Flanked by spiritual advisors Brother Hilary McGee, left, and Brother Paul O'Donnell, right, from the Franciscan Brothers of Peace in St. Paul, Minn., Bob Schindler, second from left, his wife Mary, and Bob Schindler Jr., in background, make their way to a news conference, Friday afternoon, Feb. 25, 2005, at the Woodside Hospice in Pinellas Park, Fla. (AP Photo/Chris O'Meara)

Florida—The family of Terri Schindler Schiavo now has only three weeks to find a way to prevent their son-in-law from removing their disabled daughter’s feeding tube, beginning the process of ending her life by dehydration and starvation. The ruling came on the 15th anniversary of the disputed incident that caused her brain injury.

Pinellas-Pasco County, Fla., Circuit Judge George Greer stated that he is “no longer comfortable” granting short-term stays in the case while Terri’s family appeals rulings in favor of Terri’s husband and guardian, Michael Schiavo.

“Even though the court will not issue another stay,” Greer wrote, “the scheduling of a date certain for the [removal of Terri’s feeding tube] will give [Terri’s parents] ample time to appeal this denial, similar in duration to previous short-time stays granted for that purpose.”

Greer then set the date to terminate Terri’s nutrition and hydration via feeding tube, “Therefore, it is ... ordered and adjudged that absent a stay from the appellate courts, the guardian, Michael Schiavo, shall cause the removal of nutrition and hydration from the ward, Theresa Schiavo, at 1:00 p.m. (Eastern) on Friday, March 18, 2005.”

Pamela Hennessy, a volunteer spokeswoman for the Terri Schindler Schiavo Foundation and the Schindler family, told Cybercast News Service that the news could have been worse.

“If this gives enough time for the Department of Children and Families to investigate what we consider to be very serious allegations of abuse and neglect of Terri, then the family certainly sees it as a good thing,” Hennessy said.

“However, there are still legal issues in front of Judge Greer (including) the petition to remove Michael (Schiavo) as guardian and the petition for new testing protocols to be used with Terri that have not been decided,” he said.

But Greer states in his ruling that he will not consider those, or any other issues.

“Also, the Court is no longer comfortable granting stays simply upon the filing of new motions and petitions since there will always be ‘new’ issues that can be pled,” Greer wrote. “[Terri’s family] will need to demonstrate before the appellate courts that their requests have merit and accordingly are worthy of a stay.”

Hennessy said Greer’s thought process is baffling.

“We don’t really find it very logical to order that a woman’s life should end (beginning on) March 18th when there are still items in front of Greer that may very well support her parent’s position that her life should be spared,” Hennessy explained, “I think, as a responsible jurist, he needs to let all these issues be heard.”

Lawyers for Terri’s parents, Robert and Mary Schindler, have filed motions to remove Michael Schiavo as Terri’s guardian based on his failure to fulfill reporting requirements of the Florida guardianship laws.

The Schindler’s also contend that Schiavo should not be Terri’s guardian because he is living with and has fathered two children by another woman. Florida law mandates that a spouse guilty of adultery cannot serve as the guardian for a disabled spouse due to the inherent conflict of interest.

The Florida Department of Children and Family Services has also requested a 60-day stay so that it can investigate an 11-page complaint alleging abuse and neglect related to the failure to provide Terri with rehabilitation and therapy services mandated by law.

Michael Schiavo’s attorney, noted Florida “right-to-die” activist George Felos, has previously denied abuse charges against his client, calling them “hogwash.”

Dispute over the cause of Terri’s brain injury

An ambulance was dispatched to the Schiavo home on Feb. 25, 1990, responding to a report that Terri had “collapsed.”

Michael Schiavo later received more than $1 million in malpractice settlements and awards on Terri’s behalf, claiming that the oxygen depravation that caused her brain damage was the result of a heart attack caused by potassium imbalance resulting from a misdiagnosed eating disorder.

While the oxygen depravation and the existence of brain damage are not in dispute, the cause of that oxygen depravation and the extent of the brain damage are matters of vehement disagreement pitting Schiavo against Terri’s parents and siblings.

Terri’s family has presented evidence, including a 1991 bone scan report, that independent medical experts have agreed indicates Terri was the victim of an assault.

Felos has also denied that his client ever assaulted Terri.

Schiavo and doctors he hired or recommended to the court claim Terri is in a “persistent vegetative state,” which is defined by Florida statute 765.101 as “a permanent and irreversible condition of unconsciousness in which there is: (a) The absence of voluntary action or cognitive behavior of any kind. (b) An inability to communicate or interact purposefully with the environment.”

But an August 11, 2001, videotape, shot in violation of court orders by Terri’s father, shows Terri smiling when her mother kisses her on the cheek. When Mary Schindler begins to more playfully kiss her daughter’s face, Terri can be seen and heard laughing in response.

In another portion of the tape, Mary Schindler asks her daughter if she can say “Mom,” and Terri can be heard trying to speak and seen trying to form words with her mouth. At one point, Terri gives the appearance of frustration, furrowing her brow and losing her smile.

“She gets frustrated, you can hear it in her voice, when she can’t communicate like I’m sure she wants to, it’s difficult for her,” Mrs. Schindler said. “But that’s her best effort to say, ‘I’m in here, and I’m trying to talk to you.’”