Fighting for Dear Life (10 page)

Judge Greer's mistake was that Karen Ann Quinlan did not die in 1976, when she was taken off life support (but not her feeding tube, which was not then considered to be life support). Instead, she lived until 1985. Therefore, Diane's use of the present tense in court when describing her 1982 conversation with Terri was consistent with the facts. Mary Schindler's testimony that Terri was an adult when they conversed about the subject was also confirmed by this mistake in the date of Quinlan's death. The mistake in dates had apparently not been previously noticed. Was the evidence of Terri's death wish still ‘‘clear and convincing,'' we asked.

Judge Greer denied the Schindlers' motion to overturn his 2000 order. He ruled that this mistake was inconsequential because he had not been interested in Terri's views with regard to other people, but only with regard to what she would want for herself.

If Judge Greer's 2000 order to end Terri's life had been a criminal death sentence, this mistake might have entitled Terri to a new trial. But since Judge Greer's death order was a civil death order, the first of its kind in the nation, there was no precedent for a new civil trial and Judge Greer's original order was upheld, notwithstanding this critical mistake.

LARRY KING, BLOWN AWAY

During the late summer of 2004, a series of powerful hurricanes crisscrossed Florida, leaving massive devastation in their wake. In six short weeks four hurricanes hammered the Sunshine State: Charley (August 13), Frances (September 4), Ivan (September 16), and Jeanne (September 26). Floridians were stunned by the relentless barrage of severe weather and, tragically, suffered more than $50 billion in damages. Nearly a year had flown by since October of 2003, when the Florida state legislature voted overwhelmingly in favor of Terri's Law. With its passage the Schindlers believed they had received the miracle we prayed for during our initial meeting. But Michael Schiavo and his legal team were relentless in their efforts to enforce the original death order and to oppose any action by the Florida legislature or the governor to keep Terri alive.

On September 23, 2004, just as Hurricane Jeanne was about to unleash her fury on Florida, we received tragic news: The Florida State Supreme Court had ruled that Terri's Law was unconstitutional.

Like watching precious property swept away by a hurricane, the Schindlers were stunned as they watched Terri's hard-fought legal protection evaporate before their eyes.

Just four days later, Bob, Mary, and I were scheduled to travel to California and tell the Schindlers' story on
Larry King Live
to millions of viewers. One problem: With Jeanne bearing down on us, the Tampa and Orlando airports had closed. Atlanta was in question because of the direction of the storm. In fact, most of Florida was under emergency or evacuation orders. Everybody either had left or had battened down the hatches.

The only airport that looked hopeful was Miami International— on the opposite coast and 250 miles away. Larry King's extremely helpful and kind staff in Washington, D.C., asked me the question, ‘‘Can you get to Miami?'' Bob, Mary, and I decided that for Terri we needed to try.

Granted, residents were advised to stay home if at all possible— except in the case of an emergency. With Terri's life on the line and the opportunity to share the Schindlers' plight with the nation, we figured venturing out qualified as an emergency. On September 26, Bob, Mary, a staff member, and I piled into a car and prepared for the ride of our lives. For about 250 miles, we navigated heavy downpours, high winds, and horrendous thunderstorms as Jeanne clobbered the state.

As we drove through the storm, we saw the devastation that Hurricane Charley had left in its wake. For a number of miles where the eye of the storm had passed, entire exits from the highway were completely leveled. For miles there were no gas stations, no mini-marts. Nothing. All that remained were the toppled carcasses of buildings picked over by Charley. We pressed on.

The farther we drove from Tampa Bay, the storm conditions, while harsh, appeared to ease. Thankfully, we arrived safely. We stayed at a hotel at the airport and grabbed a few hours of rest. Early the next day, although drained from the ride the night before, we escaped the hurricane and took off without further incident to Los Angeles.

Looking back, I believe God knew the Schindlers desperately needed to be encouraged. When the Florida State Supreme Court struck down Terri's Law, it was, needless to say, a huge blow to Bob and Mary and their family. With these recent court rulings and the details about the Schindlers' case starting to dominate the news, complete strangers would introduce themselves. This explained why the flight attendants and a number of passengers on the plane came up to encourage these parents throughout the trip. In some ways that flight to California turned into a pep rally at forty thousand feet!

After we touched down in Los Angeles, I received a phone call. A producer with the Larry King show had some bad news. She informed me that Larry had spent the night before in the hospital, suffering from a bad case of bronchitis. Larry may have to pass on conducting the interview personally. Whether they'd find a substitute host or just do something else was yet to be determined. She'd have to get back to me.

Talk about unfortunate.

We had come so far. . . .

That's when an amazing thing happened. Evidently, the producer shared with Larry King the incredible effort that the Schindlers had made to get there to tell their story. Larry King, clearly impressed by Bob and Mary's depth of conviction, decided to leave the hospital and do the interview personally that night.

Although not feeling well, Larry was gracious, focused, and caring. His professionalism and interest allowed the Schindlers to effectively take their case to the world. At the end of the interview, Larry said, ‘‘Thank you very much for coming, for flying here across the country, out of hurricaneville in Florida and for making the presentation you made tonight. It's been extraordinary.''
4
Those weren't empty words. Privately, he extended his best wishes to the Schindlers for taking a stand for Terri. He shared that this case caused his family and him to discuss these issues on a personal level. Like many Americans were asking at this time, Larry asked why they just couldn't let the parents take care of their daughter.

