Legal wranglings continue over
Terri Schiavo's life
Pete Vere
The Interim
For
Bob and Mary Schindler, this past spring proved tumultuous in the battle
to save their daughter's life. Terri Schindler-Schiavo's situation garnered
international attention last fall when Michael Schiavo, Terri's husband,
had her feeding tube removed. Only the last-minute intervention of Governor
Jeb Bush prevented the young woman's death from starvation and dehydration.
Bush ordered her feeding tube reinserted after the Florida state legislature
passed Terri's Law - a law that allowed the Florida governor to intervene
in the case.
Michael Schiavo, who remains Terri's legal guardian, immediately challenged
the constitutionality of the law under the Florida state constitution.
Over the past several months, a number of new developments unfolded
within the various legal proceedings that pit Terri's husband against
the Florida governor and Terri's family.
Following a visit by Terri's parents on March 29, Michael accused the
Schindlers of inflicting puncture wounds on her arms. Because of the
alleged puncture wounds, Michael prohibited further visits from Bob
and Mary Schindler. He also banned Monsignor Malanowski from Terri's
bedside. Malanowski is the retired military chaplain to whom the Schindler
family have entrusted Terri's spiritual care. He also provides pastoral
support to Terri's friends and family.
"There was little evidence to support the allegation," said Father
Rob Johansen, a close friend of the family. "What is perhaps more interesting
about the timing of the accusation is that they followed closely on
the Schindlers' discovering, and making complaints about, neglect and
poor care of Terri." Johansen adds that the Clearwater Police Department
investigated Michael's accusations and found no evidence of the purported
needle marks. "There was, in the words of the police report, no evidence
of criminal activity and the case has been closed."
Although the police released their findings on May 14, Michael reportedly
still refused to lift the ban. According to Johansen, this refusal on
the part of Terri's husband forced her parents to seek legal recourse
to regain access to their daughter. On June 4, the court ordered Michael
to restore visitation rights to the Schindler family and Malanowski.
"The Schindlers are, of course, relieved and happy to be able to see
Terri once again," Johansen shared. "According to Bob, Terri started
to cry ... Her parents visit her each day. I am not sure when Michael
last visited her. It is obvious that Bob and Mary love her. They see
their daughter acting and interacting with them. They want to save her."
Nevertheless, the disabled woman's family faces an uphill legal battle
as they attempt to vindicate Terri's right to life. Judge George Greer
recently rejected a legal motion from the Schindler family that challenged
Michael's continued legal guardianship over Terri. Michael openly acknowledges
his engagement to another woman, with whom he has two children. The
Schindlers feel this relationship with a third party prevents Michael
from acting in their daughter's best interest. When contacted, the Schindler
family referred The Interim to a press-release on Terrisfight.org -
a website established by Terri's friends and family to disseminate information
to the public. According to the website, the basis for the Schindlers'
most recent challenge was as follows: "Terri's husband had failed to
file guardianship plans on an annual basis as required by Florida Statute
744.3675, had isolated her and had apparently neglected her healthcare
needs to the point that five teeth had been extracted due to decay."
The Schindler family lost another important legal battle to Michael
and his attorney, George Felos, on June 16 when the Supreme Court of
Florida elected to hear Michael's petition against Bush. A lower division
court ruled in favor of Michael. Subsequently, Michael's attorney sought
to have the appeal heard in the Supreme Court of Florida in order to
bypass Florida's intermediary appeals court.
Nevertheless, the Schindler family received additional support on July
12 when a coalition of 17 American disability groups filed a brief in
support of Terri's right to life. "These groups are among the nation's
leading civil rights organizations representing people with disabilities,"
the coalition stated in a subsequent press release. "They join here
to support Terri's Bill, because the standards upon which Ms. Schiavo's
life or death turn may, if defined broadly enough, also be applied to
thousands of people with disabilities who, like Ms. Schiavo, cannot
readily articulate their own views and must rely on third parties as
substitute decision-makers."
Max Lapertosa, attorney for the 17 groups, added: "A judge's order
to terminate the life of a woman with severe disabilities is not a private
family matter ... This case reflects whether our society and legal system
value the lives of people with disabilities equally to those without
disabilities."