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Hang on, Terri, a new chance
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Navy_Navy_Navy
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PostPosted: Wed Mar 30, 2005 5:49 am    Post subject: Hang on, Terri, a new chance Reply with quote

The federal appeals court has just said that they would entertain requests from Terri Schiavo's parents for a new hearing and an injunction that would replace the feeding tube!

Trying to track down more details!

Edited to add:

Federal Appeals Court OKs Schiavo Review



Quote:

Netscape News/CNN
ATLANTA (AP) - A federal appeals court early Wednesday agreed to consider a petition for a new hearing on whether to reconnect Terri Schiavo's feeding tube.

The ruling by the 11th Circuit Court of Appeals came as the severely brain-damaged woman entered her 13th day without nourishment.

Schiavo's parents, Bob and Mary Schindler, have maintained that Schiavo would want to be kept alive and have asked the courts to intervene. Schiavo's husband, Michael, insists he is carrying out her wishes by having the feeding tube pulled.

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Tanya
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PostPosted: Wed Mar 30, 2005 5:53 am    Post subject: Reply with quote

I just heard! Time is running out, I hope they do this quickly!!!!
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PostPosted: Wed Mar 30, 2005 5:58 am    Post subject: Reply with quote

I'm so afraid to get my hopes up. But I have to admit it - I've been shaking and crying for the last ten minutes since I heard, hoping that this can happen in time.

And don't let that SOB husband-in-name-only anywhere near her without strip searching him for insulin-filled syringes, either.
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PostPosted: Wed Mar 30, 2005 6:00 am    Post subject: Finally a fuller story! Reply with quote

http://www.foxnews.com/story/0,2933,151777,00.html

Court Agrees to Consider Schiavo Petition
Wednesday, March 30, 2005

PINELLAS PARK, Fla. — Terri Schiavo's parents won an eleventh hour victory on Wednesday when a federal appeals court agreed to consider a petition for a new hearing on whether to restore their daughter's feeding tube. But the ruling by 11th Circuit Court of Appeals may be too late to save the severely brain damaged woman who is entering her 13th day without nourishment.

Bob and Mary Schindler received more high-profile support for their cause Tuesday as Rev. Jesse Jackson visited them in Florida and urged their daughter's feeding tube be reinserted.

Jackson prayed with Bob and Mary Schindler at their daughter's hospice. The liberal crusader called Schiavo's impending death an "injustice" and said he would call state senators who opposed legislation that would have reinserted her feeding tube and ask them to reconsider.

"I feel so passionate about this injustice being done, how unnecessary it is to deny her a feeding tube, water, not even ice to be used for her parched lips," said Jackson, who has run for president as a Democrat. "This is a moral issue and it transcends politics and family disputes."

Also on Tuesday, first lady Laura Bush said she thought the government was right to try to step in.

"I just feel like the federal government has to be involved," Mrs. Bush said. "It is a life issue that really does require government to be involved."

Mrs. Bush said she has been encouraged to hear that the case has prompted more people to inquire about living wills.

"I think that is really good," she said. "The president and I have living wills and, of course, our parents do. They wanted us always to be aware of it. I think that it is important for families to have opportunities to talk about these issues."

President Bush and his brother, Florida Gov. Jeb Bush, have both been outspoken supporters of Schiavo's parents.

University of South Florida political science professor Susan MacManus said Jackson's appearance showed that the life-and-death issues surrounding their daughter resonate beyond white, Christian conservatives.

"I wanted the Reverend Jackson here for moral support," said Mary Schindler, Terri Schiavo's mother. "I feel good with him here. Very strong. He gives me strength."

Jackson was invited by Schiavo's parents to meet with activists outside Schiavo's hospice. His arrival was greeted by some applause and cries of "This is about civil rights!"

"A person of faith, and not just a white, conservative person of faith will be seen as a welcomed change," MacManus said.

Jackson said he asked Michael Schiavo, Terri Schiavo's husband, for permission to see the brain-damaged woman but was denied. George Felos, Michael Schiavo's attorney, did not return phone messages seeking comment.

