No "compelling evidence" that she wanted to live.
THIS AFFIDAVIT WAS REJECTED BY JUDGE GREER BECAUSE HE SAID IT SHOULD HAVE BEEN PRESENTED TO THE COURT 3 DAYS EARLIER
Declaration of Barbara J Weller
State of Florida
County of Pinellas
I, Barbara Weller, attorney for respondents (note: Schindler family) in the above styled case, hereby declare under penalty of perjury:
1. I visited with Terri at various times during the day on March 18, 2005, the day her feeding tube was removed.
2. During the morning I was in the room with Terri and various members of her family. Terri was in good spirits that morning. The mood in her room was jovial, particularly around noontime, as we knew Congressional attorneys were on the scene and many were working hard to save Terriā??s life. For most of that time I was visiting and talking with Terri along with Terriā??s sister Suzanne Vitadamo Suzanneā??s husband and Terriā??s aunt who was visiting from New York to help provide support for the family. A female Pinellas Park police officer was stationed at the door outside Terriā??s room.
3. Terri was sitting up in her lounge chair, dressed and looking alert and well. Her feeding tube had been plugged in around 11am and we all felt good that she was still being fed. Suzanne and I were talking, joking and laughing with Terri, telling her she was going to go to Washington DC to testify before Congress, which meant that finally Terriā??s husband Michael would be required to fix her wheelchair. After that Suzanne could take Terri to the mall shopping and could wheel her outdoors every day to feel the wind and sunshine on her face, something she has not been able to do for more than five years.
4. At one point I noticed Terriā??s window blinds were pulled down. I went to the window to raise them so Terri could look at the beautiful garden outside her window and see the sun after several days of rain. As sunlight came into the room, Terriā??s eyes widened and she was obviously very pleased.
5. Suzanne and I continued to talk and joke with Terri for probably an hour or more. At one point Suzanne called Terri the bionic woman and I heard Terri laugh out loud heartily. She laughed so hard that for the first time I noticed the dimples in her cheeks.
6. The most dramatic event of this visit happened at one point when I was sitting on Terriā??s bed next to Suzanne. Terri was sitting in her lounge chair and her aunt was standing at the foot of the bed. I stood up and leaned over Terri. I took her arms in both of my hands. I said ā??Terri if you could only say ā??I want to liveā?? this whole thing could be over today.ā? I begged her very hard to say ā??I want to liveā?. To my enormous shock and surprise, Terriā??s eyes opened wide, she looked me square in the face, and with a look of great concentration she said ā??Ahhhhhhh.ā? Then seeming to summon up all the strength she had, she virtually screamed ā??Waaaaaaa.ā? She yelled so loudly that Michael Vitadamo, Suzanneā??s husband, and the female police officer who were then standing together outside Terriā??s door clearly heard her. At that point Terri had a look on anguish on her face that I had never seen before and she seemed to be struggling very hard, but was unable to complete the sentence. She became very frustrated and began to cry. I became horrified that I was obviously causing Terri so much anguish. Suzanne and I began to stroke Terriā??s face and to comfort her. I told Terri I was very sorry. It had not been my intention to upset her so much. Suzanne and I assured Terri that her efforts were much appreciated and that she did not need to try to say anything more. I promised Terri that I would tell the world that she had tried to say ā??I want to liveā?
7. Suzanne and I continued to visit and talk with Terri, along with other family members who came and went into the room, until about 2 p.m., when we were all told to leave after Judge Greer denied yet another motion for stay and ordered the removal of the feeding tube to proceed. As we left the room, the female police officer outside the door was valiantly attempting to keep from crying.
8. About 4 in the afternoon, several hours after the feeding tube was removed, I returned to Terriā??s room. By that time she was alone except for a male police officer now standing inside the door. When I entered the room and began to speak to her, Terri started to cry and tried to speak to me immediately. It was one of the most helpless feelings I have ever had. Terri was looking very melancholy at that point and I had the sense she was very upset that we had told her things were going to get better, but instead, they were obviously getting worse. I had previously had the same feeling when my own daughter was a baby who was hospitalized and was crying and looking to me to rescue her from her hospital crib, something I could not do. While I was in the room with Terri for the next half hour or so, several friends came to visit and I did a few press interviews sitting right next to Terri. I again raised her window shade which had again been pulled down, so Terri could at least see the garden and the sunshine from her lounge chair. I also turned the radio on in her room before I left so that when she was alone, she would at least have some music for comfort.
9. Just before I left the room I leaned over Terri and spoke right into her ear. I told her I was very sorry I had not been able to stop the feeding tube form being taken out and I was very sorry I had to leave her alone. But I reminded her that Jesus would stay right by her side even when no one else was there with her. When I mentioned Jesusā?? name, Terri again laughed out loud. She became very agitated and began loudly trying to speak to me again. As Terri continue to laugh and to try to speak, I quietly prayed in her ear, placed her in Jesusā?? care, and left the room.
FURTHER YOUR DECLARANT SAYETH NOT
I hereby declare under penalty of perjury that the foregoing is true and accurate to the best of my knowledge and belief, executed this 22d day of March 2005 at Seminole Florida.
Barbara J. Weller
Sworn to and subscribed before me this 25th day of March 2005.
http://www.theempirejournal.com/Well...nt_To_Live.pdf
THIS AFFIDAVIT WAS REJECTED BY JUDGE GREER BECAUSE HE SAID IT SHOULD HAVE BEEN PRESENTED TO THE COURT 3 DAYS EARLIER
Florida Statutes
Chapter 765- Health Care Advance Directives
765.01 (12) "Persistent vegetative state" means 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 :(
