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Surprised lawyer finds Terri Schiavo alert
WorldNetDaily.com ^ | Wednesday, January 5, 2005

Posted on 01/05/2005 12:26:07 AM PST by JohnHuang2

Wednesday, January 5, 2005



LIFE AND DEATH TUG OF WAR
Surprised lawyer finds
Terri Schiavo alert

1st visit contradicts claims of 'persistent vegetative state'


Posted: January 5, 2005
1:00 a.m. Eastern


© 2005 WorldNetDaily.com

Despite the widely believed claims of her husband, Terri Schiavo is purposefully interactive, curious and expressive with her parents, according to a surprised lawyer who visited for the first time the brain-damaged Florida woman embroiled in a euthanasia dispute.


Terri responding to her mother in video clip available on terrisfight.org

After a 45-minute visit Christmas Eve, attorney Barbara Weller concluded Schiavo was so alert that she "should have been gathered around the Christmas dinner table enjoying the holiday with her family."

Weller, along with attorney David Gibbs, took over the lead counsel role in September for Terri's parents, Robert and Mary Schindler, who are in a protracted legal battle with her husband, Michael Schiavo, to keep their daughter alive.

Gibbs also was present during the Dec. 24 visit.

Not knowing what to expect, Weller said in a narrative posted on the family website she "prepared for the possibility that the Schindlers love their daughter and sister so much that they might imagine behaviors by Terri that aren't actually evident to others."

But she was "very surprised" to find that, "From the moment we entered the room, my impression was that Terri was very purposeful and interactive and she seemed very curious about the presence of obvious strangers in her room."

Noting that Terri was not in bed but dressed and groomed and sitting in a chair without any tubes attached, Weller wrote:

The thing that surprised me the most about Terri as I took my turn to greet her by the side of her chair was how beautiful she is. I would have expected to see someone with a sallow and gray complexion and a sick looking countenance. Instead, I saw a very pretty woman with a peaches and cream complexion and a lovely smile, which she even politely extended to me as I introduced myself to her. I was amazed that someone who had not been outside for so many years and who received such minimal health care could look so beautiful. She appeared to have an inner light radiating from her face. I was truly taken aback by her beauty, particularly under the adverse circumstances in which she has found herself for so many years.

As WorldNetDaily has reported, Terri collapsed in 1990 in the couple's St. Petersburg apartment. For reasons never satisfactorily explained, oxygen to her brain was cut off for several minutes, leaving her unable to talk and dependent on a feeding tube for food and hydration at the age of 26.

In a 2000 trial, Michael Schiavo persuaded Florida probate Judge George Greer that Terri is in a "persistent vegetative state," which in the absence of a written directive, allowed Michael Schiavo to request removal of her feeding tube.

In November, however, Greer ruled the tube cannot be removed until the Schindlers have exhausted all avenues in their quest for a new trial to determine whether or not their daughter would want to be starved to death.

Michael Schiavo insists he simply is carrying out his wife's wishes, but Terri's parents contend Terri is alert, has a strong will to live and could be significantly rehabilitated with aggressive therapy. More than a dozen physicians, therapists and speech pathologists have stepped forward to state agreement with the Schindlers.

The parents also assert Michael Schiavo's interests are conflicted since he has lived with another woman for at least nine years with whom he has had two children.

Weller said that during the visit Dec. 24, "Terri's parents, sister and niece went immediately to greet Terri when we entered the room and stood in turn directly beside her head, stroking her face, kissing her and talking quietly with her.

"When she heard their voices, and particularly her mother's voice, Terri instantly turned her head towards them and smiled," Weller continued. "Terri established eye contact with her family, particularly with her mother, who spent the most time with her during our visit."

Weller said the "whole experience was rather moving."

"Terri definitely has a personality," she said. "Her whole demeanor definitely changes when her mother speaks with her. She lights up and appears to be delighted at the interaction. She has an entirely different reaction to her father who jokes with her and has several standing jokes that he uses when he enters and exits her presence."

Weller said she "never imagined Terri would be so active, curious, and purposeful."