Michael Schiavo insists he is carrying out his wife's wishes by having the feeding tube pulled.

Terri Schiavo's father, Bob Schindler, said he visited his daughter Tuesday and said she was "failing."

"She still looks pretty darn good under the circumstances," Schindler said. "You can see the impact of no food and water for 12 days. Her bodily functions are still working. We still have her."

Dr. Sean Morrision of the Mount Sinai Medical Center spoke with FOX News' Linda Vester Tuesday and said he often treats patients in a similar condition to that of Terri Schiavo. "It's rare for someone to be awake" in a persistent vegetative state, Morrision said.

During an interview on DaySide With Linda Vester, Morrision said the parts of the brain that feel are not working. "She does look awake, but she's not processing any of those feelings."

Jackson telephoned black legislators on Tuesday in a last-ditch effort to bring back a bill that would prohibit severely brain-damaged patients from being denied food and water if they didn't express their wishes in writing. Lawmakers rejected the legislation earlier this month and appeared unlikely to reconsider it.

One of those contacted by Jackson, Democratic state Sen. Gary Siplin, said he told Jackson the issue had been "thoroughly discussed." Senate Democratic leader Les Miller added, "I have voted. It's time to move on."

The chief sponsor of the measure, state Sen. Daniel Webster, said he knew of no changed votes and that Jackson's efforts may have come too late.

Webster told FOX that it would be difficult at this point to ask fellow lawmakers to consider voting in favor of the reinsertion. "I'm pretty optimistic ... but there comes a time when no one steps forward" and it's hard to say we can win, he said. "I don't believe we can."

Webster also defended Florida Gov. Jeb Bush (search), who has been criticized by some supporters of Terri Schiavo. "The governor is totally dedicated to this issue" and Terri would be dead if he hadn't stepped in a year ago, Webster said during an appearance on DaySide.

Schiavo's husband and guardian, Michael Schiavo (search), has insisted that he was carrying out her wishes by having her feeding tube pulled. His lawyer said Monday that an autopsy was planned to show the extent of Terri Schiavo's brain damage.

On Monday, George Felos, the attorney for husband and guardian Michael Schiavo, said that the chief medical examiner for Pinellas County, Dr. John Thogmartin, had agreed to perform an autopsy.

He said her husband wants definitive proof showing the extent of the brain damage.

An attorney for the Schindlers, David Gibbs III, said her family also wants an autopsy. "We would certainly support and encourage an autopsy to be done, with all the unanswered questions," Gibbs said.

Felos said he had visited Schiavo for more than an hour Monday and said she looked "very peaceful. She looked calm."

"I saw no evidence of any bodily discomfort whatsoever," Felos said, although he added her breathing seemed "a little on the rapid side" and her eyes were sunken.

Doctors have said Terri Schiavo, 41, would probably die within a week or two when the tube was removed on March 18. She suffered catastrophic brain damage in 1990 when her heart stopped for several minutes because of a chemical imbalance.

President Bush's aides have said they have run out of legal options.

At least two more appeals filed by the state seeking the feeding tube's reconnection were pending, but those challenges were before a Florida appeals court that had rejected the governor's previous efforts in the case.

Emotions were high among supporters. After Jackson's news conference, a man was tackled to the ground by officers when he tried to storm into the hospice, Pinellas Park police said.

Dow Pursley, 56, of Scranton, Pa., was shocked with a Taser stun gun and was arrested on charges of attempted burglary and resisting arrest without violence, police spokesman Sanfield Forseth said. The man had two bottles of water with him but did not reach the hospice door, police said. He is the 47th protester arrested.

The Associated Press contributed to this report.
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LewWaters
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PostPosted: Wed Mar 30, 2005 6:08 am    Post subject: Reply with quote

I hope they start rehydrating her right away and not wait until Friday or so.

I can't believe she's lasted this long. Tells me she really doesn't want to die.

