Day of the DeadThe Day of the Dead (Día de los Muertos, Día de los Difuntos or, simply, Día de Muertos in Spanish) is a Catholic celebration of the memory of deceased ancestors that is celebrated on November 1 (All Saints) and November 2 (All Souls). This time is especially notable in Mexico where it is primarily viewed as a public Mexican holiday, and it is also celebrated in communities in the United States with large populations of Mexican-Americans, the Philippines and to a lesser extent elsewhere in some countries of Latin America. It is a public holiday in Brazil, and a large number of people celebrate it there typically by visiting cemeteries and churches, taking flowers, lighting candles, and praying. In Mexico, despite the morbid subject matter, this holiday is celebrated joyfully, and though it occurs at the same time as Halloween, All Saints' Day, and All Souls' Day, the mood of The Day of the Dead is much lighter, with the emphasis on celebrating and honoring the lives of the deceased, rather than fearing evil or malevolent spirits. History of the Day of the Dead in MexicoThe origins of the celebration of The Day of the Dead in Mexico can be traced back to the indigenous peoples of the Americas, such as the Aztec, Maya, Purepecha, Nahual and Totonac. Rituals celebrating the lives of dead ancestors had been performed by these Mesoamerican civilizations for at least 3,000 years. It was common practice to keep skulls as trophies and display them during rituals to symbolize death and rebirth. The festival which was to become Día de Muertos fell on the ninth month of the Aztec Solar Calendar, near the start of August, and was celebrated for the entire month. Festivities were presided over by the goddess Mictecacihuatl, known as the "Lady of the Dead". The festivities were dedicated to the celebration of children and the lives of dead relatives. When the Spanish Conquistadors arrived in America in the 15th century they were appalled at the indigenous pagan practices, and in an attempt to convert the locals to Roman Catholicism moved the popular festival to the beginning of November to coincide with the Catholic All Saints and All Souls days. All Saints' Day is the day after Halloween, which was in turn based on the earlier pagan ritual of Samhain, the Celtic day and feast of the dead. The Spanish combined their custom of All Souls' Day with the similar Mesoamerican festival, creating the Día de los Muertos, The Day of the Dead. This is an example of syncretism or the blending of a significant event from two different cultural traditions. Indigenous people of the Americas often would outwardly adopt the European rituals, while maintaining their original native beliefs. Beliefs and customsThe souls of children are believed to return first on November 1, with adult spirits following on November 2. AltarPlans for the festival are made throughout the year, including gathering the goods that will be offered to the dead. During the period of October 31 and November 2 families usually clean and decorate the graves. Wealthier families build altars in their homes, but most simply visit the cemeteries where their loved ones are buried and decorate their graves with ofrendas, or offerings. These include wreaths of an orange marigold (also referred to as Flor de Muerto, the "flower of the dead", in Spanish, or zempoalxochitl, (twenty-flower) in Nahuatl, a term that has been carried into modern Mexican Spanish as cempazúchil), which are thought to attract the souls of the dead toward the offerings; toys, brought for dead children (los angelitos, or little angels); and bottles of tequila, mezcal, pulque or atole for adults. Families will also offer trinkets or the deceased's favorite candies on the grave. Ofrendas are also put in homes, usually with foods and beverages dedicated to the deceased. Some people believe the spirits of the deceased eat the spirit of the food, so even though they eat the food from the ofrendas after the festivity, they think it lacks nutritional value. In some parts of Mexico, such as the towns of Mixquic, Pátzcuaro and Janitzio, people spend all night beside the graves of their relatives. Some families do build altars or small shrines in their homes. These altars usually have the Christian Cross, statues or pictures of the Blessed Virgin Mary, pictures of deceased relatives and other persons, flowers such as marigolds, and many, many candles. Traditionally, families may spend some time around the altar telling stories about the deceased relatives as well as spend time praying. Public schools at all levels build altars with offerings, usually omitting the religious symbols. Government offices usually have at least a small altar, as this holiday is seen as a valuable part of the mexican heritage. Calavera de la Catrina by José Guadalupe PosadaThose gifted like to write "calaveras" – short poems mocking epitaphs of friends. This custom originated in the 18th-19th century, after a newspaper published a poem narrating a dream of a cemetery in the future, "and all of us were dead", proceeding to "read" the tombstones. Newspapers dedicate