Husband appeals again to let wife die
By J. NEALY-BROWN
© St. Petersburg Times, published May 1, 2001
DUNEDIN -- Lawyers for Michael Schiavo filed an emergency motion with an appeals court Monday, asking for the court to order another end to the feeding of Schiavo's wife.
"Based upon what appears to be deliberate misrepresentations made to (Pinellas-Pasco) Circuit Judge Frank Quesada, that court, which had no jurisdiction to do so, entered an injunction forcing the resumption of artificial feeding to my wife, Theresa," Schiavo wrote in a statement read by his attorney, George Felos, at a press conference Monday afternoon.
"How can a local judge undo the decision of an appellate court, when even the Florida Supreme Court and the United States Supreme Court have chosen not to intervene?" Schiavo's statement said.
In a motion filed with the 2nd District Court of Appeal, Schiavo also is asking that other circuit or county judges be ordered to make no rulings in the case regarding Terri Schiavo's feeding without the appellate court's permission.
"Lower courts do not have the authority to reverse higher courts," Felos said. Mr. Schiavo is relying on previous court rulings to allow his wife to die and had already begun a vigil.
"Finally, my wife Theresa is entitled to die with dignity," Schiavo said in his statement. He called Quesada's ruling Friday "a horrible and grievous act."
Quesada ordered Mrs. Schiavo's feedings to resume after her parents filed a petition. Her parents, Bob and Mary Schindler, had learned that Cyndi Shook had a conversation in 1992 with Schiavo about their daughter's care. They claim Shook quoted Schiavo as saying, "How the hell should I know? She was 25 years old and we did not talk about it." Michael Schiavo has previously testified that his wife told him before her 1990 heart attack that she would not want to be kept on life support if something were to happen to her.
The Schindlers claim that Schiavo was talking to Shook about whether his wife would have wanted to be fed through a tube to stay alive. But Shook has said that their conversation was not specifically about whether his wife would have wanted to live the way she does now, but rather whether she would have wanted to stay in a nursing home or in her parents' home.
Shook says the Schindlers took her statements out of context if they are using them to try to keep Mrs. Schiavo alive.
The Schindlers' attorneys are interested in taking a sworn statement from Shook, but she had not been subpoenaed late Monday afternoon, attorneys said.
Felos argues that the Schindlers' complaint is a deliberate misrepresentation of Shook's statements that is intended to interrupt Mrs. Schiavo's death and hurt Schiavo.
"I'm not sure what harm he's referring to other than the fact that Mr. Schiavo won't get to inherit Terri's money right away," said Pat Anderson, an attorney representing the Schindlers. She denied that the Schindlers' petition is fraudulent.
"What is the harm in keeping this girl alive until a jury sorts this out?"
© 2006 • All Rights Reserved • Tampa Bay Times
490 First Avenue South St. Petersburg, FL 33701 727-893-8111
From the Times
local news desks