FL. Loses Appeal in Terri Schiavo Case

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Gemtun

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ABOUT TIME!

Just hope that this wont drag on much further. Let Terri Schiavo rest in peace!

Fla. Loses Appeal in Terri Schiavo Case

By GINA HOLLAND
WASHINGTON (AP) - The Supreme Court refused Monday to reinstate a Florida law passed to keep a severely brain-damaged woman hooked to a feeding tube, clearing the way for it to be removed. How soon that would happen, however, was unclear.

The Florida Supreme Court had struck down the law last fall, and the justices were the last hope for state leaders who defended the law in a bitter long running dispute over the fate of Terri Schiavo.

Her husband, Michael Schiavo, contends she never wanted to be kept alive artificially. But her parents told justices in a filing that their son-in-law is trying to rush her death so he can inherit her estate and be free to marry another woman.

The Supreme Court did not comment in rejecting an appeal from Gov. Jeb Bush, who argued that the state had the authority to step in and pass the 2003 law that ordered Terri Schiavo's feeding tube reinserted six days after her husband had it removed.

The case goes back to state Judge George Greer, who already has ruled that the brain-damaged woman's husband could withdraw her feeding tube. Although several legal challenges are pending, the Supreme Court was considered the best hope to stop the removal of the tubes.

``It's judicial homicide. They want to murder her,'' her father, Robert Schindler, said Monday. ``I have no idea what the next step will be. We're going to fight for her as much as we can fight for her. She deserves a chance.''

The case was one of two right-to-die appeals pending at the high court. Justices are expected to decide in the next month whether to consider a Bush administration request to block the nation's only law allowing doctors to help terminally ill patients die more quickly. Oregon voters passed that law in 1998.

At issue Monday was ``Terri's Law,'' which the Florida Supreme Court ruled unanimously was an unconstitutional effort to override court rulings.

The 41-year-old Schiavo suffered brain damage in 1990 when her heart temporarily stopped beating because of an eating disorder. In 2001, her parents lost an emergency Supreme Court appeal seeking to keep her feeding tube in place, but more appeals followed.

Terri Schiavo has lived in nursing homes. She can breathe on her own but depends on a feeding tube to stay alive because she cannot swallow on her own. She left no written directive.

George Felos, the attorney for Michael Schiavo, was hesitant to predict if pending legal motions would mean Terri Schiavo is kept alive for weeks, months or longer.

``The only issue here is when the courts are going to summon up the resolve to say, 'No more. We're not going to put up with these frivolous motions and give stays and permit any other delays,''' he said.

Jay Sekulow, the American Center for Law and Justice chief counsel who represented the Schindlers at the Supreme Court, said: ``While there are still legal options available in Florida, the Supreme Court's refusal to take the case makes it more difficult for those legal options to prevail.''

Issues in dispute are whether she is in a persistent vegetative state with no chance of recovery, and if she had said before her illness that she did not want to be kept alive by machines.

Washington attorney Robert Destro, representing Florida, told justices to consider ``the most vulnerable of our citizens who cannot speak for themselves.''

Michael Schiavo did not file any arguments with the court, but his attorney had accused Florida leaders of engaging in delaying tactics to prevent Terri Schiavo from carrying out her right to die.

The case is Jeb Bush v. Michael Schiavo, 04-757.
 
Hooray. About time... Terri Schiavo surely does not deserve this kind of life she is in (by that, I mean not while suffering and all). Thanks for this wonderful news, meg!
 
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I agree with the both of you. I just hope this is finally the end. It's been dragging on for years, and this woman deserves peace.

Lets hope these endless court battles are finally over.
 
about frigging time!! this is so ABSURD!! she needs to rest in peace and her husband needs a life-- poor guy! screw the parents for using their daughter as a shrine for heavens sake! time to face the music and let her go... she is brain dead as it is ...
 
that is so sad.

If that was your sister....
And you want her to live...
but if your brother in law wants to unplug....
just so he can get some insurance and money and to marry the other woman.
Then you wouldn't want that monster to kill her like that.

How can you starve your own sister, watch her
slowly die like that?

