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

[connectthedots]

I did not say there was a petition for a writ of mandamus; only that the 11th Circuit could treat the petition for review as a petition for a writ of mandamus. In fact, even the US district Court judge is not allowed to respond to a petition for a writ of mandamus unless the Circuit court specifically asks for a response from the judge. At least that is the way is works in the 9th Cicuit.

[Lauren BaRecall]

St. Catherine Labore, too, if I remember correctly.

[CitizenM]

I had missed Hannity tonight and just saw the re-run. Did anyone catch Holmes engaged in a vicious argument with Schindlers priest and attorney? He was horrible. He said that Terri's friend had been talking yesterday about Terri waving her arms around when she was reminding Terri about dancing, etc. He thought that was giving the supporters there "false hope." And he asked the priest if he condoned that. And if he condoned the protester who tried to break into the Hospice and was arrested.

He continued to badger - and I mean badger the priest, repeating the question...pushing for a reply, his face grimacing up.

Finally the attorney said "Wait a minute, Colmes, are you accusing the woman of lying...are you saying she lied?" He asked that twice, leaning into the camera, pointing his finger.

Colmes was clearly way out of line. Badgering those men who were sitting there praying and appealing, and had such love for Terri. Now I know Hannity can sometimes badger, too...I will admit that. But not at people in this type of situation, it just was uncalled for. Pick on a politician, a businessman, but not someone who is living with the grief of someone dying bit by bit everyday. For heavens sake.

If Terri lives, and regains some quality of life beyond what she had in the care of Michael and at the Hospice, Colmes is in a world of $hit for that performance. The audience will never forget it or forgive him for it. I hope there are plenty of Freepers who saw it and made videos.

I have tried to give Colmes many chances. But this time he went way over the line. He acted just as aggresssive, just as assertive as the man who tried to get into the Hospice today, and he was faulting him- duh??? He was livid. What a horrible excuse for a man.

And then on the next interviews he still remained unbearably arrogant. If I was a man I would gladly punch him right between the eyes, and I have never felt that way about any news commentator.

[bubbleb]

Wow. this got my attention: The method will be used to treat a dozen patients with aplastic anemia, a condition in which people have a severe lack of bone marrow. Abuljadayel plans to treat the patients with blood stem cells derived from tissue-matched donors. "Within a week, we should find if the cells have taken," she says, adding that any improvements in the patients' condition should be immediately noticeable.

The results should be in by the end of March. Watch this space.
With your link, will be watching.

[CyberAnt]

I had somebody tell me that Greer's wife was not a member of the board anymore. I also heard that Felos was a former member of the board. The whole thing is a hornet's nest.

[newzjunkey]

Here we go again if her body does not succumb.

[mjtobias]

"I think I need a cigarette too."

It's almost 2:30 here and I need another mug of coffee.

[hipaatwo]

I can't watch it again, I had to turn it off the last time and I can't afford a new t.v.

anyway, good-night all, I hope Terri's tube is in by the time I wake up!

[CyberAnt]

You're right - "the heart of the king is in the hand of the Lord".

[oceanperch]

Yeah the movie she commented on living like that could have meant Boxing Helena but I guess Micheal is playing the part of the evil doctor in that movie.

[pulaskibush]

I'm watching a re-broadcast of Hannity & Colmes. Alan has communist activist to argue his point. I guess he couldn't find any democrat senators.

[windchime]

STARWISE and I both saw it. You have described it well.

Ping #564.

[Norman Bates]

I'd like Mel Martinez to be there too. I voted for him. Terri needs all the support she can get. If I were still in FL, I'd be there. I'm happy Santorum was there.

[flaglady47]

I love the choice of two of the spokesmen for the Schindler family. They requested Jesse Jackson to come down and speak on their cause's behalf. Jesse Jackson had an affair and a child out of wedlock recently. So he is an adulterer and has a bastard child by a concubine, to use some of the terminology Terri supporters use against Michael Schiavo and his children by his fiance. It's such hypocracy to have Jesse Jackson represent the moral values crowd on behalf of Terri Schiavo.

Then there is one of the other main spokesmen for the Schiavo's, Randall Terry. Here is a bit of information about him:

Randall Terry, anti-abortion activist and now Schindler family spokesman, has an unusual family background. CNN's Anderson Cooper reported tonight: (Transcript available on Lexis.com):

BAKHTIAR: It's been a long road for Randall Terry, who was once imprisoned for sending former President Bill Clinton an aborted fetus. His clinic crusade slowed after he was forced to settle a lawsuit with Planned Parenthood. He moved to Florida and campaigned against infidelity and birth control, gays and unwed mothers.

But a year ago, his expanded agenda came under fire from his own devout Christian family, the children who once were featured in TV ads.

...His son Jamiel came out as gay in a magazine article.

JAMIEL TERRY, RANDALL TERRY'S SON: In my family, it was you start having sex outside of marriage you get AIDS, you're a whore, your a slut, those are exact words. Yesterday he said to me I'm going to be at your funeral, you're going to die at 42.

BAKHTIAR: His teenage daughter Tila, said her father no longer welcomes her in his home.

TILA TERRY, RANDALL TERRY'S DAUGHTER: I had sex outside marriage, I got pregnant and I miscarried after about three or four months. I hadn't been speaking with my dad. We haven't been as close as you know we were since I left his house.

BAKHTIAR: His eldest, Ebony, also had two children out of wedlock and became a Muslim.

EBONY WHETSTONE, RANDALL TERRY'S DAUGHTER: It's a whole make of our family is not traditional, by far. So it's not going to be, you know, picture-perfect.

BAKHTIAR: And Randall Terry himself was censored by his church after he had an affair with an assistant. The family split.

The Schindler family wants to save their daughter. But did they have to pick this charletan who won't even speak to his own children to act as their spokesman?

[Crooks and Liars has the video and more on Terry. So does Media Matters.]

He also got tired of his old wife, so he divorced her in favor of a nice, fresh 22-year old. Family values indeed.

Anyway, it's not surprising they picked him given that over two million dollars in legal aid for the Schindlers has come from Operation Rescue and affiliated anti-abortion groups.

According to the February 12, 2000, Washington Post report, Terry was censured by his church, the Landmark Church of Binghamton, New York, for a "pattern of repeated and sinful relationships and conversations with both single and married women." Terry denies the accusation.

But of course, the Terri Schiavo supporters will use any port in a storm, hypocritical or not. They will justify this in some fashion, how, I can only surmise. The means justify the end, just like the communist philosophy.

[TexKat]

Thats not exactly what you posted.

[Soul Seeker]

Alan's probably in a bad mood that even Jesse has abandoned him.

I'm watching the replay mainly to see Rick Santorum's interview.

[Finalapproach29er]

OK

[windchime]

Santorum was in Tampa for a Town Hall meeting on Social Security Reform that has been postphoned. Right place...right time.

[CyberAnt]

Well .. I heard another report that Felos' statement was not accurate - she had not stopped urinating.