Posted on 04/29/2004 9:27:54 PM PDT by nickcarraway
The continuing ordeal of Terri Schiavo goes on in Florida's courts, between her husband, Michael, and her parents, and between Michael and Gov. Jeb Bush and the Florida Legislature, which passed Terri's Law to prevent her from being starved to death.
For more than a month, Mrs. Schiavo has been forcibly isolated from her parents, her siblings and her priest. For almost 1,500 days she has been confined to a small room at Hospice of the Florida Suncoast.
On her husband's orders she is denied any range-of-motion therapy or any kind of therapies that many doctors say could make her better. She is not terminally ill, yet Schiavo is trying hard to end her life by depriving her of food and water.
In the latest legal maneuver, Mrs. Schiavo's attorney Patricia Anderson filed a petition Monday asking the courts for relief by directing Schiavo to "demonstrate his authority to act on behalf of the Ward or in derogation of her rights retained under Florida law."
This followed a letter from one of his lawyers, Deborah Bushnell, faxed to attorney Barbara Weller, who represents Mrs. Schiavo's parents, Bob and Mary Schindler. In the letter, dated April 20, Bushnell wrote that Mrs. Schiavo had had five teeth extracted.
She offered no reasonable explanation of why this was done, or if Mrs. Schiavo was appropriately anesthetized, what follow-up care was being prescribed or if any restorative dental work was to be provided to her.
Appearing on Larry King's show on CNN on Oct. 27, 2003, Schiavo had argued that "Terri's had perfect care. She just had her teeth cleaned three months ago."
According to the Terrisfight.org Web site, Mrs. Schiavo's family has argued that her husband had not provided her proper dental care - among other things. Now she has had five teeth removed. As of this writing, it is unknown what, if anything, is being done to address this problem. The parents are unable to get clear information regarding their daughter's condition.
In the latest court developments a judge held a hearing in the latest battle over Terri's Law, which allowed Gov. Jeb Bush to ask doctors to reinsert Mrs. Schiavo's feeding tube.
According to news reports Circuit Court Judge Douglas Baird reheard a motion from Schiavo seeking to overturn Terri's Law and prevent the governor from deposing witnesses to defend it. Schiavo continues to seek to remove the feeding tube and end his wife's life by starvation and dehydration.
The governor's attorney Ken Connor, former president of the pro-life Family Research Council, says establishing that Mrs. Schiavo would not have wanted to be killed is important to defending Terri's Law. Questioning witnesses, including her younger brother Bobby, Schiavo and the woman with whom Schiavo is living, could help their case, he argued.
Connor told Baird that, following another judge's determination that Mrs. Schiavo would not have wanted to be kept alive artificially, others have come forward saying she would have wanted to live.
But George Felos, Schiavo's attorney and an advocate of assisted suicide, said Baird had all of the information he needed to rule on the constitutionality of the law and that Mrs. Schiavo's wishes were not an issue.
If Baird rules the law unconstitutional, Schiavo will be able to remove her feeding tube for a third time, causing her a slow and agonizing death.
According to the Associated Press, Connor told Baird that state legislators, in passing the law, "saw a woman who was unable to speak for herself and whose husband had a clear, admitted conflict of interest." Schiavo lives with a another woman, with whom we has had a child.
"Terri Schiavo's wishes are very much at issue. [She] has demonstrated a resolute will to live," Connor said.
In another legal action Mrs. Schiavo's parents complained her husband had barred them from visiting their daughter and asked a judge to intervene.
According to the Associated Press, Schiavo has blocked all visitors from the Clearwater, Fla., nursing home where his wife lives after apparent needle marks were found on her arms March 29. AP said that the Schindlers, who said they were baffled by the needle marks, had visited that day. Tests found no unauthorized drugs or other substances in her blood. The AP reported that police were investigating.
In their lawsuit filed Monday, the Schindlers contend that Schiavo, as their daughter's guardian, is consistently late in filing the required annual care plans for her. They argue that he therefore has no legal right to make decisions for her, or to bar visitors.
During his appearance on King's show, Schiavo defended his determination to pull the feeding tubes and allow his wife to die. When King asked, "When a feeding tube is removed, as it was planned, is that a terrible death?" Schiavo said: "No. It's painless and probably the most natural way to die."
Prolife advocate Wesley J. Smith has written about the intense suffering imposed on those being starved to death. See Legalized Murder: Terri Schiavo and Death by Starvation.
Mrs. Schiavo is conscious and is not terminally ill.
16 Here I'm brushing her teeth. 17 Q. Do you take her to the dentist from time-to-time? 18 A. Yes, we do. 19 Q. How often do you do that? 20 A. We try to do it twice a year. As a matter of 21 fact, she has an appointment Monday. 22 We try to keep her teeth as clean as possible. It's 23 very hard for us to get into the back of her mouth. She 24 clamps down and bites down on the toothbrush. I've had 25 problems before using the suction catheter and she bit the [Hey MIKEY, why did Terri need her TEETH BRUSHED DAILY then but she DOESN'T NEED it NOW?] ___ PAGE 20 1 suction catheter there. 2 Q. What are you doing now? 3 A. I'm putting on makeup. I put on her makeup 4 everyday and I'm finishing up her lipstick. [Hey MIKEY, why did YOU put on MAKEUP and LIPSTICK DAILY then but NO ONE, not even her parents are ALLOWED to do that NOW?] 5 This is the speech pathologist who comes in and works 6 with Terry. [Hey MIKEY, why did Terri need a SPEECH PATHOLOGIST then but she DOESN'T NEED one NOW?] 7 Q. This is the speech pathologist you say? 8 A. Yes, it's the speech pathologist. 9 Q. What does he do for her? 10 A. He comes in and massages her lips and uses 11 different flavors to try to help her swallow. You'll 12 notice he's moving her lips and it helps massage the side 13 of the mouth so the mouth doesn't tighten up. 14 Q. You hoping he can get her to the point where she 15 swallows? 16 A. Yes. You see here rubbing the bottom of her 17 throat, that's, I don't know what the word is, gets them to 18 swallow when you rub the bottom of their throat. She just 19 swallowed that time. Sometimes they use ice on her face, 20 too. It's a stimulation. [Hey MIKEY, why did Terri need SWALLOWING THERAPY then but she DOESN'T NEED it NOW?] 21 Q. What is that, Mike? 22 A. That's a -- that is basically used to stimulate 23 her tongue and the back of her tongue to help with her gag 24 reflex. And like I said, sometimes they use different 25 flavors.
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