What if the stem cell or whatever can cure her?

Well this make me not want to get marry.
Because I don't want a husband I know only for a few years...
to decide....
I would want my mom and family I know all of my life
to decide....
 
Here is the other side of the story:

The Hearing to Save Terri Schiavo's Life

By Rus Cooper-Dowda

In 1990, Terri Schiavo's heart suddenly stopped. Before she could be revived, her brain was damaged and she slipped into a comalike state.

In early October, the latest hearing began to determine the 38-year-old woman's fate. Her parents and their doctors say Terri is responsive and deserves to live. Her husband, who has just had a daughter by the woman to which he is now engaged, wants Terri to die.

...A 1991 bone scan recently discovered by Pat Anderson, attorney for Schiavo's parents, shows old fractures to Terri's ribs, back, knees and ankles. Her family believes the newly uncovered scan supports allegations that her disabilities are due to domestic violence. At an emergency Nov. 15 hearing, they asked the court once again that Michael Schiavo be removed as guardian.

They want the suspected violence and subsequent lack of treatment for her breaks to be investigated before Judge Greer rules on whether her feeding tube is removed.

Michael Schiavo's attorney, George Felos, attributed the bone breakage to Terri's paralysis but backed off of that explanation when the judge pressed him into admitting that she is not actually paralyzed. Felos has also said her breaks are the result of anti-seizure medication and physical therapy.

On Nov. 22, Judge Greer ruled that that Terri's feeding tube be removed.

Terri received a $700,000 malpractice award in the early 1990s (doctors hadn't done enough to diagnose the potassium deficiency that led to her heart attack); husband Michael has been paying his legal fees out of it in his fight to end her life. If she dies, as her husband (he has never filed for divorce) he will receive whatever funds are left.

Michael Schiavo says Terri is brain dead. He wants to remove her feeding tube and end her life. Her parents maintain that their daughter smiles, turns her head, vocalizes and tracks with her eyes. They say she would improve with treatment.

To date, the husband has refused to OK antibiotics or dental work -- "Her teeth are fine; she doesn't eat," he has said. She has not had physical, occupational, recreational or speech therapy for years. She has not had a mammogram or pap smear for four years. When a complete physical was ordered for her in preparation for the current hearing, a urinary tract infection was discovered.

The major issue involved in this round of the fight for her life is what is meant by "new" treatment. The hubby says it means untried, pointless care. The parents say they want the kind of care she hasn't gotten yet.

The husband's doctors maintain that she does not feel pain, yet have prescribed pain medication for her ‹ to make the nurses feel better, they say.. Terri's moaning and crying is only primitive brain stem activity, it's said.

When she smiles at her mother coming in the room, it's just primitive stem cell activity, say the doctors hired by Michael.

I attended the hearing in Clearwater, Florida to determine whether Terri Schiavo should have her feeding tube removed. She is stable. She is not terminally ill.

The hardest part of that first day was watching videos of Terri. "That could have been me," I thought.

On one of the videos, a doctor asks Terri to open her eyes as widely as she can. While she was doing this on tape, I looked around the courtroom. Everybody in the courtroom was doing the same widening action . . . including the husband, his attorney, the sheriffs and the judge himself.

In the videotape of Terri, she is responding to doctors and family. Sometimes she is responding to music. Frequently she can be seen clearly responding to spoken requests to move parts of her body.

A snip of the tape was shown on Tampa's ABC-TV affiliate: At its end, the news anchor said, "I guess it seems a matter of semantics, but it doesn't look like a coma."

Throughout the hearing, Michael Schiavo's attorney, George Felos, has been trying to doctors to agree that Terri is not "with it" enough to be allowed to continue her life. One of the doctors seemed to consider message boards a rare thing, and claimed to have never heard of the most famous computerized message board user of all -- Stephen Hawking. While examining Terri's videotaped interaction with her mother, he had to be asked twice to please look at his monitor, and to put his glasses back on so he could see his screen clearly.

And Ronald Cranford, a Minnesota neurologist known for his involvement in so-called "right-to-die" cases, seemed content to testify about the tapes without having viewed them.

