by Steven Ertelt
November 17, 2004
Lakeland, FL (LifeNews.com) — Attorneys for Terri Schiavo’s parents Bob and Mary Shchindler on Monday filed papers opposing an appeal by Terri’s estranged husband Michael asking a Florida appeals court to lift the stay a local judge put in place preventing him from removing her feeding tube.
Michael hopes to remove the gastric tube, which would cause Terri a painful two-week-long starvation death.
The Schindlers lost their latest attempt to save Terri’s life when Circuit Court Judge George Greer said he did not agree with the Schindlers’ contention that statement from Pope John Paul II, saying removing the tube would constitute "euthanasia by omission," meant Terri’s First Amendment religious rights would be violated by euthanizing her.
However, Judge Greer put in place a stay preventing removal of Terri’s feeding tube until the Schindlers exhausted all legal appeals.
In their motion asking the Florida 2nd District Court of Appeals to deny Michael’s request to overturn the stay, the Schindlers say he "has wholly failed to demonstrate that the trial court abused its discretion" in putting the stay in place.
"It is not enough for appellee to simply disagree with the trial court’s stay, he must demonstrate that the trial court made a decision that no reasonable person would make," the Schindler’s papers indicated.
The Schindlers’ attorneys also filed a second brief with the 2nd district appeals court asking that court to allow oral arguments on the question of whether to lift the stay.
They say the court should allow oral arguments because of the "extraordinarily final nature of appellee’s motion to vacate the trial court’s stay in this matter, and in view of the extraordinary national attention being given to this entire case."
George Felos, the euthanasia advocate who is Michael’s lead attorney, has said that if the appeals court hears the Schindlers’ request to declare killing Terri would be a violation of her religious liberties, Michael is considering quitting the legal battle.
"Mr. Schiavo is seriously considering just simply not participating in appellate proceedings," Felos told the Springfield Times.
Acknowledging that such a move may make it more likely that the appeals court would rule in favor of Terri’s parents, Felos added, "What’s his alternative otherwise? His alternative is participating in a shell game in which he continually wins but the case is never concluded."
Meanwhile, Florida Governor Jeb Bush is waiting for the Supreme Court to determine whether it will hear an appeal of his efforts to uphold Terri’s Law, the measure that allowed him to direct doctors to keep the feeding tube in place.
Related web sites:
Terri Schiavo’s parents – https://www.terrisfight.org
Opposition to Motion to Vacate Stay – https://www.terrisfight.org/documents/111504oppstay.pdf
Request for Oral Arguments –