Newswire

Terri's father: 'Down to her last hours'

Time's Running Out, Jeb

PINELLAS PARK, Florida -- The father of Terri Schiavo, the severely brain-damaged woman whose feeding tube was removed a week ago, said Friday his daughter is "down to her last hours."

Bob Schindler, Schiavo's father, said, "Terri is weakening. ... Something has to be done, and has to be done quick."

Schindler said the family's hopes lie with the 11th U.S. Circuit Court of Appeals in Atlanta, Georgia, which is hearing -- for the second time this week -- an appeal claiming Schiavo's due process rights have been violated.

Schiavo is in her seventh day without food or water since Pinellas County Circuit Judge George Greer ordered the tube removed for the third time.

The case is again in the federal appeals court, where a three-judge panel will rule on the motion filed by attorneys for Schiavo's parents.

"We've had some of the best legal minds in the country working on this," Schindler said. "I do think that what was presented last night in federal court is very, very viable, and we're encouraging the appellate court to take a hard look at this thing and to do the right thing."

Early Friday, U.S. District Court Judge James Whittemore denied an emergency request from the parents of Terri Schiavo to have her feeding tube reinserted.

The Schindlers had taken their case to federal courts after a special law was passed early Monday by Congress. After the first appeal ended with the refusal of the U.S. Supreme Court to become involved, the parents went back to Whittemore on Thursday night, arguing he ignored evidentiary issues the first time.

Friday morning, Whittemore denied the latest appeal.

Schiavo's feeding tube was removed March 18 after a years-long fight by her husband, Michael Schiavo, who has argued she had said, before her illness, that she would not want to continue living if she were in such a condition.

Schiavo's parents have fought to have the feeding tube restored. They argue that their daughter never made such a right-to-die declaration and that she would not want to be, in their words, "starved to death."

The tube had been removed twice before -- for two days in 2001 and six days in 2003.

State court setbacks

In another setback for the parents Thursday, Greer rejected a request to hear new medical testimony from a doctor who disagrees with the prevailing diagnosis that Schiavo is in a "persistent vegetative state." Greer also barred state authorities from taking Schiavo into their custody.

Schiavo's parents have said that in the 23 decisions against them, judges have not considered all the facts and, in fact, are joining forces in what Bob Schindler called a "crusade to kill" his daughter.

Schiavo has been hospitalized, bedridden and unable to speak or feed herself since 1990, when she suffered heart failure linked to an eating disorder. The courts have consistently agreed with doctors hired by Michael Schiavo and appointed by the court who have concluded that the 41-year-old woman is in a persistent vegetative state.

But Dr. William Cheshire, a neurologist at the Mayo Clinic-Jacksonville, examined Schiavo's medical records and watched videotapes provided by her parents and concluded she was "most likely in a state of minimal consciousness."

Based on that diagnosis, Florida Gov. Jeb Bush ordered the state Department of Children and Families to make a new effort to intervene in the case on Wednesday.

Greer rebuffed those efforts in a series of rulings on Thursday, and the state Supreme Court rejected an appeal of that decision Thursday evening.

The justices have declined five previous opportunities to get involved in the issue, including an effort by a congressional committee to place Schiavo under federal protection through a subpoena.

Meanwhile, Schindler supporters were planning an all-day Good Friday prayer vigil at the Florida governor's mansion as part of an effort to persuade Bush to intervene, despite his comments Thursday that he cannot overstep his gubernatorial powers.

Bush -- the brother of President Bush -- has taken action in the past, prodding the state legislature to pass laws, later found unconstitutional, to keep her alive. He tried again Wednesday, but the state Senate defeated the attempt.

Differing descriptions of Terri

George Felos, the attorney for Schiavo's husband, said Michael Schiavo is at his wife's bedside, where he has been since shortly after her feeding tube was removed last Friday.

Felos told CNN that Terri Schiavo appears "peaceful" and "is in her dying process." She is going through what "millions go through during their death process," he said.

Michael Schiavo's brother, Brian, also said his sister-in-law appeared "peaceful."

"She's lying there. Sometimes her mouth is agape," he said. "She's not too different from when I saw her the day before."

Brian Schiavo said she appears "withdrawn," but "she is not in pain."

The Schindlers visited their daughter in the Pinellas Park hospice Thursday afternoon. Anti-abortion activist Randall Terry, who is acting as a spokesman for the Schindlers, said Mary Schindler became "physically ill" during the visit and had to leave the hospital room.

"The family said she (Terri Schiavo) is gaunt ... her voice is very weak. Her breathing appears to be somewhat struggled," he said.

Brother Paul O'Donnell, a spiritual adviser for the Schindlers, said their "hope is dimming."

"They're very disappointed," he said. "They're in shock. They can't believe this is happening. They hope the governor is going to do something, but this is a severe blow when Terri's life hangs in the balance."

Tight security

Protesters, most of them supporting the Schindlers, have gathered outside the hospice where security has been tight.

Law enforcement officials detonated a backpack Thursday night that was leaning against the federal courthouse where Whittemore was conducting the latest hearing. The woman who had left the pack later said that there was nothing dangerous in it.

Also Thursday night, police arrested an Illinois man they said robbed a Seminole, Florida, gun store as part of an attempt to "rescue Terri Schiavo."

Michael W. Mitchell, 20, faces charges of attempted armed robbery, aggravated assault and criminal mischief, said Marianne Pasha, spokeswoman for the Pinellas County Sheriff's Office.


http://www.cnn.com/2005/LA
W/03/25/schiavo/index.html

Posted by Editor at March 25, 2005 01:42 PM