Lawyers continue to battle over Terri’s right to live

Dec 3, 2003
JONI B. HANNIGAN
Managing Editor

CLEARWATER (FBW)—In two actions a Florida attorney calls an attempt to "short circuit the judicial process," a lawyer for Michael Schiavo asked a judge Nov. 25 to prevent Gov. Jeb Bush from deposing witnesses in the case and to by-pass court procedure in order to rule on the case himself.

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George Felos, the attorney representing Schiavo, the husband and guardian of a 40-year-old brain damaged woman, Terri Schiavo, filed the motion for summary judgment in Circuit Court in Clearwater asking Judge W. Douglas Baird to rule on Michael Schiavo's lawsuit against Bush without waiting for the case to go through the normal, lengthy judicial process.

Michael Schiavo is suing Bush over "Terri's Law," which the governor signed into law Oct. 21 ordering Terri Schiavo’s feeding tube re-inserted. Six days before the order, Terri’s feeding tube had been removed at Michael Schiavo’s request. He has been fighting with Terri’s parents, Bob and Mary Schindler, for years to remove her source of nutrition [see related Witness stories in the section "Terri Schiavo: A life at stake."].

Michael Schiavo is challenging the constitutionality of the governor's actions, saying they are both a violation of Terri Schiavos right to privacy and the separation of powers.

Meanwhile, Bush's lawyers filed an appeal Nov. 25 to Baird's denial of a motion to dismiss Michael Schiavo's lawsuit. The appeal contends that the lawsuit is invalid because Bush had never been personally served and the petition was not filed in Tallahassee, where the governor is based.

The Nov. 25 filing argues that all orders entered by the trial court on the Schiavo matter are void, including the court's denial of the motion to dismiss.

Nov. 19 the governor's attorneys filed legal motions asking that the lawsuit be put before a jury, claiming the injunction by Michael Schiavo’s lawyer was procedurally deficient, and that Judge W. Douglas Baird would disqualify himself.

Baird refused to take himself off the case, despite saying the new law intruded on Schiavo's privacy rights and was "presumptively unconstitutional."

Ken Connor, the Tampa attorney representing Bush, has said that before Baird can rule on whether Terri Schiavo's medical wishes are being infringed upon, her wishes first need to be established.

In earlier proceedings, a different circuit judge ruled Terri Schiavo said she had not wanted to be kept alive artificially, basing his ruling on testimony about conversations Michael Schiavo, his brother and his sister-in-law said they had with her before she collapsed in 1990 under unusual circumstances which might have been caused by a potassium imbalance.

Bush attorneys argue that the law does not infringe on Terri Schiavo's rights but adds extra protection by requiring the courts to appoint an independent guardian who will investigate the case and report to Bush. That investigation is currently ongoing, according to Pat Anderson, an attorney for the Schindlers.

In other Nov. 25 court actions, Judge Baird ordered a case management conference between Michael Schiavo, Gov. Bush and Florida Attorney General Charlie Crist for Dec. 2 in the judge’s chambers. Also on Nov. 25, Michael Schiavo’s hearing for a motion for a summary judgement was set for Dec. 19.

Anderson said Nov. 26 she believes Felos’ filings are an attempt to delay the discovery of evidence of wrongdoing.

"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," Anderson said, in a statement released by her office. "This latest attempt to short circuit the judicial process is proof that they fear new evidence which might save Terri’s life."

Terri Schiavo is being cared for at a Pinellas Park hospice where she has been for over three years. The legal fight over her has drawn international attention to the so called "right-to-die" movement and the issue of whether living wills can answer questions about end-of-life issues.

Last month, a family supporter, Julie Smithson, from Ohio, initiated a movement known as "Terri’s Lights."

Supporters are being urged to wear green plaid ribbons and to place a light in their window.

And individuals who have had a loved one in a similiar situation or who have themselves been diagnosed as in a "persistent vegetative state" have gone public urging people to get involved and be informed.

"I support life over death, human dignity over indifference, said Kate Anderson, in a Cybercast News Service article. "I support the value of each person regardless of that person’s disability.

Like others, Kate Anderson said eight years ago she was in a hospital’s intensive care unit after a near fatal stroke. After years of therapy, the 41-year-old is an inspirational speaker.

Next week Florida Baptist Witness will publish the story of 22-year-old Amber, daughter of Ron Satterwhite, pastor, North Palm Baptist Church, Hialeah.

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