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American Morning

Another Chapter in Legal Fight for Terry Schiavo's Life

Aired October 22, 2003 - 08:04   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


BILL HEMMER, CNN ANCHOR: Back to Florida now. Another chapter in the legal fight for Terry Schiavo's life. Less than a week after her feeding tube was removed, the brain damaged woman receiving fluids by order of the governor in defiance of her husband's wishes.
In a moment, we'll talk with Terry Schiavo's father and brother.

First, though, back to John Zarrella live in Florida with more there -- John, good morning.

JOHN ZARRELLA, CNN CORRESPONDENT: Good morning, Bill.

It certainly was a wild ride for Terry Schiavo's parents, her brother and sister yesterday, as the changing events continued throughout the day and into the evening. Late yesterday afternoon, Terry Schiavo was moved from the hospice behind us. She was taken to another hospital in the area where some more acute care could be given and so that that feeding tube and so that the rehabilitation process could begin.

The attorney representing her husband Michael Schiavo, that attorney went to court yesterday seeking a temporary injunction to block the feeding tube from being reinserted. The judge refused, but said that Attorney Felos could return within five days and file for a permanent injunction. The attorney is arguing that what has happened, what has taken place, the governor's order is a violation of an individual's rights.

(BEGIN VIDEO CLIP)

GEORGE FELOS, MICHAEL SCHIAVO'S ATTORNEY: Just because the governor may believe that removal of feeding tubes is wrong, it doesn't allow him, nor does it allow the legislature, to say to a patient, we don't care what you wanted, we're going to force feed you against your will because that's what we believe. That's simply wrong and we believe the court will find that law to be unconstitutional.

(END VIDEO CLIP)

ZARRELLA: Attorney George Felos also saying that he is concerned, he says, that because she was off of the feeding tube for so many days that it is possible, doctors are telling him, that Terry Schiavo may already have begun to suffer some forms of organ failure, perhaps kidney failure. That is what Attorney George Felos is saying this morning -- Bill.

HEMMER: John, thanks. John Zarrella in Florida.

Let's stay in Florida now, where Terry Schiavo's family has fought long and hard to keep her alive. Never harder, though, than the past week.

Terry's father, Bobby Schindler, Sr., and her brother, Bobby, Jr., now joining us again from that same location in Florida.

Good morning to both of you.

We were speaking with the attorney for Michael Schiavo last hour. He says essentially you, as the family, is working an end run right now, working through the state legislature as opposed to the courts.

How do you respond to his comment in the case on that matter?

BOBBY SCHINDLER, SR., TERRY SCHIAVO'S FATHER: I really can't respond to that because, you know, we had nothing really to do with that, other than to make a plea to the governor. And after the governor viewed Terry's videotapes and saw that she is not in the condition that she had been described as, that she was very alert and she was very active -- she's a live human being and responsive -- that's what moved them.

So it wasn't an end run on our part.

HEMMER: Yes, the attorney says doctors disagree. They say she will never come out of her current state. You disagree with that. Why are you so convinced?

BOBBY SCHINDLER, SR.: Well, I don't disagree with it. There's -- we have close to 15 doctors that are on record with the courts saying that she can improve and will improve. That's versus, I think at best he has maybe four, maybe five doctors who have testified that she cannot. So it's -- we have the majority of doctors that are very excited about Terry's recovery.

HEMMER: Mr. Schindler, if I could ask your son this next question, can you give us an idea about how you communicate with her and how she responds?

BOBBY SCHINDLER, JR., TERRY SCHIAVO'S BROTHER: Well, every time that we go in and see Terry and we greet her, Terry becomes very alert, very responsive, and she tries her hardest to communicate with us. She tries to vocalize and it's the only way Terry knows how to speak to us. She's been denied therapy for over 10 years. So we have to teach her to speak again.

But she clearly tries to speak with us and talk with us, and especially her mother. When her mother sees -- when Terry sees her mother, her face lights up and immediately she tries to talk to her.

HEMMER: Tell us why you believe rehabilitation will bring her back. BOBBY SCHINDLER, JR.: Well, we have, I believe, six or seven neurologists now, one being a nominee for a Nobel Prize, a Nobel Peace Prize, that all have examined Terry and they believe without a doubt that if she would just get the rehabilitation that we're asking for it would be a short amount of time before Terry would respond to that and they're just uncertain on how far she would come back, but she would make incredible progress if we could just give her that chance.

HEMMER: If I could go back to your father for a moment here, how is your relationship, if you could describe to us, please, how is your relationship with Michael?

BOBBY SCHINDLER, SR.: Well, we have no relationship with Michael. We haven't for the past 10 years when he stopped Terry's rehabilitation. And that really, that's -- the whole basis of this was that we were pleading with him to rehabilitate her and he would not do that. So it really made for difficulties.

HEMMER: One final thought here before we let you go. Five days left now for Michael Schiavo to file court papers again with the court. Do you believe ultimately this ends up in the State Supreme Court in Tallahassee?

BOBBY SCHINDLER, SR.: I have no answer to that. That's a battle between, you know, Schiavo and the governor. And we're kind of on the sidelines just watching now.

HEMMER: All right, listen, thanks for sharing your story.

Bobby Schindler, Sr., Bobby Schindler, Jr., both live in Pinellas Park, Florida.

BOBBY SCHINDLER, SR.: Thank you.

HEMMER: You've got it.

And appreciate your time this morning.

BOBBY SCHINDLER, JR.: Thank you.