George Felos, attorney for Michael Shiavo, published his 320-page book Litigation As Spiritual Practice last fall. It includes chapters on "Bargaining for the Contingency Fee," "Crusading for the >Right-to-Die" and "Successful Cryonics."

Watching his own videotaped exam of Terri, I heard him first declare the woman could not hear him, and then giving her a series of very fast verbal commands. I've had neurological exams myself, but have never experienced one as physically brutal as the one I watched Terri received on Cranford's videotape. He clumsily poked, prodded, thumped, shoved and pinched her -- she DID seem to pull away when he approached her, he testified. He thunked her hard between the eyebrows. She moaned. That was not a pain response, Cranford told the court.

On viewing a large photo of Terri and her mother joyously greeting, Cranford maintained Terri could not be recognizing her mother. It was only an "involuntary subcortical response," he said. The photo "cheap sensationalism," he insisted.

Should the court base its decision as to whether Terri lives or dies on a nose count, asked Ms. Pat Anderson, attorney for Terri's parents, in her closing argument. No; credibility of the medical experts who'd testified was the key, she said.

Yet none of those saying Terri should die had any patients like Terri, she told the court, nor did they -- by their own testimony -- keep up on advances in rehabilitation. Anderson reminded the court that Terri's current attending physician has for years spent only spent ten minutes with her every four months.

What about the "untried" therapies for Terri? Much of the therapy Terri's parents want for her, Anderson said, has been standard therapy for a good while -- but somehow never for Terri.

The experts speaking against Terri, she said, practiced an "intellectual disconnection" that filtered Terri's humanity through the sieve of what people with such disabilities are not expected to be able to do. "Is it fair or equitable to keep saying that we are not going to help you because 'you have brain damage'?" she asked the court.

"Terri has shown us her spirit and tried as hard as she can under the circumstances to say, 'I'M STILL HERE!'

After the hearing, I reflected. Those videotapes of Terri interacting with her environment had been both good and sad to see. Physicians who current treat people with disabilities like Terri -- and everyone else in the courtroom -- can clearly see her voluntary responses -- to balloons, pain and humor. If you are fortunate enough to have a loving relationship with your mother, then it is very easy to see the love that passes between mother and adult child when Terri's mother enters the room.

The other side says that what we are seeing is merely an uncontrolled brain stem reflex -- that just coincidentally happens every time she sees her mother.

Terri has never been given standard speech and communication therapy to enable her to tell us what she thinks. Because of that, she has lost the speech she is said to have had even after her injury. Now that same lack of therapy is being used against her.

On Nov. 22, Judge Greer ruled that that Terri's feeding tube be removed.

Rus Cooper-Dowda is a minister and freelance writer in St. Petersburg, Fla.
http://www.raggededgemagazine.com/1102/1102ft1.html
 
I am glad it is solved....terri need rest in peace. I can not imagne myself going thru this. I told hubby to use his wise decision and not let me suffer, he said the same thing to him. ughh parents makes me sick sometimes.
 
Wait a minute.... as Reba said, there are other sides to Terri Schiavo's case. I, for one thing, don't think Terri should be allowed to die because she is not what everyone else kept saying: that she is in coma or is in persistant vegetable state. She is NEITHER! Here are a few links and see the reason why her parents fight so hard to keep her alive:

Surprised lawyer finds Terri Schiavo alert

Lawyers Report Terri Schiavo Is Responsive

A Visit With Terri Schiavo, in lawyer's own words

See? Terri's condition is NOT as bad as her husband and his lawyers tried to make it sound like. Why should her husband wants so badly to let her die? It sounds VERY fishy to me....and to add, he is living with a woman for years now and had sired two children with her even though he REFUSED to divorce from Terri and marry her. It sounds like he is really waiting for Terri to die so he can get all her estate. :/

I think a very simple (and the best) thing to do for him is to divorce Terri and let her parents take her home to care for her. It would be more noble that way instead of waiting selfishly, refusing medical assistance and even therapy for Terri or anything that could of a great benefit to her just so she can "die in peace". (Yeah, right. :roll:) I just wish Michael Schiavo should give up and leave Terri in care of her own family! Believe it, letting Terri starve to die is a horrible, horrible way to go. :(


Also, you should visit this website: http://www.terrisfight.org/ This includes the video clips of Terri responding to her mother and other family relatives.