calaveras to public figures, with cartoons of skeletons in the style of José Guadalupe Posada. Theatrical presentations of Don Juan Tenorio by José Zorrilla (1817–1893) are also traditional on this day. A common symbol of the holiday is the skull (colloquially called calavera), which celebrants represent in masks, called calacas (colloquial term for "skeleton"). Sugar skulls, inscribed with the names of the recipient on the forehead, are often eaten by a relative or friend. Other special foods for Día de Muertos includes pan de muerto (bread of the dead), a sweet egg bread made in many shapes, from plain rounds to skulls and rabbits. In some parts of the country, children in costumes roam the streets, asking passersby for a "calaverita", a small gift of money; they don't knock on people's doors. In the Philippines, it is called Araw ng mga Patay (literally, Day of the Dead) or Undas and has more of a "family reunion" atmosphere. It is seen as an opportunity to be with the departed and is done in a somewhat more solemn way. Tombs are cleaned or repainted, candles are lit, and flowers are offered. Since its supposed to be about spending time with dead relatives, families usually camp in cemeteries – with some choosing to spend a night or two near their relatives' tombs. Playing card games, eating, drinking, singing, and dancing are common activities inside the cemetery, apparently to cope with boredom. It is considered a very important holiday by many Filipinos (next in importance to Christmas and Holy Week), and additional days are normally given as special non-working holidays (only November 1 is a regular holiday). In fiction
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It is considered a very important holiday by many Filipinos (next in importance to Christmas and Holy Week), and additional days are normally given as special non-working holidays (only November 1 is a regular holiday). Schiavo's diagnosis of being in a persistent vegetative state and that he provided her with appropriate care."[43]. Playing card games, eating, drinking, singing, and dancing are common activities inside the cemetery, apparently to cope with boredom. DCF investigators found the claims to be groundless, stating that there were "no indicators" of abuse in any of the cases and concluding that "[t]he preponderance of the evidence shows that Michael Schiavo followed doctors' orders [regarding] Ms. Since its supposed to be about spending time with dead relatives, families usually camp in cemeteries – with some choosing to spend a night or two near their relatives' tombs. These included Terri supposedly being in pain from recent dental work, Terri not having had any dental work for years prior to that, and the blinds in her room not being open wide enough. Tombs are cleaned or repainted, candles are lit, and flowers are offered. During the final stages of the court battle in March 2005, around 30 individuals made a variety of complaints to the DCF, alleging various abuses. It is seen as an opportunity to be with the departed and is done in a somewhat more solemn way. On March 11, 2005, media tycoon Robert Herring (who believes that stem cell research could have cured Schiavo's condition) offered $1 million (USD) to Michael Schiavo if he agreed to cede his guardianship to his wife's parents.[42] The offer was rejected; George Felos, attorney for Michael Schiavo, described it as "offensive," adding that Michael had rejected other monetary offers, including one of $10 million (USD). In the Philippines, it is called Araw ng mga Patay (literally, Day of the Dead) or Undas and has more of a "family reunion" atmosphere. The Schindlers' legal fight was funded by a variety of sources on the political right.[41]. In some parts of the country, children in costumes roam the streets, asking passersby for a "calaverita", a small gift of money; they don't knock on people's doors. Although the vast majority of protests were nonviolent, two of the more extreme acts included death threats aimed towards Michael Schiavo. Other special foods for Día de Muertos includes pan de muerto (bread of the dead), a sweet egg bread made in many shapes, from plain rounds to skulls and rabbits. The case drew notable figures on both sides of the debate, as well as many pressure groups and public protesters. Sugar skulls, inscribed with the names of the recipient on the forehead, are often eaten by a relative or friend. A number of opinion polls were carried out, particularly on the question of federal involvement in the Terri Schiavo case, with conflicting results. A common symbol of the holiday is the skull (colloquially called calavera), which celebrants represent in masks, called calacas (colloquial term for "skeleton"). The Terri Schiavo case held the attention of both American and international audiences and had major political ramifications. Theatrical presentations of Don Juan Tenorio by José Zorrilla (1817–1893) are also traditional on this day. Jay Wolfson was appointed by Florida legislature to "deduce and represent the best wishes and bests interests of Theresa Schiavo." He reported to Governor Jeb Bush that "the evidence that served as the basis for the decisions regarding Theresa Schiavo were firmly grounded within Florida statutory and case law, which clearly and unequivocally provide for the removal of artificial nutrition in cases of persistent vegetative states," and that the evidence regarding Schiavo's medical condition and intentions had been "deemed, by the trier of fact to be clear and convincing." and "The reasonable degree of medical certainty associated with her diagnosis and prognosis is very high."