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Appeals court rejects efforts to have Schiavo's tube reinserted

Mary Ellen Klas, Phil Long and Martin Merzer ; Knight Ridder Newspapers

Issue date: 3/30/05 Section: News
PINELLAS PARK, Fla.--The battle over Terri Schiavo appeared to be entering its final stages Wednesday as a U.S. appeals court refused twice to order her feeding tube restored and a Florida judge issued an emergency order barring state officials from taking the brain-damaged woman into protective custody.
Late Wednesday night, Schiavo's parents, Bob and Mary Schindler, filed an appeal with the U.S. Supreme Court. But the step seemed a long shot--the court has ruled against them four times previously --and there was a growing sense of dismay among their supporters.
"When I close my eyes at night, all I see is Terri's face, dying, starving to death," said Mary Schindler from outside the hospice where Schiavo resides. "Please, someone out there stop the cruelty, stop the insanity. Please let my daughter live."
Schiavo, 41, has been without food and water since her feeding tube was disconnected Friday. Experts said her organs were beginning to sustain injury and she could die within days.
At one point, Florida officials appeared prepared to take Schiavo from the hospice and have her feeding tube reconnected.
During a news conference in Tallahassee, Florida Gov. Jeb Bush announced a new and more optimistic diagnosis by a doctor who spent less than an hour at Schiavo's bedside and didn't fully examine her.
"Terri may have been misdiagnosed and it's more likely she is in a state of minimal consciousness rather than in a persistent vegetative state ... ," Bush said. "If there is any uncertainty, we should err on the side of protecting her."
Other state officials filed a court motion that could be a precursor of an attempt to place her under state custody. They acknowledged that an attempt to remove her from the Hospice House Woodside in Pinellas Park could come at any time.
"We are looking at every potential opportunity to be of assistance," said Lucy Hadi, the secretary of Florida's Department of Children and Families. "There's nothing about this case that has been clear-cut except our concern."
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