Legal Update on Schiavo Case +

Legal Update on Schiavo Case +
Fri Feb 18, 2005 19:56
64.140.158.59

-------- Original Message --------
Subject: Legal Update on Schiavo Case + updates on TV tonight + Activists Say Stop Pullling Tube Feedings + LifeTree Explains Timeline of Culture of Death Movement + What's not to like in Baby +
Date: Fri, 18 Feb 2005 18:46:59 -0500
From: Ron Panzer patientadvocates@hospicepatients.org
To: Hospice Patients Alliance hpa@hospicepatients.org


This is a Hospice Patients Alliance Newsletter February 18, 2005, sent out
periodically reporting about news affecting hospice and end-of-life care.

Hospice Patients Alliance has the greatest respect for the dedicated
professionals serving in hospitals, nursing homes, hospices and doctors'
offices who respect patients' rights to self determination, practice
ethically and do NOT impose death on their patients!


###



ARTICLES, DATES AND ANNOUNCEMENTS

Legal Update in Schiavo Case
Updates Tonight on TV
Parents Seek New Tests for Right-To-Die Fla. Woman
Activists Say to Stop Pulling Tube Feedings
LifeTree.org Explains How Culture of Death Purposely Changes our Society
What's Not to Like in Million Dollar Baby


###

Schindlers file Motion to Stay Mandate with 2nd DCA
(Papal Appeal - February 15, 2005)
http://www.terrisfight.org/documents/MtntoStayMandate-2ndDCA.pdf

Schindlers file new Motion for Stay with Judge Greer
(Guardianship - February 15, 2005)
http://www.terrisfight.org/documents/1.540b4motiontostay-2nd.pdf

Schindlers submit Notice of Deposition of Michael Schiavo
(Regards their petition to remove Michael Schiavo as Guardian - February
15, 2005)
http://www.terrisfight.org/documents/NoticeofDepo-Schiavo.pdf

Schindlers file Subpoena for the Deposition of Jodi Centozone
(Guardianship - February 15, 2005)
http://www.terrisfight.org/documents/SubpoenaCentozone.pdf

and see:

Note from Cheryl Ford:

The parents of Terri Schiavo, Bob and Mary Schindler will be discussing her
story, recent case developments and more with Paula Zahn tonight (February
18, 2005) on CNN's Paula Zahn Now. The program airs at 8.00pm ET (GMT-5).

Additionally, Schindler attorney, David Gibbs, will be on EWTN's The World
Over at 8.00pm ET (GMT-5) with updates on the legal battle to protect Terri
Schiavo's life.

You can find your local channel on http://tv.yahoo.com/.

EWTN's web site - www.ewtn.com
Paula Zahn's web site - http://www.cnn.com/CNN/Programs/paula.zahn.now/


Fight4Terri @aol.com
www.fight4terri.blogspot.com
Visit Terri's site: www.terrisfight.org

Cheryl Ford, RN (Fight4Terri@aol.com) is not affiliated with any other
group and works as an independent volunteer promoting the protection of
Florida's disabled community.

and see:

Terri Schiavo's Right To Life – It’s Now Or Never
http://www.nationalledger.com/corneroffice/article_1140.shtml
Writer L.A. Morris has some harsh words of criticism for the trio of men
seeking to end the life of Terri Schiavo...

"There are millions of reasons to save this person’s life, and they all
boil down to you and me. If a law isn’t found or made to protect this one
person, the law won’t protect any of us, and we’ll have no one but
ourselves to blame."
[go online for article]

###

Parents Seek New Tests for Right-To-Die Fla. Woman
http://olympics.reuters.com/newsArticle.jhtml?type=domesticNews&storyID=766
5711

CLEARWATER, Fla. (Reuters) - The parents of a brain-damaged Florida woman
at the center of a right-to-die battle said on Thursday they would ask a
court to order new medical tests before she is allowed to die.

Robert Schindler, the father of Theresa "Terri" Schiavo, said the tests
should be done because of a recent study that found patients with brain
damage may be more aware of their surroundings than doctors previously
thought.

Schiavo, 41, has been in what some doctors say is a persistent vegetative
state since a 1990 heart attack. She can breathe on her own but cannot feed
herself or communicate.

