Lawless Encore: Season 2, Episode 3 - No more rabbits

Summary

Summary of "Lawless Encore: Season 2, Episode 3 - No More Rabbits"

The World and Everything In It presents a gripping episode of the Lawless podcast, delving deep into the tumultuous Terri Schiavo case—a landmark legal battle that captivated the nation. This episode meticulously chronicles the Schiavo family's desperate fight to save Terri, the legal obstacles they faced, and the broader implications of their struggle.

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Introduction to the Terri Schiavo Case

The episode opens with a vivid recounting of the Schiavo family's frantic journey from Pinellas Park to Plant City, Florida. Hosted by Lynn Vincent and Anna Johansson Brown, the podcast sets the stage by detailing the court's decisive ruling to remove Terri Schiavo's feeding tube, a decision that reignited a fierce debate over life support and the right to die.

Lynn Vincent (00:07): "The trip is part of a desperate rescue attempt this week, a stunning decision by the Florida courts on a life or death situation."

Legal Battles and the Schiavo Family's Fight

Following Judge George Greer's October 2002 ruling to remove Terri's feeding tube, the Schindler family—Terri's parents and siblings—embarked on a relentless legal journey. Despite exhausting all appeals up to the Florida Supreme Court and facing repeated setbacks, the family remained undeterred in their efforts to keep Terri alive.

Bobby Schindler (05:51): "And since it has been more than four years, that protects him. And they will not investigate because of that."

Allegations and Medical Evidence

Central to the Schindlers' case were allegations against Michael Schiavo, Terri's husband, suggesting potential foul play in the events leading to Terri's incapacitation. The family scrutinized medical scans that revealed unusual bone growths, which Michael's legal team attributed to natural causes such as prolonged immobility and severe osteoporosis. Conflicting medical opinions highlighted the complexity of Terri's condition, with some experts suggesting trauma-based injuries, while others dismissed these findings as unrelated to abuse.

Bobby Schindler (05:51): "We have evidence, and it's a matter of getting access to additional evidence that's been under lock and key for all these years."

Michael Schiavo's Life and Motivations

The episode provides an intimate look into Michael Schiavo's life, portraying him as a dedicated emergency room nurse whose career was shaped by Terri's collapse. Despite the public vilification he faced, with some labeling him "the angel of death," Michael found solace in saving lives and receiving gratitude from those he helped.

Michael Schiavo (10:30): "Saving lives gives me a sense of purpose."

Legislative Intervention and Randall Terry's Involvement

As legal avenues dwindled, the Schindlers sought alternative strategies to save Terri. Enter Randall Terry, a pro-life activist with a controversial reputation. Under his guidance, the family leveraged political pressure to gain Governor Jeb Bush's intervention. Their efforts culminated in the introduction of "Terry's Bill" in the Florida legislature, which aimed to empower the governor to intervene in cases like Terri's.

Anna Johansson Brown (13:02): "By the time he throws in with the Schindlers, Terry has faded from the pro life movement."

Public and Media Involvement

The Schindlers orchestrated a massive public relations campaign to garner support, including the creation of a dedicated website and a petition that amassed over 150,000 signatures. Media personalities like Glenn Beck amplified their cause, intensifying public scrutiny and pressure on political figures.

Bobby Schindler (20:15): "Glenn was hammering Bush, what seemed like every day when he went national for Jeb to do something to get involved."

The Final Push and Partial Victory

Despite strong opposition from figures like Senator Jim King, who viewed the legislative efforts as government overreach, the Schindlers' persistent lobbying led to the passage of a revised version of Terry's Bill. Governor Jeb Bush signed the bill into law, temporarily halting the removal of Terri's feeding tube and granting the family a brief reprieve.

Bobby Schindler (24:27): "Jeb Bush says he will not allow a severely brain damaged comatose woman to die, despite the fact that the Florida courts have ruled that the feeding tube which keeps her alive may be removed."

