DAWN Ontario: DisAbled Women's Network Ontario


The case of Terri Schindler-Schiavo
The world debated as Terri's life hung in the balance

Terry Schindler- Schiavo: 1963 - 2005 - graphic by  Daniel

Dead : after 13 days without food and water

The debate over end-of-life issues continues...

Are we are a Culture of Life or are a Culture of Expediency
with a duty to die once we are not productive?

contents

arrowKey Quotes: Reactions following the announcement of Terri Schiavo's death
arrow
Published Commentary from Disability Community
arrow
Links to Recent Media Coverage - News & Commentary
arrowExcerpts of emails/letters from the Public
arrowTerri Schiavo Timeline (CBC vs Associated Press)
arrowFAQs about Terri Schiavo
arrowCommon Myths about Terri's situation
arrowPhotos from protests at Press Conferences for Terri Schiavo in 2005
arrowMary & Bob Schindler's letter to Michael Schiavo dd July 16, 1993
arrowMichael Schiavo - A Husband With an Agenda
arrowCourt Developments
arrowAffidavit of Suzanne Vitadamo - Terri trying to speak
arrowAffidavit of Attorney Weller - Terri trying to speak
arrowTAKE ACTION - Sign the Petition to Save Terri Schiavo
arrowImage Gallery of Terri Schiavo controversy
(external link)

 


The extreme right wing & its faith-based agenda support, "life at all cost"
Polls reflect a majority in public opinion that we're "better off dead"
We say, "Don't assume our lives aren't worth living"

Sadly, all too many don't "get" the difference!


 

When Terri was competent, she had a fundamental right of self determination regarding decisions pertaining to her health, including the right to choose or refuse medical treatment. But when she became incompetent, these rights became exercisable by her husband, who is her guardian. And it is the conflict of these two rights — a legislatively-recognized right of self determination as presently exerted by her guardian, and a constitutionally inalienable right to enjoyment and defense of life as raised by her parents — that has become an epic legal battle.

Some argue that what makes this matter so difficult is that Terri cannot speak for herself. But it is clear that Terri is not terminally ill. Judge Greer expressed this well in his order, stating that “there appears to be no finality in sight to this process.” That her disability precludes her from objecting to the imposition of death by starvation and dehydration has given the Florida Circuit Court cause for years of deliberation on whether her life may be so taken.

But is it really that complicated? Terri has committed no capital offense. She has not asked that her life be taken. She continues to live with her disability and has not abandoned her right to defend her life. Absent the gravest of circumstances, the State must defend her life.

And the State must also ask, given the conflict of a legislatively recognized right and a constitutionally inalienable right, how shall the State proceed? Here again, the presumption must be for the defense of life. Terri’s inalienable right to defend her life may not be taken from her by her guardian, or by the Florida Legislature, or by the Florida Courts. If her guardian refuses to exercise it, the State of Florida must do so. If the State of Florida will not do so, then the United States must.

If we have come to the point that a severely disabled person, or even a person in a persistently vegetative state, may have their lives devalued and their inalienable Constitutional rights arbitrarily removed by legislative or judicial fiat, then we have reached a dangerous point indeed. For, in order for the rights of the remainder of us to be preserved, we must then argue that such humans in general, and that Terri Schiavo in particular, no longer can be considered true “natural persons.” We must argue that because a human no longer can react, or feed herself, or enjoy life, that she has become less than a person. We must argue that, because of criteria regarding physical disability which we have established legislatively or judicially, the basic rights of these individuals may be removed on the basis that they have forfeited personhood.

And if we have reached the point that personhood, and basic rights, may depend on the vagaries of physical debility, who is to say that in another time, another legislature and another judge may not define personhood by criteria of race, or religion, or national origin? Who has forgotten that in another time, legislatures and judges did just that?

The only positive outcome from this case is that it raises public awareness of the importance of discussing end-of-life issues with family members and underscores how an advance directive, a living will and/or durable power of attorney for health care, clarifies and provides evidence of the wishes of an individual regarding end-of-life decisions.

DAWN Ontario encourages everyone to have an advance directive in place. Our thoughts and prayers go out to the family of Terri Schindler-Schiavo.



"Don’t imagine this case doesn’t set a precedent. Once we start deciding who deserves to live and who doesn’t, where do we stop? How do we stop?

Part of my silence [up to now] on the issue, aside from not knowing quite what to believe with all the strong words out there, has come from sheer disbelief that we have come to this."


“It really is a slippery slope.” If so, we’ve already slipped all the way down to the bottom and have begun to dig. It is only a matter of time until courts and hospital “ethics” committees routinely decide who lives and who dies, without regard to the wishes of the patient or any members of the patient’s family.

They will evaluate your “quality of life” and decide whether you are worth taking up a spot on the planet. In the Schiavo case, they are purporting to take her wishes into account, and are actually choosing the wishes of her husband over all her other family members. But that’s this time. In other cases, they ignore the family’s wishes as well, and soon this will become routine."


 

The Quote that says it all...

“The law of this case is that she will die… I don’t want anyone trying to feed that girl.”

~ Pinellas County Probate Judge George Greer
http://www.theempirejournal.com/35052_schiavo_judge_tells_dcf.htm

[I suppose that’s why they have an armed guard in her room to make sure her mother doesn’t put a drop of water in her mouth.]


Key Quotes

Reactions following the announcement of
Terri Schiavo's death:

 

Today, millions of Americans are saddened by the death of Terri Schiavo. The essence of civilization is that the strong have a duty to protect the weak.

In cases where there are serious doubts and questions, the presumption should be in favour of life.

I urge all those who honor Terri Schiavo to continue to work to build a culture of life where all Americans are welcomed and valued and protected, especially those who live at the mercy of others.

~ President George W Bush


Terri's will to live should serve as an inspiration and impetus for action.

~ House Judiciary Chairman James Sensenbrenner


Mr Schiavo's overriding concern was [that] Mrs Schiavo has a right and had a right to die with dignity. And die in peace. She had a right to have her last and final moments on this earth be experienced by a spirit of love and not of acrimony.

~ George Felos, lawyer for Michael Schiavo, Terri's husband


This is indeed a sad day for the nation, for the family. Their faith in God remains strong. God loves Terri more than they do. She is at peace.

~
David Gibbs III, a lawyer for Terri Schiavo's parents


Mike's very upset. My sister's crying. It's very emotional. It's been a long, hard fight, but I believe she's happy. Terri's probably happy now to be free and not be shown all over TV. I would imagine if it was me I'd be very embarrassed, everybody looking at my picture lying there.

~ John Centonze, brother of Jody Centonze, Michael Schiavo's fiancee


I'm saddened by her passing, and I'm pained by it. It's unnecessary, in the end. She was starved and dehydrated to death. To me, it was merciless rather than merciful.

~ Rev Jesse Jackson, who supported the Schindlers


This is not only a death with all the sadness that brings, this is a killing. And for that we not only grieve that Terri has passed but we grieve that our nation has allowed such an atrocity as this and we pray that it will never happen again.

~ Frank Pavone, director of Priests for Life


She's got all of her dignity back. She's now in heaven, she's now with God, and she's walking with grace.

~ Scott Schiavo, Michael Schiavo's brother


Mrs. Schiavo's death is a moral poverty and a legal tragedy. This loss happened because our legal system did not protect the people who need protection most, and that will change.

The time will come for the men responsible for this to answer for their behavior, but not today. Today we grieve, we pray, and we hope to God this fate never befalls another.

Our thoughts and prayers are with the Schindlers and with Terri Schiavo's friends in this time of deep sorrow.

~ Congressman Tom DeLay


It's heart-breaking. My thoughts and prayers go out to her family. To all the people that wanted her to live, this was a very, very emotional couple of weeks.

This issue transcends politics. Her experience will heighten awareness of the importance of families dealing with end of life issues. That's an incredible legacy.

I wish I could have done more. As governor, this has been the toughest [issue I have had to deal with].

~ Florida Governor Jeb Bush


In doubt, be for life and avoid what in practice and without euphemisms would represent a murder, to which it is impossible to be a passive observer without becoming an accomplice.

~ Vatican Cardinal Renato Martino


Source: amended from: BBC News


Published Commentary from Disability Community


No Guts No Glory

"The women's movement doesn't know how to be revolutionary anymore."
by Ingrid V. Tischer
Ragged Edge, Oct. 2003

Terri Schiavo: It's Not Just About Terri Any More
A perspective from a 17-year survivor of ALS

... The tragedy of Terri Schiavo should scare the Hell out of all Americans, because our courts have now established what level of human impairment is worth living. Mark my words, this benchmark will not remain static.
by David Jayne, CEO - Homebound Solutions LLC, www.RespiteMatch.com

DAWN Ontario, April 7, 2005

You Too Can Lose Weight and Keep it Off: The Terri Schiavo Success Story
by Zeynep Toufe, DAWN Ontario, April 1, 2005

Articulating our perspective to progressives
by Josie Byzek, Ragged Edge Online, March 25, 2005

Why Schiavo case worries the disabled
by William G. Stothers, Toronto Star, March 25, 2005

Bigotry and the Murder of Terri Schiavo
by Joe Ford, The Harvard Crimson, March 25, 2005

Has disability become a capital offense?
by Gary Presley,
Springfield (MO) News-Leader, March 23, 2005

Not Dead at All
Why Congress was right to stick up for Terri Schiavo
by Harriet McBryde Johnson, Slate.com

Against the killing of the light
Ed Smith, CBC DisabilityMatter, March 22, 2005

No, It's Not About Terri Schiavo Anymore
by Mary Johnson, CommonDreams.org, March 22, 2005

Disability Advocacy Organizations Voice Support For Terri Schindler-Schiavo
Florida Woman's Case Could Impact Millions with Disabilities
American Association of People with Disabilities (AAPD), October 29, 2003

Issues Surrounding Terri Schindler-Schiavo Are Disability Rights Issues, Say National Disability Organizations
ZMAG, Disability Rights Watch, Oct. 27, 2003

 

April 9, 2005

Analysis: You Be The Judge: Was Terri Schindler- Schiavo A Strangulation Victim?
by The Empire Journal

Of Maturity and Murder: George Felos, Adolf Hitler, and an American Majority
by Brian Melton
Chron Watch

 

April 8, 2005

Schiavo case pertains to life, choice, due process
Balancing out the Bias
by James Mack, Jr.
The Triangle - Student Newspaper at Druxel University

Excerpt:
I honestly can't think of one ordinary citizen who captured the nation's attention so quickly as Terri Schiavo. Barnum and Bailey's would be jealous at the three-ring circus her story created down south. Parents vs. Husband. Religion vs. Family. Values vs. Law. So many issues surrounded her last days, and so much anger enveloped one person's life.

