Terri Schiavo Deserves Representation

Terri Schiavo deserves representation, says David Gibbs III in his motion filed on January 6, 2005.

(PRWEB) January 8, 2005 -- On January 6, 2005, Attorney David Gibbs III filed a motion in the Circuit Court For Pinellas County, Florida, Probate File N. 90-2908GD-003, to void the 2000 order that allowed Michael Schiavo to order doctors to remove his wife's feeding tube. The long and terribly sad saga of Ms. Terri Schindler Schiavo, of Florida, has been ongoing for years. Her spouse insists that her feeding tube be removed so that "her wishes," as approved by the courts, may be honored. Her parents, Bob and Mary Schindler, pray for her life to be spared.

Throughout the years of court battles, the parents have been represented by council as well as Michael Schiavo, the spouse. Terri Schiavo, herself, has not had legal representation.

The battle became extremely difficult for the parents of Terri Schiavo since the ruling in Judge George W. Greer's courtroom in 2003 when, for a second time, a court order was issued to remove the feeding tube of Ms. Schiavo. This was due in part to the evidence presented by her spouse and his two witnesses, a brother and sister-in-law, who recalled a conversation held by Terri prior to her collapse.

From the testimony it was stated that Michael, Terri, his brother and sister-in-law were on a train trip to visit Terri's grandmother in a nursing home. The court transcripts proceed to explain, in Michael's testimony, that the conversation focused around Terri's uncle, who was severely depressed and injured from a car accident following the untimely death of his wife and child in a train wreck. According to Michael Schiavo and his witnesses, that is what stirred the "Terri's wishes" comment. It was testified that Terri stated, "I wouldn't want to live like that." The parents of Terri Schiavo have always questioned that statement as Terri herself was very close to her mom, dad, brother and sister and never indicated any kind of life or death wishes. At the same time, the courts heard testimony by Jackie Rhodes, her good friend and co-worker, who attended with Terri to nursing home visits numerous times.

Per the testimony of Jackie Rhodes,she and Terri had many intimate conversations and Terri never voiced opinions of life and death wishes even after leaving the nursing home upon seeing disabled, sick and ederly patients.

For all who knew Terri, she was always a very compassionate young lady with strong faith in her Catholic religion. Those who advocate for her life question the "wishes" testimony and look at the possibility that Terri was referencing "I wouldnt want to live like that", in reference to the uncle, as meaning,"If I lost my entire family, spouse and children, I wouldn't want to live either." This is just one item that could be evaluated by a lawyer representing Terri. At the same time, should hearsay comments or feelings of a 24 year old be held accountable as to what her wishes may be 14 years later?

Will Terri get her chance to have representation? Attorney David Gibbs III certainly hopes she will have that opportunity.

"In reviewing the many boxes of court filings, we cannot find a single instance where Terri was afforded the right of every American to have a lawyer who would represent her own interests," said attorney David Gibbs III, who represents Terri's parents, Bob and Mary Schindler.

The new motion also argues that a feeding tube was not considered life support at the time she is said to have made it, so even if Terri Schiavo did say she didn't want to be kept alive on life support, that wouldn't affect her feeding tube.

The motion also argues that the courts violated the constitutional separation of powers by acting as judge, lawmaker and proxy-gaurdian. Will representation for Terri Schindler-Schiavo be granted? We will be watching, and praying along with the family.

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