Jack Moroney (RIP)
03-22-2005, 06:25
http://online.wsj.com/article/0,,SB111149083467286170,00.html?mod=home_whats_new s_us
Bill Harsey
03-22-2005, 09:05
Jack, or anyone else closeby,
Do you have to subscribe to get the page you linked open?
(just a country boy who doesn't know how to work the big city newspapers...)
Jack Moroney (RIP)
03-22-2005, 09:52
Sorry about that Bill. I guess I was really pissed and wasn't thinking when I copied the URL. I know that the judge has to follow the law but can't help thinking that if this was my daughter there would be a lot of hell to pay for all concerned.
Jack Moroney
WORLD NEWS
KEY DATES IN THE CASE
Here is the timeline in the case of Terri Schiavo, who has been at the center of a protracted legal battle between her husband and parents over the husband's attempts to remove her feeding tube:
• Feb. 25, 1990: Terri Schiavo collapses in her home from possible potassium imbalance, temporarily stopping her heart and cutting off oxygen to her brain.
• November 1992: Schiavo's husband, Michael, wins more than $1 million in malpractice suit.
• July 29, 1993: Upset over Terri Schiavo's care and the lawsuit money, her parents, Bob and Mary Schindler, try to have Michael removed as Terri's guardian. The case is later dismissed.
• Feb. 11, 2000: Circuit Judge George W. Greer approves Michael Schiavo's request to have Terri's feeding tube removed.
• April 2001: State and U.S. supreme courts refuse to intervene, and Terri Schiavo's tube is removed, but another judge orders it reinserted two days later.
• Feb. 13, 2002: Mediation attempts fail, and Michael Schiavo again seeks permission to remove feeding tube.
• Nov. 22: After hearing medical testimony, Judge Greer finds no evidence that Terri Schiavo has any hope of recovery and again orders tube removed.
• Oct. 15, 2003: Tube removed for second time.
• Oct. 21: Gov. Jeb Bush signs hastily passed bill allowing him to intervene, then orders tube reinserted.
• Dec. 2: Independent guardian finds "no reasonable medical hope" that Schiavo will improve.
• Sept. 23, 2004: Florida Supreme Court strikes down "Terri's Law" as unconstitutional.
• Feb. 25, 2005: After declining to give the Schindlers more time to pursue other legal and medical options, Judge Greer gives permission for tube removal at 1 p.m. March 18.
• March 16: U.S. House passes a bill aimed at keeping Terri alive.
• March 17: Florida House passes a bill intended to keep Terri alive; U.S. Senate passes bill different from U.S. House version.
• March 18: Congressional Republicans try to put off tube removal by seeking her appearance at hearings, but Greer rules the tube must be removed.
• March 19: Congressional leaders from both parties reach deal on bill that would allow the tube to be reconnected while a federal court reviews the case. The White House said President Bush would sign the bill when it is passed.
• March 20: Congress passed the bill early Monday morning after an emergency session and President Bush signed it.
Federal Judge Refuses
To Order Reinsertion
Of Schiavo Feeding Tube
A WALL STREET JOURNAL ONLINE NEWS ROUNDUP
March 22, 2005 10:51 a.m.
TAMPA, Fla. -- A federal judge Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents.
The ruling by U.S. District Judge James Whittemore comes after feverish action by President Bush and Congress on legislation allowing her contentious case to be reviewed by federal courts.
The judge said the 41-year-old woman's parents hadn't established a "substantial likelihood of success" at trial on the merits of their arguments.
Rex Sparklin, an attorney with the law firm representing Bob and Mary Schindler, Terri Schiavo's parents, said lawyers were immediately appealing to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life." That court was already considering an appeal on whether Terri Schiavo's right to due process had been violated.
Bobby Schindler, Terri Schiavo's brother, said his family was crushed by the decision. "To have to see my parents go through this is absolutely barbaric," he told ABC's "Good Morning America" on Tuesday. "I'd love for these judges to sit in a room and see this happening as well."
Judge Whittemore's decision comes after feverish action by President Bush and Congress on legislation allowing the brain-damaged woman's contentious case to be reviewed by federal courts.
The tube was disconnected Friday on the orders of a state judge, prompting an extraordinary weekend effort by congressional Republicans to push through unprecedented emergency legislation early Monday aimed at keeping her alive.
Ms. Schiavo didn't have a living will. Her husband, Michael Schiavo, has fought in courts for years to have the tube removed because he said she wouldn't want to be kept alive artificially and she has no hope for recovery. Her parents contend she responds to them and her condition could improve.
The ruling came after a nearly two-hour hearing Monday, during which David Gibbs, an attorney for the Schindlers, said that forcing Terri Schiavo to die by starvation and dehydration would be "a mortal sin" under her Catholic beliefs. "It is a complete violation to her rights and to her religious liberty, to force her in a position of refusing nutrition," Mr. Gibbs had told Judge Whittemore.
But the judge told Mr. Gibbs that he still wasn't completely sold on the argument. "I think you'd be hardpressed to convince me that you have a substantial likelihood" of the parents' lawsuit succeeding, Judge Whittemore said.
George Felos, one of the attorneys for Michael Schiavo, Ms. Schiavo's husband, told Judge Whittemore that the case has been aired thoroughly in state courts and that forcing the 41-year-old severely brain-damaged woman to endure another re-insertion of the tube would violate her civil rights.
"Every possible issue has been raised and re-raised, litigated and re-litigated," Mr. Felos said. "It's the elongation of these proceedings that have violated Mrs. Schiavo's due process rights."
Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly because of a possible potassium imbalance. She can breathe on her own, but has relied on the feeding tube to keep her alive.
Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery, while her parents insist she could recover with treatment. Doctors have said she could survive one to two weeks without the feeding tube.
Bill Harsey
03-22-2005, 13:30
Got it. Thanks.
Hearsay isn't admissable in court but seems to be ok this time.
One never knows what he would do until directly confronted with the situation.
I have to admire the tenacity of the parents. They have not won a single court case in fifteen years, yet keep trying.
I feel that the real issue at stake is who is can legally speak for Terri. IMO it is the husband and not the parents. To decide otherwise would open a whole new can of worms.
This is not to say that I agree with the hysband's decision. :confused:
True, but who/what is her husband? The guy with a GF and two new kids. Hannity had a nurse on today that cared for Terri for a year and a half. Incredible stuff. She was instructed to follow her (Terri's) husband's demands, not those of Woodside or normal care. This was in the 90's. He forbid any physical therapy. Ragged on the RN's, had the place scared to death of lawsuits. He asked her one time (late 90's) "is the bitch dead yet?", or she overheard him ask another nurse. I was in and out of the car, missed some, this is the jist of what I did hear. Can give you my opinion of this mutt, but y'all can form your own.
Just heard on the radio, that the court decided 3 to 1 or 3 to 2 (just walked back into the room, may have missed all of the info) NOT to reinsert Terri's feeding tube. This is quick, need to check the web.