Deadline Looming For Terri Schindler-Schiavo
By Dave Andrusko
March 4 - - As NRL News goes to press, there are a host of developments rapidly unfolding in the Terri Schindler-Schiavo case. For up-to-the-moment information, go to www.nrlc.org.
At press time, David Gibbs, the lawyer for Terri's parents, continues to file motions with Pinellas Circuit Court Judge George Greer. In a ruling handed down February 25, Greer set March 18 as the expiration date for the stay that prevents Terri's husband, Michael Schiavo, from disconnecting the feeding tube through which Terri receives her food and fluids.
"The court is no longer comfortable granting stays simply upon the filings of new motions," Greer wrote. "There will always be 'new' issues." Characteristically, he said that three weeks gave "respondents ample time to appeal."
If the tube is disconnected, Terri will die of starvation and dehydration, a hideous death that can take up to two weeks. Terri's tube has twice been removed but later reinserted.
Gibbs is pulling out all the stops on behalf of Bob and Mary Schindler.
The Schindlers have asked Greer to allow Terri to divorce Michael Schiavo.
"We have filed divorce proceedings because of [Michael Schiavo's] total disregard for Terri as his wife," Bob Schindler said at a February 27 rally in Jacksonville, Florida the Associated Press (AP) reported. "He is married to Terri, but he is living with another woman and he has two children by her. It has become quite obvious that his priorities are not in Terri's best interest."
All in all, as of March 2, Gibbs reportedly had filed 16 motions. Greer said there would be a conference on some on them March 5.
According to a statement posted on the Terri Schindler-Schiavo Foundation web page, on February 28 Greer had already denied motions for "Updated neurological evaluations based on new MRI testing protocols; A motion to compel the deposition of Michael Schiavo; A petition for extraordinary authority to provide Terri Schiavo with updated rehabilitative protocols; A petition for divorce, citing open adultery on the part of Terri Schiavo's husband and guardian; An objection to the guardian's annual guardianship plan; A motion to remove Michael Schiavo as guardian, citing his failure to comply with Florida Law mandated guardianship requirements."
Meanwhile, there is another, potentially key actor who has taken a role in the dispute.
The Florida Department of Children & Families (DCF) has asked Greer to allow it to be included in the Schiavo case.
"Attorneys involved in the case have said the agency is looking into reports that Terri Schiavo was abused and wants Greer to issue a 60-day stay on the tube's removal while DCF investigates," the AP reported. The Tampa Tribune and television station WFLA have gone to court to ask Judge Greer to open up the contents of the document filed by the DCF, a request the department opposes.
Gibbs is also asking for new medical tests to be taken. Terri's exact condition is the subject of a bitter controversy.
Specialists brought in by Michael Schiavo say Terri is in a so-called persistent vegetative state. Specialists brought in by the Schindlers say she is not. Pointing to new tests used on patients with severe brain injuries, Gibbs wants time to have Terri tested as well.
Florida Gov. Jeb Bush has been instrumental in helping save Terri. "I can assure you, I will do whatever I can within the means, within the laws, of our state to protect this woman's life," Bush told reporters at one press conference. "I won't go beyond that."
It was Gov. Bush who helped lead in the charge in October 2003 that saved Terri's life. Her tube had been removed, and, after six days, she was starving and dehydrating to death.
Working in conjunction with state legislators, Bush helped bring about the enactment of "Terri's Law," which empowered Bush to reinsert the feeding tube. The Florida Supreme Court eventually struck down the law on separation-of-powers grounds.
"People with deep faith and big hearts are concerned, as I am, about the circumstance that Ms. Schiavo is in," the governor continued. "I want them to know I will do what I can, but there are limits to what any particular person - - irrespective of the title they currently hold - - can do."
For the latest on Terri, go to www.nrlc.org.