Schiavo doomed by biased polls
Letter to Editor by Alice Kennedy
Pittsburgh Tribune-Review

 

April 7, 2005

Schiavo Case: Living Wills, Autopsy Not the Answer
Priests for Life Press Release

Schiavo story provokes new interest on issue
Local attorney says living wills are being taken more seriously
by Jennifer Amato, Staff Writer
Suburban GMN News

Issues in Schiavo case live on, disability-rights group says
by Ruth Holladay
IndyStar.com

A Right to Health Care and a Right to Die
Tug of War with Terri Schiavo

by Alan Maass
CounterPunch.org

Terri Schiavo: It's Not Just About Terri Any More
A perspective from a 17-year survivor of ALS

... The tragedy of Terri Schiavo should scare the Hell out of all Americans, because our courts have now established what level of human impairment is worth living. Mark my words, this benchmark will not remain static.

by David Jayne
DAWN Ontario

 

April 6, 2005

Hundreds Gather to Mourn Terri Schiavo
Hundreds of Mourners Gather to Remember Terri Schiavo at Funeral Mass Arranged by Her Parents

by Mitch Stacy
The Associated Press

Where were Schiavo's loved ones as eating disorder led to downfall?
by S. Jennifer Hunter
Chicago Sun-Times

 

April 5, 2005

Pope John Paul and Terri Schiavo
by Doug Hagin

Renew America

Teresa Schindler-Schiavo: The Final Chapter
by Barbara J. Stock
Chron Watch

The Execution of Terri Schiavo
by Judie Brown
Washington Dispatch

Terri Schiavo - The Legislative Aftermath
Center for Practical Bioethics Statement

Issues raised by Schiavo won't die
by Mary Laney
Chicago Sun-Times

Kristol: Why No 'Evolving Standards of Decency' for Terri Schiavo
www.newsmax.com

Terri Schiavo's affliction
Boston Globe Editorial

 

April 4, 2005

The Tragedy of Terri Schiavo: A Nurse's View
by Sheila M Blanchet RN

DAWN Ontario

Terri's Fight, Our Battle
by Michael Nevin, Jr.
Chron Watch

When Facts Collide With Beliefs
by Jay Bookman
Atlanta Journal-Constitution / Georgia
reprinted on CommonDreams

Stories Sway Personal Choice
by Paul Rogat Loeb
USA Today

The Culture of Life
by Roberto Rodriguez
Published on Column of the Americas
reprinted on CommonDreams

 

April 3, 2005

Reality of Schiavo case is lost in loose talk
by Robert Robb, columnist
Arizona Republic

Terri Schiavo - Lessons Learned
Center for Practical Bioethics
Press Release dd April 3, 2005

 

April 2, 2005

The execution of Terri Schiavo
by David Huntwork
Renew America

Excerpt
In February 1990, a sudden loss of oxygen to the brain left Theresa Marie Schiavo in a coma and eventually in a profoundly incapacitated state. Terri's husband, Michael Schiavo, took care of her, working alongside Terri's parents. He took her to numerous doctors; he pursued experimental treatments; he sought at least some modest restoration of her self-awareness. In November 1992, he testified at a malpractice hearing that he would care for Terri for the rest of her life, that he "wouldn't trade her for the world," that he was going to nursing school to become a better caregiver. He explicitly reaffirmed his marriage vow, "through sickness, in health."

When one doctor suggested that he remove Terri's feeding tube he replied that "I couldn't do that to Terri," and let her die of dehydration. Yet by 1993 such sentiments increasingly fell by the wayside as Michael's interests focused elsewhere. He was moving on and his brain damaged wife was becoming a mere problem and inconvenient tie to the past. ...

The nationwide debate has not ended with Terri's passing but has just begun. Political blood will be shed and with both barrels blasting the various sides will begin the long battle over whether we are a culture of life or a culture of expediency with a duty to die once we are not productive. Fascist regimes glorify the killing of the weak, the disabled, the helpless and 'useless' eaters that exist among us, not a civilized Western society with a heart of compassion.


Michael Schiavo in hiding after death threats
by Jacqui Goddard in Pinellas Park, Florida
News Telegragh - UK

Excerpt
Anger at Mr Schiavo's actions has been fuelled by the revelation that a court order from a county judge, George Greer, who repeatedly refused the Schindlers' pleas to let their daughter live, will allow him to have her cremated and her ashes interred in Pennsylvania. The Schindlers' request for a share of the ashes or even a lock of their daughter's hair has also been refused.

Analysis: Lawmakers ponder Schiavo case
by Les Kjos Miami
New Kerala, India

Terri Schiavo Cremated Amid Family Feud
By Vickie Chachere
Associated Press Writer
Guardian Unlimited

We must learn a lesson from Terri Schiavo
by Kevin Myers
Opinion Telegraph - UK

Autopsy of Terri Schiavo Completed
by Vickie Chachere
Associated Press Writer
Guardian Unlimited

Who is Brain-Dead?
by Alan Kobrin
CommonDreams.org

Who was Terri Schiavo?
Herald-Leader Wire Services

Overkilling Schiavo
by Rachel Marsden

Toronto Free Press

Schiavo case tests America
by Justin Webb
BBC Washington correspondent
BBC News

Who Is Judge George (Boss) Greer? [The Terri Schiavo Case Isn't Over]
by Ken Hughes
Useless-Knowledge.com

Terri Schiavo Case Mythology
by Brooks A. Mick, M.D.
Useless-Knowledge.com

Schiavo's autopsy done; 2 funerals are planned
Associated Press

 

April 1, 2005

You Too Can Lose Weight and Keep it Off: The Terri Schiavo Success Story
by Zeynep Toufe
DAWN Ontario

The Murder of Terri Schiavo
by Burt Prelutsky
Chron Watch

Playing God with Terri Schiavo, and millions found it moral
by Jonathan Law
Star Tribune

Schiavo's Family Plans Separate Funerals
Fight Over Terri Schiavo Goes on After Her Death As Parents, Husband Plan Separate Funerals

by Mark Long
The Associated Press
ABC News

Theresa Marie Schiavo
New York Times, Editorial

Schiavo's Case May Reshape American Law
by Sheryl Gay Stolberg
New York Times

Terri Schiavo's Parents Needed Activist Judges: Ann Woolnar
by Ann Woolner
Bloomberg.com

Anger growing over Schiavo death
A political row has broken out in the US after the death of Terri Schiavo, the brain-damaged woman at the heart of a long-running legal dispute

BBC News, UK Edition

Mourning Marks Terri Schiavo's Death
Voice of America (VOA) News

'Culture of Life' is a Culture of Fear
by Ira Chernus
CommonDreams.org

Terri Schiavo and Troubling Concerns
by Matthew Rothschild
The Progressive

Schiavo legacy will continue after her death
Though Terri Schiavo has now passed away, those who supported her right to die are vowing to continue to keep up her fight. So are those who wanted her kept alive.
Angela Mulholland
CTV.ca News

Schiavo's death steps up push for end-of-life legislation in U.S.
by Seattle Times news services

Funeral location kept private to bar parents, relative says
Terri Schiavo's ashes will be buried in an undisclosed location near Philadelphia so that her immediate family doesn't show up and turn the burial into a media spectacle, a member of the Schiavo family said yesterday.
by Michael Rubinkam
The Associated Press

Seattle Times

Young woman sought sunshine, made headlines
by Anne Hull
The Washington Post
Seattle Times

Death doesn't end war of words among family members, backers
by Phil Long, Erika Bolstad and Martin Merzer
Knight Ridder Newspapers
Seattle Times

 

 

March 31, 2005

Terri's Death was Euthanasia rather than Natural Death
by Alex Schadenberg, Executive Director, Euthanasia Prevention Coalition

Terri Schiavo: Stealing Heaven's Fire
by Karen Pittman
Chron Watch

Terri Schiavo dies but bitter divide remains
by Jane Sutton
Reuters

Right emboldened by Schiavo case
The death of Terri Schiavo is unlikely to be the end of the debate over end-of-life issues in the United States

by Kevin Anderson
BBC News, Washington

Terri Schiavo Dies, Ending Seven-Year Legal Fight
Bloomberg.com

After long struggle, Terri Schiavo dies at 41
CTV.ca News Staff

It's arrogance to decide it's time for Schiavo to die
by Mary Mitchell, Sun-Times Columnist
Chicago Sun-Times

Conservative Elders Smack Bush for Schiavo Position
President's allegiance to religious right sets Republican Party adrift
by James Ridgeway

A Political Circus Comes to Its Personal Close
Terri Schiavo is gone
by Sharon Lerner
The Village Voice

Family feud over Terri Schiavo goes on
by Mark Long
Canadian Press

Rep. Smith calls for full inquiry into Terri Schiavo case
by Donna De La Cruz
Associated Press Writer
Newsday.com, AP New Jersey

Terri Schiavo relatives feud over burial
by Michael Rubinkam
Associated Press Writer
Seattle Post Intelligencer

George Bush's Limited Definition of "Life"
by Dawn Baldwin
CommonDreams.org

Life and Terri Schiavo
The Monitor's View

Terri Schiavo Dies Amid Controversy
by Carol Pearson - Washington, D.C.
Voice of America (VOA) News

Vatican denounces Terri Schiavo's death
by Victor L. Simpson
Associated Press Writer
Seattle Post Intelligencer

Bush Offers Condolences to Terri Schiavo's Family
by Paula Wolfson, White House
VOA (Voice of America) News

Terri Schiavo Is Dead...and What Remains
by David Corn
Davidcorn.com

Brain-damaged Terri Schiavo dies
Terri Schiavo, the brain-damaged Florida woman at the heart of a bitter legal dispute, has died
BBC News, UK edition

Terri Schiavo, 1963-2005
by Jarrett Murphy
The Village Voice

Plug Me In
by Will Durst
CommonDreams.org

A Plug for the GOP: In the long run, Schiavo case could get spun to Republicans' advantage
by James Ridgeway
The Village Voice

Key Dates in Terri Schiavo Case
by The Associated Press
The Guardian Unlimited

Terri Schiavo & The Constitution
by Andrew Cohen
CBS News

High Court Rejects New Schiavo Request
by Ron Word
Associated Press Writer
The Guardian Unlimited

U.S. Supreme Court Rejection May End Terri Schiavo Legal Fight
by Greg Stohr
Bloomberg.com

Gibson says Schiavo death "nothing more than state-sanctioned murder"
by Jonathon Moran, National Entertainment Writer
Daily Telegraph

Blame goes all around for Schiavo outcome
Legal experts: Congress made mistakes
by Frank Davies
Knight Ridder Newspapers
Detroit Free Press

Schiavo case holds lessons for caregivers
Warren Wolfe
Star Tribune

Backward Christian Soldiers
by Katha Pollitt
The Nation

So many outrages in Schiavo case
Opinion - Roy Sharp, Goodyear
Arizona Republic

Schiavo's Attorney Carves Out Niche
by Vickie Chachere
Associated Press Writer
The Guardian Unlimited

Bush and Congress Rebuked in Schiavo Case
by Abby Goodnough and William Yardley
New York Times

Parents don't want to quit
by Kaffie Sledge
Ledger Enquirer

Court rejects Schiavo's parents' plea
NDTV Correspondent

Wednesday's developments in the Schiavo case
As Terri Schiavo entered her 13th day without food and water Wednesday, the U.S. Supreme Court again refused to order her feeding tube reinserted, dealing another blow to her parents' attempts to keep their daughter alive.
Free Press news services, Detroit Free Press

 

March 30, 2005

U.S. Supreme Court again says no to Schindlers (11:25 pm ET)
CTV.ca News Staff

Making Terry Schiavo Important
by Dean Paton
CommonDreams.org

Why I Don't Care About Terry Schiavo
by Joyce Marcel
CommonDreams.org

Terry Schiavo Could Save Millions of Young Women's Lives
by Thom Hartmann
CommonDreams.org

US Court to Hear New Schiavo Appeal
by Jim Teeple
Miami

Appeals Court to Consider a Petition in the Schiavo Case (Filed at 8:25 a.m. ET)
The court early today agreed to consider a petition for a new hearing on whether to reconnect Terri Schiavo's feeding tube
by Jonathan Landrum Jr, Associated Press writer
New York Times

