From FoxNews Channel Jan 09,2004 - On the Record with Greta
Greta: Tonight, a Florida judge may be closer to ruling on the constitutionality of a state law that is keeping severely brain damaged Terri Schiavo alive. WILL the law be thrown out? ...and Terri Schiavo disconnected from her feeding tube?
Joining us in Tampa is George Felos, the lawyer for Terri's husband Michael Schiavo, who WANTS the feeding tube removed, and here in Washington is Florida Governor Jeb Bush's lawyer Ken Connor.
Greta: Ken, the judge has yet to rule, but what is your prediction, is the judge going to rule that the law is UNconstitutional giving Governor Bush the authority to order that feeding tube placed in Terri Schiavo?
Connor: I think the judge IS likely to rule that way Greta. He has DENIED the Governor ANY opportunity to conduct any discovery, or conduct any examination of witnesses. He's said he has all the information he needs to MAKE his ruling. That doesn't auger well for the constitutionality of the statute in the TRIAL court. I think it will ultimately be decided in Florida's Supreme Court.
Greta: All right, George, any idea, any hint of when the judge is LIKELY to rule, number one, And number two, in the event he DOES rule in your client's favor, and the feeding tube IS removed, any idea of how long its anticipated that Terri can live?
Felos: Well the judge is poised to rule, he's just waiting for the appellate court to issue a couple of rulings on procedural appeals that the Governor has taken. The briefings done in the appellate court and we hope the appellate court rules quickly. As soon as they do, they do rule in Terri Schiavo's favor, then the trial judge will rule, and ultimately that ruling will be reviewed by the Florida Supreme Court. If the feeding tube is removed again, Terri would die between 7 to 14 days in a painless manner as the doctors have testified and as the court has found.
Connor: Well its DISPUTED in our case that as to whether or not that is a PAINLESS death. And there is evidence that it is VERY much to the contrary.
Greta: Is that one of the issues?
Connor: Well that's ONE of the issues the Governor would like to RAISE. There are a LOT of issues that the Governor would like to raise, that he's been foreclosed from raising in the trial court. For instance, why didn't Mr. Schiavo tell the CIVIL jury when he was seeking millions of dollars for Terri's injuries about Terri's desire to DIE under these circumstances?
Greta: Alright well let me ask George that. George, there's the question posed to you...
Felos: You know Greta, I think you asked us that question on your CNN show about four or five years ago. All of these issues have been reviewed again and again. Her rights have been adjudicated, the court found by clear and convincing evidence she didn't want to be kept alive artificially. And her rights were overturned by the Governor and Legislature. This is the worst civil rights violation we've seen in Florida by the government probably in the last 30 years.
Connor: Important fact Greta, this is an attempt by the Governor and by the legislature to insure that a disabled person's health care choices are respected and protected. Remember that Terri Schiavo had NO prior written advance directive. She's not able to speak for herself.
Connor: The testimony that's been offered by her husband who has a STAKE in her death, and stands to gain financially and otherwise by her death is uncorroborated.
Greta: Is there money in this George? I mean, once Terri dies, is there ANY more money left, I mean this has been dragging on for so long, is there money out there for anybody? I mean it sounds like such a cold terrible thing, but you know, Ken raised it, money for your client?
Felos: no, Mister Schiavo will not inherit a penny upon his wife's death. There is some money left in the guardianship but her death so far exceed that. He won't receive anything.
Connor: But in point of fact, when he BEGAN this effort, he stood to gain HUNDREDS of thousands of dollars.
Felos: Well...
Greta: Ken has ANY member of, I mean other than George and his client, has any member SEEN Terri in the last 3 months, and what is the description of her condition?
Connor: Well the parents have seen her, they have been ENCOURAGED about what they have seen. They have registered concerns about whether or not she is being DRUGGED in some way, or her responses are somehow being suppressed by her medication. They'd like to know MORE about her condition. They'd like to have a bigger stake IN it.
Greta: George, can you give me an update? In the last couple of months, I mean in terms of you know, what her condition is? Whether she is being MEDICATED as Ken has questioned?
Felos: Terri's condition is essentially the SAME as it has been the past thirteen years. Terri's cerebral cortex has atrophied, its gone. She has no consciousness. She is not being medicated. Her reactions, or involuntary reflexes, are not lessened by medication. The fact is is that nothing anyone can do can help this poor girl. What we can do for her now, is effectuate her wishes, and enforce her privacy rights.
