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Bush attorneys: New Schiavo trial needed

Associated Press
Published August 7, 2004

TAMPA - As a Florida Supreme Court showdown looms over the law keeping a severely brain-damaged woman alive, attorneys for Gov. Jeb Bush argued Friday that a new trial is needed to determine Terri Schiavo's end-of-life wishes.

The governor's written arguments respond to those made by attorneys for Michael Schiavo, who is suing Bush over the constitutionality of a specially drafted law that blocked Schiavo's removal of his wife's feeding tube. Schiavo and his wife's parents are battling over his contention that Terri Schiavo said she never wanted to be kept alive if she suffered severe brain damage.

A Bush attorney argued Michael Schiavo has made "unsupported assertions" that Terri Schiavo is in a vegetative state and her death would be painless.

"The last contention, that Terri would want to refuse food and fluids, is crucial because it is the very question the governor has been repeatedly precluded from investigating in this case," Ken Connor wrote in the filing.

Arguments before the court are scheduled for Aug. 31.

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