Court to Weigh Schiavo Emergency Motion
PINELLAS PARK, Fla. -- In a rare legal victory for Terri Schiavo's parents, a federal appeals court agreed to consider an emergency motion requesting a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube.
In its order late Tuesday, the 11th U.S. Circuit Court of Appeals didn't say when it would decide whether to grant the hearing. It was not clear what effect reconnecting Terri Schiavo's feeding tube would have on her, as she approached her 13th day without nourishment.
The order issued allowed Bob and Mary Schindler to file the appeal, even though the court had set a March 26 deadline for doing so.
Its one-sentence order said: "The Appellant's emergency motion for leave to file out of time is granted." Twice last week, the court ruled against the Schindlers.
In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. It also stated that the Atlanta federal appellate court didn't consider whether there was enough "clear and convincing" evidence that Terri Schiavo would have chosen to die in her current condition.
Attorneys for the Schindlers and Michael Schiavo didn't immediately return phone messages Wednesday.
Time was running out for Schiavo, however. Bob Schindler described his daughter on Tuesday as "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."
Doctors have said Schiavo, 41, would probably die within two weeks after the tube was removed March 18. Her husband, Michael Schiavo, insists he is carrying out her wishes by having the feeding tube pulled.
The request for a new hearing also asks to have the tube reinserted immediately "in light of the magnitude of what is at stake and the urgency of the action required."
The order was a ray of hope for the Schindlers, who are battling their son-in-law over their daughter's fate. The case has wound its way through six courts for seven years; the U.S. Supreme Court declined to intervene five times.
Protesters keeping a 24-hour vigil outside the hospice praised the latest decision.
"There's a chance for a miracle," said Christine Marriott, 43, who rushed to the hospice after hearing the news on TV. "Anything positive is a breath of life."
Early Wednesday, a man was arrested when he tried to bring a plastic cup of water into the hospice. Officers stopped him at the gate as he shouted: "You don't know God from Godzilla!"
He became the 48th protester arrested since the tube was removed on a court order sought by her husband. Terri Schiavo suffered catastrophic brain damage in 1990 when her heart stopped for several minutes because of a chemical imbalance apparently brought on by an eating disorder.
The Schindlers have maintained that their daughter would want to be kept alive.
Their attorneys raised the issue of the new request after a Saturday deadline set by the court, saying they have had more time to research the issues and have become convinced that the federal court in Tampa had "committed plain error when it reviewed only the state court case and outcome history."
Attorneys for the Schindlers have argued that Terri Schiavo's rights to life and privacy were being violated.
"I think the courts want to be sure that there's no accusation that any legal argument was ignored," said attorney Neal Sonnett, former chairman of the American Bar Association's criminal justice section.
Federal courts were given jurisdiction to review Schiavo's case after Republicans in Congress pushed through unprecedented emergency legislation aimed at prolonging her life. But federal courts at three levels have rebuffed her parents.
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Posted by Editor at March 30, 2005 08:38 AM
