By Jeff St.Onge and Ann Woolner
March 26 (Bloomberg) -- Terri Schiavo's parents face dwindling options after a U.S. federal appeals court and a state judge again rejected requests for orders to reinsert a feeding tube into the brain-damaged Florida woman.
Florida Judge George Greer ruled today after an emergency hearing yesterday in which Mary and Bob Schindler's lawyer, David Gibbs, said they believed Schiavo made sounds that meant she ``has expressed a desire to live.'' The Schindlers plan to appeal Greer's decision to the state Supreme Court, the Associated Press said, citing a family spokesman.
The Schindlers also said today they would end their federal appeals, the AP reported. The 11th U.S. Circuit Court of Appeals in Atlanta said yesterday the parents' legal rights had been ``afforded in abundance.'' The appeals were made possible by a law Congress passed and President Bush signed March 21 allowing the parents to go to federal court. Schiavo's feeding tube was removed March 18, and doctors say she now may have only days to live.
``Any fair observer would say that the legal struggle is over here,'' said George Felos, the attorney for Schiavo's husband and legal guardian, Michael, during a media briefing shown on Cable News Network. Felos said he had received no notice of an appeal to Greer's ruling. ``If there's anything that Mrs. Schiavo would want, it's not only to die with dignity and peace, but also to have the country at peace over this matter.''
Seven-Year Battle
Schiavo has been in a persistent vegetative state for 15 years. The parents have battled in state courts for seven years against Michael Schiavo, who argues his wife wouldn't want to be kept alive artificially.
``What you're seeing is a textbook example of judicial tyranny,'' Bob Schindler told reporters after the appeals court ruling late yesterday. ``They either find a way or make a way. They have a mindset to kill Terri.''
Both Schindlers yesterday asked Florida Governor Jeb Bush, brother of President George W. Bush, to take action to keep their daughter alive. A state court earlier this week ruled that the state couldn't take custody of Schiavo.
``I can't go beyond what my powers are, and I'm not going to do it,'' Jeb Bush later told a Florida television station in an interview shown on Cable News Network.
Greer's Ruling
The Schindlers decided against seeking federal review of the 11th U.S. Circuit's decision by three of the court's judges yesterday, the AP said, citing Gibbs. Greer's ruling in state court further limited the Schindlers' legal options.
The Schindlers' attorneys failed to raise the arguments made yesterday in a hearing two days earlier when they had the opportunity, Greer wrote in his ruling.
The attorneys ``do not get to pick and choose which pieces of available evidence they wish to present on an issue and then, relying on the relaxed rules in this type of case, relitigate the same issue again at another emergency hearing two days later,'' Greer wrote.
Greer also said the sounds Schiavo made that were interpreted as a request to live occurred after an attorney in the room, Barbara Weller, ``took Mrs. Schiavo's arms in both of her hands.'' The result was similar to Schiavo's reactions described at a 2002 trial -- that she sometimes responds to stimuli, makes limited vocal sounds and can change facial expressions, Greer wrote in his opinion.
Protesters
Schiavo, 41, suffered severe brain damage in 1990 when her heart stopped because of a chemical imbalance caused in part by an eating disorder.
The battle over Schiavo's fate prompted protests outside her hospice in Florida, with more than two dozen arrests including three children yesterday, CNN reported. A North Carolina man was arrested on a charge of offering a reward for killing Michael Schiavo and a judge in the case, federal prosecutors said in a statement.
The 11th Circuit's 3-0 ruling yesterday came from the same three judges who rejected a previous appeal by the parents earlier this week. In the earlier 2-1 ruling, Judge Charles Wilson dissented. This time, he joined Judges Edward Carnes and Frank Hull in ruling against the Schindlers. The parents might have appealed to the full court or to the U.S. Supreme Court.
The appeals judges' decision related to a ruling by U.S. District Judge James Whittemore yesterday, who said for the second time in a week that the Schindlers didn't show that Schiavo was denied her due process rights. Whittemore's ruling stemmed from the law Congress passed earlier in the week.
Multiple Rulings
The U.S. Supreme Court, without comment, two days ago rejected the Schindlers' emergency request to order reinsertion of the feeding tube. It was the fifth time since 2001 the justices have refused to get involved in the Florida case.
In the last seven years, 19 Florida judges have heard the case and all sided with Michael Schiavo. After the federal appeals court ruled, the Florida Senate defeated a bill to authorize reattachment of the feeding tube.
To contact the reporter on this story: Jeff St.Onge in U.S. District Court in Tampa jstonge@bloomberg.net.
Last Updated: March 26, 2005 16:03 EST
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