"She watched people intently, obviously was attempting to communicate with each one in various ways and with various facial expressions and sounds," she said. "She was definitely not in a coma, not even close. This visit certainly shed more light for me on why the Schindlers are fighting so hard to protect her, to get her medical care and rehabilitative assistance, and to spend all they have to protect her life."

Court documents and other information are posted on the Schindler family website.

Links to all "Terri briefs" regarding the governor's defense of Terri's Law are on the Florida Supreme Court website, public information.


TOPICS: Front Page News; News/Current Events
KEYWORDS: schiavo; terri; terrischiavo; terrisfight
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To: Victoria Delsoul; Raquel
Amazing, isn't it?

I am so stunned that this "husband's" rights are being upheld by the court, yet it seems that the true victim as no rights at all.

We dump millions of dollars for Tsunami relief, but the courts decide to ignore the plight of Terri Shiavo.

Beautiul prayer. Thank you!

101 posted on 01/06/2005 4:08:18 AM PST by Northern Yankee (Freedom Needs A Soldier!)
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To: snapperjk
You all talk as if you are on the inside and know every little detail. Obviously, you all are not!

I am responding from what her father has said, through interviews that were granted on Catholic Radio, and those who have been in the room with Terri.

Obviously you must have been in the room, and know exactly what is going on?!

102 posted on 01/06/2005 4:16:49 AM PST by Northern Yankee (Freedom Needs A Soldier!)
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To: Arthur Wildfire! March

This is a wake up call and we have such pleasant weather in Tampa Bay. It's easy for us to have rallys, etc. There are more developments at the Terri January Daily Thread that are related to Florida and Pinellas County and re: Dr. Everett Koop's book. I'll ping you over there. Florida's a nice place to visit but the bureaucrats in Tallahassee who protect our tyrannical judges and even the newly fired Elder Affairs Chief leave alot to be desired.


103 posted on 01/06/2005 8:16:02 AM PST by floriduh voter ( **** Help Terri Visit www.terrisfight.org)
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To: JohnHuang2

Thank you for posting this article.


104 posted on 01/06/2005 8:18:51 AM PST by Dante3
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To: AnimalLover; JohnHuang2
ANIMALLOVER WROTE: "Isn't it amazing that NO ONE has ever gone to see her for themselves - no one from the court - newspapers - radio/tv - unbelievable!"

I was just thinking...Maybe the Schindlers should SUE TERRI and DEMAND that TERRI APPEAR in court and that TERRI be DEPOSED on VIDEO!!!

Or file an ADA suit (as mentioned in http://www.freerepublic.com/focus/f-news/1313774/posts?page=45#45) on behalf of Terri.

Better yet, pursue having the FEDERAL GOVERNMENT file an ADA suit against two-timing-cheating-out-of-wedlock-father-of-two-bastard-children-therapy-money-stealing-possible-attempted-wife-murderer-who-needs-to-have-his-only-witness-silenced-husband-in-name-only, Michael.

I would think that Terri would be have to be protected during the suit, partly because she would HAVE to testify, and partly because her personal rights are at state---NOT Michael's!!!!!

105 posted on 01/06/2005 8:23:35 AM PST by Concerned (RATS can't win unless they LIE, CHEAT and/or STEAL!!!)
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To: Arthur Wildfire! March
FATHER PAVONE MET TERRI THIS FALL. This is worth repeating in the new year.

Fr. Frank Pavone Visits Terri Schindler-Schiavo

"She talks with her eyes. She's very much aware and alert"

CLEARWATER October 7, 2004 (LifeSiteNews.com) - The head of Priests for Life, Fr. Frank Pavone, has visited Terri Schindler-Schiavo in her Florida hospital room. Terri's estranged husband, Michael Schiavo, has complete control over who visits Terri and has severely restricted access by clergy to his disabled wife.

Fr. Pavone was in Florida to speak at the "Celebrate Life" banquet, hosted by Right to Life of Hillsborough County September 18. He visited Terri on the way to his engagement in the company of her priest, Msgr. Thaddeus Malanowski, and her family.