Greta: Alright, 20 seconds left Ken, I'll give you the last word, IF you lose, and the law is declared unconstitutional, you'll go IMMEDIATELY to the high court, right?
Connor: We WILL. We'll go to the Florida Supreme court, and if the Governor isn't afforded an opportunity to try this case before a JURY, we'll try to go to the U.S. Supreme Court.
Greta: Alright gentlemen, thank you both very much. Obviously a VERY tough issue.
later, at the close of her show...
Greta: Thanks for being with us tonight. Please send your comments to ontherecord@foxnews.com and be sure to checkout our daily blog at gretawire.com, especially today.
[Transcripted for education and discussion purposes only, not guaranteed to be 100% accurate. ]
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Recent interviews/excerpts:
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"Hannity and Colmes" - Tuesday 10-14-03 --> (Terri's father) Bob Schindler: "MONEY and FOUL PLAY"
"On the Record with Greta" - Friday 10-24-03 --> Forensic Pathologist, Dr. Michael Baden: "Potassium imbalance UNLIKELY - HEALTHY heart - NECK TRAUMA"
"At Large with Geraldo Rivera" Sunday 10-26-03 --> author Christopher Darden and Harvard Law Professor Alan Dershowitz: "You have eternity to be dead; You only have a limited amount of time to live"
"Hannity and Colmes" - Monday 10-27-03 --> (father) Bob Schindler and (neurologist) Dr. William Hammesfahr: "She absolutely CAN be rehabilitated -clearly NEVER had heart attack -Emergency room: damaged neck"
"On the Record with Greta" - Monday 10-27-03 --> (attorney) Pat Anderson: "BIG FIGHT -attempted STRANGULATION"
"On the Record with Greta" - Tuesday 10-28-03 --> (attorney) Pat Anderson and (brother) Bobby Schindler: "failing marriage -DIVORCE imminent -Potassium explained":
"Hardball with with Chris Matthews" - Wednesday 10-29-03 --> (pro-Terri attorney for ACLJ) Jay Sekulow and (anti-Terri attorney) Joe Tacopina: "Matthews: I think the human issue here is... her eyes flickering... I think she's ALIVE":
"Larry King Live" - Monday 10-27-03 --> (husband) Michael Schiavo[barf alert]: THEY get money from the right wing ACTIVISTS - "Removing somebody's feeding is very painless. It is a very easy way to die" - [later] King: Would you take one[lie detector test]? - No
"The Abrams Report" - Monday 11-03-03 --> (Commentary) almost entirely pro-husband
"O'Reilly Factor" - Wednesday 11-05-03 --> (former "Vegetative State" patient) Kate Adamson: Being starved to death is EXTREMELY painful "It was SHEER torture!" - took her THREE MONTHS of ACUTE REHAB to snap out
Her website says: We stand behind Terri Schindler!
"The Abrams Report" - Thursday 11-06-03 --> (pro-Terri attorney) Pat Anderson and (pro-death attorney) George Felos: "Felos: Michael is a MODEL husband" - Anderson:"Terri got NO REHAB after $award$":
"On the Record with Greta" - Thursday 11-06-03 --> (Gov.Bush's lead attorney) Ken Connor, and followed by a panel discussion:
"Connor: INDEPENDENTLY investigate the circumstances and allegations...
Alred: Perhaps the PARENTS SHOULD care for her
"Radio Interview" --> (Michael Schiavo's so-called 1st girlfriend after Terri's so-called 'collapse')
MS: "[Terri] upsets my WHOLE LIFE with this, and this is ALL her fault."
GIRLFRIEND: "he can be the most INCREDIBLY MEAN person!"
"CBS News Sunday Morning" - Sunday 11-09-03 -->
( Lead-off feature story for this Sunday morning news magazine )
"On the Record with Greta" - Friday 01-09-04 --> (Gov.Bush's lead attorney) Ken Connor, and (husband's attorney) George Felos:
Connor: "We'll GO to the Florida Supreme Court, and if the Governor isn't afforded an opportunity to try this case before a JURY, we'll try to go to the U.S. Supreme Court".