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Schiavo's Parents Appeal Judge's Ruling
TAMPA, Fla. — A federal judge early Tuesday morning refused to order the reinsertion of Terri Schiavo's (search) feeding tube, which prompted lawyers for the severely brain-damaged woman's parents to file a notice of appeal to a higher court. U.S. District Judge James Whittemore, Clinton appointee in 1999, said Bob and Mary Schindler had not established a "substantial likelihood of success" (So let her dehydrate anyway) at trial on the merits of their arguments.Schiavo's tube was removed Friday after the Schindlers' appeals to keep the tube in place failed in state court. Tuesday marked the fourth day without her feeding tube. Congress and President Bush took unprecedented action over the weekend, enacting a new law that permitted Schiavo's parents to take their case to federal court. Rex Sparklin, an attorney with the law firm representing the Schindlers, said lawyers were appealing to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life." The Atlanta court was notified of the intent to appeal Tuesday morning, but the actual appeal had not been filed as of 10:30 a.m. EST. Judge Whittemore also found that Schiavo's due process rights had been upheld throughout the litigation process. {SNIP} Carla Sauer Iyer, a registered nurse who provided care to Terri Schiavo from 1995 to 1996 at a convalescence home in Largo, Fla., told FOX News in an interview Tuesday that her patient would interact with staff, was alert and aware and could talk. "Her cognitive abilities including laughing, talking, letting you know she was in pain," Iyer told FOX News, adding that Terri Schiavo could say words like "mommy," "help me," "hi" and "pain." She also said Schiavo had accurate reflexes on demand. Nurses also were able, at times, to feed Terri thickened liquids such as pudding and Jello with a baby bottle. Iyer also claims that one time when she put a washcloth in Terri's hand to test her reflexes, Michael Schiavo would get upset and say, "that's therapy — take that washcloth out." "I think a gag order has been put on all positive things that Terri has done," claimed Iyer. Iyer said she was coming forward "to let the truth be known, to let the people know. I was one of the few people who was able to see Terri. She was able to talk, communicate with staff ... I want the public to know the truth." Dial "M" for murder Michael Schiavo has not responded to repeated interview requests from The Associated Press and FOX News Channel. Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly because of a possible potassium imbalance brought on by an eating disorder. She can breathe on her own, but has relied on the feeding tube to keep her alive. Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery, while her parents insist she could recover with treatment. Doctors have said Schiavo could survive one to two weeks without the feeding tube. Friday marked the third time Schiavo's feeding tube had been removed. In both previous instances, the tube was reinserted, once on a judge's order and once after Fla. Gov. Jeb Bush signed "Terri's Law," which was later declared unconstitutional. Gov. Bush, brother of the president, praised Congress for their work on Monday. But after the ruling Tuesday, he was described by a spokeswoman as "extremely disappointed and saddened" over the judge's decision not to order the tube reconnected. "Gov. Bush will continue to do what he legally can within his powers to protect Terri Schiavo, a vulnerable person," said spokeswoman Alia Faraj. The Associated Press contributed to this report Posted by: BigEd 2005-03-22 |
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