Now, to get someone else to look at all the facts in the case this time and not just a procedural review.
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Tanya
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PostPosted: Wed Mar 30, 2005 6:08 am    Post subject: Reply with quote

I hear you Navy3x. I have been on a emotional rollercoaster ride. All I can think about is Terri and her family. Her SOB husband should be in jail Evil or Very Mad or banned from her room.
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PostPosted: Wed Mar 30, 2005 6:11 am    Post subject: Reply with quote

From the above article;

Quote:
He said her husband wants definitive proof showing the extent of the brain damage.


Uh, shouldn't they determine that, before they kill her? I thought they were completely certain already?

I aslo note they don't mention it's state law and they have no choice. If the worst happens, I just hope they have a disinterested third party in there reviewing it.
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PostPosted: Wed Mar 30, 2005 6:19 am    Post subject: Reply with quote

They have dr. death cranass on msnbc. He said he is totally confussed by this. And the interviewer is making me sick. He's pissed about the appeal!
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PostPosted: Wed Mar 30, 2005 6:26 am    Post subject: Reply with quote

Fox just said Michael Schiavo has stated this is unconstitutional.

Funny, I thought killing your wife would be even more unconstitutional. Confused

Hopefuuly, his residence will soon be Raeford State Prison Mad
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PostPosted: Wed Mar 30, 2005 6:33 am    Post subject: Reply with quote

LewWaters wrote:
Now, to get someone else to look at all the facts in the case this time and not just a procedural review.


The report I heard on Fox - which jolted me out of bed - was saying almost exactly that - that the federal appeals court has reviewed the reviews - and they are now saying that the previous appeals were not the de novo reviews that were prescribed by law, but just procedural reviews. That's apparently basis on which this hearing will be granted.

What prompted this review by the federal appeals court, I don't know. I'd sure like to know.

This has indeed, been an emotional roller coaster. I thought I went numb when the final appeal was lost. I cried and cried over that one.

God, how can we be DOING this? This question keeps screaming at me from inside my own head. Just endlessly asking how we got to this point, where a human being who is clearly interacting with her environment and conscious can be starved to death by a faithless husband with the full blessing of the judiciary in one state while a man gets arrested for allowing his cattle to starve in another state.

I don't know as Michael Schiavo should be in jail, but I certainly believe that there is enough in this history to warrant an investigation at the very least. And his creepy attorney who channels the spirits a la' Kerry's running mate would probably not stand up to much real scrutiny, either. The tangled web of hospice, judge, lawyers, coroners' office and Schiavo is just damned near incestuous in it's weave.

It's so hard to keep from hoping and praying - just let her live long enough and improve enough to show that she wants to live, if that's what she wants. OR even that she wants to die, if that's what she wants.

But let it be her choice, not a judge relying on the suddenly-remembered "last wishes" made known to her ex-husband.
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blue9t3
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PostPosted: Wed Mar 30, 2005 6:36 am    Post subject: Reply with quote

Opinions are like noses, nobody talks about how he bathed her, I guess you only hear whats important to you.
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PostPosted: Wed Mar 30, 2005 7:14 am    Post subject: Reply with quote

I guess that's pretty much true to some extent of any of the species h. sapiens.

I know what's important to me, anyway, hm?

His bathing her? Why should I care? A few kind actions toward her do not wipe out the times he asked her nurses why "that ***** doesn't just die?" They don't counterbalance his cruelty toward her or her parents.

They don't cancel the fact that he has allowed her not even range-of-motion therapy to alleviate the atrophy and drawing up of her limbs. They don't cancel the fact that he's denied her medical care and therapies which might have improved her condition. They don't cancel the fact that he's denied her even food and water by mouth, which she is capable of swallowing.

He bathed her? I'm sorry to disappoint you, if you think that should somehow impress me with his gentleness.

