November
26, 2003 By
Steven Ertelt, LifeNews.com
Editor
news@lifenews.com George
Felos, the assisted suicide advocate who is Michael's lawyer, intends to
file a motion for summary judgment today. Felos is asking Sixth Judicial
Circuit Court Judge Douglas Baird to disregard Governor Bush's request
for a full trial regarding the constitutionality of "Terri's
Law." The
case is currently set to begin in December, but Baird could render a
decision immediately if he grants Michael's motion. Michael's
lawsuit seeks to remove Terri's feeding tube for the third time and end
her life. Felos, who is getting help from the ACLU in the case, claims
Terri's law is a violation of the separation of powers and Terri's right
to privacy under the state constitution. "We
don't need to have a trial; we don't need to have discovery," Felos
said. In
a statement provided to LifeNews.com, Pat Anderson, attorney for the
Schindler family, said, "There are forces working overtime to see
that Terri's feeding tube is pulled again and they won't stop until they
reach that goal." "This
latest attempt to short circuit the judicial process is proof that they
fear new evidence which might save Terri's life," Anderson added. Last
week, Ken Conner, a pro-life attorney representing Governor Bush, filed
a motion asking for a jury trial saying that the facts related to
Terri's Law need to be considered. Conner
says Terri's true wishes need to be established and the only way to do
that is with a series of hearings and a full trial. Terri
left no advanced directive indicating her preference for medical
treatment. Michael claimed years after Terri's collapse that he vaguely
remembered Terri saying she didn't want to be kept alive artificially. However,
a longtime friend of Terri vividly remembers a conversation they had
concerning a woman who had been in a coma for six years. Terri's friend
told a crude joke. It upset Terri and she responded by saying,
"Where there's life, there's hope." Terri's
family also says she would never have wanted to be killed. Conner,
former president of the Family Research Council and Florida Right to
Life, argues that Terri's Law protects Terri and that the state
legislature has a right to be involved in the case that doesn't violate
the power of the courts. Also
last week, Conner asked an appeals court to remove Baird from the case
because they say he will be biased against their response to the
lawsuit. Baird previously indicated he thought the Terri's Law violated
Terri's privacy rights and was "presumptively
unconstitutional" -- which prompted Felos to ask for a decision
now. Baird
has refused to step down. In
reporting on Michael's latest motion on Wednesday, the Associated Press
once again incorrectly stated that Terri "has been in a persistent
vegetative state since 1990" and did not mention that many doctors
disagree with that assessment. Terri,
who collapsed under questionable circumstances, is not in a persistent
vegetative state, according to numerous doctors. She is severely
disabled and may suffer from a crippling form of cerebral palsy, they
say. Although she is currently using a feeding tube to receive
nutrition, she is not hooked up to a ventilator and is able to respond
to family and doctors. Related
web sites: Terri's family - http://www.terrisfight.org
http://www.lifenews.com/bio154.html
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