Husband in Right to Die Case Moves to Block Parents in New Trial

Tampa Bay Online ^ | Nov 3, 2003 | A P

[sweetliberty]

CLEARWATER, Fla. (AP) - Attorneys for the husband seeking to carry out what he says is his wife's end-of-life wishes said in court papers Monday her parents shouldn't be allowed to enter the constitutional fight over the new law which is prolonging her life. Attorneys for Michael Schiavo, whose wife Terri is at the center of the massive legal battle over whether she lives or dies, responded to legal filings seeking a judge's permission to allow Bob and Mary Schindler to become parties in the challenge of the new law.

The law allowed Gov. Jeb Bush last month to order Terri Schiavo's feeding tube - which has kept her alive for more than a decade - be reinserted six days after her husband ordered it removed.

Michael Schiavo's attorneys said that while the Schindlers arguably had a stake in the legal battle on whether their daughter's wishes should be carried out, the legal challenge of what's been dubbed "Terri's Law" is between her husband and the governor's attorneys.

"The rights at stake in this litigation are uniquely those of Mrs. Schiavo and it is those rights that are directly affected by the challenged legislation and Governor's actions," said the legal response filed in Florida circuit Court. "The Schindlers' interest in continuing to pursue their belief that the prior litigation was wrongly decided simply does not meet the requisite legal standard for intervention."

Doctors and a judge have ruled that Terri Schiavo is in a persistent vegetative state with no hope for recovery. She suffered severe brain damage in 1990 when her heart stopped beating - cutting off oxygen to her brain - because of a chemical imbalance.

The conservative law firm founded by religious broadcaster Pat Robertson asked last week to be allowed to intervene in the case on behalf of Schindlers. Circuit Court Judge W. Douglas Baird would have to grant permission for the Schindlers to enter the lawsuit.

The couple have said their daughter had no end-of-life wishes and believe she could be rehabilitated. They also dispute that she is in a vegetative state and believe she has enough mental abilities to respond to them.

The American Center for Law & Justice said in its filing that it believes lawmakers and the governor were within their authority to intervene in the case. Her parents are seeking to be appointed their daughter's guardians and to exclude them from the case would "violate their constitutional rights to be heart," the law firm said in its filing.

[longtermmemmory]

yes, he has a duty to act.

[longtermmemmory]

no

[seekthetruth]

"Actually, I don't think its about the money any more."

I definitely don't think its about the money, and hasn't been for some time. If you recall, Terri started to begin to talk when she first had some rehab. MS then cut off all her rehab! I think he just wants to make sure she does not get to talk.....ever! WHY?

[FITZ]

The legal challenge is between the husband and the state.

A husband --- especially an adulterous one, should not have the authority to create a living will for his spouse (and vice versa). Terri had no living will ---- there are no grounds to starve her to death.

[livius]

One thing you have to realize is that this "hospice" was a very important, socially prominent charity for anybody who was anybody in that part of Florida. Granted, these folks may be nobody outside of Pinellas Park, but among folks who consider themselves modern, progressive, "non-Cracker" Floridians, Felos' "hospice" was the place to see and be seen.

Gimme a good ol' Cracker any day.

I live in North Florida, but unfortunately in the only non-Cracker county in this part of the state - Alachua County, the home of the University of Florida. So I have to tolerate the ravings of the Gainesville Sun, a NYTimes paper, urging that Terri Schiavo be exterminated right now, on the double. Le toute Pinellas Park would agree.

[Deep_6]

Terri's lost her Cerebral Cortex and the cavity filled with spinal fluid.

The cerebral cortex can not be replaced or replenished; it can not
grow back; it can not be transplanted.

Without a cerebral cortex, an individual ceases to be an individual.

There is a total loss of coherency; the individual is rendered to a 
vegetated state. There is no chance for any recovery from that state.

Terri is truly in a vegetated state and has been for 13 years.

Terri had been placed on a feeding apparatus due to her inability
to swallow voluntarily. She can not live without that feeding device;
that feeding device in the State of Florida is considered a life support
system, since the individual can not survive without it's usage.

Since Terri can not and never will regain any consciousness to
allow her to ever converse, or have any voluntary movement,
she is considered in a vegetative state.