The fact that he has withheld even cheap and basic comfort therapies from her for all these years says a lot more about his commitment to this poor woman than all his posturing and crocodile tears could ever say.
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tony54
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PostPosted: Wed Mar 30, 2005 7:20 am    Post subject: Reply with quote

I don't know exactly how it works, but I'll ask and see if anyone has an answer for me.
If Terri is catholic and and if they were married in a catholic church, and the catholic church prohibits adultery (with proof "2 kids").
Can't her parents ask the priest that married them for an annullment?
Or does Judge Greer overule a priest also?
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LewWaters
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PostPosted: Wed Mar 30, 2005 7:24 am    Post subject: Reply with quote

Bathing her means little, after he refused all medical treatment, therapy and placed her as Do Not Resucitate, right after receiving over one million dollars, the majority of which was to go for her rehabilitative care.

I have no idea if he did abuse her, but most men that do abuse their wifes often treat them really sweet afterwards, until the next time. This is why a true investigation is warranted.

Quote:
What prompted this review by the federal appeals court, I don't know. I'd sure like to know.


I don't think this hurt Wink

http://www.theempirejournal.com/329052_federal_complaint_filed_w.htm
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PostPosted: Wed Mar 30, 2005 7:55 am    Post subject: Reply with quote

Lew, I was thinking that might have had something to do with it too. Or maybe some of the other side of the story is filtering through to these judges?


Here's the latest story:

Quote:

http://www.cnn.com/2005/LAW/03/30/schiavo/index.html
ATLANTA, Georgia (CNN) -- The lead lawyer for Terri Schiavo's parents filed an emergency petition with the 11th U.S. Circuit Court of Appeals in Atlanta late Tuesday, contending he has found a new argument to have Schiavo's feeding tube reinserted.

The petition submitted by attorney David Gibbs said the federal judges who rejected the previous efforts to have Schiavo's feeding tube reinserted violated a Supreme Court precedent that requires them to consider the full record, not just the procedural history from the state court.

The appeals court granted Gibbs' request late Tuesday to file the new petition despite having set a deadline of last Saturday morning for any such appeals. Gibbs said in his filing that the new issues were the result of "further research, reflection and consultation" since the same court rejected his petition last week.

"Where a state court order extinguishes a fundamental right, the district court must review the record before the state court to determine whether the factual basis for the order satisfied a heightened Federal standard of proof," the petition said.

The federal judges could not have considered the full record, Gibbs argued, since it had not been filed with the federal courts.

"The district court reviewed only the procedural history and the results of the litigation in the state court, not the evidence adduced in the state court proceedings," the petition said.


Gibbs argued that he could prove to the federal court that "the 'evidence' supporting Terri's alleged wishes is not credible, and that a reasonable fact finder would hold -- under any standard of proof -- that her wishes were to the contrary."

Schiavo's parents, Bob and Mary Schindler, are fighting to have their daughter's feeding tube restored.

The new petition repeated the Schindlers' contention that their son-in-law Michael Schiavo's testimony that Terri had said she would want to refuse life support was not credible enough for a court to base such a life and death question.

"As a matter of constitutional law, the life of Terri Schiavo cannot be ordered to be taken on the kind of oral testimony provided in this case," the petition said.

It was not immediately clear when any further court action would occur.

George Felos, the lawyer for Michael Schiavo, learned of the filing late Tuesday when contacted by CNN Radio.

"This is some sort of last-minute desperation move, and we believe the federal courts have spoken on this already," Felos said.

Last week, a three-judge panel of the 11th Circuit Court in Atlanta ruled twice against the Schindlers.

The vote was 2-1 the first time and unanimous the second time. The same judges heard the case each time.

Gibbs then had asked for an expedited rehearing from the full court's 12 judges; that effort was rejected by a 10-2 vote. The latest petition requested that the motion be heard en banc, or by all 12 judges on the court.

Terri Schiavo has been without the feeding tube for 12 days, since the afternoon of March 18, and doctors expect her to die at a Florida hospice within a few days.

Earlier Tuesday night, Mary Schindler made an impassioned plea to her daughter's husband, calling on him to "give my child back to me."

Mary Schindler uttered two sentences at a news conference: "Michael and Jodi, you have your own children. Please, please give my child back to me."

The mother was addressing Michael Schiavo and the woman he has been living with since the late 1990s -- Jodi Centonze -- with whom he has two children.