.
 
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Yeah

Michael S. is another Scott Peterson.
I hope he goes to HELL!!!!!
 
Erm folks...

Those websites are one-sided. The parents of this poor woman refuse to accept what a lot of medical doctors have told them. That she is in a persistent vegetative state. They won't accept reality. Please keep that in mind if you choose to look at the websites posted.

At any rate, I saw a peice on Fox News last night with Greta Van Susteren, and if they lose the "Papal" appeal, then Terri's tube can possibly be removed as soon as 2-3 wks from now.

I sincerely hope that this happens. I really do. This woman has suffered enough. Let her go in peace.
 
I understand, Oceanbreeze...but have you read the part by Attorney Barbara Weller, written in her own words, that she thought (like most people) that Terri's parents just won't accept the fact that their daughter is in a vegetable state...until she visited Terri for the first time and saw for herself what Terri really is, much to her surprise. It really impressed me a great deal. I was thinking if only we could all see Terri for ourselves, we'd see what she is really like. Then it would make a big difference whethere Michael Schiavo is indeed telling the truth or not.
 
I think

the parents and the court should grant Terri a divorce from Michael.

And let the parents have custody of Terri...
cause Michael was a wife beater.
 
Divorce Now!!!!

TAMPA, Fla. (Jan. 25) - With their legal options dwindling, the parents of brain-damaged Terri Schiavo renewed a plea to their son-in-law and legal adversary: divorce our daughter and give up the fight.

Hours after the U.S. Supreme Court said Monday it would not intervene in the dispute, attorneys for Schiavo's parents, Bob and Mary Schindler, asked Michael Schiavo to dissolve his marriage and leave them in control of her destiny.

"If there is any way for Michael to walk away... just please, please, please let them keep their daughter and just walk away," said David Gibbs, the Schindlers' attorney.

Michael Schiavo intends to withdraw the tubes that feed and hydrate his 41-year-old wife as soon as legally possible, maybe as early as next month. Terri Schiavo's parents have vowed to keep her alive.

The Schindlers have three legal avenues still open to them: an appeal to a state appeals court in a request for a new trial based on recent comments by Pope John Paul II; a request that Michael Schiavo be removed as his wife's guardian; and a motion to set aside the original decision that Terri Schiavo did not want to be kept alive artificially.

That motion will go before Pinellas Circuit Court Judge George Greer on Friday. Greer has twice granted Michael Schiavo permission to withdraw his wife's feeding tube.

The latest legal blow to Terri Schiavo's parents came Monday when the U.S. Supreme Court refused to intervene in the case at the center of one of the nation's most bitter right-to-die disputes.

Without comment, the high court declined to hear an appeal brought by Gov. Jeb Bush's attorneys arguing the governor did not overstep his authority when he ordered Terri Schiavo's feeding tube reattached six days after it had been removed under court order.

"I'm disappointed, but not surprised," Bush said in Tallahassee.

The Florida Supreme Court had earlier ruled Bush's action were an unconstitutional violation of the separation of powers between the executive and judicial branches.

"I really don't know what options we have available, but I will take whatever options I think there are," Bush said. "I'm not sure what the legal options are, though."

Michael Schiavo's attorney, George Felos, said his client was pleased with the high court's decision but is still concerned that the Schindlers will delay their daughter's death with more "frivolous appeals."

"We are just hoping that the court sees through this abuse of the legal system and says no," Felos said. "This case is not going to end until the courts summon up the courage and resolve to say we are not going to permit this abuse anymore."

Terri Schiavo suffered severe brain damage 15 years ago when she collapsed in her home when a chemical imbalance, brought on by an eating disorder, caused her heart to stop beating.

Michael Schiavo, who is engaged to another woman with whom he has two children, initially attempted experimental procedures in hopes of rehabilitating his wife, but later had a falling out with her family.