Ongoing Struggles and Future Uncertainty

The episode concludes by highlighting that the battle was far from over. Legal challenges persisted as hospital administrators resisted re-inserting the feeding tube, leading to further court interventions. The Schindlers' emotional and physical toll was evident as they continued to navigate the complex interplay of law, politics, and personal anguish.

Bob Schindler (25:27): "Whether they act or not, we are going to keep fighting."

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Notable Quotes

• Lynn Vincent (00:07): "This trip is part of a desperate rescue attempt this week, a stunning decision by the Florida courts on a life or death situation."

• Bobby Schindler (05:51): "We have evidence, and it's a matter of getting access to additional evidence that's been under lock and key for all these years."

• Michael Schiavo (10:30): "Saving lives gives me a sense of purpose."

• Bobby Schindler (17:50): "We saw Terry today. She's still alert. In fact, when I went and saw her today, I leaned over, I gave her a kiss, and I whispered in her ear. I said, hang in there, Terry."

• Bobby Schindler (24:27): "Jeb Bush says he will not allow a severely brain damaged comatose woman to die..."

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Conclusion

This episode of Lawless masterfully captures the relentless pursuit of the Schiavo family as they navigate a labyrinth of legal, medical, and political challenges. Through in-depth analysis, personal testimonies, and strategic storytelling, the podcast sheds light on the profound ethical dilemmas and emotional turmoil surrounding the Terri Schiavo case.

For more detailed insights and resources related to this episode, listeners are encouraged to visit lawlesspodcast.com.

Transcript

[Lynn Vincent]

Four Schindlers are crammed into a Toyota 4Runner. Bob, Mary, Bobby and Suzanne. Suzanne's husband, Michael Vitadamo, is driving. They're speeding from Pinellas Park, Florida, to Plant City, 43 miles away. The trip is part of a desperate rescue attempt this week, a stunning decision by the Florida courts on a life or death situation. A feeding tube was the keeping Terri Schiavo alive after a heart attack 13 years ago this week, her husband won a court battle against Terry's family to have the tube removed. This past Wednesday, after the October 2002 PBS trial, Judge George Greer ordered Michael Schiavo to remove Terry's feeding tube that following January. Then Greer stayed his own ruling, giving the Schindlers a chance to appeal. They did, all the way to the Florida Supreme Court. They lost every step of the way. Now Terry's feeding tube is out. And after a solid year of setbacks, for the Schindlers, this seemed like the end. Until they learned that Governor Jeb Bush was in the area. He'd come for a groundbreaking ceremony in Plant City. They heard this news outside Florida Hospice of the sun coast from a tall, lanky man wearing cowboy boots and a suit. The man had handed a cell phone to Suzanne. Call the governor, he urged. Ask for a meeting. Maybe the governor could intervene and save Terry. Suzanne called, and a few minutes later, a secretary called back. Governor Jeb Bush would see them. Now the four Schindlers are flying down the freeway toward Plant City in that Toyota 4Runner. The man in the suit and cowboy boots is folded into the third row seat. And there's no time to lose. Doctors say Terr Terry will die within two weeks. Now Terry's family is in a race against the clock to reverse that decision and have the tube reinserted. From World Radio and the creative team that brings you the world and everything in it, this is Lawless.

[Bob Schindler]

I see a wicked man walking down.

[Anna Johansson Brown]

A broken road I see ransomed man.

[Lynn Vincent]

In the stone Trying not to fall.

[Bob Schindler]

For gold Devil's at the door trying.

[Lynn Vincent]

To take control.

[Bob Schindler]

But the Lord's gonna scatter his bones.

[Lynn Vincent]

I'm New York Times best selling author and World Magazine executive editor Lynn Vincent.

[Anna Johansson Brown]

And I'm World Radio features editor Anna Johansson Brown. Lawless is a true crime podcast that examines a frightening fact of American life, that not every crime is against the law. In season two, we're finishing our investigation of the Terri Schiavo story, a case that in 2005 shocked the world.