Her husband, Michael Schiavo, says his wife would not want to continue
living in her condition and wants permission to remove her feeding tube.

The Schindlers say their daughter responds to them and should be given
treatment.

The case has pitted right-to-life groups against advocates for the right to
die and civil libertarians and become a rallying point for Christian
evangelicals as well as advocates for the disabled.

Schiavo's feeding tube was removed in October 2003, but the Florida
Legislature passed a special law giving Gov. Jeb Bush, brother of President
Bush, authority to have it reinserted. The Florida Supreme Court ruled last
year the law was unconstitutional.

"Terri deserves to get these tests. Terri is alert, she's aware. She
deserves a chance," Schindler told a news conference at the Pinellas County
Courthouse with his wife, Mary, at his side.

He also cited the case of Sara Scantlin, a Kansas woman who recently began
talking for the first time since an accident 20 years ago.

David Gibbs, the attorney for the parents, said he would file a court
motion on Monday asking for new medical tests.

"Any action to end Terri's life would be totally premature," Gibbs said.

A stay blocking Michael Schiavo from removing his wife's feeding tube might
be lifted as early as next Tuesday and Robert and Mary Schindler have
recruited prominent anti-abortion activist Randall Terry to organize
protests at the White House and in the Florida state capital, Tallahassee.

Gibbs said he would seek to have the stay extended and pursue other motions
to keep Schiavo alive. Those include trying to replace Michael Schiavo as
his wife's guardian.

Related:
Brain-damaged patients are aware of surroundings, study suggests
http://www.azcentral.com/news/articles/0208awareness08.html

Brain Damaged Woman Speaks after 20 Years
http://www.family.org/cforum/fnif/news/a0035531.cfm

and see:

LIFE AND DEATH TUG OF WAR
Activists: Stop pulling feeding tubes
Group says patients like Terri Schiavo should be given chance

February 18, 2005 By Sarah Foster WorldNetDaily.com
Prompted by reports of new findings that certain brain-injured people may
be more aware of their surroundings than heretofore thought, a national
disability rights group is calling for a moratorium on the practice of
withdrawing feeding tubes from patients like Terri Schindler-Schiavo, who
are alleged to be in either a persistent vegetative or minimally conscious
state.

Not Dead Yet, an Illinois-based organization, says no one should be starved
or dehydrated to death unless tested under a protocol described in a study
published in the February issue of the journal Neurology. Using special
brain-imaging technology – magnetic resonance imaging – neuroscientists
discovered high levels of brain activity in two men thought to be minimally
conscious and essentially brain-dead. The MRI scans of the patients
revealed that under certain stimuli their patterns of brain-activity were
comparable to those of healthy people.
[go online for complete article]

###

LifeTree.org has an online timeline explaining how the culture of death has
consciously shaped our society to turn our legal system into a
death-dealing monster without any recourse. Funding of foundations,
research and death-dealing organizations that promote the culture of death
is described. Take a look and email this to everyone concerned about the
threat to our society by those who would kill off the vulnerable:
http://www.lifetree.org/timeline.html

###

What’s not to like about a ‘Million Dollar Baby?’
by: Mary Jane Owen Pittsburgh Catholic Publishing Feb 18, 2005

http://www.pittsburghcatholic.org/columnists_storys.phtml?id=726newsandfeat
ures.phtml
The following column analyses from the perspective of a disabled Catholic
the movie “Million Dollar Baby.” In doing so, the column discusses the
conclusion of the film.

Why are people in wheelchairs picketing the likely winner of more Oscars
than can fit on a Hollywood mantel? Unfortunately, media responses to these
attempts by disabled people to grab public attention and educate audiences
about the dangers we see in “Million Dollar Baby” are puny in comparison to
the fuming rage directed by the film’s advocates against the so-called
“right-wing zealots.”

Those opponents of “Baby” attack the neat and fictional “snuff” ending in
Clint Eastwood’s film. Our concerns are more complex. We fear the impact
this movie’s vivid and fabricated choices will have on our continuing
struggle to normalize the ways we have found to live our lives and fulfill
our God-given potential.

Unfortunately, each of us in our everyday lives are reminded of the
negative stereotypes that guide the public’s view of our value. We
understand that an increasingly utilitarian view of human life calls for
some to be the throw-away people.