Terri has been in this vegetative state for 13 years. Removing 
her from a life support system is a decision a guardian must decide.

No-one remains on a mechanical life support system indefinitely;
if there is no chance for recovery, no chance for any coherency,
and no chance to ever have the ability to engage a voluntary
movement, then forcing a soul to be contained in a lifeless
shell of a body is more inhuman; more sacrilegious, that to
allow it to pass.

Terri's dead; let her soul rest in peace.

 

[Dog Gone]

Does this exclude the Fla AG from calling the Schindler family as witnesses?

No, but I don't know if any witnesses will be called by either side. This will be a trial and arguments primarily, if not exclusively, about the law. I don't think there will be any need to establish facts from witness testimony.

[sweetliberty]

It is the constitutionality of Terri's Law that the ACLJ is seeking to argue I believe. But I guess the judicial tyrants in Florida really couldn't care less about right and wrong, nor the Constituonal right to life that is supposed to be inalienable and should truump any other consideration. They are choosing to completely overlook the balance of powers to demand the separation of powers. They have forgotten, or are ignoring, that any power they have is derived from the people, but when the people exercise that power, they throw a hissy fit like we should just butt out and let them dictate how things are going to be. They don't give a d**n about the people....they only care about seizing any remaining power the people may have.

[sweetliberty]

"(probably what the ACLU is doing)

Yeah, and I'd be willing to bet that not a peep is heard to challenge those communist busybodies injecting themselves into the situation.

[Dog Gone]

Should not Terri also be a party, represented by a guardian ad litem who supports this law (as Wolfson, per public comments, does not)?

Possibly, and the judge might be more open to that. But it's still not necessary.

Essentially, the state is on trial here, accused of passing an unconstitutional law. The Attorney General is the best and most proper party to defend the state.

This trial won't be about Terri. It will be about the new law.

[FITZ]

How is it Constitutional to let someone make the decision that another person be starved to death? There is no written or other evidence that Terri desired this kind of end --- no living will, no written statements. Just a supposed memory this Michael claims to have that she made some kind of remark to that effect.

[TaxRelief]

I tend to think that it will be tough for the ACLJ to get a foot in the door, but I, too, am not worried about that.

At this point, Jeb Bush will undoubtedly be assembling the best team possible to defend the constitutionality of "Terri's Bill". There is too much at stake not to.

[sweetliberty]

Thank you Doctor Death. Or is it doctor God? Or is it Michael? Either stop believing everything you hear on CNN and learn some of the facts of the case or at least show a little respect for those who have.

[pollywog]

This trial won't be about Terri. It will be about the new law.

Well I sure am no attorney, not even close, But in my simple brain I say this bill IS ABOUT TERRI. It is in fact "TERRI'S LAW"......

[TaxRelief]

Oh, no. There is lots and lots of money. Remember, Florida is a community property state. That means half of everything Michael owns is Terri's. (And he owns a lot, even if he has moved some of it into his girlfriend's name and into "other less traceable investments.")

[Libloather]

It maybe the perfect time for a right to life case. Bumpin...

[pc93]

http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm

Please spread it.

[Dog Gone]

I understand that, FITZ, but the law in this regard is pretty well settled in most states, including Florida. A great deal of deference is granted to the spouse of someone who is incapable expressing their own desires in this regard based, I guess, on the presumption that the spouse is in the best position to know.

Michael's actions call that into question, but it really doesn't defeat that presumption as a general rule.

[joesnuffy]

How can a man be the husband of one woman who instead of being dedicated to comfort he is dedicated to kill...

He is currently living with a woman who is pregnant with his child and who has another child of whom he is also the father...

Now common law would indicate that he is married to the woman with whom he is currently living and has two children with..and not Terry Schiavo ..

He has no interest other than killing her ...and collecting the balanace of monies awarded to Terri specifically for her medical treatment....treatment he has gone to court to deny her...

Mike is afraid that by keeping Terri alive the money will be used up in her care....even though that is precisely what the money is for...and why the courts awarded HER the money..

Mike feels he should have the money to spend on himself and his new common law wife..

Since a man cannot legally be married to two women at the same time..

It seems prudent of a judge to divorce him from Terri and award her parents guardianship..