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Schiavo legal battle nears end

2005-03-27 08:13

Pinellas Park, Florida - After another round of losses in the courts, Terri Schiavo's parents kept watch over their dying daughter, trying in vain to give her Easter communion as their attorneys acknowledged the fight to reconnect the brain-damaged woman's feeding tube was nearing an end.

Attorneys for Bob and Mary Schindler decided not to file another motion with a federal appeals court, essentially ending their effort to persuade federal judges to intervene - something allowed by an extraordinary law passed by Congress.

Late on Saturday, the Florida Supreme Court dismissed a request from the parents' attorney to have their daughter's feeding tube reinserted, turning aside an emergency petition arguing that a Pinellas County judge ignored new evidence of Schiavo's wishes and her medical condition.

At least two more appeals loomed by the state and Governor Jeb Bush, but those challenges were before the state 2nd District Court of Appeal, which has rebuffed the governor's previous efforts in the case.

Family supporters said Schiavo's breathing became increasingly laboured during the day. An attorney for the Schindlers, Barbara Weller, said hospice workers began giving morphine to Schiavo to ease pain brought on by her body's failure.

Schiavo's husband, Michael, has said she would not want to be kept alive artificially. The Schindlers believe their daughter could improve and say she laughs, cries, responds to them and tries to talk.

Weller said Terri cried when her mother hugged her Saturday night. "She knows what's going on. She was trying to vocalise something with Mary."

"The governor should know that Terri still knows who her mother is, and she's extremely distressed," Weller said. "She's not a vegetable who doesn't know what is happening."

Not willing

Many supporters of the Schindlers say Bush could simply ignore the courts and take emergency custody of Schiavo. But Bush, himself a convert to Roman Catholicism, has said he's not willing to go beyond the boundaries of his powers.

Earlier, Pinellas Circuit Judge George Greer rejected the family's latest motion. The family claimed Schiavo tried to say "I want to live" hours before her tube was removed, saying "AHHHHH" and "WAAAAAAA" when asked to repeat the phrase.

Doctors have said her previous utterances weren't speech, but were involuntary moans consistent with someone in a vegetative state. Greer agreed.

Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. She left no living will.

Doctors have said she would probably die within a week or two of her feeding tube being pulled, which was done March 18 after Greer sided with her husband. Her body wracked by dehydration, attorneys for her parents said she may not last through the weekend.

- AP

inside news24

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