Federal appeals court OKs Schiavo review
A federal appeals court early Wednesday agreed to consider a petition by Terri Schiavo's parents for a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube.
Japan Today

Terri Schiavo: a disability rights case?
by Julia Kite
BBC Ouch

Bad call for Schiavo parents, but husband's on the mark
Chicago Sun-Times Commentary



March 29, 2005

Lady Liberty dying with Terri Schiavo
by Chuck Baldwin
DAWN Ontario

Terri Schiavo 'close to death'
ITV.com

Suprisingly civil at the site of Schiavo protests
A Michael Schiavo supporter talks about mood outside the hospice
by John McCann

Citizen Report, MSNBC.com

Activists demand action to save Terri Schiavo
As brain-damaged Terri Schiavo survived an 11th day without food or water, activists demanded something be done to keep her alive.
CTV.ca News

Schiavo Case Proves Dems are Starving for Leadership
by Arianna Huffington
Arianna Online

Schiavo's parents file new appeal
AFP
ABC News Online

The Terri Schiavo Debate Is Far, Far From Over
by Carol Devine-Molin
American Daily - News & Commentary

Terri Schiavo's 2002 CT scan
Neurologist who examined Schiavo explains the scan

Schiavo Case: Media Pander to the Right
by Jeff Cohen
ZNET

List of Schiavo Donors Will Be Sold by Direct-Marketing Firm
by David D. Kirkpatrick and John Schwartz
New York Times


All-Out Coverage of Schiavo Wears Thin

No Real Look at Causes of Bulimia
by Antonia Zerbisias
Toronto Star

Terri Schiavo remains deprived of food supply
Family, protestors desperately attempt to change court decision
by Nick Henne, News Editor
The East Carolinian Online

Schiavo case unexpectedly unites most Americans
by Alan Elsner
Reuters, AlertNet

What's going on in Schiavo's head?
by Oakland Ross
Toronto Star

Ignoring suffering of everyone who isn't Terri Schiavo
by Ed Montini
Arizona Republic

Political opportunism at its most malignant
by Jack MacAndrew
Rabble.ca

Excerpt
On the day of Terri Schiavo's death, many thousands also will have left this earthly life around the world, unknown except to those closest to them. She, unknowingly, passes from this life as a North American celebrity, manipulated to that shaky pedestal over a period of a couple of weeks by the venality of modern media.

Terri Schiavo: Judicial Murder
Her crime was being disabled, voiceless, and at the disposal of our media
by Nat Hentoff
Village Voice

Excerpt
For all the world to see, a 41-year-old woman, who has committed no crime, will die of dehydration and starvation in the longest public execution in American history.

She is not brain-dead or comatose, and breathes naturally on her own. Although brain-damaged, she is not in a persistent vegetative state, according to an increasing number of radiologists and neurologists.

Among many other violations of her due process rights, Terri Schiavo has never been allowed by the primary judge in her case—Florida Circuit Judge George Greer, whose conclusions have been robotically upheld by all the courts above him—to have her own lawyer represent her.

George Orwell & Terri Schiavo
Euphemisms about life and death
by Rich Lowry

Excerpt
Denial is not just a river in Egypt, goes the saying. Indeed, it is something very important to supporters of ending Terri Schiavo’s life, judging by their head-spinning evasions.

A woman who might (or might not) be in a persistent vegetative state, but who is otherwise not ill and can continue to live for years despite her profound disability, is dying because we are refusing to give her sustenance. We are affirmatively ending her life, perhaps against her will, because there is no way now to know her will. Supporters of this act feel compelled to try to pretty it up.

They say that Terri is being “allowed to die.” No. She is being made to die. All across America, in hospitals, mental wards, and institutions for the severely disabled, there are people who, if we withdrew our care for them, would die. We wouldn’t call this “allowing” them to die. We would call it scandalous neglect.

George Felos, the lawyer for Terri’s husband, Michael, explains his position in the case thusly: “I firmly believe in the right of individuals to make their own medical-treatment choices.” But Terri is not making her medical choices. Choices are being made for her, perhaps (if you believe Michael Schiavo) on the basis of things she said a decade ago, perhaps (if you don’t) in the absence of any stated preference. ...

One expert told the New York Times that “no one is denying this woman food and water.” Really? Then why is she dying? Is it merely a coincidence that she might experience kidney failure from dehydration at any time?

With Giant Spoon, Fla. Woman Helps Stir Up Schiavo Protest Across From White House
by Dana Milbank
Washington Post

Terri Schiavo and the Reality Gap
by Abigail Trafford
Washington Post

Husband Arranges for Autopsy of Terri Schiavo
CNN

Husband promises to make Terri Schiavo autopsy public
by Maeve Reston
Post-Gazette National Bureau

Schiavo's Husband Says Autopsy Will End Suspicions
by Rick Lyman
New York Times

Terri Schiavo--The Bell Tolls for Humanity
R. Albert Mohler, Jr.

Terri Schiavo's Condition Deteriorates, Likely Beyond Recovery
by Steven Ertelt
LifeNews.com Editor

Excerpt
Terri Schaivo's medical condition continues to deteriorate and she has likely reached the point at which she would not be able to recover if she receives food and water because her internal organs are beginning to shut down.

George Felos, the euthanasia advocate who is Michael's lead attorney, visited Terri for more than an hour on Monday.

Felos also said reports of Terri receiving morphine to stop pain may be deceiving.

Terri has not been placed on a morphine drip, but had received two "minuscule" five milligram doses of the drug since her feeding tube was removed on March 18.

According to a CBC News report, Felos said that hospice records showed Terri received a single dose of morphine on March 19 and another similar-sized dose on March 26.

Last rites administered to dying Terri Schiavo
Cape Times

 

March 28, 2005

The Right and Left of the Right to Die
by Naomi Jaffe
CommonDreams.org

Terri Schiavo: A Cause for the Left?
by Mark Polit
CommonDreams.org

The Many Layers of the Terry Schiavo Controversy
by Ralph Nader
CommonDreams.org

The Schiavo case
by Tom Velk
CBC News Viewpoint

Terri Schiavo's parents end legal battle, but protesters continue fight
Canadian Press

Terri Schiavo's parents are 'dealing with reality' as protesters head to Washington
by Mark Long, Associated Press
Boston Globe Online

Defeat does not deter Schiavo's parents
However, sense grows battle is over; debate sparked nationwide
by Mark Potter
NBC News

Eating disorder at root of Terri Schiavo case
by Robert Bazell
NBC News

Schiavo Judge Has Reason to Fear
Armed guards, dead flowers, and not very Christian-sounding e-mail
by James Ridgeway
The Village Voice

Supporters of Schiavo's parents head to D.C.
CTV.ca News Staff

 

March 27, 2005

The Terri Schiavo Debacle from a Progressive Disability Perspective
by Josie Byzek
CommonDreams.org

Life, Death and Hypocrisy
by Marty Jezer
CommonDreams.org

Death doesn't become her
by Judi McLeod
Canadia Free Press

No compelling reason to kill Terri Schiavo
by Mark Steyn
The Sun-Times

Terri Schiavo’s parents, husband differ on interment
AFP, Khaleej Times

Schiavo's family asks people to leave
Schiavo family ask the people gathered outside their daughter's hospice to go home and celebrate Easter with their families
Washtingtom Times

Schiavo's condition worsens - hits mother hardest
by Thomas R. Collins and Brian E. Crowley
Palm Beach Post Staff Writers

Husband’s position in Schiavo tragedy is suspicious at best
by Paul Sylvain
Telegraph Online

Excerpt:
One can debate whether a quality of life exists for Terri Schiavo.

Only she knows that and she can’t say. Maybe the question needs to be asked about whose quality of life would be improved by her death.

Her husband, Michael Schiavo, immediately comes to mind. And it is Michael Schiavo who has been relentless in his fight to stop the feedings that sustain his wife’s life.

Whatever happened to “in sickness and in health?”

Something just doesn’t smell right, here, and I have to applaud Terri’s parents, Bob and Mary Schindler, for keeping the pressure on to keep their daughter alive.

In my final analysis and not so humble opinion, I don’t buy her husband’s argument that ending Terri’s life is necessarily in her best interest.

I believe his drive is all about inconvenience - his inconvenience - in remaining bound by marriage to a woman he sees more as a burden to his freedom.

Regardless of Terri’s mental capacity, her heart continues to beat strongly on its own, and she continues to breathe on her own. If the courts eventually uphold a judge’s earlier ruling to yield to Michael Schiavo’s wishes and withhold food and liquid nourishment, Terri will, in effect, be under a state-ordered sentence of death by starvation....

No life, great or small, is without purpose or meaning.


Terri Schiavo’s is no exception.

Greer denies emergency motion based on Terri's attempts to communicate PDF file - requires Adobe Acrobat Reader

Did Descartes Doom Terri Schiavo?
by John Leland
New York Times

The Legacy of Terri Schiavo
One woman's journey from marital bliss to medical darkness—and the forces that made her story a political and ethical watershed
by Arian Campo-Flores
Newsweek (April 4 issue)



March 26, 2005

Michael Schiavo Plans to Cremate Terri
Newsmax.com

Terri Schiavo Near Death
News24.com

Judges deny Schiavo parents again
Schindlers to Governor Bush: 'Please do something'

CNN

Schiavo's dad: 'She's down to last hours'
by Mike Schneider
Sun-Times Company

Behind Life-and-Death Fight, a Rift That Began Years Ago
By Abby Goodnough
New York Times

Morality and Reality
by David Brooks
Op-Ed Columnist
New York Times

Local cops say state came for Schiavo
Agents planned to have her tube reinserted
by Carol Marbin Miller
Knight Ridder Newspapers
Detroit Free Press

Poll respondents divided on Terri Schiavo issue
StatesmanJournal.com

The Rhetoric in Schiavo case
by Cathy Young
Boston Globe Op-ed

 

March 25, 2005

Judge again denies parents' petition to reinsert Terri Schiavo's feeding tube (5:08 pm EST)
by Kristen Wyatt
CBC News

How Liberalism Failed Terri Schiavo
The question is not only what she would have wanted, but what we owe her
by Eric Cohen
The Weekly Standard

Excerpt
A true adherence to procedural liberalism--respecting a person's clear wishes when they can be discovered, erring on the side of life when they cannot--would have led to a much better outcome in this case. It would have led the court to preserve Terri Schiavo's life and deny Michael Schiavo's request to let her die. But as we have learned, the descent from procedural liberalism's respect for a person's wishes to ideological liberalism's lack of respect for incapacitated persons is relatively swift. Treating autonomy as an absolute makes a person's dignity turn entirely on his or her capacity to act autonomously. It leads to the view that only those with the ability to express their will possess any dignity at all--everyone else is "life unworthy of life."

This is what ideological liberalism now seems to believe--whether in regard to early human embryos, or late-stage dementia patients, or fetuses with Down syndrome. And in the end, the Schiavo case is just one more act in modern liberalism's betrayal of the vulnerable people it once claimed to speak for. Instead of sympathizing with Terri Schiavo--a disabled woman, abandoned by her husband, seen by many as a burden on society--modern liberalism now sympathizes with Michael Schiavo, a healthy man seeking freedom from the burden of his disabled wife and self-fulfillment in the arms of another. And while one would think that divorce was the obvious solution, this was more than Michael Schiavo apparently could bear, since it would require a definitive act of betrayal instead of a supposed demonstration of loyalty to Terri's wishes.

