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Husband in Right to Die Case Moves to Block Parents in New Trial
Tampa Bay Online ^ | Nov 3, 2003 | A P

Posted on 11/03/2003 6:08:39 PM PST by 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.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Florida
KEYWORDS: constitution; georgefelos; guardianfromhell; michaelschiavo; righttolife; terri; terrischiavo
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To: freeparoundtheclock
Next logical step: Schiavo V Felos. That will be a great one to follow!
161 posted on 11/04/2003 7:35:35 AM PST by TaxRelief
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To: wisconsinconservative
Re:
"..Even those doctors who were so sure Max and I could not possibly be here today...."

My mother had been diagnosed as incurable, with cancer. She had
been told she had three to six months to live. She lived for 13 more
years, in spite of that prognosis. She continued to smoke her three
to four packs a day, even with one half lung. My father [who also
smoked all his life and inhaled her second hand smoke, never had 
a lung problem of any kind]

Yes, doctors can be wrong and it's always good to have hope.

But that is not the case with Terri. Terri has had 13 years of nothing
but a vegetative state. Scans indicated [and clear enough for the
court to understand] that Terri has lost her cerebral cortex.

The cerebral cortex does not grow back. It can not be restored.
Without the cerebral cortex, there can be no voluntary actions.

Terri has shown to have absolutely no voluntary actions. There
has never been any indication otherwise, that could possibly
be proven to any physician, court, or intermediary.

There is no possible manner in which an institution can prevent
proper care from being given to a patient, nor is there any manner
that a guardian can prevent proper care to be given to a patient when
there is the involvement of a court action.

Terri's condition has not changed since it's onset. Her brain has
shrunk. The shrinkage is not due to "inactivity" as some posters
have suggested. The shrinkage is due to the fluid that is taking
place of tissue. Spinal fluid is destructive,

Terri's soul can be considered locked in a coffin, as long as her
body is being kept alive by artificial means.

Those are the facts.

 

162 posted on 11/04/2003 7:36:19 AM PST by Deep_6
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To: isatoi
If the husband gives up his rights, he also gives up his control over the money that was won in a lawsuit to rehabilitate her.
Terri is awake now, she laughs and cries. She opens her eyes in the daytime and closes them when she sleeps.
The money {according to the HINO } is almost all gone.
Almost all the money was spent on lawyer fees.

The only life support Terri's on is food and water that is being given her through a feeding tube.

The husband wants the feeding tube removed so she can starve to death.

Why? It could be the money. The lawyer is supposedly writing a book so it could be part of the book money.
MS has a girlfriend and 2 children with her and that could play a part in his reasoning.
He also wants Terri's body immediately cremated. I'm wondering if an exam on her body would prove abuse.
There's more reasons so keep reading.
I'm wondering if the money has been put in the girlfriends name. He received over 2 million in the lawsuit and was supposed to be spent on Terri's rehab but after he got the money he remembered she didn't want to live.
163 posted on 11/04/2003 7:42:49 AM PST by pickyourpoison
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To: TaxRelief
Seems like the lawyer represented the husband when he was supposed to represent Terri.
164 posted on 11/04/2003 7:46:32 AM PST by pickyourpoison
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To: ChemistCat
"the first time I read that I thought you were flaming me"

No, I was having a BAD night last night. I was mostly on a generalized rant. LOL! Sorry for the misunderstanding.

165 posted on 11/04/2003 7:49:48 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: Deep_6
Again, I ask. Do you have any evidence of Terri's real condition?
166 posted on 11/04/2003 7:50:33 AM PST by TaxRelief
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To: Deep_6
Again, I ask. Do you have any evidence of Terri's real condition?
167 posted on 11/04/2003 7:51:11 AM PST by TaxRelief
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To: freeparoundtheclock; Mo1
"Anyone know the Philly papers?"

I don't. Maybe Mo can help. Or you can try this link:

Pennsylvania Newspapers

168 posted on 11/04/2003 7:53:34 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: Deep_6
What kind of God do you believe in who traps souls in "lifeless" bodies? (And what is your definition of that word anyway? Does Ronald Reagan count, or are you ready to see him offed, too?)

If her body was truly as inert as you say, her soul has surely moved on and what we do about the shell left behind matters only to US, not to her.

If she is so inert, she is not being tortured by anybody. Mere food and water cannot sustain a "lifeless" body of any kind.

I have seen evidence that convinces me that she is indeed responsive. Her husband has forbidden anyone to try to spoon feed her, nor has she been provided with assistive communications technology that might enable her to communicate basic needs and desires at the very least.

If a person can be spoon fed, and Terri can be, then depriving her of food is surely murder by any reasonable definition.

If Terri had a living will, I would fight for her rights to have her living will enforced, even against all Free Republic if need be. A husband who has moved on to make a new family with a new honey is not a fit guardian for his jilted spouse, and has no business making life-or-death decisions.
169 posted on 11/04/2003 7:57:29 AM PST by ChemistCat (Hang in there, Terri. Absorb. Take in. Live. Heal.)
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To: US admirer
You would find this interesting from yesterday's

Opinion Jounal:

What Did God Know, and When Did He Know It?