[Lynn Vincent]

This is episode three, no More Rabbits.

[Anna Johansson Brown]

After Judge Greer orders Terry's feeding tube removed in November 2002. Pat Anderson and Tom Broderson work night and day to fight it. Broderson says the pace is exhausting.

[Lynn Vincent]

Every night Pat went to bed worried.

[Michael Schiavo]

Sick about what is she going to come up with to protect Harry.

[Anna Johansson Brown]

The Schindlers fight back with every weapon they can find. But what do they have left in their minds? The mysterious bone scan Eleanor Drexel discovered back in November is still a major piece of incriminating evidence they set out to investigate. The scan illuminates areas of bone growth hot spots. Terri has several all over her body. They show abnormalities in places like her ribs, lower back, knees and right femur. X rays show the hot spot in her lower back is a compression fracture. The radiologist's report attributes the injuries to past trauma. Pat Anderson tracks down that radiologist, Dr. William Campbell Walker.

[Lynn Vincent]

I took the deposition of that doctor. He thought it was consistent with a traffic accident.

[Anna Johansson Brown]

Walker says he was told to evaluate for trauma. That's the note he got from Terry's primary doctors. So that was his guiding assumption. Walker says the pattern of activity is quote, fairly typical of multiple traumatic injuries of relatively recent origin. And that injury to Terry's femur, it's a deep bone bruise. Walker says that kind of injury typically has to come from a direct blow. Dr. James Carnahan views the scans differently. Though he's Terry's attending physician, Carnahan believes the hot spot in Terry's femur must be ho heterotopic ossification. HO is what happens when bone tissue develops in soft tissues. It often occurs at sites of trauma or surgery. But those other hot spots showing up on the scan, not explained by the disease. Carnahan says maybe it was the anti seizure drugs given to Terri after her collapse. Walker says those hot spots might be from aggressive resuscitation efforts. Here's Pat Anderson.

[Lynn Vincent]

For example, chest compressions, you know, trying to resuscitate her could result in infrequently does result in a cracked rib.

[Anna Johansson Brown]

Walker also says that Terry's lower back fracture could have happened when she fell to the floor that night. The bottom line, all of her injuries.

[Lynn Vincent]

All of her fractures could be the result of alternative explanations besides physical violence from Michael. But Terry's family keeps wondering. Here's Bob Schindler.

[Bobby Schindler]

There's medical evidence that she had a neck injury and as the doctor said, she had no heart attack and her ribs and the parts of her body suffered fractures. And there's really no explanation for what.

[Lynn Vincent]

Her collapse was, not at all they compile a 20 page report about the bone scan and its possible implications and turn it into the state attorney's office.

[Bobby Schindler]

And we have evidence, and it's a matter of getting access to additional evidence that's been under lock and key for all these years. We have an enormous amount of circumstantial evidence as well as some medical evidence that potentially can paint a real ugly picture with what happened to Terry the night she collapsed.

[Lynn Vincent]

A week later, a representative calls back. He tells them there are no crimes to investigate.

[Bobby Schindler]

The state attorney's office told us that even if Michael did attempt to strangle her that evening when she collapsed, he's protected by a four year statute of limitations.

[Lynn Vincent]

That's Terry's brother Bobby.

[Bobby Schindler]

And since it has been more than four years, that protects him. And they will not investigate because of that.

[Lynn Vincent]

But the Schindlers aren't willing to take no for an answer. Bob calls up the St. Petersburg pd, but the detective on the line says the same thing. So Bob, Bobby, Suzanne and Pat Anderson down to the police station and file a report. Anyway, when Michael's friend and former employer, Dan Greco, finds out about the allegations, he's furious. Well, I knew it wasn't true, but I was livid. But they started to attack him to see If Michael actually 12, 13 years later had created the issue in the first place. Want to talk fake? Now that's really fake. That was basically, you know, you don't commit a crime because you don't know how to give cpr. I mean, that's not a crime. Even as the Schindlers try to build a case against Michael, there's one major factor they're overlooking. When paramedics rushed Terry to the hospital early that morning in 1990, doctors ran dozens of tests, trying to figure out what was wrong, what had happened. Over the next 10 weeks, doctors conducted 23 chest x rays, three CT scans, two echocardiograms, two abdominal x rays plus an ultrasound, one x ray of Terry's cervical spine, and an X ray of her right knee. Not a single image found any evidence of fractures or trauma. None of those hotspots showed up.