Schiavo Case Tests Government Principles
by Nancy Benac, Associated Press Writer
Newsday.com

Following the Terri Schiavo Donation Money
Michael Hess, Editor
BBSNews

Why Schiavo case worries the disabled
by William G. Stothers
Toronto Star

Schiavo efforts may be sign of future battles in Congress
by Rafael Lorente
Washington Bureau
by Barbara Klein
VOA News

Terri Schiavo showing signs of dehydration
Judge denies request to reinsert feeding tube

CTV.ca News Staff

TERRI: Compassion or Politics? An Interfaith Perspective on the Schiavo Case
noticias.info

Neither 'Starvation' Nor the Suffering It Connotes Applies to Schiavo, Doctors Say
by John Schwartz

Far Right Using Terri Schiavo To Further Its Agenda
Op/Ed by Georgie Anne Geyer

A Good Friday to talk about Terri Schiavo
Lance Dickie / Seattle Times editorial columnist

Terri Schiavo's Unstudied Life
The Woman Who Is Now a Symbol And a Cause Hated the Spotlight
By Jennifer Frey
Washington Post Staff Writer

Bigotry and the Murder of Terri Schiavo
by Joe Ford
The Harvard Crimson

Schiavo's Health Wanes As Parents Appeal
Schiavo Shows Signs of Dehydration As Parents Appeal Again After Judge Refuses to Reinsert Tube
by Mike Schneider
The Associated Press
ABC News

Weight of law favors husband in Schiavo case
by Colleen McCain Nelson
Dallas Morning News

 

March 24, 2005

Legal options nearly exhausted in Schiavo case
CTV.ca News Staff

Terri Schiavo is not a legislative issue
Congress's actions are out of line
by Alexander Gold

Terri Schiavo: Death Be Not Proud
by Frank Salvato

Bush errs, but not on the side of life
by Scott Piatkowski
rabble.ca

Friends say Schiavo's husband definitely has a motive: Loyalty
He wants to honor pledge to his wife
by Sandy Bauers

What drives Terri Schiavo’s husband?
Views of Michael Schiavo vary widely amid life-or-death case
By Chris O'meara / AP file

World divided on ethics of Terri Schiavo case
by Peter Ford
Christian Science Monitor

U.S. Supreme Court Rejects Schiavo Case
Reuters
ABC Online

Schiavo Case a Study in Judicial Review
Emotion Aside, Case Focused on Narrow Legal Issues

by Annie Chiappetta
ABC Online

Schiavo Dilemma: Brain Death vs. Physical Life
By E.J. Mundell, HealthDay Reporter
Forbes.com

The Schiavo case: A political victory that wasn't
by Andrew Kohut, The New York Times
International Heralk Tribune - IHT Online

Legal options running out in Schiavo case
CTV.ca News Staff

Schiavo Tragedy Taking on Political Tone (07:49 EST)
by David Espo, AP Special Correspondent

Schiavo's parents appeal to US Supreme Court
Reporter: Karen Percy

House postpones Good Friday hearing at Schiavo's hospice
by Tamara Lytle, Washington Bureau Chief
Orlando Sentinel

Schiavo's Parents Seek Help From U.S. Supreme Court (07:49 EST)
Bloomberg.com

 

March 23, 2005

This tragic case will end badly
Toronto Sun Editotial

Key point missed in Schiavo case
by Licia Corbella
Calgary Sun

Appeals court turns back bid by Schiavo's parents to have tube re-inserted (6:34 pm EST)
by Eliott C. McLaughlin
/ AP
CBC News

Doctors-R-Us
Congress members give their medical opinions on Terri Schiavo

by James Ridgeway with Nicole Duarte

The Village Voice

Florida officials move again to intervene in Schiavo case (5:01 pm EST)
CNN

Gov. Bush Seeks to Take Custody of Schiavo
Gov. Bush Seeks to Take Custody of Schiavo After Parents' Setbacks in Courts, Fla. Legislature
by Jill Barton, The Associated Press
ABC News

Outside View: Why the furor over Schiavo?
by Jane M. Orient
India News

Political Fallout Over Schiavo Law
CBS News

In fight over life, it's Schiavo who has blood on his hands
by Rosie DiManno
Toronto Star

Courts, politicians tied up over Schiavo case
CBC News

Fla. Senate Begins Debate on Schiavo Bill
by Samantha Gross, Associated Press Writer
Guardian Unlimited

Shocking allegation in Schiavo case
One News - TVNZ, New Zealand

Schiavo Videotape Misleading, Experts Say
Reuters
ABC News

Terri Schiavo's Parents Lose Appeal on Feeding Tube (Update 16:40 EST)
Bloomberg.com

Parents of Terri Schiavo ask for full appellate court review to get feeding tube hooked up again
by Eliott C. Mclaughlin
Associated Press

White House out of 'legal options' in Schiavo case
Reuters

Latest bid by Schiavo parents rejected
AP / Australian Financial Review

Schiavo case provokes a blogging storm
by Matt Crenson
Associated Press

Exploiting Terri Schiavo
Will the exploiters of Terri Schiavo admit they went overboard?
by David Corn
Op/Ed - The Nation

 

March 22, 2005

Against the killing of the light
by Ed Smith
CBC Disability Matters

No, It's Not About Terri Schiavo Anymore
by Mary Johnson
CommonDreams.org

Feeding-Tube Frenzy
The miracle of Capitol Hill tries to pump new life into the Christian right

by James Ridgeway

The Village Voice

Terri Schiavo -- A Tragedy Compounded PDF file - requires Adobe Acrobat Reader
by Timothy E. Quill, M.D.
NEJM - New England Journal of Medicine

"Culture of Life" Politics at the Bedside -- The Case of Terri Schiavo PDF file - requires Adobe Acrobat Reader
by George J. Annas, J.D., M.P.H.
NEJM - New England Journal of Medicine

 

Media coverage prior to March 22, 2005

Inclusion Daily Press
Disability Rights News Service


Up Arrow - go to top of document Go To Top

 

Treating Convicted Murderes Better Than Terri
by Wesley J. Smith
tothesource

Disability Activists Call for Moratorium on Starvation and Dehydration
Not Dead Yet

Misdiagnosis of the vegetative state: retrospective study in a rehabilitation unit
British Medical Journal (BMJ) - Paper's Key messages:

  • Many patients who are misdiagnosed as being in the vegetative state are blind or have severe visual handicap; thus lack of eye blink to threat or absence of visual tracking are not reliable signs for diagnosing the vegetative state
  • Any motor activity, no matter how slight, that can be used for communication by the profoundly disabled patient should be identified at an early stage and repeated at regular intervals
  • Identification of awareness in the presence of profound and complex neurological disabilities requires the skills of a multidisciplinary team expe- rienced in long term management of disability due to brain damage



Excerpts of Emails/Letters from the Public



As a disabled person and activist for the disabled, I think progressives should "get" the Schiavo case - it's not "life" versus "choice" but civil rights for disabled people.

Her only crime was being disabled. Schiavo is not a "vegetable" nor "in-valid," but a person with a disability using a feeding tube. She is not terminally ill.

Research shows that nondisabled people and medical professionals devalue the quality of life of disabled people.

~ Zan Thornton


I find it very sad that an association like DAWN, which has done so much in the fight for women's and disabled people's rights, has allowed itself to be hijacked by the phoney "pro-lifer" agenda of the religious right.

Their take on assisted suicide was disturbing as well. Nobody, disabled or "able-bodied" has the right to tell me under what circumstances I should find life worth living. And disabled people should have as much access as non-disabled people to the means to end their own lives should they choose to do so.

Terry Schiavo is brain-dead, not just brain-damaged. There is nothing but fluid in her cerebrum. I think we are seeing a lot of denial and wishful thinking from her parents. Of course it is horrible to have a child die when she is still so young, but not accepting it after 15 years is very sad and strange. Won't add any more on how this is being manipulated by the "pro-life" right - who don't even support public health care in the US, and are CUTTING Social Security benefits for disabled people - I know someone in the US who will be affected, and it is terrifying.

~ Lagatta
as posted in a public forum


Dear Friends - I beg to disagree with you about assisted suicide. It is a CHOICE. People who do not live with disabilities that prevent them from carrying out that choice have many means of doing so. Disabled people need support and help to do whatever they want with their lives - even end them, as all people may do. Disabled or not, keep your hands - and your bloody religion - off my body. It is a shame that pro-life rhethoric has sullied such an important cause as equality and support for disabled people.

~ Maria Gatti
as posted on DAWN guestbook at http://tinyurl.com/64ucj


I fought to protect a loved one from years of abuse and eventual murder by dehydration. The courts, the agencies that are supposed to protect the aged and disabled and the local police stood foursquare behind the abusers/murderers.

I was raised around elder care and was warned in the early 70s that this sort of thing was on the way. From what I have been told by good doctors and nurses the killing machine is going full speed already.

I have no sympathy for anyone who would kill another person in such an inhumane manner and view their supporters and protectors as subhuman filth.

~ been there


St. Louis neurologist Dr. William Burke describes death by starvation:

"A conscious person would feel the de-hydration just as you or I would. They would go into seizures, their skin cracks and bleeds and they may have nosebleeds because of the drying of the mucus membrane. And heaving and vomiting might ensue because of the drying of the stomach lining. They feel the pain of hunger and thirst. Imagine going one day without a glass of water? Death by dehydration takes 10 to 14 days and is an extremely agonizing death."


Has Terri had due process? No. She has not had a guardian ad litem (a lawyer to act in her interest in the event that a guardian's interests potentially conflict) since 1999. The judge removed the last one -- that ad litem recommended that the tube NOT be removed. The judge has acted as her ad litem. This is a total conflict as he is NOT an advocate for her -- but is a finder of fact. He does not have the authority under law to act as her ad litem.

Of course, the MSM (main stream media) has not discussed what the law actually says in this case. Typical

~ Sue Bob


So you can't starve a horse, you can't starve a dog, you can't starve a convicted murder -- even one on death row -- and you can't starve a terrorist in custody, but you can starve Terri Schiavo? WTF?

~ Don



As a litigation lawyer, I can't tell you how many times I have been on the receiving end of a temporary restraining order granted by state and federal courts in the most mundane cases where the dispute was really about money, the very circumstance where provisional relief to maintain the status quo is inappropriate.

Yet in the Terri Schiavo case, several judges have refused to exercise their equitable discretion to keep Ms. Schiavo alive while federal claims regarding her medical condition are litigated in a reasonable time frame. Ms. Schiavo is, in turn, left to starve to death. If that is not "irreparable injury," I don't know what is.

I disagreed with Congress's passage of the Terri Schiavo law. But it seems that just as Congress exercised raw power primarily for political purposes, a handful of judges with their own view of the unwisdom of Congress's action are now, under the guise of law, exercising countervailing power in an attempt to frustrate Congress's will and bring this national nightmare to an end.

Sadly, Terri Schiavo has been used as a pawn in this constitutional struggle.

~ Joseph J. Saltarelli


The withdrawal of love and nourishment is a decision that demands clarity, especially for Terri Schiavo's mother, regardless of what outside opinion dictates. The power of a mother's love can move beyond medical science to allow the door of hope to remain open.

It is wrong for anyone to decide for another when to let go of a child.

~ Kara Frazier


This situation is very sad. Terri's husband has the right to remove her feeding tube. Written and legal documents are available to eliminate this situation. Bush and his politicians are wrong in what they have done.

They are using this sad case to get the right for life people, religous groups and the Roman Catholic groups on their Republican Party side!!

The government does not have the right to intervene in these matters. My wife and I are retired and live in Florida now, in the US. I am sad and angry over the government messing with this situation for political gains. It's so phony.