BOBBY SCHINDLER, SR.: Thank you.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com







Aired October 22, 2003 - 08:04   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Back to Florida now. Another chapter in the legal fight for Terry Schiavo's life. Less than a week after her feeding tube was removed, the brain damaged woman receiving fluids by order of the governor in defiance of her husband's wishes.
In a moment, we'll talk with Terry Schiavo's father and brother.

First, though, back to John Zarrella live in Florida with more there -- John, good morning.

JOHN ZARRELLA, CNN CORRESPONDENT: Good morning, Bill.

It certainly was a wild ride for Terry Schiavo's parents, her brother and sister yesterday, as the changing events continued throughout the day and into the evening. Late yesterday afternoon, Terry Schiavo was moved from the hospice behind us. She was taken to another hospital in the area where some more acute care could be given and so that that feeding tube and so that the rehabilitation process could begin.

The attorney representing her husband Michael Schiavo, that attorney went to court yesterday seeking a temporary injunction to block the feeding tube from being reinserted. The judge refused, but said that Attorney Felos could return within five days and file for a permanent injunction. The attorney is arguing that what has happened, what has taken place, the governor's order is a violation of an individual's rights.

(BEGIN VIDEO CLIP)

GEORGE FELOS, MICHAEL SCHIAVO'S ATTORNEY: Just because the governor may believe that removal of feeding tubes is wrong, it doesn't allow him, nor does it allow the legislature, to say to a patient, we don't care what you wanted, we're going to force feed you against your will because that's what we believe. That's simply wrong and we believe the court will find that law to be unconstitutional.

(END VIDEO CLIP)

ZARRELLA: Attorney George Felos also saying that he is concerned, he says, that because she was off of the feeding tube for so many days that it is possible, doctors are telling him, that Terry Schiavo may already have begun to suffer some forms of organ failure, perhaps kidney failure. That is what Attorney George Felos is saying this morning -- Bill.

HEMMER: John, thanks. John Zarrella in Florida.

Let's stay in Florida now, where Terry Schiavo's family has fought long and hard to keep her alive. Never harder, though, than the past week.

Terry's father, Bobby Schindler, Sr., and her brother, Bobby, Jr., now joining us again from that same location in Florida.

Good morning to both of you.

We were speaking with the attorney for Michael Schiavo last hour. He says essentially you, as the family, is working an end run right now, working through the state legislature as opposed to the courts.

How do you respond to his comment in the case on that matter?

BOBBY SCHINDLER, SR., TERRY SCHIAVO'S FATHER: I really can't respond to that because, you know, we had nothing really to do with that, other than to make a plea to the governor. And after the governor viewed Terry's videotapes and saw that she is not in the condition that she had been described as, that she was very alert and she was very active -- she's a live human being and responsive -- that's what moved them.

So it wasn't an end run on our part.

HEMMER: Yes, the attorney says doctors disagree. They say she will never come out of her current state. You disagree with that. Why are you so convinced?

BOBBY SCHINDLER, SR.: Well, I don't disagree with it. There's -- we have close to 15 doctors that are on record with the courts saying that she can improve and will improve. That's versus, I think at best he has maybe four, maybe five doctors who have testified that she cannot. So it's -- we have the majority of doctors that are very excited about Terry's recovery.

HEMMER: Mr. Schindler, if I could ask your son this next question, can you give us an idea about how you communicate with her and how she responds?

BOBBY SCHINDLER, JR., TERRY SCHIAVO'S BROTHER: Well, every time that we go in and see Terry and we greet her, Terry becomes very alert, very responsive, and she tries her hardest to communicate with us. She tries to vocalize and it's the only way Terry knows how to speak to us. She's been denied therapy for over 10 years. So we have to teach her to speak again.

But she clearly tries to speak with us and talk with us, and especially her mother. When her mother sees -- when Terry sees her mother, her face lights up and immediately she tries to talk to her.

HEMMER: Tell us why you believe rehabilitation will bring her back. BOBBY SCHINDLER, JR.: Well, we have, I believe, six or seven neurologists now, one being a nominee for a Nobel Prize, a Nobel Peace Prize, that all have examined Terry and they believe without a doubt that if she would just get the rehabilitation that we're asking for it would be a short amount of time before Terry would respond to that and they're just uncertain on how far she would come back, but she would make incredible progress if we could just give her that chance.

HEMMER: If I could go back to your father for a moment here, how is your relationship, if you could describe to us, please, how is your relationship with Michael?

BOBBY SCHINDLER, SR.: Well, we have no relationship with Michael. We haven't for the past 10 years when he stopped Terry's rehabilitation. And that really, that's -- the whole basis of this was that we were pleading with him to rehabilitate her and he would not do that. So it really made for difficulties.

HEMMER: One final thought here before we let you go. Five days left now for Michael Schiavo to file court papers again with the court. Do you believe ultimately this ends up in the State Supreme Court in Tallahassee?

BOBBY SCHINDLER, SR.: I have no answer to that. That's a battle between, you know, Schiavo and the governor. And we're kind of on the sidelines just watching now.

HEMMER: All right, listen, thanks for sharing your story.

Bobby Schindler, Sr., Bobby Schindler, Jr., both live in Pinellas Park, Florida.

BOBBY SCHINDLER, SR.: Thank you.

HEMMER: You've got it.

And appreciate your time this morning.

BOBBY SCHINDLER, JR.: Thank you.

BOBBY SCHINDLER, SR.: Thank you.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com