[Anna Johansson Brown]

But the most thorough examination of Terri's injuries came after her death, when Pinellas County's chief medical examiner conducted an autopsy on her body. Dr. John Thogmartin found evidence of those ho bone growths all over Terry's body. Not from any abuse or trauma. In his view, just a normal consequence of being bedridden for 15 years. The autopsy confirms that she also had severe osteoporosis which often causes compression fractures in the spine, Thogmartin concludes in his report. By far the most likely explanation for the bone scan findings in Ms. Schiavo are prolonged immobility, osteoporosis, and complicating HO in an environment of intense physical therapy, the bone scan is a dead end.

[Lynn Vincent]

In the summer of 2003, Michael's fiance, Jody, finds out she's pregnant again, and that worries her. Michael's critics have always used her as a weapon against him. Once they started having kids, things only became more complicated. Here's Tom Broderson, and he was living.

[Michael Schiavo]

With another woman with whom he had already had one baby and then another. They had bought a home together. Never divorced Terry.

[Lynn Vincent]

It's a question people ask Jody all the time. Why won't Michael just divorce Terri and marry her? Jody says that question offends her. She believes Michael has a duty to Terry, and her job is to support him in the fight. Michael is splitting his time between Terry, Jody, law offices, courtrooms, and his job. He works as a registered nurse in an emergency room in Pinellas county. His career choice a direct result of what happened that night with Terry. Here's Dan Greco. And I do think in some ways this was because he didn't know how to respond when she collapsed. He became an emt, a respiratory therapist. Then he became a registered nurse.

[Anna Johansson Brown]

In his book, Michael writes that he loves the work. Saving lives gives him a sense of purpose. One day in the er, a patient right in front of him hits the floor with a heart attack. Michael props the man up, punching his chest with one hand and slamming the emergency button with the other. The man survives. Later, the patient brings food for the entire ER staff, a thank you for saving his life. But Michael can't save everyone. He often sits with people, caring for them until their last breath. Family members still send him cards. Thank you for being there with me when my mother died. Thanks for holding my hand. Those are the words Michael clings to as the battle over his wife's life spills into the public square. He will hold on to his former patient's words for the next two years as strangers across America and around the world begin calling Michael a murderer and even the angel of death.

[Lynn Vincent]

In August 2003, the Schindler's lawyers throw one last legal Hail Mary. Catholic attorney Chris Ferrara files suit in federal court, claiming Michael has violated Terry's civil rights. Part of the goal is to get the case away from Judge Greer. Maybe a different court will be more favorable to the Schindlers on October 10, 2003, five days before Terry's death date, the judge rejects Ferrara's complaint. A defeated Pat Anderson calls up Bob Schindler. It's over, she says. There are no more rabbits in the hat. Five days later, Terry's feeding tube is removed once again. After doctors take it out, one of Michael's lawyers, Deborah Bushnell, comes to find him. They sit quietly talking about Terry. And now her story is all over the news.

[Bobby Schindler]

In the impact segment tonight, 30 year.

[Michael Schiavo]

Old Terri Schiavo has been unable to.

[Lynn Vincent]

Communicate since suffering a heart attack 13 years ago.

[Michael Schiavo]

Right now she's in a hospice near St. Petersburg, Florida. Her husband wants to pull the plug, but her parents and brothers do not and are fighting the Florida courts to prevent her death.