~ Dan Droege, USA


Nutrition and hydration are basics for a human being. None should have the right to discontinue it. There is a possibility that she could swallow liquid food and water. She is not in a coma and is able to interact with others. In addition, in the case of Terri Schiavo there are enough suspect circumstances to show that her husband has a conflict of interest in this case.

Terri's bone scan shows long term trauma that indicates possibility of domestic violence. There is a nurse's affadavit that Michael Schiavo admitted to not knowing Terri's wishes.

He is living in a common-law relationship with another woman and has had children with her.

Three months after receiving $700,000 USD in a malpractice suit against Terri's doctors that was supposed to pay for her rehabilitation needs, he ordered doctors to stop any therapy.

~ Andrew Jezierski


He isn't "helping" her to die, he's fulfilling her wish as verbally expressed to him within the covenant of their marriage (from what I understand, Florida law allows him to make end-of-life decisions regarding his spouse) as a normally Republican voting American, I find the intervention of the Congress a cynical attempt to placate the religious right.

~ Eric Rhyne, USA


I think the term "allowing her to die" masks what is happening -- Terri is being starved and dehydrated to death. There has been little attempt at rehabilitation although her husband promised to use the money Terri was awarded to do this.

Her parents are willing to look after her and her husband can get on with his life with his new partner and his two children by her. There have been numerous cases of people who have awoken from so called PVS.

In France the editor of Elle, Jean- Dominique Bauby, wrote a book about his life after a massive stroke left him completely paralysed except for being able to blink an eyelid. PVS is a term used to dehumanise a person so that s/he can be killed.

~ Janet Secluna Thomas, U.K.


I know that if anything like this should happen in my family we would probably take a lot of time before we allowed the injured person to die. I personally would say yes and let the person die. Better than to see her or him living on tubes.

~ Florina Gheorghiu, Romania


I live in San Francisco, California, and I absolutely feel that Ms. Schiavo's parents should decide her fate, not her husband! For one thing, he has resisted allowing her to get the proper rehabilitation she has needed since 1991. Truth is, nobody knows what could happen to her because she hasn't received the proper rehabilitation yet. She is still alive and a young woman too!! She has a chance and it is absolutely barbaric to starve her to death!

The process of starvation is horrific and gruesome. I am absolutely disgusted with what's going on right now. Her husband has moved on to a new woman and a new family, and he will gain a substantial amount of money from her death. This is sick and I for one, am on the verge of vomitting at the thought of it.

Please, people, don't base your opinion on whether or not you believe she should live in this state of being; base your decision on Terri's case alone: After knowing the facts of her case, who should be able to decide her fate, her husband or her parents?

~ Julie H. USA


No, I do not think her husband has a right since he is living with another women and has two children. I only believe the parents have the legal right but this should have been done when he left his vow of marriage.

~ Catherine Moreland


I am quite saddened to the see the amount of attention this case is getting in the global media. We don't care about thousands of people including children dying of hunger everyday, and at the same time, we have no qualms talking a lot about a single human being who has been in coma for the last several years!

Regardless of how iteresting philosophically this case is, don't you think it is unfair to discuss this at such a great length, when there are clearly more pressing issues that the media should talk about?

~ Ram Natarajan


To simply allow Terri to be dehydrated and starved to death should not be acceptable.

Murderers are afforded a more humane method for leaving this world. What would the world community think if a murderer was left in his cell and simply starved to death?

While there are some who may believe this is a just reward for committing those acts, it is still viewed as cruel and unusual punishment and as such deemed intolerable by the common morality of the civilized world.

Give Terri the food and water she needs to survive and allow her the decency of a dignified and painless death. ...

Future generations will look back on this with revulsion and disgust and rightfully so. History will judge us by how we care for those who cannot care for themselves. Indeed, if our current actions were a test of our collective morality, we have failed. What is even more disturbing than failing this test of morality, we have failed Terri.

~ Darren Pynn, Ottawa, ON


Where's the harm in letting her live?

After all it's the husband's contention that she feels nothing and has no awareness. So what's the harm in letting her parents care for her?

If there is uncertainty in what she would have wanted, the benefit of the doubt should always be made in favour of life. Always opt for life because once you're dead there are no other options.

~ Bill, Windsor, ON


It is a mystery to me that those wanting Terri Schiavo to be fed are now considered "religious fanatics"?

Should we not be glad that a government and many of its citizens want to fulfill one of the very basic human needs? Also, why does her husband insist on the tube removal if she "died 15 years ago"? Why should he care which way this goes now?

This event exposes the stuff that people and countries are made of. The Canada I was raised in used to care. But it is a country that now insists on reading God out of every possible corner. It is obvious that its citizens hope that in doing so, they will no longer be ultimately accountable for their actions.

Do we really believe that if an individual is no longer useful to society, that that person is no longer needed? Did anyone ever think that perhaps God gives us people like Terri to teach us compassion and understanding? It is not "all about me".

Why is this fanaticism? How sad that the so-called "compassionate left" has discovered that not only is Terri a drain on society, but she is incapable of voting for them.

~ John, Bellville, Ohio, USA


I am, generally speaking, a proponent of one's right to die. However, I firmly believe that for this to be carried out one has to ensure that:

1) such a desire has been vocalized to more than the person who stands to inherit a large sum of money upon his/her death

2) the decision to "pull the plug" is not made by any person who stands to gain from his/her death and

3) the death is quick and humane.

We're not talking about removing "life support", causing a relatively quick death to one who cannot live/breath on his/her own. We're talking about slowly starving a person to death over a period of up to 2 weeks!

That is disgusting.

It would be much more humane to give this poor woman a lethal injection so this vile man (who was 25 at the time of this tragedy, has been apart from this woman for 15 years and has built a family with another woman) can have his cash and carry on with his life. But that would be murder!

~ Carmen Prefontaine, Winnipeg, MB


Do you have an opinion? contact DAWN Ontario



Of Human Bondage:
Schiavo "Silence"


source  http://www.foxnews.com/photo_essay/photoessay_336_images/031805_schiavo3.jpgThere are a lot of weird angles to the coverage of the Terri Schiavo case. One that's popped up in the past day or so is the ubiquity of pictures featuring people with their mouths taped shut. Paradoxically, it seems that a good way to get the media to pay attention to your protest is to insure that you can't speak to them.

Thursday's New York Sun spreads a huge picture of Rachel Stedman, outside the Supreme Court, gagged with red tape bearing the word "Life." Similarly silenced in the pages of Wednesday's New York Times was Jesse Engle, while Aysha Rogers stayed mum in the Daily News. They were both outside the federal courthouse in Atlanta.

Meanwhile, foxnews.com's photo essay featured a woman with her mouth taped and a source http://snsimages.tribune.com/media/photo/2005-03/16721797.jpggroup of silent protesters outside the Florida hospice where Schiavo is located. Newsday's online photomontage has another gagged group outside the hospice as well as a woman who was keeping quiet in front of the local courthouse.

According to a nexis search, The Tampa Tribune and St. Petersburg Times have also featured photos of Engle and Rogers, although it is unclear how they appeared in those pictures.

source http://www.sun-sentinel.com/media/photo/2005-03/16753761.jpgThe idea behind the protest, according to participants, is that Terri Schiavo also has no voice in the case. Strictly speaking, that's true, even though members of Congress returned from recess to approve a bill that aimed at prolonging her life, and the president of the United States rushed to Washington to sign it.

But whether Terri's voice would vote for "life" is at the heart of the dispute. So the message of the red tape is a crafty way of simplifying a fairly complex issue—like the phrase "pro-life" itself, which some media organizations avoid because of its implication that advocates of legal abortion are "pro-death."

Some pictures are worth a thousand words. The duct-tape shots—like their subjects—say very little, but get plenty of play.

~ Jarrett Murphy
CommonDreams.org

 


"There are a lot of people in the shadows, all over this country, who are incapacitated because of a disability.

There ought to be a broader type of a proceeding that would apply to people in similar circumstances ...

Where someone is incapacitated and their life support can be taken away, it seems to me that it is appropriate — where there is a dispute — that a federal court come in, like we do in habeas corpus situations, and review it and make another determination."

~ Senator Tom Harkin

 

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Letter from Mary & Bob Schindler to Michael Schiavo dd July 16, 1993

Thanks to Jayne W. for retyping the letter from a scanned image of the original.


Robert S. Schindler
[address removed]
St. Petersburg, FL 33715


July 16, 1993

Michael Schiavo
[address removed]
Seminole, FL 34642

Mike

Long before and during the malpractice trial you made a number of commitments to Mary and myself. One of your commitments was that award money was to be used to enhance Terri's medical and neurological care.
You also committed that the award proceeds would be used to provide a home for Terri so that Mary and I could live with her, and as her parents, we could provide the love and care she deserves on a long term basis.

Since the trial and the ensuing award, you have chosen to ignore your commitments and have totally removed Terri from our lives. You have not communicated to us anything concerning her medical nor neurological status.

We want to know what Terri's latest evaluations are both medically and neurologically. It is very upsetting to be told by her nursing home medical attendants that you instructed them to withhold any and all information concerning our daughter's medical status.

Since you have excluded us from caring for Terri, the least you can do is to keep abreast about her medical and neurological condition. I/we are requesting you keep us informed, on a weekly basis, of Terri's condition and progress. Simply drop us a note telling us what is happening. It will only take you a few minutes. I am sure we will all sleep more comfortably.

Regardless of your rationale, we believe you have a moral responsibility to include us in determining Terri's welfare. Lest you forget, we did raise her for 21 years, and also, from the time of Terri's seizure up to when you chose to alienate us, Mary was continually at your side, caring for you and Terri.

Don't be concerned that we are attempting to re-establish or rebuild a relationship. We love our daughter and are troubled about her welfare. What happened to her is the next to most traumatic event that can happen to a parent.

On a long term basis, we would like you to consider giving Terri back to us, so we can give her the love and care she deserves. Logically and realistically you still have a life ahead of you.

Give this some thought. Are you ready to dedicate the rest of your life to Terri? We are! Let us know your feelings.

Mary & Bob Schindler



 

Photos from protests at Press Conferences for Terri Schiavo in 2005


click on image or text below to view full size photo (links open in new browser window)
Ted Hires of the Justice Coalition Florida State Senator Stephen R. Wise Florida State Rep. Don Davis Bob Schindler and Ted Hires Bobby Schindler on left with Bob Schindler Sr
Ted Hires
of the Justice Coalition
Florida
State Senator
Stephen R. Wise
Florida
State Rep.
Don Davis
Bob Schindler
&
Ted Hires
Bobby Schindler
&
Bob Schindler Sr
         
Ted Hires with Mary Schindler Bobby Schindler Bobby Schindler at the podium Bobby Schindler at the podium Ted Hires with Mary & Bobby Schindler
Ted Hires
with
Mary Schindler
Bobby Schindler,
(Bob Jr)
Terri's brother
Bobby Schindler
at the
podium
Bobby Schindler with Bob &
Mary Schindler
Ted Hires with
Mary & Bobby
Schindler
         
Attorney David Gibbs Bob Schindler, Bobby Schindler Terri's sister, Suzanne Schindler, with her mother Mary Schindler Bob and Bobby Schindler (Bob Jr) Camera pool
Attorney
David
Gibbs
Bob Schindler Sr,
& Bobby
Schindler (Jr)
Terri's sister,
Suzanne Schindler,
with Mary Schindler
Bob Schindler &
Bobby Schindler
(Bob Jr)
Photo of
Camera
pool


Additional Photos

arrowImage Gallery of Terri Schiavo Controversy Sify - India

 

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FAQs about Terri Schindler-Schiavo

Here are the answers to some frequently asked questions about this complex case and about Terri Schindler-Schiavo:

QUESTION:

What is a persistent vegetative state? Is it the same as being brain dead?

