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Fed Appeals Court Grant Terri's Parents Petition for Rehearing
FNC

Posted on 03/29/2005 9:36:23 PM PST by WhistlingPastTheGraveyard

Edited on 03/29/2005 9:59:29 PM PST by Jim Robinson. [history]

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


TOPICS: Breaking News; News/Current Events; US: Florida
KEYWORDS: blessedterri; christhavemercy; hopebeyondallhope; lordhavemercy; myjesusmercy; parentsrights; prayforamerica; prayforterri; schindleristas; terri; terribots; terrischiavo; terrischindler; the13thday
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To: sageb1
I was one of the only ones who stuck up for you. Dumb move on my part.

Not such a dumb move, but we must wait for a little while.

581 posted on 03/29/2005 11:36:01 PM PST by Hunble
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To: flaglady47

OK, so now we're commie-like for supporting Terri?

It's amazing what passes as a conservative republican these days.

I'm glad I left the party when I did, 4 years ago.


582 posted on 03/29/2005 11:36:01 PM PST by Critter (America, home of the whipped.)
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To: Jaysun

Father, thank you for this blessing. They need to give her an IV drip first - never mind the feeding tube. They could give her TPN (Total Parental Nutrition) through an IV, and rehydrate her immediately...


583 posted on 03/29/2005 11:37:17 PM PST by dandelion
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To: flaglady47
It's such hypocracy to have Jesse Jackson represent the moral values crowd on behalf of Terri Schiavo.

And what would you be blathering if he were cheering on Terri's death? Would you take any note of his 'hypocracy' [sic]?

584 posted on 03/29/2005 11:37:53 PM PST by drlevy88
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To: All

Ah, I see what others were stating earlier about this interview. Santorum smacked Alan about tonight.


585 posted on 03/29/2005 11:38:28 PM PST by Soul Seeker
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To: flaglady47
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.

I can easily explain, in one word, our support for any one who's fighting for Terri's life.

Mercy.

586 posted on 03/29/2005 11:38:55 PM PST by concerned about politics (Vote Republican - Vote morally correct!)
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To: flaglady47
What the hell does that diatribe have to do with trying to
keep a disabled woman from being starved to death???
587 posted on 03/29/2005 11:38:55 PM PST by MamaLucci (Libs, want answers on 911? Ask Clinton why he met with Monica more than with his CIA director.)
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To: Diogenesis; Fred Nerks
We have asked everyone we know in Malaysia and Singapore to pray as well.

Yes Diogenesis, the entire world is watching!

Moral Sovereignty and America's Foreign Policy

588 posted on 03/29/2005 11:39:34 PM PST by expatguy (http://laotze.blogspot.com/)
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To: Coffeetime

Go to the TAN books website. They have a book on Eucharistic Miracles that you'll LOVE. :o)


589 posted on 03/29/2005 11:39:54 PM PST by Lauren BaRecall (Jeb Bush, 3/25/05: "Ooooooh, everybody just stop *expecting* anything from me. Ok?")
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To: MamaLucci

The ghuls are unhappy about dawn breaking up their party.


590 posted on 03/29/2005 11:40:18 PM PST by drlevy88
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To: dandelion
They could give her TPN (Total Parental Nutrition) through an IV, and rehydrate her immediately...

Hopefully her veins have not collapsed. Wouldn't that be a probability?

591 posted on 03/29/2005 11:40:25 PM PST by CitizenM (An excuse is worse and more terrible than a lie, for an excuse is a lie guarded. Pope John Paul II)
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To: dandelion
They could give her TPN (Total Parental Nutrition) through an IV, and rehydrate her immediately...

Hopefully her veins have not collapsed. Wouldn't that be a probability?

592 posted on 03/29/2005 11:40:41 PM PST by CitizenM (An excuse is worse and more terrible than a lie, for an excuse is a lie guarded. Pope John Paul II)
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To: CyberAnt
"Well .. I heard another report that Felos' statement was not accurate - she had not stopped urinating."

It seems from the internet videos that Terri's a bit overweight for her age, despite the controlled feeding tube intake. This would be greatly to her advantage, and it seems that it's buying her extra time. When people talk of dehydration deaths, they mostly refer to cancer patients that weigh 8o-90 pounds.

593 posted on 03/29/2005 11:41:05 PM PST by oprahstheantichrist (Terri's battle is NOT against flesh and blood....)
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To: Hunble
....but we must wait for a little while.

If that means what I think it does, you are one sick puppy.

594 posted on 03/29/2005 11:41:31 PM PST by MamaLucci (Libs, want answers on 911? Ask Clinton why he met with Monica more than with his CIA director.)
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To: AndyJackson

And .. why is that the "wrong side" ..??

I will not be happy about Hillary's involvement because I know she is not sincere and her phoney baloney trying to make nice and centrist and moderate is a joke.

I don't think Hillary should be allowed to use Terri as part of her plans.


595 posted on 03/29/2005 11:41:58 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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To: MamaLucci

sick puppy, the whelp of a hell hound.


596 posted on 03/29/2005 11:42:14 PM PST by drlevy88
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To: drlevy88

Where do they come from?


597 posted on 03/29/2005 11:43:28 PM PST by MamaLucci (Libs, want answers on 911? Ask Clinton why he met with Monica more than with his CIA director.)
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Comment #598 Removed by Moderator

To: windchime
Schiavo's parents win ray of hope; U.S. appeals court offers opening

BY MAYA BELL, WES SMITH AND SEAN MUSSENDEN

The Orlando Sentinel

PINELLAS PARK, Fla. - (KRT) - Terri Schiavo's parents got renewed hope early Wednesday that their daughter's feeding tube could be reinserted after an appeals court in Atlanta agreed to consider a petition for a new hearing.

