Unless there is further action, my reading of the court documents shows that once again, Terri Schindler's husband has court authority to start starving her to death at 10 am Pacific Time, today, February 22.
I blogged about Schindler-Schiavo about a year ago. I was thrilled when Jeb Bush intervened to stop her starvation. As with most adversarial cases, what might have been a resolution was just another battle. The law allowing the Governor to keep her alive was struck down and the US Supreme Court did not step in. I wondered if there was any hope. Well, I still wonder that but others are stilll waging the good fight.
I got an email invitation to Blogs for Terri a couple of days ago. Tongiht I see both Dean and xrlq are still in the trenches. There are few if any bloggers I respect more than those two.
So we're in. Start with the interview of Bobby Schindler. Here's an excerpt:
Lastly, state agencies that are in place to protect people like my sister are grossly failing their responsibilities to protect vulnerable adults like my sister.There has never been an investigation conducted to see if Michael Schiavo attacked Terri the night she collapsed, despite the overwhelming evidence that has been gathered the last two years suggesting that something horrible happened to Terri that night (Please visit www.zimp.org/stuff). For example, there exists a bone scan taken in 1991, illustrating broken bones throughout Terri's body, but only was recently discovered in November 2002, and no agency in the state of Florida seems to care how this occurred, and that Terri's husband might be the reason Terri's in the condition that she is in today.
These state agencies are also permitting the abuse/neglect of my sister regardless of numerous Florida Statutes that are clearly being violated. These agency have a responsibility and a duty to protect vulnerable adults, but for some unexplained reason they will not intervene in my sister situation
The list of action items are at the main website -- Terri's Fight.
Blogsforterri is planning a fullpage ad in the St Petersburg Times. The logic is that most of the news that Terri was and is a vegetable comes from there.
UPDATE: Judge Greer has issued a stay and feeding cannot be removed until 5 pm EST the 23rd and he will hear the emergency motion and consider the appellate court decision, apparently by then.
Posted by Justene Adamec at February 22, 2005 03:18 AM | TrackBackI thought this issue had been fully and fairly litigated. After its resolution, the governer passed a law aimed at the specific conduct at issue. The Florida Supreme Court invalidated that law. The "case" so to speak has been pretty much decided, no?
I'm curious to hear what you read (other than this interview) that really sold you.
Posted by: Balasubramani at February 22, 2005 07:22 AM (Permalink)It comes down to this for me:
I could be wrong and she could be braindead, completely totally, call it persistent vegetative state (PVS) or whatever words signify death to you. In that case, the wrong choice I make leaves one dead person on life support.
Suppose I am right and there is life there. The wrong choice in that case starves to death a living person without justification.
I can't find any, any, any justification for taking chance 2.
I recall Karen Ann Quinlan in the 70s. Just as controversial. The issue was whether the parents had the right to stop the breathing machine. Eventually they won and did. They pulled the plug. Quinlan lived on for over a decade, despite all the medical testimony I had read at the time.
Maybe some day, there will be clearer guidelines. We no longer have to hold the three day wake to see if the person is really dead before we accidentally bury them alive. However, we still don't know for sure what is in the brain. Until we do, there should not be this choice and certainly there should not be a choice in the hands of someone whose motives have even the slightest taint.
There is an entire birth family willing to care for her, even if she is in PVS. Why won't we let them?
Posted by: Justene at February 22, 2005 08:09 AM (Permalink)The fact that the entire family is willing to take her and that all they ask of Mr. Schiavo is that he file for a divorce and go away and leave her with them was the selling point for me here.
Posted by: Dean Esmay at February 22, 2005 08:36 AM (Permalink)I thought the whole point was to effectuate her intent, which presumably was hashed out to no end in the litigation. Her family's wishes should not necessarily be allowed to override her own.
So what is the bottom line of those arguing against letting this happen, because the family is willing to care for her and her husband re-married, evincing his lack of commitment towards her? I read through all that stuff and I wasn't sure.
Posted by: Balasubramani at February 22, 2005 09:42 AM (Permalink)Dean, Justene, Xrlq, and I (and countless others) have blogged at great length about this. If I were not commenting on a Treo from jury duty, I'd give you better links, but one place to get information is in the "Schiavo" category at my site.
Posted by: Patterico at February 22, 2005 10:06 AM (Permalink)I have searched through Patterico's, XLRQ's, Dean's and Justene's blogs and have yet to come across any particular reason why the woman's intentions should not be honored.
Feel free to point to any quick link.
Posted by: Balasubramani at February 22, 2005 11:23 AM (Permalink)As a policy point, I do not think we determine her intent from the quality of evidence they had. For example, the husband said she watched a program on TV and said she didn't want to live like that. We should not be basing it on credibility or on statements made in conversation. That's why we have Living Wills and Durable Power of Attorney.
Also her intentions, even the evidence I have read do not distinguish between breathing machine and starvation.
Finally, her intention refer to not living as a vegetable and there's still a question of whether she is and my belief we should err on the side that she is not.
I have typed up something once on her intentions but I do not know if it is here on this blog or in someone's comments once. Sorry.
I did at some point read a FL newspaper article interviewing Felos and his take on the case. That was a s favorable to the other side as anything could be. That may be linked here on Calblog. Search Felos instead of Terri. I have seen the husband's evidence of her intention but a year later, I can't guess where.
Posted by: Justene at February 22, 2005 11:34 AM (Permalink)Since it is only her husband (and/or his family) supporting these so-called wishes, it should not be taken as gospel these are definitely her wishes. Considering there is alleged abuse in their history, his statements should be suspect. She should be given the therapy that was argued for in the malpractice suit and let her family care for her. It makes no sense that her husband, who has made a family with another woman, maintains ties with Terri. What is the purpose? To see her nonexistent living will wishes carried out? Really?? In Florida it is a requirement that before a person's feeding tube is discontinued that there be a written end of life document. There is none for Terri. So why are they not holding to this law? To remove the feeding tube and to let her starve is murder. In this case, apparently legalized by the Florida courts. Sad.
Posted by: Diane at February 22, 2005 03:54 PM (Permalink)If you read the top entry in my Schiavo category, click on the links, and still think she should be dehydrated and starved to death, then there's nothing more I can say to you. It's pretty much all there.
Posted by: Patterico at February 22, 2005 05:21 PM (Permalink)At 2:45 pm Eastern time the judge is ruling on the matter. At that point, we should all be sending prayers to God asking for a miracle--
1. that the court wakes up to the injustices and inconsistencies Terri has been subjected to, and lets her feeding tube remain,
2.her husband is removed as her legal guardian,
3. and her family is finally permitted to give her the care and rehabilitation she is entitled to and won support for in the malpractice suit.
God bless Terri and her family.