ANSWER:

People in a persistent vegetative state have lost all higher brain function, including the ability to think, experience emotions and understand the world around them. They continue to sleep, open their eyes, breathe on their own and even make noises and facial expressions.
This is because their brain stems -- the portion of the brain that controls basic functions such as heartbeat and breathing -- continue to function.

A patient who is brain dead has no function in the brain stem.


QUESTION:

How is a persistent vegetative state diagnosed?

ANSWER:

There is no single test, such as a brain scan, that can absolutely determine a person's level of mental function. But doctors can diagnose the condition by testing a patient's ability to interact with his or her environment over time.

Terri Schiavo has undergone a series of diagnostic tests in the past that showed her brain's electrical function to be flat, court records show. Brain scans show the area of the brain responsible for higher thinking, the cerebral cortex, has suffered severe atrophy and has been replaced by liquid.

Dr. Ronald Cranford, a neurologist and medical ethicist at the University of Minnesota Medical School who has examined Schiavo on behalf of the Florida courts, said again this week there is no doubt that Schiavo is in a persistent vegetative state. "Her CAT scan shows massive shrinkage of the brain," he said. "Her EEG is flat -- flat. There's no electrical activity coming from her brain."

Schiavo's parents and their physicians do not agree, maintaining that she is not in a vegetative state and can recover.


QUESTION:

Is it unusual for doctors to disagree?


ANSWER:

Doctors who examine the same patient can reach different conclusions, but time is the best arbiter of diverging views, said Dr. Michael Pulley, an assistant professor of neurology at the University of Florida campus in Jacksonville.

"The way to resolve it is to see if there is any change" in the patient's ability to interact "over time," Pulley said, adding that improvements would be expected within the first weeks or months of the injury. Terri Schiavo has been in this condition for 15 years.


QUESTION:

Terri Schiavo appears to respond to her mother in a video released by the family. Her father said that she smiled Monday when he told her that her feeding tube soon could be reinserted. Doesn't this show that she is not in a persistent vegetative state?


ANSWER:

Terri Schiavo's parents say this is evidence that she is not in a vegetative state. But court-appointed physicians have not been able to document a consistent, predictable response from Schiavo that would indicate she is aware of her surroundings.


QUESTION:

Isn't there new technology that could provide more insight into Schiavo's condition?


ANSWER:

There is a device called functional magnetic resonance imaging (MRI) that tracks blood flow to regions of the brain while a person is performing certain tasks. Doctors say this can be used to get more information about a person's brain function, but it is not a conclusive test.


QUESTION:

If Terri hasn't recovered after all these years of therapy, why not let go?


ANSWER:

Terri hasn't had meaningful therapy since 1991, but many credible physicians say she can benefit from it.


QUESTION:

Why can't Terri just divorce?


ANSWER:

Terri's husband/guardian speaks for her. She cannot divorce without his permission


QUESTION:

Does Terri have an advanced directive or any wishes about her healthcare?


ANSWER:

Terri never signed any directive or living will and there is no evidence that she foresaw her present situation.


QUESTION:

Why do Terri's family fight to keep her alive? Shouldn't they let her husband decide?


ANSWER:

Terri's husband has started another family and probably has gone on with his life. Terri's family want to provide her therapy and a safe home.


QUESTION:

Is Terri receiving life support?


ANSWER:

Not in the traditional sense. Terri only received food and fluids via a simple tube until March 18, 2005 when the Terri's feeding tube was removed courtesy of Judge Greer.


QUESTION:

Isn't removing her tube a natural and dignified way to die?


ANSWER:

No. Dehydration and starvation cause horrific effects and are anything but peaceful. Read more here.


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Common Myths about Terri's situation

MYTH: Terri is PVS (Persistent vegetative state)

FACT: The definition of PVS in Florida Statue 765.101: Persistent vegetative state means a permanent and irreversible condition of unconsciousness in which there is:

(a) The absence of voluntary action or cognitive behavior of ANY kind.
(b) An inability to communicate or interact purposefully with the environment.

Terri's behavior does not meet the medical or statutory definition of persistent vegetative state. Terri responds to stimuli, tries to communicate verbally, follows limited commands, laughs or cries in interaction with loved ones, physically distances herself from irritating or painful stimulation and watches loved ones as they move around her. None of these behaviors are simple reflexes and are, instead, voluntary and cognitive. Though Terri has limitations, she does interact purposefully with her environment.


MYTH:
Terri does not need rehabilitation


FACT:
Florida Statute 744.3215: Rights of persons determined incapacitated:


(1) A person who has been determined to be incapacitated retains the right
(i) To receive necessary services and rehabilitation.


This is a retained right that a guardian cannot take away.  Additionally, it does not make exception for PVS patients. Terri has illegally been denied rehabilitation - as many nurses have sworn in affidavits.


MYTH:
Removal of food was both legal and court-ordered

FACT: The courts had only allowed removal of Terri's feeding tube, not regular food and water. Terri's husband illegally ordered this. The law only allows the removal of "life-prolonging procedures," not regular food and water:

Florida Statute 765.309 Mercy killing or euthanasia not authorized; suicide distinguished. Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.


MYTH:
Many doctors have said that there is no hope for her


FACT: Dr. Victor Gambone testified that he visits Terri 3 times a year. His visits last for approximately 10 minutes. He also testified, after viewing the court videotapes at Terri’s recent trial, that he was surprised to see Terri’s level of awareness. This doctor is part of a team hand-picked by her husband, Michael Schiavo, shortly before he filed to have Terri’s feeding removed. Contrary to Schiavo’s team, 14 independent medical professionals (6 of them neurologists) have given either statements or testimony that Terri is NOT in a Persistent Vegetative State. Additionally, there has never been any medical dispute of Terri’s ability to swallow. Even with this compelling evidence, Terri’s husband, Michael Schiavo, has denied any form of therapy for her for over 10 years.

Dr. Melvin Greer, appointed by Schiavo, testified that a doctor need not examine a patient to know the appropriate medical treatment. He spent approximately 45 minutes with Terri. Dr. Peter Bambakidis, appointed by Judge Greer, spent approximately 30 minutes with Terri. Dr. Ronald Cranford, also appointed by Schiavo and who has publicly labeled himself “Dr. Death”, spent less than 45 minutes examining and interacting with Terri.


MYTH:
This is just a family battle over money


FACT: In 1992, Terri was awarded nearly one million dollars by a malpractice jury and an out-of-court malpractice settlement which was designated for future medical expenses. Of these funds, less than $50,000 remains today. The financial records revealing how Terri’s medical fund money is managed are SEALED from inspection. Court records, however, show that Judge Greer has approved the spending down of Terri’s medical fund on Schiavo’s attorney’s fees - though it was expressly awarded to Terri for her medical care. Schiavo’s primary attorney, George Felos, has received upwards of $400,000 dollars since Schiavo hired him. This same attorney, at the expense of Terri’s medical fund, publicly likened Terri to a “houseplant” and has used Terri’s case on national television to promote his newly published book.


MYTH:
Michael Schiavo volunteered to donate the balance of the inheritance to charity


FACT: In October 1998, Schiavo’s attorney proposed that, if Terri’s parents would agree to her death by starvation, Schiavo would donate his inheritance to charity. The proposal came after a court-appointed Guardian Ad Litem cited Schiavo’s conflict of interest since he stood to inherit the balance of Terri’s medical fund upon her death. This one and only offer stated “if the proposal is not fully accepted within 10 days, it shall automatically be withdrawn”. Naturally, Terri’s parents immediately rejected the offer.


MYTH:
Terri's Medical Trust fund has been used to care for her


FACT: The following expenditures have been paid directly from Terri's Medical Trust fund, with the approval of Judge George Greer:

Summary of expenses paid from Terri’s 1.2 Million Dollar medical trust fund
(jury awarded 1992)

NOTE:  In his November 1993 Petition, Schiavo alleges the 1993 guardianship asset balance as $761,507.50

Atty Gwyneth Stanley
Atty Deborah Bushnell
Atty Steve Nilson
Atty Pacarek
Atty Richard Pearse (GAL)
Atty George Felos

$10,668.05
$65,607.00
$7,404.95
$1,500.00
$4,511.95
$397,249.99

Other

1st Union/South Trust Bank $55,459.85
Michael Schiavo $10,929.95

Total  $545,852.34

 

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Terri Schiavo - Timeline

 

Terri Schiavo - CBC Timeline
[ NB: Compare with Associated Press Timeline below ]

CBC News Online | March 23, 2005

Source: http://www.cbc.ca/news/background/schiavo/


Terri SchiavoTerri Schiavo
Terri Schiavo suffered brain damage in 1990, leaving her in what doctors call a persistent vegetative state. She can breathe on her own but needs a feeding tube to keep her alive.

Her husband and legal guardian, Michael, and her parents, the Schindlers, have been involved in a legal dispute since 1998 over Michael Schiavo's wish to remove his wife's feeding tube and let her die.

The tube was removed March 18, 2005. Without the tube, the 41-year-old woman could die in two weeks.

Feb. 25, 1990:
Terri Schiavo collapses at home. Her heart stops beating temporarily, leading to brain damage because of a lack of oxygen.

June 18, 1990:
A court appoints Terri's husband Michael Schiavo as her guardian. Schiavo's parents, the Schindlers, do not object.

August 1992:
Terri Schiavo is awarded $250,000 US in an out-of-court malpractice settlement with one of her doctors.

November 1992:
Terri Schiavo's husband Michael Schiavo wins a malpractice case against another of Terri's doctors. He is awarded about $750,000 US for her care and about $300,000 US for himself.

July 29, 1993:
The Schindlers attempt to remove Michael Schiavo as Terri Schiavo's guardian. The court would later dismiss the suit.

March 1, 1994:
A court-appointed guardian says Michael Schiavo has acted appropriately and attentively toward his wife.

May 1998:
Michael Schiavo files a petition to remove Terri Schiavo's feeding tube. The Schindlers oppose the petition. The court appoints another guardian to Terri Schiavo.

Dec. 20, 1998:
The guardian reports that Terri Schiavo is in a persistent vegetative state with no chance of improvement. He also says her husband's decision-making may be influenced by the potential to inherit Schiavo's estate.

Feb. 1, 2000:
Judge George Greer rules that Terri Schiavo would have chosen to have her feeding tube removed and orders that it can be removed.

March 24, 2000:
Judge Greer stays his order to remove the feeding tube until 30 days after the Schindlers exhaust all their appeals.

April 20, 2001:
The Schindlers win a stay until April 23 to exhaust all their possible appeals.

April 23, 2001:
The U.S. Supreme Court refuses to intervene in the case.

April 24, 2001:
Terri Schiavo's feeding tube is removed.

April 26, 2001:
The Schindlers file a civil suit against Michael Schiavo, claiming he perjured himself when he testified that his wife had an aversion to remaining on life support. Pending the trial, Judge Frank Quesada orders the feeding tube reinserted.

Nov. 22, 2002:
Judge Greer rules that Terri Schiavo's feeding tube should be removed Jan. 3, 2003.

Dec. 13, 2002:
Judge Greer stays his order to remove the feeding tube until an appeal court can rule on the case.

