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Pinellas judge
considers hearing on Terri Schiavo's faith
October 1, 2004
By Vickie Chachere, Associated Press To submit a Letter to the Editor: letters@naplesnews.com Clearwater, Florida - A Circuit Court judge
is considering whether to let attorneys gather evidence on whether
Terri Schiavo was such an obedient Roman Catholic that new statements
from the pope about end-of-life care would change any wishes she might
have had more than 14 years ago.
In a hearing Thursday, attorneys for the parents of the 40-year-old
severely brain-damaged woman argued that Terri Schiavo was a
practicing Catholic whose views on end-of-life issues would be
affected by statements made by Pope John Paul II in March. The pope
said in a speech that a person in a persistent vegetative state still
has the right to basic health care, including nutrition and hydration,
and to withhold it would be a sin.
But George Felos, the attorney for Michael Schiavo, the woman's
husband who has sought to carry out what he said is his wife's wishes
not to be kept alive artificially, argued that the pope's statements
are not reason enough to throw the contentious case back into court.
Circuit Court Judge George Greer said he would decide in coming
weeks whether there should be a hearing. Greer, who
presided over the long-running legal battle, has twice before
granted Michael Schiavo permission to withdraw his wife's feeding tube,
only to have his orders thwarted, most recently in October by Governor
Jeb Bush.
The request for further hearings in the case is among the latest
legal maneuvers by Terri Schiavo's parents, Bob and Mary Schindler, to
find a legal reason to keep their daughter alive.
Last week, the Florida Supreme Court ruled that Governor Jeb Bush
overstepped his authority when he pushed through a law in October
ordering Terri Schiavo's feeding tube be reinserted six days after her
husband had it removed.
The governor's attorneys are reviewing whether to ask the court for
a new hearing or whether the case can possibly be appealed to the U.S.
Supreme Court.
Terri Schiavo remains in good condition at a Clearwater nursing
home, her family said Thursday. She suffered severe brain damage more
than 14 years ago when her heart stopped beating from a chemical
imbalance physicians said was brought on by an eating disorder. She
left no written directive. [NOTE: The Associated Press
CONTINUES to REFUSE to report to the public that the circumstances of
Terri's injury were SUSPECT and that Michael Schiavo was alone with
her when her injury occurred. Visit http://www.propertyrightsresearch.org/articles4/terrifrms.htm for
HUNDREDS of articles and much information to enable you to learn more
about Terri -- the TRUTH about Terri -- and learn how to help her!]
Some doctors have testified she is in a persistent vegetative state
with no hope for recovery, but her parents have countered with their
own medical experts who believe she might have a chance at
rehabilitation.
Felos tried to block the latest legal maneuver, questioning whether
what the pope said in March was new information worthy of reopening
the case or whether Terri Schiavo would have followed the pontiff's
edict.
If a hearing is held, it will be one weighty in Catholic doctrine
as well as include testimony about how closely Terri Schiavo practiced
the Catholic religion, both sides agreed.
"It is not necessary for this court to hold an evidentiary
hearing to determine how many angels can dance on the head of a
pin," Felos told Greer. "It certainly would be a matter the
court should weigh very heavily before going down that road. It is not
a road that is required."
Felos countered that Terri Schiavo may have been raised a Catholic
and attended 12 years of Catholic school, but she was not a practicing
Catholic as an adult.
Her family's attorneys said she was indeed devout and had
even attended mass with her parents in the day before her collapse.
David Gibbs -- who became lead attorney for the Schindlers
this week when their previous lawyer, Pat Anderson, withdrew from the
case -- said the pope's message was an important new
development for Catholics who may now view the withholding of food and
water from someone in Terri Schiavo's condition as a sin.
The pope called doing such a thing "euthanasia by
omission," Gibbs said in a court filing.
"They would be the ones putting Terri on trial," Gibbs
said of Michael Schiavo and his legal team. "Our case is pretty
simple: I say the pope would have changed her mind."
Thursday's hearing marked Gibbs' debut in arguing on behalf of the
Schindlers. Anderson quietly bowed out of the case this week in a move
that Gibbs said caught him by surprise.
The family denies there was any fallout with Anderson. She took
over the case in April 2001, the first time Terri Schiavo's feeding
tube was removed, and instantly won a judge's order to have the tube
reinserted.
The case has since proceeded through dozens of court hearings and
rulings and garnered worldwide attention.
"I am reclaiming my life," Anderson told the St.
Petersburg Times. "It's just time to leave. I've done my part
shoving that rock up the hill. Maybe I'll be able to finally sleep
through the night without waking up at 3 a.m. remembering some
detail."
Copyright 2004, Naples Daily News
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