The ruling by the 11th Circuit Court of Appeals was called a possible miracle by the handful of protesters still keeping vigil outside the hospice where Schiavo, 41, has been without food or water since March 18.

"I think this is an answer to our prayers, and it's a miraculous thing that she's still alive in time for this," said William Thomas, a Schiavo supporter from St. Petersburg.

It was unclear what impact the ruling might have. Attorneys for neither the Schindlers nor Michael Schiavo, Terri's husband, could not be reached for comment early Wednesday.

Earlier, Bob and Mary Schindler turned to the Rev. Jesse Jackson to help their cause.

Jackson arrived in a white stretch limousine to pray privately with the Schindlers in their retreat, a gift store, across the street from the Woodside Hospice.

Then he called a handful of black Florida senators in Tallahassee, imploring them to change their votes and revive a bill aimed at restoring the feeding tube that has kept Terri Schiavo alive since her collapse 15 years ago.

"This is one of the profound moral, ethical issues of our time_the saving of Terri's life," Jackson said, speaking to reporters after his closed-door prayer and phone session. "We ask today for some hard hearts to be softened up."

The bill, which would forbid the removal of a feeding tube from patients who did not specify their wishes in writing, failed by three votes last week. But Jackson said at least two opponents indicated a willingness to change their minds.

Mary Schindler added her weary voice to his pleas, begging state senators to act quickly.

"Please, please pass this new bill," she said, outside the hospice where her oldest child lay dying. "Terri is still fighting. She's still alive. She's trying with all her might. She does not want to die."

She also made a direct plea to her son-in-law and his girlfriend, with whom he has two toddlers.

"Michael and Jodi, you have your own children. Please, please give my child back to me," she said.

Bob Schindler, who had visited their daughter earlier, said that it was not too late to halt the death process.

"She's alert. We still have her. It's not too late to save her," he said.

Meanwhile, as he has since his wife's feeding tube was disconnected, Michael Schiavo remained out of view and at his wife's bedside, one of his attorneys said.

"He continues to believe it's not appropriate to air this in public during her last days," Hamden Baskin III said. "He believes she ought to be allowed a few days of dignity and peace. It's time for everybody but family to step out."

At most, Terri Schiavo is expected to live 14 days without her feeding tube, which was removed under a court order won by her husband.

After a seven-year legal battle against his in-laws, the courts agreed his wife is in a persistent vegetative state and would not want to be kept alive artificially.

She did not, however, put those wishes in writing, and her parents dispute them and her diagnosis. They insist she communicates with them and could recover some brain function with proper rehabilitation.

Hours after Jackson's departure, Randall Terry, an anti-abortion activist and spokesman for the Schindler family, said Jackson had created an "unbelievable new momentum" in Tallahassee.

His enthusiasm, however, was not shared by state Sen. Daniel Webster, R-Winter Garden, one of the Schindlers' most stalwart supporters in the Legislature.

"I have not heard of anyone who has switched," Webster said. "I don't put a lot of stock in what I call `secret admirers,' talk about people who might do something. This case has had a lot of secret admirers."

Senate Democratic Leader Les Miller of Tampa said he_and the Legislature_were finished with the Schiavo case.

"We voted. It's time for this Legislature to move on," said Miller, a member of the legislative black caucus.

U.S. Sen. Rick Santorum, R-Pa., who visited the hospice Tuesday night, said he has been making calls to see if there is anything that can still be done at the state and federal level.

Santorum, who is from the Schindlers' home state, has been a leading supporter of their efforts in Congress and is the first congressman to go to the hospice.

"My feeling is she is still alive. We need to keep trying," Santorum said. "This is about trying to do the right thing for a woman we believe has been wronged by the system."

Jackson's appearance was another odd twist in a case of unpredictable and astonishing turns. Just 10 days ago, Congress met in an extraordinary Palm Sunday session to pass an unprecedented special act giving the Schindlers the right to take their battle against their son-in-law to the federal courts, which eventually rebuffed Congress.

Now, the religious activists who helped thrust Terri Schiavo's plight into the national consciousness, prompting Congress to act, find themselves sharing a stage and an issue with a champion of liberal causes.

Terry, best known as the founder of the radical anti-abortion group Operation Rescue, said Tuesday, "I could not in my wildest dreams have pictured this."

As Jackson returned to his limousine, walking past protesters who have stood vigil outside the hospice for days, he was cheered and applauded. One man yelled, "Bush voters for Jesse Jackson! Bless you, sir! Bless you, sir!"

In other developments Tuesday, an appellate court upheld Pinellas Circuit Judge George W. Greer's ruling refusing to let the state Department of Children & Families intervene in the Schiavo case. The state agency had requested the intervention and an expedited hearing of its appeal, hoping to forestall the removal of Terri Schiavo's feeding tube.

But the gambit failed. The 2nd District Court of Appeal issued its opinion without comment_and just a day after the agency filed its written arguments in the appeal.

George Felos, another of Michael Schiavo's attorneys, expressed relief that the bitter dispute was finally coming to an end.

Schiavo is "in a peaceful condition. She is in a restful condition. She's under no distress," he told CNN. "She didn't want to be kept alive artificially. She wanted to die with dignity, and she's receiving her wish."

---

John Kennedy and Beth Kassab of the Tallahassee bureau contributed to this report.

599 posted on 03/29/2005 11:43:55 PM PST by TexKat (Just because you did not see it or read it, that does not mean it did or did not happen.)
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To: flaglady47

Is your point that the execution of Terri is justified by the sins of Terry Randall?


600 posted on 03/29/2005 11:43:56 PM PST by northernlightsII
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