Terri Schiavo can breathe on her own but depends on a feeding tube to stay alive because she cannot swallow. She left no written directive. Her parents contend their son-in-law is trying to rush her death so he can inherit her estate and be free to marry again.

Ken Connor, who represented Bush in the legal challenge to Terri's Law, said he was disappointed in the court's refusal to hear the case involving "the protection of an innocent life."

Connor said the best legal hope for keeping Terri Schiavo alive now rests with the pending filings brought by her parents. And he said other branches of government need to consider if added protections for the disabled need to be in place.

The American Civil Liberties Union, which had joined with Michael Schiavo in challenging the governor's action, said Monday's court sends an important message to the governor and legislature not to attempt to thwart judicial decisions because of public pressure.

"I think this terrible, tragic case has been used for larger political purposes," said Howard Simon, the ACLU's executive director in Florida. "That is the shameful history of this case."


01/25/05 05:24 EST
 
ravensteve1961 said:
The Florida Supreme Court is very liberal. Tipical liberalism.

This isn't about liberalism. It's about two parents who can't accept what doctors have told, and and who refuse to simply let go.

Period.
 
TTT said:
TAMPA, Fla. (Jan. 25) - With their legal options dwindling, the parents of brain-damaged Terri Schiavo renewed a plea to their son-in-law and legal adversary: divorce our daughter and give up the fight.

Hours after the U.S. Supreme Court said Monday it would not intervene in the dispute, attorneys for Schiavo's parents, Bob and Mary Schindler, asked Michael Schiavo to dissolve his marriage and leave them in control of her destiny.

"If there is any way for Michael to walk away... just please, please, please let them keep their daughter and just walk away," said David Gibbs, the Schindlers' attorney.

Michael Schiavo intends to withdraw the tubes that feed and hydrate his 41-year-old wife as soon as legally possible, maybe as early as next month. Terri Schiavo's parents have vowed to keep her alive.

The Schindlers have three legal avenues still open to them: an appeal to a state appeals court in a request for a new trial based on recent comments by Pope John Paul II; a request that Michael Schiavo be removed as his wife's guardian; and a motion to set aside the original decision that Terri Schiavo did not want to be kept alive artificially.

That motion will go before Pinellas Circuit Court Judge George Greer on Friday. Greer has twice granted Michael Schiavo permission to withdraw his wife's feeding tube.

The latest legal blow to Terri Schiavo's parents came Monday when the U.S. Supreme Court refused to intervene in the case at the center of one of the nation's most bitter right-to-die disputes.

Without comment, the high court declined to hear an appeal brought by Gov. Jeb Bush's attorneys arguing the governor did not overstep his authority when he ordered Terri Schiavo's feeding tube reattached six days after it had been removed under court order.

"I'm disappointed, but not surprised," Bush said in Tallahassee.

The Florida Supreme Court had earlier ruled Bush's action were an unconstitutional violation of the separation of powers between the executive and judicial branches.

"I really don't know what options we have available, but I will take whatever options I think there are," Bush said. "I'm not sure what the legal options are, though."

Michael Schiavo's attorney, George Felos, said his client was pleased with the high court's decision but is still concerned that the Schindlers will delay their daughter's death with more "frivolous appeals."

"We are just hoping that the court sees through this abuse of the legal system and says no," Felos said. "This case is not going to end until the courts summon up the courage and resolve to say we are not going to permit this abuse anymore."

Terri Schiavo suffered severe brain damage 15 years ago when she collapsed in her home when a chemical imbalance, brought on by an eating disorder, caused her heart to stop beating.

Michael Schiavo, who is engaged to another woman with whom he has two children, initially attempted experimental procedures in hopes of rehabilitating his wife, but later had a falling out with her family.

Terri Schiavo can breathe on her own but depends on a feeding tube to stay alive because she cannot swallow. She left no written directive. Her parents contend their son-in-law is trying to rush her death so he can inherit her estate and be free to marry again.

