Latest Developments Re: Terri - Feb 21, 2005

Letter faxed to Judge Greer on Monday, February 21, 2005, (though
the fax incorrectly registered the date as February 21, 2025), by
Michael Schiavo's lead attorney, George Felos, states the following
in the last paragraph:

"As this Court knows, the stay of the February 11, 2000 final
judgement authorizing the discontinuance of the ward's artificial
life support expires at 1:00 pm tomorrow, (DCA order attached).
That final judgement, as stated by the appellate Court in Schiavo
II, is a mandatory injunction "compelling" the guardian to
discontinue artificial life support, 792 So. 2d at 559. As such, so
there is no misunderstanding as to the guardian's position, absent
any further stays that might be put in place, the guardian will, as
he is obligated to do, comply with the final judgement, (which
became the order of the appellate court by its Schiavo I mandate, by
discontinuing the ward's artificial life support at 1:00 pm
tomorrow.

Respectfully,
George J. Felos
http://terrisfight.org/
(scroll down on main page at link above
to find the latest developments in this case):


Note from saveterrislife/Melissa: Terri is not on any life
support! The only thing Terri has is a simple feeding tube which
she does not even NEED, as she swallows! Terri does not drool and
can swallow 1.5 to 2 liters of her saliva per day, according to Dr.
William Hammesfahr, expert Neurologist who examined Terri, and
testified in court for the Schindlers. Liquid is one of the hardest
things to swallow. See several quotes regarding this by clicking on
the link below. Florida law designates feeding tubes as life
support, though in reality, they are not!

More of the latest developments can be found on the homepage here
(only in pdf):
http://terrisfight.org/


Latest Developments - Feb 21, 2005

Feb 21, 2005 - Felos letter to judge Greer
Feb 21, 2005 - Emergency motion for clarification and stay
Feb 21, 2005 - 2nd DCA denies motion to withhold mandate
Schiavo rejects the Schindler's settlement offer. (PDF)



http://terrisfight.org/

However, according to the article below, Judge Greer ruled that
Terri's feeding tube cannot be removed until after a hearing on
Wednesday, February 22nd. saveterrislife/Melissa



02.21.05

Schiavo Judge Bars Withdrawal Of Feeding Tube Until Hearing

Michael Schiavo and his attorney, euthanasia advocate George
Felos, have been barred from withdrawing the feeding tube from
Schiavo's brain damaged wife until a hearing can be held Wednesday.

Terri Schiavo, 41, is a patient at Woodside Hospice in Pinellas
Park, Florida, the center of a tug of war between her parents who
are trying to keep her alive and her estranged husband who seeks
court permission to cause her death.

Sixth Circuit Court Judge George Greer ruled late Monday
afternoon that Felos and Schiavo cannot implement their stated plan
to withdraw the gastric feeding tube of Terri Schindler-Schiavo
until a hearing is held to determine if the stay in effect from
Greer's 2000 death order should remain in place while her parents,
Mary and Robert Schindler Sr., continue with their legal options in
trying to keep her alive.

Felos had announced his intent to withdraw the feeding tube which
provides food and water to Terri as soon as the 2nd District Court
of Appeals had issued its final order in a decision handed down Feb.
4 which denied the Schindler's motion to void the death order on
religious grounds.

The beginning of Terri's death by starvation could have begun as
early as 1 p.m. Tuesday but Greer's intervention prohibits Felos and
Schiavo from taking any action to end his wife's death until after
the Wednesday hearing.

Earlier Monday, Felos had denied the request of the Schindlers'
attorney to assure the parents that the tube would not be withdrawn
in the interim period between 1 p.m. Tuesday and another hearing in
the matter which is also scheduled for Wednesday afternoon, a period
of approximately 24 hours.

The Schindlers had feared that Felos and Michael Schiavo would
remove Terri from the hospice and take her to an undisclosed
location to begin death by starvation process which is expected to
take 7 to 10 days. .

Felos had refused and had opposed Schindlers' motion for an
emergency temporary stay, saying that Greer does not have
jurisdiction to extend the stay of his own order.

There is still a three-year-old motion pending before Greer for
the removal of the estranged husband as Terri's guardian. David
Gibbs III, Schindlers' attorney, said the motion to remove Michael
as guardian had been pending since 2002.

Greer has allowed the motion to linger unanswered for three
years.

"All motions should be resolved before ending Terri's life",
Gibbs said. "This is very much like a death penalty case. There
are a number of important issues that need to be resolved before any
action is taken concerning Terri".

Gibbs said that death by starvation would not be allowed in a
criminal case and is "barbaric" in this situation.

He said there are a number of grounds to remove the husband as
guardian. "Simply put, he is acting in an interest contrary to
Terri".

He said there were numerous conflicts of interest, that he is
living with another woman with whom he has two children and that he
has failed to properly provide Terri with medical treatment or
rehabilitation services.

"It is far more appropriate for a blood relative to be guardian
than someone who married into the family and has basically gone on
with his life", Gibbs said.

Pro-life activist Randall Terry who has been engaged to
coordinate a campaign of protests and lobbying in an effort to save
Terri's life, said that "if Michael Schiavo has Terri's feeding tube
removed, we will respond with an avalanche of activism to save Terri
from death by starvation.

"Why is Michael determined to starve this woman?" Terry
asked. "Why won't he just give Terri back to her parents".

http://theempirejournal.com/02210523_schiavo_judge_bars_with.htm