Needless to say, Bob and Mary were wondering the exact same thing.

CHAPTER EIGHT

YOUR HONOR, I OBJECT!

This woman needs help, not a death sentence. She needs the
warmth of a family that cares for her. She needs the help of
doctors who want to treat her, instead of recommending that
she die.

—R
EPRESENTATIVE
J
OSEPH
P
ITTS
, P
ENNSYLVANIA
1

O
ne court hearing is forever seared in my mind.

In many ways this court hearing was no different from the many others we had already experienced since taking over the Schindlers' case several months earlier. The air almost hummed with anticipation as I made my way to the front of the crowded room.

In a court case observers who support either the plaintiff or the defendant tend to sit on the same side of the courtroom as ‘‘their'' side's legal counsel. This particular case was very different. I noticed that only Terri's supporters tended to come to court, and they filled both sides of the aisle.

During the entire time I represented the Schindlers, I don't ever remember seeing Michael in court. But I had always been pleasantly ‘‘accosted'' by all of the wonderful people who faithfully showed up to support the Schindlers. They were always waiting by the courthouse steps, by the elevators, at the courtroom door—offering prayers and words of encouragement. We often joined hands with the Schindler family and their supporters to pray just before court began.

I took my seat at the petitioners' table. Like a boxer waiting for the bell to sound the start of round one, I mentally rehearsed the key points and objections I knew I had to register with the judge. My goal, as always, in addition to presenting the legal arguments was to attempt to enable this judge to see Terri in a new light—not as a worthless coma patient but as the beautiful, vibrant woman I had come to know and appreciate.

I prayed again for the grace to be able to make that seismic shift this case so desperately needed. I was the Johnny-come-lately to this legal battle; it had been a hard-fought legal contest for more than a dozen years before I ever met the Schindlers or Terri.

As always, with thoughts of the life-and-death issues at stake in this courtroom prominently in my mind, I placed my briefcase on the table and withdrew a yellow legal pad, a pen, and my documents. With a soft click, I closed the latch and then slipped my attache
case under the table. One lesson lawyers learn early in court is that most judges do not look kindly on them marring the shiny counsel tables with marks made by briefcases.

I couldn't help but sense the stare of the media's watchful eye. Media coverage of Terri's plight had been building steadily since the Florida legislature and the governor had gotten involved in this matter in October of 2003. And ever since September 2004, when Terri's Law was struck down and the Schindlers and I had appeared for the entire hour on Larry King's TV program, it seemed like the nation and the press had become even more aware of Terri's story. Millions were now aware of this family drama being played out amid the beaches and palm trees of Florida's Gulf Coast. As always, dozens of national and local reporters carrying their notebooks and shoulder cameras had arrived in force. They were seated behind me and to my left in what would have been the jury box in another sort of trial.

Like an array of unblinking glass eyes, the lenses of the television cameras were fixed on the center of the courtroom, ready to capture live every word uttered.

America would be watching. People all over the nation were forming opinions about Terri and about Michael, taking sides in this complicated family tragedy that was now anything but private.

But I was glad to see the press. One of our objectives in this case was to try to overcome the false impressions of Terri that had been planted in the media for years by Michael Schiavo and his legal team. They consistently referred to Terri as being in a coma, being a vegetable, unable to communicate, wanting to die. I had seen Terri, visited with her. I knew this portrayal of Terri was anything but accurate.

I glanced over at the table where George Felos, Michael Schiavo's attorney, sat. I imagined he was probably feeling some of the same pre-hearing pressure. Then again, Mr. Felos had been in this case for more than a decade, since the beginning, and the long string of favorable rulings he had been handed over the years in this same courtroom had surely bolstered his confidence. He was ready to defeat me in this ring too, just as he had defeated all the other attorneys who had tried to help the Schindlers save their daughter's life.

I glanced behind his counsel table again. Maybe Michael Schiavo would be here in court today. But as usual, I didn't see him. The only people sitting behind Mr. Felos's table were people I knew were there to support the Schindlers.

I never quite understood why Michael was always a no-show in court. He was the one who had started this litigation, yet he never showed up for the legal proceedings. It especially troubled me that for ten years Judge Greer had permitted this man, who was living with and having children with another woman, to remain as Terri's guardian. Michael had clearly moved on with his life. His priority now had to be with his children and their mother.

I couldn't understand why Michael's new status as a parent never seemed to increase his empathy or concern for the suffering he was causing Terri's parents in this matter.

I looked at my watch and then up at the empty bench. Judge Greer was running late. His tardiness could mean nothing—or it could mean that something was afoot. I wondered whether today's events might be more serious than usual. Could that be what was delaying the judge?

I knew my staff was praying for me every time we were in court. As I looked around the courtroom again, I saw that several of the spectators had their heads bowed. I knew Bob and Mary Schindler, three rows behind me in the gallery, were praying. And if the truth were known, millions of ordinary Americans were praying too. Without question, by now, the fifteenth year of the Schindlers' fight for their daughter, the case of Terri Schiavo had captured the attention of Americans everywhere. In fact, we had started to receive regular calls from the press, not only nationwide but around the globe. The world was intensely focused on this courtroom.

The fate of this one woman had raised the stakes of the life-and-death debate to an unprecedented level. And this was the first time in my career where I knew someone would die if I lost my case. The stakes here were very high.