This column is not particularly religious, but we have to laugh at the irreligious left's hysterical fear of Christianity, which was evident a few weeks back in some of the reader responses to Daniel Henninger's column on the subject.

For an even more hilarious example, check out Paul Harris's article in yesterday's London Observer, about Stephen Mansfield's "The Faith of George W. Bush," a new book that, the Observer proclaims portentously, "reveals how President's religious and political beliefs are entwined." The author uncovers a "scandal" that touches Britain:

Among Mansfield's revelations is his insistence that Bush and Tony Blair have prayed together at a private meeting at Camp David. Blair has previously denied this.

Mansfield, however, says that, while there were no witnesses, aides were left in little doubt as to what had happened. He told The Observer: "There is no question they have shared scripture and prayed together."

Well, the coalition that prays together, stays together. But seriously, why does it seem that the irreligious left is more horrified by a pair of Christians who lead democracies praying together in private than by radical Islamic mullahs openly praying for the deaths of Jews and Americans?

Perhaps the answer is religion is so alien to those on the irreligious left that they have no way to view it other than through the lens of left-wing ideology. Thus Bush's praying is horrifying because he represents the "religious right" that opposes abortion, gay rights and other things the domestic left holds dear, while the Mullahs are "anticolonialist" Third Worlders whose enemies (America, Israel and for that matter Christians) are the same as the irreligious left's.

Hee, hee...

170 posted on 11/04/2003 7:57:36 AM PST by Warren_Piece (Birthday party, cheesecake, jelly bean, boom!)
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To: Deep_6
Terri's soul can be considered locked in a coffin, ...

It's nice to have an expert on souls on board. Tell us, what keeps that eternal soul locked in the body? Furthermore, if the soul is eternal how can locking it up temporarily in a body harm it?

171 posted on 11/04/2003 7:57:59 AM PST by TigersEye ("Where there is life there is hope." - Terri Schiavo)
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To: freeparoundtheclock; sweetliberty
The two main papers in Philly are the Daily News and the Inquirer

You can get to either one from this link

http://www.philly.com/mld/philly/

If it's in one of the burb papers, you may need to narrow it down a bit, since there are many to look from
172 posted on 11/04/2003 8:00:19 AM PST by Mo1 (http://www.favewavs.com/wavs/cartoons/spdemocrats.wav)
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To: sweetliberty
This case is beginning to sound more and more like bad blood between the husband and the parents. Meanwhile, the patient is a yo-yo in all this.
173 posted on 11/04/2003 8:01:39 AM PST by yikes
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To: Republic
"What was the DATE that Michael and Felos connected up...and who initiated it....and did Michael remember that he wanted Terri dead, er, I mean that Terri wanted to die if incapacitated somehow, in relation to his assc with Felos?"

Yours is a very important question. IMO, M. Schiavo was SELECTED by the 'culture of death' group with Felos as their point man. They selected Florida as the location for their face off between 'right to life' and 'right to die' for many reasons, one of which is that their hospice base was established.

174 posted on 11/04/2003 8:04:10 AM PST by windchime
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To: Republic; Dog Gone
Republic, you made me curious about the page. LOL! I love it!
175 posted on 11/04/2003 8:10:09 AM PST by windchime
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To: windchime
This isn't the first case like this but this seems to be the one that's gotten national coverage.

176 posted on 11/04/2003 8:13:48 AM PST by pickyourpoison
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To: freeparoundtheclock
FREEPAROUNDTHECLOCK WROTE: "What are the chances that if Terri lives, MICHAEL SCHIAVO WILL FILE A LEGAL MALPRACTICE SUIT V. FELOS to get his 500K back? What goes around comes around."

I AM RESPONDING: "his 500K? That was Terri's $500K for REHAB THERAPY!

177 posted on 11/04/2003 8:20:19 AM PST by Concerned
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To: wisconsinconservative
WOW!!! What an awesome story!

MORE PROOF!...

Doctors are NOT GODS!!!

Doctors DO NOT KNOW EVERYTHING!!!!!!!!!

178 posted on 11/04/2003 8:31:32 AM PST by Concerned
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To: wisconsinconservative
WOW!!! What an awesome story!

MORE PROOF!...

Doctors are NOT GODS!!!

Doctors DO NOT KNOW EVERYTHING!!!!!!!!!

179 posted on 11/04/2003 8:31:33 AM PST by Concerned
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To: windchime
So is it possible to actually pinpoint Michael's first, and quote sarcastically, remembrance that terri wanted to die if in need of extraordinary measures (food???) publically made declaration of this so called wish of Felos, er, I mean Terri, AFTER his hiring of Felos????????????????

Truly - this matters.

180 posted on 11/04/2003 8:39:50 AM PST by Republic
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