Judge set to rule on Schiavo case

Dec 24, 2003
JONI B. HANNIGAN
Managing Editor

CLEARWATER (FBW)-The legal battle over a woman's right to life came one step closer to being decided Dec. 23 when a circuit court judge said he's ready to rule on the constitutionality of "Terri's Law," opening the door for the possible removal of the 40-year old brain-damaged woman's feeding tube.

Circuit Court Judge Douglas W. Baird told attorneys for Florida Gov. Jeb Bush he needs neither testimony from witnesses or a jury to help him decide whether the Legislature's quick action in October was unconstitutional.

Baird, who has previously indicated he believed the Gov.'s action was unconstitutional, did not issue his decision immediately, but said he will wait until an appeals court rules on three actions Bush has filed in the case. It is unclear when the appeals court will rule, although legal observers suggest it could be days or weeks

Terri Schiavo ia a 40-year-old brain damaged woman who collapsed in 1990 due to unusual circumstances which caused her heart to stop beating. She is now in what some doctors term a "persistent vegetative state."

Michael Schiavo, Terri's husband and legal guardian, has been in a bitter dispute for nearly a decade with Terri's parents, Bob and Mary Schindler, who believe she never received the therapy that would have allowed her to improve. [For more information see Terri Schiavo: A life at stake.]

Michael Schiavo, according to court records and an earlier interview with the Schindlers, has not sought aggressive therapy for Terri in nearly a decade. After winning a malpractice settlement in 1992, Michael placed a "do not resuscitate" order on Terri and more than eight years ago began a long-term relationship with another woman with whom he has now fathered two children.

In October, the case received national attention after the Florida Legislature empowered Gov. Jeb Bush to issue an executive order which provided for the reinsertion of Terri's feeding tube which Michael Schiavo had requested removed six days earlier. The authorizing bill was dubbed, "Terri's Law." It was predicted that Terri would have died within 7-10 days had her only source of nutrition and hydration not be reestablished.

In court documents filed since that time, the judge has refused Bush's request to interview witnesses. One of the witnesses would have been Michael Schiavo's live-in girlfriend. Others included caregivers who have had contact with Terri Schiavo and who might have been able to speak to her husband's claim that it would be her wish to die because of her medical condition.

''The prognosis is gloomy,'' said Kenneth Connor, who represents Bush and the Legislature, according to a WorldNetDaily report. If the governor loses, Connor said he will appeal.

Michael Schiavo's attorney, George Felos, told reporters he is ''encouraged'' by Baird's decision against new testimony, but did not claim victory. Felos cited privacy issues in charging Terri's law unconstitutional.

Connor argued, however, that Bush's actions were necessary to protect Terri Schiavo, one of Florida's most "particularly vulnerable" citizens.

The new law provides an extra layer of protection in cases where there are no written directives by requiring an independent advocate be appointed to represent Terri Schiavo's interests.

"The implications of this case reach beyond the life and death of the young woman in this heart wrenching tragedy," Bush said in a statement. "The law insures Floridians who cannot speak for themselves will have an independent, neutral representative to advocate for their interests and wishes. If we abandon the law, we accept a dangerous precedent with the power to erode the rights of self-determination of people with disabilities."

The governor's questions are similar to those raised in a petition filed by the Schindlers seeking the removal of Michael Schiavo as Terri's guardian. The petition charged Michael Schiavo could have both abused and neglected Terri, and that he has apparently had a conflict of interest.

Lawyers on both sides expect Baird's pending ruling is just another step before the case eventually ends up before the Florida Supreme Court.

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