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Schiavo debate extends to Friday
A judge rejects a state motion, but orders that Terri Schiavo's feeding tube not be removed for two days.
By WILLIAM R. LEVESQUE, STEVE BOUSQUET and LUCY MORGAN
Published February 24, 2005
CLEARWATER - State officials again tried to step into the legal drama over Terri Schiavo's life Wednesday by filing an 11th-hour motion to block the removal of her feeding tube. A judge rebuffed the move, although he extended an order barring the tube's removal until Friday.
The unexpected filing by the Florida Department of Children and Families to investigate reports of abuse against Schiavo was reminiscent of lawmakers' passage of a 2003 law forcing doctors to resume feeding Schiavo after she went six days without food and water.
The DCF move capped yet another day of political and legal intrigue in a case with no shortage of dramatic developments throughout its seven-year history.
Just as in 2003 when lawmakers were spurred to action by thousands of communications from people wanting to keep Schiavo alive, e-mails and phone calls once again flooded Gov. Jeb Bush and lawmakers.
Bush pledged to do "whatever I can within the law" to keep Schiavo alive, but he sent a blunt message to those who oppose removal of her feeding tube by declaring he will obey "the rule of law."
"I'm not going to grandstand," Bush said. "I'm not going to do something that would be completely inappropriate and disrespectful of the laws of the state of Florida."
George Felos, a lawyer representing Schiavo's husband, Michael Schiavo, protested DCF's motion. "This reeks of political arm twisting," he said. "The governor and Legislature are trying to make an end run around the court system."
Schiavo's parents praised the DCF help and said the judge's order preventing removal of the feeding tube, unrelated to the DCF action, was another "miracle" to extend their daughter's life.
"We're really elated," said Bob Schindler as he stood outside the courthouse with wife, Mary, and other family members. "Forty-eight hours to us right now seems like six years."
At Wednesday's critical hearing, Pinellas-Pasco Judge George Greer was asked to consider a request by Schiavo's parents to delay removing the feeding tube so they can pursue appeals to keep their daughter alive. Those include efforts to remove her husband as guardian and seeking new medical tests for Schiavo.
Greer appeared irritated as Kelly McKibben, a counsel for DCF's Orlando office, stepped forward during the hearing to speak on a motion to intervene in the case as a crowd of up to 80 people, most of whom support Schiavo's parents, stirred. Some mumbled, "Amen."
Greer would have none of it, saying DCF was not a proper party to the hearing.
"I'm not going to consider it," he said.
Greer extended for 48 hours a stay set to expire at 5 p.m. Wednesday that prevented the tube that provides food and water from being removed. He did so to consider arguments about whether more time is needed to pursue additional appeals.
DCF officials refused to comment and declined to say who ordered the move to intervene.
Bill Spann, chief of staff at DCF, said the agency could not provide any information because state law prohibits the disclosure of abuse allegations.
If abuse is proved, Spann said, a report is made to law enforcement and custody of the victim can be transferred away from an alleged abuser.
A copy of the DCF motion was not immediately released. The motion does not note who has made the "abuse and neglect" reports and contains little detail of the allegations.
Schiavo's family has previously complained that they believe husband Michael Schiavo had abused his wife.
In 2002, the parents' lawyers filed a motion saying bone scans showed Terri Schiavo's collapse Feb. 25, 1990 may have been caused by a beating that broke several bones. At that time, Felos said Schiavo had osteoporosis.
Bob Schindlersaid: "We've been complaining and complaining and complaining that Terri's been abused and it's fallen on deaf ears."
Felos said DCF has previously investigated "scores" of abuse allegations, though none, he said, have ever been substantiated.
Asked if Bush and state lawmakers were behind the DCF action, Felos said, "It's so transparent. I think the general public realized that."
Jacob DiPietre, Bush's spokesman, declined to discuss the reasons for DCF's attempt to intervene. "It's DCF's job to protect children and vulnerable adults and respond to allegations of abuse and neglect," DiPietre said.
By late Wednesday, Bush's office had received 24,000 e-mails and 200 letters over two days about the case. By late afternoon, House Speaker Allan Bense had received more than 11,500e-mails and 1,200 phone calls.
Bush said his legal advisers were talking with staff members of the Legislature to determine the next step. "There's no specific plan that has been developed or ideas that we can embark on as of yet," he said.
Bush said he had never heard of the concept, advanced by others, that he has the power to take Schiavo into "protective custody."
The legislators who have seized the issue are Sen. Daniel Webster, R-Winter Garden, who was instrumental in the 2003 passage of "Terri's Law," and Rep. Dennis Baxley, R-Ocala. Both men are social conservatives who will face resistance from the Senate, which appears unwilling to intervene again.
In 2003, "Terri's Law," passed during a special session and was tailored to the unique circumstances of the Schiavo case. It was struck down by the Florida Supreme Court this year as unconstitutional.
If Schiavo is kept alive until legislators convene in regular session March 8, lawmakers might consider a bill restricting the right to deny food and water to anyone who did not leave a written directive, Bush said.
Lawmakers' attention was focused on Wednesday's hearing before Greer, which was expected to be a crucial crossroads that may have decided Schiavo's fate.
Felos said he could, but would not, appeal Greer's temporary stay, preferring to see how Greer rules Friday.
David Gibbs III, a lawyer for the Schindlers, told the judge he has five major legal challenges pending. Among them: remove Michael Schiavo as his wife's guardian, conduct additional medical tests to determine the level of Terri Schiavo's consciousness, and appeal to higher courts previous legal challenges rejected by Greer.
"Any rush to judgment when there are pending motions is illogical," Gibbs told Greer.
But Felos said Gibbs is simply making arguments that have been repeatedly rejected.
"That is an abuse of the judicial system," he said. "There will always be another motion. The case simply isn't going to end unless a stay is denied."
Times staff writers Lauren Bayne Anderson, Alisa Ulferts, Marcus Franklin, Lisa Greene and Tom Zucco contributed to this report.
[Last modified February 24, 2005, 04:27:34]
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