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.

[Ohioan from Florida]

Has anyone posted the guardiansip info, yet? Here's a link to the the Florida statutes. http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0744/titl0744.htm&StatuteYear=2003&Title=%2D%3E2003%2D%3EChapter%20744

[ChemistCat]

What's with these people who feel the need to come on these threads and post "You people are all so wrong," in detail, but then won't respond to a few contrary facts or pertinent questions?

I know, just trolls, but it's so aggravating when people who haven't done their homework post their crud and then WON'T RESPOND to the seven zillion upset people who refute them.

[Leatherneck_MT]

"Just because someone is interested in the outcome of a case, doesn't entitle them to intervene in it. The courts simply cannot allow everyone who cares to intervene. "

Oh heaven forbid we have any human kindness in the court system. Why.... we might seek justice if we did that!!

No wonder lawyers and judges are seen by the vast majority of Americans today as pond scum and bottom feeders.

[TaxRelief]

Did your thread turn red after your post? Mine did.

[TaxRelief]

When I asked Terri's Mom about bulimia, she answered "That's all Michael."

[cyn]

From the way Terri has been kept in her room in later years, one might conclude that the most toxic venom is -- Terri unveiled. The real Terri. In other words, the facts. AAARGH!!

She's not in a coma. She is not in persistent vegetative state. Heck, she has fewer tubes than Christopher Reeve. She used to have a treatment plan, what has happened to that therapy?

http://www.freerepublic.com/focus/f-news/1011460/posts?page=569#569 -- PDF

Physical Examination -- 6 - 27 - 90

*patient is awake, eyes are open
*easily startled to her name or when bedrail fell down
*she does give eye contact to family members
*she will close her eyes to any threatening response around her face and blink appropriately
*tracking is inconsistent
*no verbal output during this exam but it has been reported by husband and other family members and therapists over at College Harbor.

Treatment Plan Review from Mediplex rehab, Bradenton, 1 - 29 - 91

Cognitive/Communication: *no significant changes.
*Vocalizing when prone in P.T. [physical therapy]
*Occasionally will say "STOP" to nursing during procedures.
*to TR [recreation?] groups. More relaxed to therapists voice, touch (habituation)

Some people actually have jobs working with people like Terri. Imagine that! We can't know if there will be improvement or not, or many years (as the story posted above) it might take; we do know there are plenty of stories like the one posted above and elsewhere.

Terri has a mother who wants to take her home. She has a husband who wants to get on with his life. What's so hard about this? It doesn't even take a Solomon.

[Dog Gone]

It's not a question of being unkind. The judicial system wouldn't function if everyone who wanted to get involved in a particular court case could do so. Terri's parents are certainly free to attend the proceeding, and they're certainly free to consult with the Florida Attorney General.

But this trial isn't about Terri's condition. And it's not about whether Michael is a scumball. It's only about whether this particular law was enacted constitutionally. It's not necessary and it's not a good idea to let Terri's parents, or any of the other millions of Florida residents who support Terri, to intervene in the case. The Attorney General will present the best legal arguments as to the constitutionality of the law. He doesn't need any help.

[yikes]

I AM RESPONDING: "EXACTLY!!! WHY can't the Sheeple see the BIG PICTURE? It is EXACTLY what happened in Nazi Germany!!!!!

I AM ADDING: "WAKE UP, Sheeple!!!!!"

I stand 2nd to on one on this thread in my reverence for life.

I have worked with brain ded people, and the most gut-wrenching experience of my life was watching a couple say "good bye" to their 12-year-old son who had an adverse effect from s simple surgical procedure.

Let me ask all of you who have criticized me whether you have said to your spouse or partner, "Honey, don't let me lie around like a vegetable for ten years or even ten days?"

Have you all signed a living will to forestall such a miserble life event. I will be honest and admit that I do not want to live as a so-called "vegetable." What an unfortuntely term.

I call 'em as I see 'em, and I get bad vibes when I see and hear the principals in this tableau.

No one on this forum knows what Ms. Schiavo's wishes were. Only God knows that.

[Budge]

She is without a cerebral cortex;

PROVE IT!

And don't tell me "you saw it on LKL when Satan Felos waved one in front of the camera."

[Deep_6]

I'm not too sure we would be able to elicit an honest
answer from this "Let her live" group, but I'll ask the
question anyway. Hopefully the answer will be well
thought out and not simply rendered?

If Terri's mom, dad and family manage to gain
sole guardianship.......

If after more [or less] than a year of sole guardianship,
their own doctors, through thorough and complete
examination, find that Terri will never regain any
ability to have any voluntary actions....

That Terri will forever be in a vegetated state, unable
to communicate in any manner.... unable to have any
movement except that what is involuntary.

And Terri's parents decide that it would be in her
very best interest to allow her soul to rest....

And they decide that it is time to remove her life
support apparatus [feeding tubes] and allow her
body to expire.....

What will you do in response?

Will you again fight for Terri's body to remain on
it's life support, in spite of her parent's decision?

Or will you allow her body to starve itself to it's death.

 

Your answer should be well thought out. It will
tell more about yourself than you may desire.

 

[Deep_6]

YOU SAID:

I REPLIED:

YOU SAID:

I COMMENTED:

YOU REPLIED:

I RESPONDED:

 

 

Absolutely annoying. I do not read your posts. They are likely
very intelligent posts, but posted in a manner that annoys.

[Legerdemain]

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"......

That is the problem, people let their emotions get in the way...this is about the rule of law, Terri's family do not have anything to do with this lawsuit..it is her husband vrs Florida......btw, they can send a friend of the court document however....

[Legerdemain]

nor the Constituonal right to life that is supposed to be inalienable and should truump any other consideration

I agree, take the tube out and let her live/die as she may...btw, crass, but show me where it is a constitutional right to medical care......

[Aliska]

OT for this thread but I heard there is an amber alert in CA. Little asthmatic girl was with her cousin who is a convicted sex offender, I know, I know, and hasn't been seen for about 24 hours. Don't have any more.

If someone can find a link to a website, please post the alert.

[Legerdemain]

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

Again, the godsquad is out spinning...there is no common law marriage in Flordia.........

[Aliska]

I'm with you on that. How anybody in their right mind can say a man with a new girlfriend doesn't have a conflict of interest defies reason. Under the circumstances, I can understand people not being too hard on him for that, but come on. It is so transparent that I can't believe people are buying into it or overlooking it.

To have your new girlfriend standing guard at the hospice over your visitors is beyond the pale! It really is the ultimate insult to someone so helpless.

[sweetliberty]

Isle 233

[dandelion]

Phrack. Back to work. This case is never ending, but then again, we will just have to be up to the task...

[Ladysmith]

Ugh, not even worthy of a response of any kind, is it?

[nicmarlo]

I've been noticing a lot of trolls, or at the very least, ugly hatefulness, in FR as of late myself, sweetliberty.