There is little hint in the first hour and a half of “Million Dollar Baby”
of the message that comes during its closing minutes. The hesitant struggle
of two emotionally isolated and flawed individuals who find mutual healing
captivates the audience in what otherwise might seem a rather predictable,
feel-good fight film.

The growing affection of Frankie, a hapless trainer and owner of a grungy
gym, for Maggie, who thinks her only escape from trailer-park poverty is by
way of professional boxing, warms our hearts. Their lives are forever
changed by mid-film. We watch the redemption orchestrated with gentle
concern by an old one-eyed ex-boxer named Eddie. We need such tender images
in our contemporary movies.

But then comes the sucker punch.

If there were greater knowledge and public support of options and
opportunities for those of us with severe disabilities we could join in the
view expressed by Roger Ebert when he mused: “A movie is not good or bad
because of its content, but because of how it handles its content. ‘Million
Dollar Baby’ is classical in the clean, clear, strong lines of its story
and characters, and had an enormous emotional impact.”

That review would make sense to us if we were sure audiences would
recognize that the power and motivations in those final scenes are played
for theatrical effect. They include too many inaccuracies and negative
stereotypes to reflect our realities. That “enormous emotional impact” can,
in the knowledge vacuum of too many of our contemporaries, result in
agreement with the frightening words, “Better dead than disabled.”

The fallacious factors used to justify Frankie’s decision to kill Maggie
are disturbing and reinforce the ideals of the culture of death. It is true
in today’s culture that the cheapest, most efficient way to cure
disabilities is to eliminate those of us who have succumbed to the
vulnerability God built into our human bodies. The dreary visual images
that end this prize-winning film reinforce our shared fears and can
encourage those concerned about social justice to dismiss us and return to
more traditional populations.

Not everyone who is spinal-injured will choose to struggle through
rehabilitation to find the victories, joy and lessons to be learned on the
other side of initial depression. But at the very least, the public needs
to know the challenges of human vulnerability do not necessarily call for
assisted suicide and death.

The fiction of Maggie’s life post-injury is heartbreaking. I pray that
those who view this film will remember this is a dramatic fabrication and
seek mutual discussions and explorations with people with disabilities.

If not, then the culture of death awaits us.

Owen is founder and national director of Disabled Catholics in Action. She
is a partially hearing wheelchair user who recently regained her sight
after 30 years of blindness. She is set to speak at 7:30 p.m. March 10 at
St. Paul Seminary as part of the 2005 Adult Lecture Series.


###

Until next time,

Ron Panzer
President, Hospice Patients Alliance
http://www.hospicepatients.org


"What I do you cannot do;
but what you do, I cannot do.
The needs are great, and none of us,
including me, ever do great things.
But we can all do small things, with great love,
and together we can do something wonderful." - Mother Teresa

###

What better way to show your support for the original hospice mission than
to help save those disabled who are wrongly being held in a hospice that
supports the killing of the disabled. Help save Terri Schiavo by purchasing
the beautiful music CD "LIFE" by Mr. Wayne Galley created just for Terri
and other vulnerable individuals. Sales of the CD support the efforts to
save the disabled who are targeted for killing within hospice.

Those who have already ordered the LIFE CD know how inspiring and uplifting
it is! We urge all of you to order the LIFE CD and to spread the word by
letting others know about this wonderful musical tribute to Terri and the
cause of LIFE! You cannot listen to this music without being deeply moved!

Listen to the Demos ...
"I HAVE A RIGHT TO LIVE" and
"I AM ALIVE" at:
http://www.hospicepatients.org/life-cd.html

If you already have the CD, please let everyone know how it affected you.

Terri's family and friends encourage you to get the LIFE CD: each purchase
benefits Terri's Foundation. You will not be disappointed when you hear
the music MR. Galley has written for Terri.

The LIFE CD: only $15 plus shipping and handling! Your order directly
benefits Terri's Foundation. PLEASE place your order now at:
http://www.hospicepatients.org/life-cd.html

###

HPA works to preserve the ORIGINAL hospice mission of CARING for the dying
and allowing a natural death in its own timing, NOT hastening death or
imposing death! We support the role of hospices to care and relieve
suffering, just as Mother Teresa did for so many years! We urge you to
share this message with others who are interested.

###

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