled women can be ordered to be starved and dehydrated until death on the premise of a single, casual conversation (heresay), in direct contradiction to both her religious beliefs and the intimate knowledge of her character by her family and closest friends, over 15 years ago, by a GINO (guardian in name only), who has for the last ten years begun a life with another woman, and fathered two children, thereby creating a new family which now houses the focus of his primary interest. (PS. THAT WAS THE LONGEST SENTENCE I'VE EVER WRITTEN.)

And .. I haven't even gotten into the politics, good ole boy network in PinHELLas County, that's she's been in an end-of-life care (hospice) facility for five years, which facility is designed for people with a 6-month window on life, or the suspicious circumstances under which her "disabling" occurred. Shall I continue?

================================================

NOTE TO THE REST: Sen. Santorum is being replayed with AIRON Brown again NOW .. firmly stating that the bill said the case "SHALL" be heard de novo ... he pulled no punches later in his segment with Hannity about his intention to take up the matter of how the bill was handled and Greer's casual dismissal of the wishes of the bill.

[Former Military Chick]

You know that is correct. I had thought they were not going to file any more appeals. I have differing thoughts on this case but I cannot past judgement on parents who love their child and do not want to out live their daughter.

Thanks for the comment.

[UnbelievingScumOnTheOtherSide]

I'm still on.

Plan on staying on until noon or whenever they decide to explain once again why they don't have to do anything Congress says?

[MJY1288]

Thanks PKM, I read the story a few days ago and my own bias on this case obviously kicked in!!!

I still can't help but despising Judge Greer for his heartless decisions. My focus right now is on the possibility of saving the life of Terri Schiavo

[Auntie Mame]

I wish old Humble's post to me had stayed up so everyone could see it. You were right, of course, to file the abuse report, but it was such a perfect example of hatefulness. The best I've ever seen, really.

[Dolphy]

Yes, they did file an emergency petition (I posted that earlier on this thread). CNN describes it as late Tuesday in their story posted at 12:32 AM today. I don't know how fast the court reacted but it seem pretty quickly. I'm up and down about what this means and how fast they will act.

[hipaatwo]

adonai elohenu, adonai echod Thank you, I haven't gone to synagogue for years and couldn't get a prayer in my head until I saw this. And I'll repeat it: adonai elohenu, adonai echod

[Soul Seeker]

He is a Messianic Jew? I did not know that. Interesting.

I've listened to him on Hannity's show since this broke and have developed a respect for him. I've, as result, deferred to him for his legal judgements on what is possible and what is not as consequence.

[flowergirl]

If it's to be heard de novo.are we sure that it won't be thrown back to greer?

[MJY1288]

Yes He does!!

[drlevy88]

Well this is de novo. Sekulow will be able to argue this "from scratch" to Whittemore. The result could be light years better than what the Schindlers suffered in the mockery that Florida calls courts.

[Petronski]

I suspect the 11th Circuit will order reinsertion of the feeding tube in order to maintain the status quo while...

That would be the normal course of action, though this case has had precious-little "normal" thus far.

[lainde]

She needs emergency dialysis...This is now way beyond a feeding tube. Her fluids and (now nonexistent) urine output will have to be monitored very carefully. Ironically this really means she needs an ICU bed, with cardiac monitor, regular labs and central line. When she presents to the ER, the doctor has ethical DUTY to do whatever he would do for any other patient and bloody ignore the legal wrangling.

[Hunble]

Being reported to the Admin for simply stating my views on this issue, is an abuse.

I am sorry that you and others are unable to talk about this issue in a civilized manner.

However, I stand by my statement: Is this how you would wish to be treated?

Since I have been reported to the Admin for abuse, then perhaps it would be better if I not continue with any replies.

However my fellow Freeper friends, there is a good reason why I have been around for all of these years.

[TAdams8591]

THAT's the picture they show on Fox News all the time and sometimes on other stations. I wish they would Caption it as having been taken after the hospital.

[CHARLITE]

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

Felos was on the board of the hospice. How about THAT for a conflict of interest........plus the fact that he and Michael connived and finagled to get Terri transferred from the nursing home to this hospice. It was illegal, because hospice care is only for terminally ill patients. There was nothing physically wrong with Terri, like any illness, which would qualify her for hospice care!

But Felos, as a board member of the hospice, circumvented the laws of the State of Florida, and got her into the place. Obviously, there was an ulterior motive - like not having access to regular nursing and hospital/medicinal care........or intervention, should she develop a serious condition, which, in fact, she actually did - a very bad infection, which Michael refused to treat!

I hope that all of this skullduggery comes out, after the crisis here has been resolved..........and BTW, Aaron Brown went right on talking on CNN about the "autopsy," immediately after discussing the 11th Court's new hearing on behalf of Terri and for the purpose of trying to save her life! Ole Aaron didn't let it faze him. He went right on discussing Terri's autopsy, as though the breaking news had no significance, because Aaron Brown just knows in his super liberal heart that she will die!

[Finalapproach29er]

This decision did not happen on it's own, a group of lawyers must have been petitioning the Court on this matter for them to issue a 12:30 AM announcement.
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Jesse made a call to someone in the liberal Black Civil Rights grapevine, which is based in Atlanta. They have the power in that city. I believe the 11th circut is there, too.

Either that, or the inverse. The liberal civil rights network of activists saw their hero on TV and had second thoughts after JJ gave it his blessing. My two cents.