Ken Connor, who represented Bush in the legal challenge to Terri's Law, said he was disappointed in the court's refusal to hear the case involving "the protection of an innocent life."

Connor said the best legal hope for keeping Terri Schiavo alive now rests with the pending filings brought by her parents. And he said other branches of government need to consider if added protections for the disabled need to be in place.

The American Civil Liberties Union, which had joined with Michael Schiavo in challenging the governor's action, said Monday's court sends an important message to the governor and legislature not to attempt to thwart judicial decisions because of public pressure.

"I think this terrible, tragic case has been used for larger political purposes," said Howard Simon, the ACLU's executive director in Florida. "That is the shameful history of this case."


01/25/05 05:24 EST

Sounds to me like they grasping a straws now trying to find something that will allow them to keep their illusion alive that their daughter will recover. Fact is, she won't.
 
TTT said:
the parents and the court should grant Terri a divorce from Michael.

And let the parents have custody of Terri...
cause Michael was a wife beater.

How do you know he beat her, TTT? Just because there are bone scans suggesting there were broken bones? Well, guess what...Laying in a bed for 13 years also brings about osteoporosis, which, also causes bone fractures. With osteoporosis, just rolling over in bed, can cause a fracture.

She also suffered from an eating disorder that also predisposes someone to osteoporosis, don't be so quick to say she was abused. Because, you really don't know!
 
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Toonces said:
I understand, Oceanbreeze...but have you read the part by Attorney Barbara Weller, written in her own words, that she thought (like most people) that Terri's parents just won't accept the fact that their daughter is in a vegetable state...until she visited Terri for the first time and saw for herself what Terri really is, much to her surprise. It really impressed me a great deal. I was thinking if only we could all see Terri for ourselves, we'd see what she is really like. Then it would make a big difference whethere Michael Schiavo is indeed telling the truth or not.

No, it didn't. Everone wants a peice of Terri now. Everyone. The right to lifers. The right to die people, too, for that matter. Terri is no longer a person, but a cause. She is a pawn in a very twisted scenerio now.

The parents are deluded into thinking she can recover, so they are fighting to keep her alive. The laywers want to keep this going, so they can gain attention for their cause.

This is really what sickens me about this case. Just about everyone connected to this case is selfish. And, it's sad.
 
but

She can breathe on her own.

She just can't feed herself...

Just like Christopher Reeves... he can't feed himself...
and but he can talk... he needed the machine
to help him breathe.

My cousin had a stroke... but she can't talk... she breathe on her own, need wheelchair, and nurse comes by to assist. My cousin's mom took care of her.

Why kill someone just because they can't feed themselves?
Why she can't have therapy?
You guys don't have to live with her.... and her husband
doesn't have to be with her.... he can go away.

So let Terri live and get therapy and have tube feeding her.
That is all, if the family members are willing to take her home
and take care of her... then let her.

:cry:
 
TTT said:
She can breathe on her own.

She just can't feed herself...

Just like Christopher Reeves... he can't feed himself...
and but he can talk... he needed the machine
to help him breathe.

My cousin had a stroke... but she can't talk... she breathe on her own, need wheelchair, and nurse comes by to assist. My cousin's mom took care of her.

Why kill someone just because they can't feed themselves?
Why she can't have therapy?
You guys don't have to live with her.... and her husband
doesn't have to be with her.... he can go away.

So let Terri live and get therapy and have tube feeding her.
That is all, if the family members are willing to take her home
and take care of her... then let her.

:cry:

You're missing the point. She was declared vegetative. Basically, the only part of her brain that's works is the part that controls her automatic functions. Her breathing, and other bodily functions. That's it. The part of her brain that made Terri, "Terri", is gone. The problem is this...Her parents can't accept that, so they went out and found crack pot doctors who would agree with them, and that's what they base their "proof" on. Also, yes, she appears to be cognitive on some of those tapes, but I that can be reflexive actions. Terri can't do that "on command". Those tapes ran for hours and hours until they finally got movement or whatever, and then, called it "purposeful". Any tape can be doctored as well, so I'm not convinced that she isn't PVS based on anything her parents or lawyers have to say.
 
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