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Terri's Health Wanes As Parents Appeal Again

Parents Appeal to 11th Again

PINELLAS PARK, Fla. -- As Terri Schiavo's health waned, a federal judge refused Friday to order the reinsertion of her feeding tube, thwarting another legal move from the brain-damaged woman's parents. They quickly appealed the ruling.

For a second time, U.S. District Judge James Whittemore ruled against the parents, Bob and Mary Schindler, who had asked him to grant their emergency request to resume their daughter's nourishment while he considers a lawsuit they filed.

The Schindlers appealed again to the 11th U.S. Circuit Court of Appeals in Atlanta to review Whittemore's ruling. The Atlanta court refused earlier this week to overturn a previous Whittemore ruling.

Gov. Jeb Bush has ordered his legal team to scour state laws for a way to reconnect Schiavo's feeding tube. There were calls from the parents' supporters for him to take further action.

The tube was removed a week ago on a state judge's order that agreed with Schiavo's husband, Michael, who has said she has no hope for recovery and wouldn't want to be kept alive artificially. The Schindlers believe their daughter could improve and wouldn't want to die.

In his 11-page ruling, Whittemore wrote that the Schindlers couldn't establish "a substantial likelihood of success on the merits" of their case. He also noted "the difficulties and heartbreak the parties have endured throughout this lengthy process" and praised the lawyers' civility, saying it was "a credit to their professionalism ... and Terri."

George Felos, attorney for Michael Schiavo, did not immediately return a call seeking comment on the ruling.

As of Friday morning, Terri Schiavo, 41, had been without food or water for almost seven days and was showing signs of dehydration — flaky skin, dry tongue and lips, and sunken eyes, according to attorneys and friends of the Schindlers. Doctors have said she would probably die within a week or two of the tube being pulled.

She has now been off the tube longer than she was in 2003, when the tube was removed for six days and five hours. It was reinserted when the Legislature passed a law later thrown out by the courts.

The governor's request to let the state take Terri Schiavo into protective custody was denied by a Pinellas Circuit judge on Thursday. Some Schindler family supporters say the governor isn't doing enough.

"Bob and Mary are begging Governor Bush to save their daughter on this Good Friday day," Paul O'Donnell, a Franciscan monk, said after Friday's ruling. "Now is the day. Now is the time for the governor to have courage. The governor needs to take action and take action soon. She's dying." He contended the governor still has the power to take her into protective custody.

On Thursday, Bush said his powers "are not as expansive as people would want them to be. ... I cannot go beyond what my powers are and I'm not going to do it."

A spokeswoman for the governor, Alia Faraj, said Friday he was "saddened by the decision. ... Judge Whittemore's willingness to take a look at Terri's case gave us a ray of hope."


http://news.yahoo.com/news?tmpl=story&cid=519&u=/ap/
20050325/ap_on_re_us/brain_damaged_woman_142&printer=1

Posted by Editor at March 25, 2005 09:54 AM