[Lynn Vincent]

There's also money involved. Their legal avenues exhausted, the Schindlers don't know where to turn next. That's when someone gives them a name. Randall Terry. He's a pro life activist, the controversial founder of the group Operation Rescue. Operation Rescue made the News in the 1980s and 90s for its direct action protests at abortion clinics. You'll never forget this day. Let us help you.

[Anna Johansson Brown]

Your baby loves you, Mom.

[Lynn Vincent]

By the time he throws in with the Schindlers, Terry has faded from the pro life movement. Among some pro life groups, he's even been discredited. The Schindlers are no activists, but maybe Terry can bring more attention to their case. They reason at this point, they're ready to try anything. Randall Terry agrees to join the Schindler's fight, and he travels down to Pinellas Park. And it's Terry who hands his cell phone to Suzanne Vitadamo, tells her to call the governor and ask for a meeting.

[Anna Johansson Brown]

That's how the Schindlers came to be speeding down the highway in that Toyota flight Forerunner with Randall Terry and his cowboy boots in the backseat. In Plant City, the Schindlers tumble out of the truck and fight through a thicket of cameras. Reporters walk backwards in front of them, shoving mics in the Schindler's faces, shouting questions. One slams into a tree, which Suzanne thinks is hilarious. Staff usher the family into a building and seat them in folding chairs. Soon the governor arrives with his attorney and security detail. Bob shakes the governor's hand, then bursts into tears. The conversation is stiff and awkward. Lots of small talk as both sides size each other up. Then Suzanne breaks in with a question. Mary still recalls the moment vividly.

[Lynn Vincent]

She was so serious, and she said, governor Bush, can I ask you a question? And he said, sure. She says, don't you know anybody. Anybody in office that could help you, you know, or help us?

[Anna Johansson Brown]

But everybody started laughing, even Governor Bush.

[Lynn Vincent]

I mean, he said. And he says, I think I do.

[Anna Johansson Brown]

You know, she wasn't even. She didn't even remember what she said. She was just realize what she said? No, she didn't even realize what she said.

[Lynn Vincent]

It was his brother that was the.

[Anna Johansson Brown]

President, you know, United States.

[Lynn Vincent]

And he said, I think I'll try.

[Anna Johansson Brown]

To do something, Suzanne, you know, and it was just. He was just so nice. Nice. But the governor doesn't promise any specific course of action. The truth is, he doesn't know what else he can legally do. How you doing?

[Michael Schiavo]

Good to see you, my friend, as always. And how are you?

[Lynn Vincent]

This is David Gibbs. We're meeting at his law offices in Clearwater.

[Michael Schiavo]

Originally, when I started hearing about it, I was like, well, is this a case where the family just won't let go, or was this just a family dispute? I mean, there were a lot of people.

[Lynn Vincent]

Gibbs is president and general counsel of the national center for Life and Liberty. It's a legal ministry that defends the rights of churches and other Christian groups.

[Michael Schiavo]

I went to law school wanting to help people. I tease that I'm a little bit of a frustrated social worker. I think that law is a tool. If you can help hurting people, help make a difference. And so that was kind of my passion and draw to it, trying to help people that a lot of times felt like they didn't have a voice, as in Terry's case. You know, I never anticipated that it would literally be a right to Life case.

[Lynn Vincent]

In 2003, Gibbs is working with his father at the Gibbs law firm. He's seen a few headlines about the Schiavo case, but he doesn't really know much about it. By this time, the Schindlers have a small army of supporters around the country and around the world. Several have recommended Gibbs. But the Schindlers have been reluctant. It seems late in the game to bring in a new lawyer, and they really don't know what good it'll do. Still, time is slipping away. And so the week Terry's feeding tube is set to come out, an exhausted Bob and Mary drag themselves into Gibbs's conference room. It's around 10pm Nearly a dozen lawyers watch as they take their seats. Gibbs remembers Mary laying a photo of Terry on the table in front of her and dabbing her eyes with a tissue. And he remembers that Bob didn't pull any punches.