"It was beautiful," Fr. Pavone told his audience at the banquet. "'Many people are praying for you from around the country,' I told her." Lawyers for Michael Schiavo have contended that Terri's eye movements and other responses to voices and other stimuli are not signs of consciousness and that she is in a "permanent vegetative state." However, Fr. Pavone said that he thought Terri showed awareness of his visit. "She was following everything that was going on," he said. "She talks with her eyes. She's very much aware and alert."

The law passed by Governor Jeb Bush to protect Terri from a death of starvation was declared unconstitutional in May by a Florida court on the grounds that it contravened the right to privacy. The governor's office is appealing that decision. Fr. Pavone criticized the judicial system along with the medical establishment for overstepping their bounds. "All these fields have authority," he said, "What they cannot do is put a value judgment on the lives they're caring for. The job of our whole culture is to affirm life."

Previous LifeSiteNews.com coverage: http://www.lifesite.net/ldn/2004/jun/04061810.html

106 posted on 01/06/2005 8:34:11 AM PST by floriduh voter ( **** Help Terri Visit www.terrisfight.org)
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To: snapperjk; Northern Yankee
SNAPPERJK WROTE TO NORTHERN YANKEE: "And 'her Hospice care has been horrible'... what authority do base this on!"

SNAPPERJK ADDED: "You all talk as if you are on the inside and know every little detail. Obviously, you all are not! "A fanatic is one who can't change his mind and won't change the subject"--Winston Churchill"

And 'There is none so BLIND as those who will not see'---GOD (I don't recall if that is the exact quote)

They're called EYE WITNESSES!!! And VIDEO!!!!

There are DIRECT WITNESSES, including (but not limited to) the above mentioned attorney (who is an OFFICER of the Court) and whose statement is in DIRECT CONFLICT with Michael's sworn statments and conduct, in this case and in Michael's suit for money to pay for TERRI'S THERAPY (which he IMMEDIATELY DENIED HER after being PAID for it).

There are also DOCTORS and NURSES and other MEDICAL caregivers who have given Terri MEDICAL CARE.

In the words of the Judge in MY case against some "fraudsters" who have LIED REPEATEDLY under oath---even contradicting themselves REPEATEDLY---"There is enough here to send it to a JURY!!!"

I beleive Terri should at least get a retrial---and Michael should be charged with perjury and/or obstruction of justice for his conduct and claims in the THERAPY MONEY case and this one.

107 posted on 01/06/2005 8:50:37 AM PST by Concerned (RATS can't win unless they LIE, CHEAT and/or STEAL!!!)
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To: Concerned; amdgmary

You are making great points in your posts. Somehow I hope they can be passed along to someone who can get these ideas to the Schindlers.


108 posted on 01/06/2005 10:01:41 AM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: Concerned
You have some great suggestions. Read my post #78. Great minds think alike!

Terri's parents should also petition the Catholic church for an annullement on Terri's behalf. Michael's living with his girlfriend and their two children should be plenty grounds to justify it. Though there may or may not be other cases in the church which woud establish precedence, her case shuld be given special consideration given her situation. This would nullify any of Michael laughable concern's about divorce and might further enhance the importance of Terri's Catholicism in this suit.

109 posted on 01/06/2005 1:05:29 PM PST by TOUGH STOUGH (I support Terri's supporters!!!!)
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To: AnimalLover

>Isn't it amazing that NO ONE has ever gone to see her
>for themselves - no one from the court - newspapers -
>radio/tv - unbelievable!

Michael won't let them!!


110 posted on 01/06/2005 6:48:27 PM PST by sandbar
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To: trickyricky

>I thought it said he remarried.

No, he's not remarried, but he might as well be. At least enough of a conflict of interest to remove him as guardian of her.


111 posted on 01/06/2005 6:49:53 PM PST by sandbar
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To: trussell

So wait, she's "Catholic" enough to insist on a Catholic marraige, but not "Catholic" enough to not shack up and have two kids with a married man?

Riiiiggghttt.


112 posted on 01/06/2005 6:52:37 PM PST by sandbar
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To: TOUGH STOUGH
TOUGH STUFF WROTE: "You have some great suggestions. Read my post #78. Great minds think alike!"