June 6, 2003:
An appeal court affirms Judge Greer's order, says Michael Schiavo can remove the feeding tube on Oct. 15.

Aug. 22, 2003:
Florida Supreme Court declines to review the decision.

Sept. 17, 2003:
Judge Greer orders the removal of the feeding tube on Oct. 15.

Sept. 22, 2003:
The Schindlers petition Federal Court.

Oct. 7, 2003:
Florida Gov. Jeb Bush files a brief in Federal Court supporting the Schindlers' efforts to stop the removal of the feeding tube.

Oct. 10, 2003:
A Federal Court judge rules he lacks jurisdiction to hear the case.

Oct. 15, 2003:
Terri Schiavo's feeding tube is removed.

Oct. 21, 2003:
The Florida Senate passes a law, known as "Terri's Law," giving Gov. Bush the power to order doctors to feed Terri Schiavo. He issues an executive order and her feeding tube is reinserted. Michael Schiavo files a lawsuit in state court arguing that "Terri's Law" in unconstitutional.

Oct. 31, 2003:
Judge David Demers appoints another guardian to Terri Schiavo.

Dec. 1, 2003:
Guardian reports that Terri Schiavo is in a persistent vegetative state with no chance of improvement.

May 6, 2004:
County Court Judge Douglas Baird rules that "Terri's Law" is unconstitutional and a violation of the right to privacy. Gov. Bush appeals the decision.

Sept. 23, 2004:
Florida Supreme Court unanimously affirms the lower court decision that "Terri's Law" is unconstitutional.

Oct. 4, 2004:
Gov. Bush files a motion to rehear the case. The court would later deny the motion.

Dec. 3, 2004:
Gov. Bush files a petition to the U.S. Supreme Court to accept the case for review.

Jan. 24, 2005:
The U.S. Supreme Court refuses to review the Florida court ruling that "Terri's Law" in unconstitutional.

Feb. 16, 2005:
Randall Terry, founder of the anti-abortion group Operation Rescue, appears with the Schindlers at a news conference. He says his organization will hold protest vigils against the removal of the feeding tube.

Feb. 25, 2005:
Judge Greer orders that Michael Schiavo can remove his wife's feeding tube on March 18, 2005.

March 12, 2005:
Michael Schiavo turns down an offer of $1 million US from a Florida businessman to keep his wife alive.

March 16, 2005:
Florida Appeals Court refuses to block the removal of the feeding tube.

March 17, 2005:
The Schindlers file a petition to the U.S. Supreme Court to block the removal of their daughter's feeding tube. The court denies the petition.

March 18, 2005:
The U.S. House of Representatives and U.S. Senate attempt to the block the removal of the feeding tube, but Judge Greer rejects the moves. The feeding tube is removed for the third time in accordance with court orders.

March 19, 2005:
The U.S. Senate delays its Easter recess to work through the night on a "private bill," a law applying to only one individual, Terri Schiavo, calling on the Federal Court to review her case. It passes the bill and the U.S. House of Representatives returns from Easter recess for a special session to debate the law.

March 21, 2005:
Shortly after 12:30 a.m., the House votes 203-58 to suspend its rules and pass the private bill. U.S. President George W. Bush signs it into law at 1:11 a.m.

Federal Judge James Whittemore hears arguments from both sides in the case, and adjourns without ruling.

March 22, 2005:
Judge Whittemore rules that the Schindlers had not established a "substantial likelihood of success" at trial and refuses to order the reinsertion of Terri Schiavo's feeding tube.

The Schindlers launch an appeal in the 11th U.S. Circuit Court of Appeals in Atlanta.

March 23, 2005:
In a 2-1 ruling at 2:30 a.m., a panel of judges in the Court of Appeals rejects the Schindlers' appeal, saying they "failed to demonstrate a substantial case on the merits of any of their claims."

The Schindlers' lawyer says he will take the case to the U.S. Supreme Court.

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Terri Schiavo - Associated Press
Timeline
(an update from the Associated Press' March 24th, 2005 version as published in the San Francisco Chronicle)


Key Dates in Terri Schiavo Case

Thursday March 31, 2005 11:16 AM
As appears in The Guardian Unlimited - Source: The Associated Press
http://www.guardian.co.uk/worldlatest/story/0,1280,-4903818,00.html


Timeline in the case of Terri Schiavo:

- Feb. 25, 1990: Schiavo collapses in her home from a possible potassium imbalance caused by an eating disorder, temporarily stopping her heart and cutting off oxygen to her brain.

- November 1992: Schiavo's husband, Michael, wins more than $1 million in a malpractice suit.

- July 29, 1993: Bob and Mary Schindler try to have Michael removed as their daughter's guardian. They accuse him of not properly caring for Schiavo. 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, agreeing that she had told her husband she wouldn't want to be kept alive artificially.

- April 2001: State and U.S. Supreme courts refuse to intervene, and 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, 2002: After hearing medical testimony, Greer finds no evidence that Schiavo has any hope of recovery and again orders tube removed.

- Oct. 15, 2003: Tube removed for second time.

- Oct. 21, 2003: Republican Gov. Jeb Bush signs hastily passed bill allowing him to intervene, then orders tube reinserted.

- Dec. 2, 2003: Independent guardian finds ``no reasonable medical hope'' that Schiavo will improve.

- Sept. 23, 2004: Florida Supreme Court strikes down the law that allowed Bush to intervene and have the tube reinserted as unconstitutional.

- Feb. 25, 2005: Greer gives permission for tube removal at 1 p.m. March 18.

- March 16-17: Florida House passes bill intended to keep Schiavo alive but the Senate defeats a different version. In Washington, lawmakers can't reconcile differences in bills passed by the House and Senate.

- March 18: Feeding tube removed. Greer rules against congressional Republicans who had tried to put off tube removal by seeking her appearance at hearings.

- March 19: Congressional leaders from both parties agree on a bill that would allow a federal court to review the case and prolong Schiavo's life.

- March 20-21: Congress passes the bill after members scramble to return to Washington for an early morning vote. President Bush signs the bill outside his White House bedroom. Parents file an emergency request with a federal judge to have the tube reconnected.

- March 22: U.S. District Judge James Whittemore refuses to order the reinsertion of the tube. Parents appeal to the 11th U.S. Circuit Court of Appeals.

- March 23: The 11th Circuit declines to order the reinsertion of the tube. The Schindlers turn to the U.S. Supreme Court.

- March 24: The U.S. Supreme Court denies the appeal.

- March 25: The Schindlers again ask Greer to intervene, saying Schiavo tried to say ``I want to live.''

- March 26: Greer rejects another effort by the Schindlers to get the feeding tube reinserted; Florida Supreme Court declines to intervene.

- March 29: The 11th Circuit agrees to consider the Schindlers' emergency bid for a new hearing on whether to reconnect her feeding tube.

- March 30: The 11th Circuit declines to intervene. Hours later, the Schindlers appeal to the U.S. Supreme Court, which also refuses to intervene.

 

 

Terri Schiavo - Associated Press Timeline #2

A decade of legal wrangling
Thursday, March 24, 2005
As appears in the San Francisco Chronicle - Source: Associated Press
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2005/03/24/MNGPUBU26D1.DTL

Terri Schiavo has been at the center of a legal battle for more than a decade. Here are the key rulings going back to 1993:

July 29, 1993:
Upset over Terri Schiavo's care and the money awarded to her husband, Michael, in a malpractice lawsuit, her parents, Robert and Mary Schindler, try to have him removed as Schiavo's guardian. The case is later dismissed.

Feb. 11, 2000:
Circuit Judge George Greer approves Michael Schiavo's request to have her feeding tube removed.

April 2001:
State and U.S. supreme courts refuse to intervene, and Schiavo's tube is removed, but another judge orders it reinserted two days later.

Nov. 22, 2002:
After hearing medical testimony, Judge Greer finds no evidence that Terri Schiavo has any hope of recovery and rules that the tube can be removed, but later stays his decision.

Sept. 23, 2004:
Florida Supreme Court strikes down as unconstitutional "Terri's Law" -- a bill passed by the Florida Legislature and used by Gov. Jeb Bush to order Schiavo's tube reinserted six days after it had been removed in October 2003.

Feb. 25, 2005:
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 18:
The feeding tube is removed. Judge Greer rules against congressional Republicans who had tried to put off tube removal by seeking her appearance at hearings.

March 21:
President Bush signs a bill allowing the tube to be reconnected while a federal court reviews the case. The Schindlers file an emergency request with a Tampa federal judge to have the tube reconnected.

March 22:
U.S. District Judge James Whittemore refuses to order the reinsertion of the tube, saying the Schindlers failed to establish a "substantial likelihood of success" on the merits of their arguments. The Schindlers appeal to the 11th U.S. Circuit Court of Appeals in Atlanta.

March 23:
In a series of fast-moving developments:

In the early morning hours, a three-judge panel from the Court of Appeals rules 2-1 against the Schindlers.
Hours later, the full court, by a 10-2 vote, refuses to reconsider the ruling.

The Florida Senate, by a 21-18 vote, rejects a bill that would have prohibited patients like Schiavo from being denied food and water if they did not express their wishes in writing.

A state court blocks attempts by Gov. Jeb Bush and the state's social services agency to take custody of Schiavo and, presumably, reconnect her feeding tube.

The Schindlers appeal to the U.S. Supreme Court. GOP congressional leaders, in papers prepared to be filed with the Supreme Court, argue that the 11th Circuit had "failed to adhere to the plain meaning" of the emergency legislation passed over the weekend.

The White House says it has no further legal options.

 

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Michael Schiavo - A Husband With an Agenda

Excerpted from ...

Killing Terri Schiavo
by Rev. Robert Johansen, Crisis Magazine
http://www.crisismagazine.com/january2004/johansen.htm


A Husband With an Agenda

The immediate cause of Terri’s brain damage was cardiac arrest, which caused her brain to be deprived of oxygen for more than five minutes. In January 1993, Michael Schiavo won a malpractice award of $1.6 million from the hospital that treated Terri. He was also personally awarded $600,000 for loss of consortium. In his testimony, Michael spoke of his love for his wife and his intentions to honor his wedding vows for the rest of his life and to use the award money for Terri’s care and rehabilitation. Indeed, Michael repeatedly assured Bob and Mary Schindler that he would seek rehabilitation therapy for Terri once he had obtained a settlement.

A month after Michael received the money, the Schindlers approached their son-in-law to remind him of his promise. This led to a heated argument, with Bob and Michael yelling in the hall outside Terri’s room. Michael stormed off and vowed that he was going to see his lawyer and that Bob and Mary would “never see [their] daughter again.”

A month after this incident, the Schindlers were informed that Michael had cut off their access to Terri’s medical information. As her husband, Michael was granted guardianship over Terri and had the legal authority to issue the order, which remains in place to this day. Terri’s doctors and nurses were not to discuss her medical condition with the Schindlers. Bob and Mary later learned that shortly after, Michael gave a “Do Not Resuscitate” order for Terri, even though she was in no danger of death.

The staff of Terri’s nursing home was sympathetic to the Schindlers and frequently gave them information in spite of Michael’s medical “gag order.” Later that year, Bob and Mary learned that Terri had a serious urinary tract infection and that Michael had ordered the nursing home not to give her treatment, which would have consisted of a simple course of antibiotics. They were informed by the nursing home staff (going against the gag order), not Michael, as he himself admitted in this exchange with the attorney for the Schindlers in the 1993 guardianship hearing:

Attorney: When you made the decision that you were not going to treat Terri’s infection and you were, in effect, going to allow her to die, did you think that you had any obligation to tell her parents?