[Michael Schiavo]

You know, he had laid everything out, and he was out of options, basically. You know, everybody had pretty much said it was done. And he was like, is there anything that you can do?

[Lynn Vincent]

Gibbs doesn't want to give the Schindler's false hope. From a legal perspective, this case is over. The Schindlers seem like good people, and he hates to give them bad news. But he leans forward, adjusts his glasses, and levels with them anyway.

[Michael Schiavo]

I said, well, we'll look at it. It looks really tough from a legal perspective. And Bob was very much like, you know, David, do everything you can to save my girl. But he said, if they end up killing my daughter, will you help me make sure that everybody knows what happened?

[Anna Johansson Brown]

With Terry's feeding tube out, Bobby and Suzanne turn up the heat. They continue pleading Terry's case in interview after interview.

[Bobby Schindler]

We met with the governor on Wednesday, Governor Bush of Florida. And he committed to us that if there was a chance legally for him to intervene, he gave us his word that he would. There's still time. We saw Terry today. She's still alert. In fact, when I went and saw her today, I leaned over, I gave her a kiss, and I whispered in her ear. I said, hang in there, Terry. I said, we're going to get you out of this mess. And she got a big smile on her face. So we're very hopeful that we're going to save her from this.

[Anna Johansson Brown]

Terry's plight is on the news all the time now. Michael isn't able to dodge the spotlight. Reporters keep pestering him for his take on the situation.

[Lynn Vincent]

Terry has been through years and years of rehabilitation.

[Bob Schindler]

There's no more improvement for Terry.

[Anna Johansson Brown]

Outside the hospice, police line the streets, and protesters keep pouring in. Some are rowdy and embarrass the Schindlers with bad language and shouting matches. The Schindlers tell them to leave, but more zealots arrive to take their place. Some protesters hold up a banner printed with the words, governor Bush, where are you? Each day they mark the deadly advance of time. Starvation day one. Starvation day two. Starvation day three.

[Lynn Vincent]

On Friday, October 17th, attorney David Gibbs learns about a special session of the Florida legislature scheduled for the coming Monday, just three days away. It seems like a long shot. By then, Terry will have been without food and water for five days. Gibbs contacts Representative John Stargle, a Republican from Lakeland. Would it be possible to pass a bill to save Terry? Stargle agrees to give it a try. He asks Gibbs to provide a draft. Gibbs and his team start right away. They work through the weekend, fielding calls from lawmakers as they go. They try to keep things quiet though, so that Filos doesn't get wind of the bill and try to block it. But Filos already suspects his opponents might try a political fix.

[Bob Schindler]

We knew when the opponents ran out of their judicial options that they were going to try some legislative avenue here. And we kept saying, oh, there's no way they can get a bill passed in one day or two days or three days or something like that.

[Lynn Vincent]

But he's underestimated the power of the pro life lobby.

[Anna Johansson Brown]

By this time, Randall Terry has taken charge of the Schindler's operations outside the hospice, directing the family to rent an RV and stake out the building. The Schindlers set up their motorhome in a parking lot across from the hospice where Terry is. Stephanie Willits is the owner of an odds and ends shop there. Already she's opened her business to the family as a headquarters. A makeshift base soon springs up around them. By now the Schindlers have started a website, terrysfight.org and they've launched a petition, still hoping Governor Jeb Bush will step in. Glenn Beck heads up the media pressure.

[Bobby Schindler]

On the governor because Glenn was hammering Bush, what seemed like every day when he went national for Jeb to do something to get involved. And he was, he's really, he's the, really reason that we started receiving the national attention. Because Glenn.

[Anna Johansson Brown]

Pressure on the governor hits fever pitch. The Schindler's petition gains over 150,000 signatures. If things weren't political before, they are now. But the Schindlers don't care. They're willing to be used for an agenda if it will save Terry's life.