Late Tuesday, Felos issued a written statement saying, "The courts have repeatedly said this case is not about Mrs. Schindler, Mr. Schiavo or any other third party. It's about Mrs. Schiavo and her own wishes not to be kept alive artificially."

Michael Schiavo maintains his wife would not want to be kept alive in her condition, which courts have ruled is a persistent vegetative state. Mary Schindler and her husband claim she could improve with intense therapy.

The parents were surrounded by supporters Tuesday night outside Hospice House Woodside in Pinellas Park, including a woman carrying a sign that read, "Cowardly Jeb!"

The Schindlers contend Florida Gov. Jeb Bush could have done more to save their daughter, although he said he has done all he can legally do.

Bush pushed to have the state take custody of the woman, but a court turned down the effort. In 2003, the Florida Legislature passed a law allowing the governor to intervene, but the courts overturned it.

Felos said Tuesday night he visited Terri Schiavo about 6:30 p.m. He said her lips were moisturized and not cracked, her skin tone was "excellent," and she was being cared for by well-trained workers who are fond of her.

Felos said she has a stuffed toy animal under her arm and that there are religious pictures in her room, describing the setting as "very calm and peaceful."

His description differs from that of the Schindlers, who contend she is suffering and that her condition shows in her dry skin and chapped lips.

Bob Schindler said after visiting his daughter that "she's failing" but "doing darn good under the circumstances."

Terri Schiavo collapsed in her home in 1990, suffering from heart failure that led to severe brain damage because of lack of oxygen.

Michael Schiavo said his wife suffered from bulimia, an eating disorder, that resulted in a potassium deficiency, triggering the heart failure.

She has been in the center of a decade-long legal tug-of-war between her husband and her parents.

State courts have ruled in favor of Michael Schiavo, and the Schindlers' appeals have repeatedly been rebuffed by state and federal courts.

Brother Paul O'Donnell, a family spokesman, said Tuesday he hoped Michael Schiavo has a "change of heart" and allows his wife to live.

Jackson cites 'injustice'
The Rev. Jesse Jackson, who arrived Tuesday at the hospice, called Terri Schiavo's situation an "injustice," and sought to pressure state lawmakers to pass legislation aimed at keeping her alive.

Such a move seemed unlikely. Last week, in a 21-18 vote, the state Senate narrowly defeated a bill that would have prevented doctors from removing a feeding tube from patients who had not expressed their wishes in writing. The House passed legislation 78-37.

A Senate source told CNN that even if the body passed a bill aimed at the Schiavo case, the House wouldn't take it up until next Tuesday.

Randall Terry, an anti-abortion activist acting as a spokesman for Schiavo's parents, said Jackson gave the Schindlers' effort "new momentum."

Jackson traveled to Florida at the invitation of Bobby Schindler, Terri Schiavo's brother.

"This is one of the profound moral, ethical issues of our time, the saving of Terri's life," Jackson said. "And today we pray for a miracle."

The civil rights leader said he contacted Michael Schiavo to request a visit with Terri Schiavo, but "he said he thought no."

Jackson said he is "sensitive" to the struggles and pain that both Michael Schiavo and Terri Schiavo's parents and siblings are undergoing.

"While law is important, law must be tempered with mercy to have justice," he said.

While he has sided with the Schindlers, Jackson said in a statement last week that he had "serious misgivings about the appropriateness of Congress intervening with the legal court process on a specific, individual matter."

That statement followed congressional legislation signed by President Bush that allowed federal courts to review state court decisions in the case. (Full story)

The federal courts refused to overturn the state courts' decision. (Full story)

In his statement, Jackson added, "a consistent moral and ethical position would extend a feeding tube to all who are confronted with starvation -- to demand public, government policy to feed the hungry."

Some who support Michael Schiavo's position also gathered outside the hospice Tuesday, calling for Terri Schiavo to be allowed to "die in peace."

CNN's Ninette Sosa, Bob Franken and Rich Phillips contributed to this report.

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