They do, don't they, now? (wink wink)

TOUGH STUFF ADDED: "Terri's parents should also petition the Catholic church for an annullement on Terri's behalf. Michael's living with his girlfriend and their two children should be plenty grounds to justify it. Though there may or may not be other cases in the church which woud establish precedence, her case shuld be given special consideration given her situation. This would nullify any of Michael laughable concern's about divorce and might further enhance the importance of Terri's Catholicism in this suit.

Great suggestion!

113 posted on 01/06/2005 9:54:21 PM PST by Concerned (RATS can't win unless they LIE, CHEAT and/or STEAL!!!)
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To: JohnHuang2

Great post! I am praying this will be Terri's year!


114 posted on 01/06/2005 9:57:35 PM PST by getmeouttaPalmBeachCounty_FL (Then sings my soul, my Saviour God, to Thee; How great Thou art, how great Thou art!)
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To: trickyricky
That's ridiculous.

Yes, it is. Beyond ridiculous, actually.

115 posted on 01/06/2005 11:52:38 PM PST by BykrBayb (5 minutes of prayer for Terri, every day at 11 am EDT, until she's safe. http://www.terrisfight.org)
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To: Concerned; floriduh voter; Ohioan from Florida; phenn; Scoop 1

Your suggestion for the Schindlers to sue Terri so that they can demand that she appear in court is brilliant and creative. With Michael being her guardian, it would again be a suit against him as her legal representative.

The composition and wording of such an action and complaint would be fascinating. Might it be rejected in view of her parents years-long efforts fighting for an opposite result? It would certainly be interesting to see what would happen. If the suit was accepted, would HINO be able to prevent Terri appearing in court, or at least a judge seeing Terri in person?


116 posted on 01/08/2005 4:03:26 AM PST by l.tecolote (doing what I can from California)
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To: l.tecolote; floriduh voter; Ohioan from Florida; phenn; Scoop 1
L.TECOLOTE WROTE TO ME: "Your suggestion for the Schindlers to sue Terri so that they can demand that she appear in court is brilliant and creative. With Michael being her guardian, it would again be a suit against him as her legal representative."

Thanks! The Schindlers could send Terri interrogatories and ask for her DEPOSITION. She would have to be seen by a court reporter and whatever "responses" she had would be DOCUMENTED as SWORN TESTIMONY.

Plus, they probably would get a DIFFERENT JUDGE and if they didn't, they could ask for a new Judge (I can't remember what it is called, but the "bad guys" in MY fraud case (i.e. I'm the Plaintiff) did it to me and my THREE-YEAR-old case got removed to the bankruptcy court).

The bankruptcy court didn't buy their shenanigans (sp?), though, because the law dictates that a case as old as mine (which is basically at the climax) needs to be tried in the original court, especially since there wasn't a federal issue.

But the Schindler's case would be a NEW CASE!!! The other thing the "bad guys" did to me is "lawyer swapping." Every time some major issue would come up, they would have a "new" lawyer come in to get the Judge to give them extra time (since they were new). It only works for so long, however, and since we pointed it out to the Judge, it probably won't happen again.

117 posted on 01/08/2005 7:51:23 PM PST by Concerned (RATS can't win unless they LIE, CHEAT and/or STEAL!!!)
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To: BykrBayb

"Does that mean that rational people support The Final Solution?"

Excellent reply and comeback to snapperjk's snippiness !!!


118 posted on 01/09/2005 3:52:19 PM PST by l.tecolote (doing what I can from California)
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To: JohnHuang2

If this article by the lawyer is true why didn't they videotape it. This was an important meeting and they have other clips of Terry at her site. Seeing it would be more convincing to the people they are trying to tell this story to.

I agree he should divorce Terry or just let her parents take custody but I wonder about this article. I've heard lawyers
can tell a lie.


119 posted on 01/10/2005 4:37:54 AM PST by Recall
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To: JohnHuang2; floriduh voter
Great article, the full text of the account is here somewhere. States what we've known all along.

Please print and mail this letter to request the impeachment of Greer and Baird.

Greer & Baird didn't legally qualify for office

120 posted on 01/10/2005 4:40:24 AM PST by tutstar ( <{{--->< http://ripe4change.4-all.org Violations of Florida Statutes ongoing!)
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