[Lynn Vincent]

It's early Monday morning, October 20th. Gibbs staff rushes a document to the Capitol. Stargl introduces it just hours later. The proposed legislation is known as Terry's bill. It allows the governor to issue a one time stay to prevent withholding of nutrition and hydration from a patient. The house passes the bill 68, 23 and sends it on to the Senate. That's where the operation hits a major roadblock. His name Senator Jim King, and Senator.

[Bob Schindler]

King is one of the architects of Florida's living will statute and statutory right to die law.

[Lynn Vincent]

In the late 1990s, King spearheaded the Florida law that defined feeding tubes as artificial life support. It was that law that would allow Filos to argue before Greer that Terry's feeding tube violated her wish not to be kept alive by artificial means. King sees that bill as his legacy. Now he's concerned that Terry's bill will undo his work and set a precedent of lawmakers interfering in the lives of private citizens.

[Anna Johansson Brown]

That's the argument Philos makes. This is government overreach, the legislative branch overriding the judicial branch. Lawmakers shouldn't be able to do that. But the Schindlers have unleashed a massive PR campaign. Concerned citizens bombard Jim King's office. Phone calls, faxes, emails, and there was.

[Bob Schindler]

A massive electronic lobbying effort through telephone and emails in Tallahassee that basically took their system offline. That overwhelmed them.

[Anna Johansson Brown]

George Felos calls up Jim King.

[Bob Schindler]

I said, we know what's happening here is not right. He says, I know. I know it's not right. And I said, is there anything, is there anything that I can do to help you in your efforts? Is there some way to derail this process? And I remember so clearly, with anguish in his voice, he said to me, there's a big boulder rolling down a hill and the only thing any of us can do is get out of the way.

[Anna Johansson Brown]

At last, King agrees to allow Terry's bill, but only under certain conditions. He gets to rewrite the bill and introduce it to the Senate himself. Gibbs agrees. The new version of the bill is much narrower in scope and less constitutionally viable, Gibbs thinks, but it's his only choice. The Schindlers track the debate on the legislature floor from their base outside the hospice. Their hopes rise and fall with each new twist. Then on Tuesday, October 21st, the Senate.

[Bob Schindler]

Votes have all members voted?

[Anna Johansson Brown]

23 yeas, 15 nays.

[Lynn Vincent]

Mr. President. And so by your action, House Bill 35E has passed. I really do hope that we've done the right thing.

[Bob Schindler]

I keep on thinking.

[Lynn Vincent]

What if Terry didn't want this to happen at all? May God have mercy on all of us.

[Anna Johansson Brown]

The House quickly approves the bill and Governor Bush signs it into law.

[Bob Schindler]

Jeb Bush says he will not allow a severely brain damaged comatose woman to die, despite the fact that the Florida courts have ruled that the feeding tube which keeps her alive may be removed. And late today, the Florida legislature authorized the governor to keep her alive.

[Anna Johansson Brown]

Outside the hospice, crowds cheer and cameras roll.

[Lynn Vincent]

I can tell you that there were whistles and clapping and tears of joy and screams outside hospice when those FDLA agents went in to get her.

[Anna Johansson Brown]

Jeb Bush calls to congratulate the Schindlers. The family breathes a sigh of relief as they watch an ambulance whisk Terry away yet again, this time to reinsert her feeding tube.

[Lynn Vincent]

But as would prove true for most of this case, it still isn't over. At 8pm that same day, Gibbs receives a troubling phone call. Doctors at the hospital are refusing to reinsert Terry's feeding tube. George Philos believes Terry's law is deeply unconstitutional. In fact, he's outraged.

[Bob Schindler]

Governor Bush sent the state police to hospice. These were armed men who called hospice beforehand and said, we're coming to get Terry and don't stand in our way. And they had an ambulance. And the Florida Department of Law Enforcement came without her guardian's consent, without her consent, wheeled her away to a local hospital where a feeding tube was to be inserted.

[Lynn Vincent]

The ink on Terry's law is still wet when Philo starts fighting back.

[Bob Schindler]

I immediately filed a suit in the civil court for a declaratory judgment declaring the law unconstitutional and seeking an immediate injunction.

