Schiavo case: 11th hour, again
In a case that has seen years of twists and turns, observers think
today's ruling might not be the last.
By WILLIAM R. LEVESQUE, Times Staff Writer
Published February 22, 2005


A lawyer for Terri Schiavo's husband said Monday the feeding tube
that has kept the brain-damaged woman alive for 15 years will be
removed at 1 p.m. today - unless a court stops him.

But after a chaotic round of legal jousting Monday, the only
certainty by day's end was uncertainty, and no one knows if a court
will step in to prevent an act that could end Schiavo's life within
two weeks.

David Gibbs III, an attorney representing Schiavo's parents, said he
is still optimistic he will find a way to thwart efforts to end
Schiavo's life and saw no need for the courts to rush to do it.

Bob and Mary Schindler have "watched many miracles occur on behalf
of their daughter, Terri," Gibbs said. "They continue to pray that
there will be another miracle. ... We don't need to rush to Terri's
death."

But George Felos, an attorney representing Schiavo's husband,
Michael, said he will proceed to remove the feeding tube as soon as
legally able.

"It's been five years since the courts ordered Mrs. Schiavo's life
support discontinued," Felos said. "This woman has been force-fed
against her will for five years. This is not a rush to judgment."

It would be the third time since 2001 that Schiavo's feeding tube
has been removed. The last time, action by Gov. Jeb Bush and state
lawmakers in October 2003 forced doctors to reinsert it.

On Monday, the 2nd District Court of Appeal announced that it would
issue a mandate at 1 p.m. today, an order that essentially finalizes
a previous ruling that denied the Schindlers' attempt to win a new
trial to determine their daughter's wishes.

Once that mandate is issued, a stay granted by Pinellas-Pasco
Circuit Judge George Greer preventing the tube's removal would be
automatically lifted.

Gibbs had asked for a hearing to be scheduled Monday to ask Greer
for another stay. But he said Greer declined to consider the matter
before the appeals mandate is released, and the hearing was pushed
back until Wednesday.

Meanwhile, Gibbs said, Felos told him in a phone conversation Monday
Michael Schiavo planned to remove the feeding tube Tuesday.

So Gibbs filed an emergency petition for a stay Monday, seeking to
block the tube's removal until, at the least, after Wednesday's
hearing. Greer declined to rule immediately.

Gibbs said it is possible that the appeals court mandate will
instruct Greer on when and how to set a date and time for the tube's
removal.

Felos, however, disagrees, though he acknowledges the
unpredictability of a case that has attracted international
attention and has a history of complex legal maneuvers. "I suppose
anything is possible," he said.

By delaying a ruling on an emergency stay until at least 1 p.m.
today, Greer appears to be signaling that he expects the appeals
court may indeed instruct him on how to proceed.

To further confuse everything, a court spokesman late Monday e-
mailed reporters that Greer had issued a stay, when, in fact, he
hadn't.

Bob Schindler said Monday that it is clear to his family that his
daughter is responsive and still has brain function, even responding
to people. "It's nothing more than coldblooded murder," Schindler
said of actions to end his daughter's life.

Terri Schiavo, 41, has been in what her husband and some doctors say
is a persistent vegetative state without any consciousness or
ability to recover since 1990, when she collapsed from a suspected
chemical imbalance.

Her parents disagree and insist that she has cognition and may
improve with therapy.

A court found in 2000 that Schiavo would not want to live by
artificial means, ruling that the feeding tube should be removed.
Felos said Michael Schiavo, as his wife's guardian, is compelled by
court order to end her life.

As legal avenues close to them, Schiavo's parents have mounted a
public relations campaign to block Michael Schiavo and have said
Operation Rescue founder Randall Terry will coordinate efforts.

[Last modified February 22, 2005, 01:12:18]

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