Appeals Court Rules In Favor Of Bush, Schiavo's Parents
 
(Note: Happy Valentine's Day to Terri! She deserves to have something good happen to her! Thanks to all who have been praying and writing letters, making phone calls and sending emails and faxes on Terri's behalf -- don't stop! What you are doing is working!)
 
 
 
 
 
 
 
 
February 13, 2004
 
WFTV Channel 9
 
 
Tampa, Florida - Governor Jeb Bush and the parents of a severely brain-damaged woman won two appellate court decisions Friday in their quest to keep her alive against her husband's wishes.
 
The 2nd District Court of Appeal ruled that Bush's attorneys will be allowed to question witnesses in the court battle over a special law that gave the governor authority to reinsert Terri Schiavo's feeding tube after her husband had it removed in October.
 

 

The appeals court also ruled that Circuit Court Judge W. Douglas Baird of Clearwater did not follow judicial rules when he denied parents Robert and Mary Schindler the ability to intervene in fighting a constitutional challenge to the law.

 

The appeals court ordered Baird to hold further proceedings on that issue.

 

The Schindlers' attorney, Pat Anderson, said she was "stunned" by the rulings, because Florida courts have ruled against her and Schindlers so many times in the past.

 

"It's been three years since the law has been followed in this case," Anderson said.

 

She said she expects another hearing on the question of letting the Schindlers be a party to the constitutional case. If they are granted permission, Anderson could file and oppose motions and question witnesses for them.

 

"We look forward to another opportunity to convince the court that the Schindlers have a legal right to intervene in this case and that their desire to defend Terri's Law meets the standards necessary for the court to grant intervention," said Jay Sekulow of the American Center for Law and Justice, which also represents the Schindlers in the matter.

 

Bush said in a statement that he was pleased with the rulings. The one allowing depositions, he said, "will provide us the opportunity to present questions we believe are still open in this case."

 

"We are hopeful that when the judge hears these questions, he will allow us the opportunity to gather the facts necessary to defend the constitutionality of the statute," Bush said.

 

Michael Schiavo's attorney, George Felos, said the appeals court ruling allows the depositions issue to be revisited at the trial court level, and he expects that it will.

 

"Obviously, we're disappointed that the 2nd DCA has ruled the way it has," Felos said. "Not that the ultimate result is going to be different, it's just going to be further delays."

 

Feedings have been keeping Terri Schiavo alive since 1990, when she suffered brain damage following a heart attack. Some doctors [NOTE: A FEW doctors; many more say that Terri ISN'T.] say the 40-year-old woman, who lives in a Clearwater nursing home, is in a persistent vegetative state with no hope of recovery.

 

Her husband said [but only AFTER he got over one million dollars in a court award] she told him before her illness that she would not want to be kept alive under such circumstances. Her parents doubt she had any such end-of-life wishes and believe she could be rehabilitated with therapy. The sides have been battling in court for years.

 

The narrowly crafted law that allowed Bush to order her feedings resumed was passed by the Legislature in special session in October specifically to save Schiavo's life, six days after her husband had her tube removed with court permission.

 

Felos immediately sued Bush, asserting that the law violated Terri's right to privacy and separation-of-power provisions of the Florida Constitution.

 

In fighting that lawsuit, Bush's attorney, Ken Connor, had sought to take depositions from seven witnesses, including Michael Schiavo and the woman with whom he now has a relationship [and two children], about issues relating to Terri's care and her end-of-life wishes.

 

Felos fought that effort, arguing that the issues raised by governor were irrelevant or were already covered when the witnesses testified in previous proceedings. Baird ruled in Felos' favor, but said he might allow depositions later if it was proven necessary.

 

But the appeals court said Friday that Michael Schiavo "failed to demonstrate good cause for a blanket ban on the taking of depositions."

Copyright 2004, The Associated Press.