Posted on 03/26/2005 8:34:26 AM PST by Houmatt
PINELLAS PARK, Fla. (AP) -- Terri Schiavo's parents will not ask a federal appeals court to reconsider its decision that left their brain-damaged daughter without her feeding tube, leaving one of their last hopes with a state judge who has ruled against them before, one of their lawyers said Saturday.
A three-judge panel of the 11th Circuit Court of Appeals in Atlanta refused Friday to order the reconnection of the tube, which was removed March 18.
The parents, Bob and Mary Schindler, had planned to ask the full appeals court to review that ruling, but later decided against it, attorney Barbara Weller said. She did not explain the decision.
The parents made another desperate plea to Pinellas Circuit Judge George Greer on Friday to keep their daughter alive, saying she tried to say "I want to live" just minutes before her feeding tube was removed. Greer was expected to announce a decision by noon Saturday.
In their motion, the Schindlers claim their daughter said "AHHHHH" and "WAAAAAAA" when asked to repeat the phrase "I want to live."
The appeal is seen as a long shot because Greer was the judge who ordered Schiavo's feeding tube removed. Doctors have said Schiavo's previous utterances were involuntary moans consistent with someone in a vegetative state.
Attorneys for Michael Schiavo, Terri's husband, argued the Schindlers had abandoned all pretense of the law and were simply making "a pure emotional appeal." Michael Schiavo says his wife would not want to be kept alive artificially.
State and federal courts have repeatedly ruled against the Schindlers, who grew increasingly anguished as their daughter entered her second week without the tube that sustained her for 15 years.
Doctors have said the 41-year-old woman would probably die within a week or two of the tube being removed. By Friday, dehydration was taking its toll. Terri Schiavo's tongue and eyes were bleeding and her skin was flaking off, Weller said.
"Terri is weakening. She's down to her last hours. Something has to be done and has to be done quick," said Bob Schindler, who visited his daughter Friday morning. After a later visit, he added: "I told her that we're still fighting for her, and she shouldn't give up because we're not. But I think the people who are anxious to see her die are getting their wish."
Schindler attorney David Gibbs III urged Greer to act quickly on the motion filed Friday because he expected "Terri to step into eternity this Easter weekend." George Felos, an attorney for Michael Schiavo, said the belief Terri Schiavo can speak was "crossing the line" into an abuse of the legal system.
The ruling Friday by a three-judge panel of the 11th Circuit Court was the third time in four days the court had denied an emergency request made by Schiavo's parents. In its decision, the panel said it had already ruled on most of the issues in the latest appeal and other issues raised did not apply to the case.
Bob Schindler also pleaded with Gov. Jeb Bush to intervene by taking temporary custody of their daughter while court challenges are argued.
"With the stroke of his pen, he could stop this," Bob Schindler said. "He's put Terri through a week of hell and my family though a week of hell. I implore him to put a stop to this. He has to stop it. This is judicial homicide."
Bush, who has been a staunch supporter of the Schindlers, said Thursday he is not willing to go beyond the boundaries of his powers and that he was hoping the courts would provide relief.
"We are continuing to do whatever we can, and we are pursuing all the options available to us in this case," Bush spokesman Jacob DiPietre said.
Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. She left no living will.
She went without food and water in 2003 when the feeding tube was removed for six days and five hours. It was reinserted when Bush and the Legislature pushed through a law that was later thrown out by the state Supreme Court.
Outside the hospice, eight more people - including a 10-year old boy and 13-year-old twin girls - were arrested Friday for trying to bring her water.
"I don't want her to die," Joshua Heldreth, 10, from North Carolina, said before his arrest. "I'm not afraid because God is with me."
A handful of protesters remained outside Terri Schiavo's hospice overnight.
"I'm so discouraged, I feel so helpless," said Christine Ambrusko, a student from Atlanta. "I don't know how in our civilized country we can allow a person to be starved to death with so many questions unanswered."
Also Friday, the FBI said a man was arrested in Fairview, N.C., allegedly for offering a $250,000 bounty for Michael Schiavo's death and $50,000 for that of a judge in the case. The FBI did not identify the judge.
Richard Alan Meywes allegedly sent the threatening e-mail Tuesday to two Tampa-area news organizations and the host of a national conservative talk show, the FBI said.
Meywes was taken into custody at his home and charged with murder for hire and with the transmission of interstate threatening communications, the FBI said. If convicted, Meywes could face up to 15 years in prison and fines up to $500,000.
Very true, Terri Schiavo news is the biggest story right now. It would definitely pre-empt Money Mail on FoxNews.
Someone is toying with us.
You noticed that too....
Fox radio?
Depends how much money you have. :)
Seriously, if you want to hear the ruling and Greer abides by his own deadline, it should happen any second, but I think we already know what it will be.
You might want to hang on in case there's another rumble about Osama being captured...
"I can only report what I heard. I have no explanation for why it's not being shouted from the roof tops."
Brian Wilson on Fox News----NUTHIN! THIS STORY IS BS!
I know I cant afford that
That's not what's being reported now. The reporter is saying that they're still awaiting word from the judge.
Exactly. Example - they've been saying the judge's ruling could come "at any moment" since early this morning, meanwhile Greer had already said he would announce ruling at noon.
They also had the wrong graphic up for a while this morning while they were saying this, something like "awaiting federal court's ruling in Schiavo case." They finally corrected it to refer to Greer.
If this is BS...then Fox News got it wrong. I know what I heard. I did get the reporter's name wrong...their voices are similar, but it's Phil somebody.
That's hyperbolic bunk. America is hardly "the level of the Nazis."
My description of the vector stands.
I know and it's frustrating. I don't understand why that one short report and then nothing more. Keep watching and praying.
Since you state it so categorically, I have a serious question. I'd appreciate a serious answer.
What is the difference between America today and Germany in WWII days, as citizens watched Jews being rounded up and sent to concentration camps to be legally tortured and killed?
Thanks in advance for a serious answer.
JUDGE GREER SAYS NO---THIS ACCORDING TO CNN! Parents will appeal within Florida.
Now Fox is reporting the judge has rejected the family's request.
Good question. Can't wait to see a reply.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.