[Lynn Vincent]

Gibbs knows there's no time to lose. He's busy handling things with the governor's office, trying to get Philos to back down. But he needs a guy on the ground to make sure the governor's order is enforced and that Terry gets her feeding tube back. Attorney Rex Sparklin is just the man for the job.

[Michael Schiavo]

Rex was working with me, and yes, he was a go getter kind of guy. Scrappy.

[Lynn Vincent]

Sparklin snatches up a copy of the order, jumps in his truck, and hits the gas.

[Anna Johansson Brown]

As Sparkland speeds through the night, Gibbs puts in a call to Dr. Jay Carpenter. He's the former chief of staff at Morton Plant Hospital, and he's sympathetic to Terry's plight. Gibbs is afraid the hospital may not allow sparklin inside, so Dr. Carpenter agrees to meet him there. Sure enough, when Sparklin arrives at Morton Plant, a guard stops him at the door. But just at that moment, the automatic doors swish open. A man steps out and addresses himself to the guard. I am Dr. Carpenter and this man is with me. Those magic words do the trick. The guard allows Carpenter to escort Sparklin inside. They hurry through the hallways to an administrator's office, and Sparklin passes off a copy of the governor's order. But the administrator seems unimpressed. She tells Sparklin it's not her decision to make. That responsibility rests squarely with the ER doctor. Plus, Michael Schiavo's lawyers have promised to sue if they reinsert Terry's feeding tube. But Sparkland doesn't back down. He calls Gibbs on the phone, loudly discussing the details of a wrongful death suit.

[Michael Schiavo]

And Rex was, you know, a masterful negotiator and obviously strategically got himself in the right place at the right time to, you know, have these calls and to work through that, it leaves the.

[Anna Johansson Brown]

Hospital in a bind. If they act, Michael will sue them. If they don't, the Schindlers will.

[Michael Schiavo]

So there was a lot of posturing.

[Lynn Vincent]

Dr. Carpenter speaks up with a compromise. He offers to meet with the doctor on duty and discuss the situation. The admin agrees, but insists on going with Carpenter to the er. Just before midnight, Carpenter returns. He tells Sparklin he can't discuss the details of Terry's care, but assures him she will be treated. Late that night, Terry receives fluids for the first time in seven days. It's the day before Bob Schindler's birthday. Gibbs says. It was a narrow escape.

[Michael Schiavo]

But if we or someone like us had not been advocating at that point for Terry and taking the good work of the governor and his staff and leveraging that, Terry might have died and all of that effort would have been futile.

[Anna Johansson Brown]

Soon after, on December 3, 2003, the Schindlers gather for another celebration of Terry's life, her 40th birthday. Friends throw a party at the hospice and set up tables on the lawn. Dozens of guests attend. Mary decorates Terri's room with cards and ribbons. The family crowds around her to sing Happy Birthday. They offer slices of cake to all the hospice nurses, even the unfriendly ones. Suzanne marvels at how young and beautiful Terry still looks. She has some streaks of gray in her hair, but Suzanne is surprised to find she has more wrinkles than Terry does. But with Michael and Philos fighting Terry's law, Mary can't help but wonder how many more birthdays Terry has left.

[Lynn Vincent]

Next time on Lawless. My house is invaded day in and.

[Bob Schindler]

Day out, and these are people pushing.

[Lynn Vincent]

Their views on me. Constant publicity and threat threats to their children are pushing Michael and Jody to the brink. They used to get letters that they want to steal my children, but at.

[Bob Schindler]

The end of the letter they would quote Scripture.

[Anna Johansson Brown]

Lawless is a production of World Radio. Paul Butler is our executive producer and sound engineer. Our production assistant is Lillian Hammond. Music by Will Sheehan. Lawless is reported and written by Grace Snell, Lynn Vincent and me, Anna Johansson Brown. For more resources related to this and other episodes, visit lawlesspodcast.com thanks for joining us.