Michael: To answer that question, I probably would have let them know sooner or later.

Attorney: You never did let them know, though, did you?

Michael: No.

Left untreated, the infection would eventually have caused sepsis and Terri’s death. Fortunately the nursing home eventually gave Terri the antibiotics anyway, and she recovered.

At this point, Bob and Mary made their first attempt to have Michael removed as guardian. In his deposition for this proceeding, Michael admitted that he had ordered the nursing home to deny Terri treatment for the infection and that he knew the infection, left untreated, would have caused Terri’s death. When asked in the deposition if he would do it again, he said he couldn’t “because evidently there’s a law out there that says I can’t do it.” When asked why he did it, he responded that “[he] was making a decision about what Terri would want.” The judge (at this point, it was not Judge Greer) denied the Schindlers’ petition to have Michael removed as guardian. In 1996, they tried again but were again refused.

In 1998, Michael petitioned the court to remove Terri’s feeding tube. He argued that there was no hope for her recovery and that Terri had expressed the wish to him that she would not want to be kept alive in her condition. This was the first time that Michael had ever claimed such a wish on Terri’s part. Terri’s parents and several of her close friends—who found his assertion totally out of character with what they knew of Terri—vigorously disputed the claim.

The judge then appointed a guardian ad litem, Richard Pearse, to investigate Michael’s fitness as guardian and to make a recommendation about Terri’s feeding tube. Pearse interviewed the various parties, including doctors, and issued his report in December 1998 recommending against Michael’s fitness as guardian and against removing Terri’s feeding tube.

After February 1993, Mr. Schiavo’s attitude concerning treatment for the ward apparently changed. [In January 1993 he received the $1.6 million award].... It is apparent to me that he has reached a point that he has no hope of the ward’s recovery and wants to get on with his own life. [Michael] admitted to the guardian ad litem that he had at least two romantic involvements after Terri’s collapse. [Schiavo was already living with his current girlfriend, with whom he has two children.]

That Michael wanted to “move on” with his life was evident long before Pearse interviewed Michael. In the 1993 guardianship hearing, Michael testified regarding his disposition of some of Terri’s property:

Attorney: What did you do with your wife’s jewelry?

Michael: My wife’s jewelry?

Attorney: Yeah.

Michael: Um, I think I took her engagement ring and her...what do they call it...diamond wedding band and made a ring for myself.

Attorney: What did you do with her cats?

Michael: Her cats were put to sleep on the advice of my mother-in-law.
The veterinarian who euthanized Terri’s pets came forward to say there was never any suggestion from Terri’s mother that this be done, and that it was done only at Michael Schiavo’s insistence.

Pearse also found that Michael’s claim that Terri wouldn’t want to live in her condition wasn’t credible and noted that Michael stood to inherit about $800,000:

[H]is credibility is necessarily adversely affected by the obvious financial benefit to him of being the ward’s sole heir at law in the event of her death while still married to him. Her death also permits him to get on with his own life.

In February 1999, Felos filed a “suggestion of bias” against Pearse and demanded he be removed as guardian ad litem. The judge then hearing the case, Bruce Boyer, took no action on Felos’s “suggestion of bias” or on Pearse’s report. In April of that year, Pearse filed a request that he either be given further instructions or discharged. He reiterated his concerns about Michael’s guardianship and also noted that there would be due process difficulties if the case proceeded to trial without Terri having an independent guardian ad litem. Judge Boyer discharged Pearse without appointing a successor.

The case then proceeded to trial before Judge Greer, who also refused to appoint a new guardian ad litem to represent Terri’s interests in the case.

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Court Developments

arrowGreer Denies DCF authority PDF file - Requires Adobe Acrobat Reader

arrowGreer Denies food and water by mouth PDF file - Requires Adobe Acrobat Reader

arrowGreer Denies new medical tests PDF file - Requires Adobe Acrobat Reader

arrowGreer Denies motion for relief based on his error PDF file - Requires Adobe Acrobat Reader

arrowJudge Sets March 18, 2005 date PDF file - Requires Adobe Acrobat Reader

arrowLibrary of Court Documents


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Affidavit of Suzanne Vitadamo - Terri trying to speak

DECLARATION OF SUZANNE VITADAMO
STATE OF FLORIDA )
COUNTY OF PINELLAS
)


I, SUZANNE VITADAMO, sister of the Petitioner in the above-styled case, hereby declare under penalty of perjury:

I visited with Terri at various times during the day on March 18, 2005, the day her feeding tube was removed.

Terri was in good spirits that morning. My husband, Michael Vitadamo and Terri's aunt, Claudia Tamarro, were in the room with myself and Attorney Barbara Weller when Terri attempted to speak to Mrs. Weller. A female Pinellas Park police office were standing at the door of Terri's room.

Terri was sitting up in her lounge chair and Mrs. Weller and I were sitting on her bed. My aunt was standing at the found of Terri's chair.

Mrs. Weller stood up and learned over Terri. She took her arms in her hands. Mrs. Weller begged Terri to try to say, "I want to live." Terri's eyes opened wide, she looked at Mrs. Weller with great concentration and said, "Ahhhhhhh." Then, with great effort, she screamed, "Waaaaaaaa" so loudly that Michael Vitadamo and the female police officer who were then standing together outside Terri's door, clearly heard her. Terri had a look of anguish on her face and she seemed to be struggling hard, but was she could not complete the sentence. Terri began to cry and Mrs. Weller and I began to stroke Terri's face and hair to comfort her.

Mrs. Weller and I continued to visit and talk with Terri, along with other family members who came and went in the room.

FURTHER YOUR DECLARANT SAYETH NOT.

I hereby declare, under penalty of perjury, that the foregoing is true and accurate to the best of my knowledge and belief. Executed this 22nd day of March, 2005, at Seminole, Florida.

SUZANNE VITADAMO

Sworn to and subscribed before me this 25th day of March, 2005.

 

Affidavit of Attorney Weller - Terri trying to speak

DECLARATION OF BARBARA J. WELLER

STATE OF FLORIDA )

COUNTY OF PINELLAS )

I, BARBARA WELLER, Attorney for Respondents in the above-styled case, hereby declare under penalty of perjury:

I visited with Terri at various times during the day on March 18, 2005, the day her feeding tube was removed.

During the morning I was in the room with Terri and various members of her family. Terri was in good spirits that morning. The mood in her room was jovial, particularly around noontime, as we knew Congressional attorneys were on the scene and many were working hard to save Terri's life. For most of that time, I was visiting and talking with Terri along with Terri's sister Suzanne Vitadamo, Suzanne's husband, and Terri's aunt, who was visiting from New York to help provide support for the family. A female Pinellas Park police office was stationed at the door outside Terri's room.

Terri was sitting up in her lounge chair, dressed and looking alert and well. Her feeding tube had been plugged in around 11 a.m. and we all felt good that she was still being fed. Suzanne and I were talking, joking, and laughing with Terri, telling her she was going to go to Washington D.C. to testify before Congress, which meant that finally Terri's husband Michael would be required to fix her wheelchair. After that Suzanne could take Terri to the mall shopping and could wheel her outdoors every day to feel the wind and sunshine on her face, something she has not been able to do for more than five years.

At one point, I noticed Terri's window blinds were pulled down. I went to the window to raise them so Terri could look at the beautiful garden outside her window and see the sun after several days of rain. As sunlight came into the room, Terri's eyes widened and she was obviously very pleased.

Suzanne and I continued to talk and joke with Terri for probably an hour or more. At one point Suzanne called Terri the bionic woman and I heard Terri laugh out loud heartily. She laughed so hard that for the first time I noticed the dimples in her cheeks.

The most dramatic event of this visit happened at one point when I was sitting on Terri's bed next to Suzanne. Terri was sitting in her lounge chair and her aunt was standing at the foot of the chair. I stood up and learned over Terri. I took her arms in both of my hands. I said to her, "Terri if you could only say ‘I want to live' this whole thing could be over today." I begged her to try very hard to say, "I want to live." To my enormous shock and surprise, Terri's eyes opened wide, she looked me square in the face, and with a look of great concentration, she said, "Ahhhhhhh." Then, seeming to summon up all the strength she had, she virtually screamed, "Waaaaaaaa." She yelled so loudly that Michael Vitadamo, Suzanne's husband, and the female police officer who were then standing together outside Terri's door, clearly heard her. At that point, Terri had a look of anguish on her face that I had never seen before and she seemed to be struggling hard, but was unable to complete the sentence. She became very frustrated and began to cry. I was horrified that I was obviously causing Terri so much anguish. Suzanne and I began to stroke Terri's face and hair to comfort her. I told Terri I was very sorry. It had not been my intention to upset her so much. Suzanne and I assured Terri that her efforts were much appreciated and that she did not need to try to say anything more. I promised Terri I would tell the world that she had tried to say, "I want to live."

Suzanne and I continued to visit and talk with Terri, along with other family members who came and went in the room, until about 2:00 p.m. when we were all told to leave after Judge Greer denied yet another motion for stay and ordered the removal of the feeding tube to proceed. As we left the room, the female police officer outside the door was valiantly attempting to keep from crying.

About four in the afternoon, several hours after the feeding tube was removed, I returned to Terri's room. By that time she was alone except for a male police officer now standing inside the door. When I entered the room and began to speak to her, Terri started to cry and tried to speak to me immediately. It was one of the most helpless feelings I have ever had. Terri was looking very melancholy at that point and I had the sense she was very upset that we had told her things were going to get better, but instead, they were obviously getting worse. I had previously had the same feeling when my own daughter was a baby who was hospitalized and was crying and looking to me to rescue her from her hospital crib, something I could not do. While I was in the room with Terri for the next half hour or so, several other friends came to visit and I did a few press interviews sitting right next to Terri. I again raised her window shade, which had again been pulled down, so Terri could at least see the garden and the sunshine from her lounge chair. I also turned the radio on in her room before I left so that when she was alone, she would at least have some music for comfort.

Just before I left the room, I leaned over Terri and spoke right into her ear. I told her I was very sorry I had not been able to stop the feeding tube from being taken out and I was very sorry I had to leave her alone. But I reminded her that Jesus would stay right by her side even when no one else was there with her. When I mentioned Jesus' Name, Terri again laughed out loud. She became very agitated and began loudly trying to speak to me again. As Terri continued to laugh and try to speak, I quietly prayed in her ear, kissed her, placed her in Jesus' care, and left the room.

FURTHER YOUR DECLARANT SAYETH NOT.

I hereby declare, under penalty of perjury, that the foregoing is true and accurate to the best of my knowledge and belief. Executed this 22nd day of March, 2005, at Seminole, Florida.

BARBARA J. WELLER

Sworn to and subscribed before me this 25th day of March, 2005.

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TAKE ACTION - Sign the Petition to Save Terri Schiavo

text of the Petition to Save Terri Schiavo

TO: Governor Jeb Bush, Florida Legislators, and Federal Judges
CC: President George W. Bush

As a concerned citizen, I am signing this “Petition to Save Terri Schiavo” and I am urging you to take immediate action to stop the forced starvation of Terri Schiavo. It is vitally important to safeguard Terri’s right to life. Further, we cannot afford to set a legal precedent which puts the lives of other Americans at risk. I support legislative, judicial and executive efforts that will stop the forced starvation of Terri Schiavo.

 

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Terri's Fight - Your Help Could Help Save an Innocent Woman - Terri Schindler-Schiavo

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