New hope for Schiavo parents
30/03/2005 10:46  - (SA)  

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Husband orders autopsy Doctors 'will hasten death' Parents 'dealing with reality' Schiavo's parents give up Schiavo hopes fade Schiavo legal battle nears end Terri Schiavo near death Schiavo 'down to last hours'

Atlanta - A United States federal appeals court early on Wednesday agreed to consider a petition by Terri Schiavo's parents for a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube.

The 11th US Circuit Court of Appeals ruled without comment on Schiavo's 12th day without nourishment. Last week, the same court twice ruled against Schiavo's parents, Bob and Mary Schindler, who are trying to keep her alive.

In seeking a new hearing late on Tuesday, attorneys for Schiavo's parents argued that the District Court "committed plain error when it reviewed only the state court case and outcome history."

Now, the court will consider the request for a new hearing, rather than whether previous Florida court rulings have met legal standards under state law, which is what federal courts have done in the case until now.

First lady got involved

Terri Schiavo's feeding tube was removed on March 18 on a court order sought by her husband, Michael Schiavo, who contends she wouldn't want to be kept alive artificially.

Doctors have said Terri Schiavo, 41, would probably die within a week or two of the tube being removed. She suffered catastrophic brain damage in 1990 when her heart stopped for several minutes because of a chemical imbalance apparently brought on by an eating disorder.

Bob Schindler described his daughter as "failing" following his visit on Tuesday.

Federal courts were given jurisdiction to review Schiavo's case after Republicans in Congress pushed through unprecedented emergency legislation aimed at prolonging Schiavo's life. But federal courts at two levels rebuffed the family.

On Tuesday, the Reverend Jesse Jackson prayed with the Schindlers and joined conservatives in calling for state lawmakers to order her feeding tube reinserted.

The former Democratic presidential candidate was invited by Schiavo's parents to meet with activists outside Schiavo's hospice. His arrival was greeted by some applause and cries of "This is about civil rights!"

"I feel so passionate about this injustice being done, how unnecessary it is to deny her a feeding tube, water, not even ice to be used for her parched lips," he said. "This is a moral issue and it transcends politics and family disputes."

Mary Schindler later made a terse but emotional appeal to Michael Schiavo: "Michael and Jodi, you have your own children. Please, please give my child back to me." Michael Schiavo and fiancee Jodi Centonze have two children, born long after Terri Schiavo's collapse.

George Felos, the husband's attorney, defended how Schiavo is being cared for.

"I can only tell you what I've seen, and Terri is dying a very peaceful, cared-for death."

First lady Laura Bush also commented on the case on Tuesday, saying the government was right to have intervened on behalf of Schiavo.

"It is a life issue that really does require government to be involved," Bush said.

- AP

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