[40]. Newspapers dedicate calaveras to public figures, with cartoons of skeletons in the style of José Guadalupe Posada. In 2003, guardian ad litem Dr. This custom originated in the 18th-19th century, after a newspaper published a poem narrating a dream of a cemetery in the future, "and all of us were dead", proceeding to "read" the tombstones. The court determined that she had made "credible and reliable" statements that she wouldn't want to be "kept alive on a machine," based on expert testimony, finding that Americans don't want to live "with no hope of improvement," and that her condition in a persistent vegetative state had "long since satisfied" the requirement that there be no hope of improvement.[39]. Those gifted like to write "calaveras" – short poems mocking epitaphs of friends. During a trial in 2000, testimony was heard from witnesses on both sides to establish Schiavo's wishes regarding life support. Government offices usually have at least a small altar, as this holiday is seen as a valuable part of the mexican heritage. Schiavo's husband insisted that she had expressed her wishes not to be kept on life support with no hope for improvement. Public schools at all levels build altars with offerings, usually omitting the religious symbols. Judge Greer rejected their request.[38]. Traditionally, families may spend some time around the altar telling stories about the deceased relatives as well as spend time praying. This led to a challenge by Schiavo's parents, who requested a new trial about whether their daughter, as a devout Catholic, would wish to go against the Church's teaching. These altars usually have the Christian Cross, statues or pictures of the Blessed Virgin Mary, pictures of deceased relatives and other persons, flowers such as marigolds, and many, many candles. Pope John Paul II stated that health care providers are morally bound to provide food and water to patients in persistent vegetative states. Some families do build altars or small shrines in their homes. David Gibbs III, the lead lawyer for Terri Schiavo’s parents, supported Vatican statements which condemned her treatment as euthanasia. In some parts of Mexico, such as the towns of Mixquic, Pátzcuaro and Janitzio, people spend all night beside the graves of their relatives. Michael had her gravestone read:. Some people believe the spirits of the deceased eat the spirit of the food, so even though they eat the food from the ofrendas after the festivity, they think it lacks nutritional value. The Schindlers' attorney stated that the family was notified by fax only after the memorial service; by then, the family had already started getting calls from reporters.[37] The ashes were interred at Sylvan Abbey Memorial Park in Clearwater, Florida. Ofrendas are also put in homes, usually with foods and beverages dedicated to the deceased. On June 20, the cremated remains of Terri Schiavo were buried. Families will also offer trinkets or the deceased's favorite candies on the grave. He was under court order to provide this information to them. These include wreaths of an orange marigold (also referred to as Flor de Muerto, the "flower of the dead", in Spanish, or zempoalxochitl, (twenty-flower) in Nahuatl, a term that has been carried into modern Mexican Spanish as cempazúchil), which are thought to attract the souls of the dead toward the offerings; toys, brought for dead children (los angelitos, or little angels); and bottles of tequila, mezcal, pulque or atole for adults. On May 7, Schiavo's parents made public a complaint that they hadn't been informed of when and where the ashes of their daughter had been (or were to be) buried by Michael Schiavo. Wealthier families build altars in their homes, but most simply visit the cemeteries where their loved ones are buried and decorate their graves with ofrendas, or offerings. It can be heard here (Audio: MP3 Format).[36]. During the period of October 31 and November 2 families usually clean and decorate the graves. Father Frank Pavone, an activist with Priests for Life, delivered the homily. Plans for the festival are made throughout the year, including gathering the goods that will be offered to the dead. Her parents offered a memorial Mass for her at the Holy Name of Jesus Catholic Church in Gulfport on April 5. The souls of children are believed to return first on November 1, with adult spirits following on November 2. Schiavo's body was cremated following the autopsy. Indigenous people of the Americas often would outwardly adopt the European rituals, while maintaining their original native beliefs. The manner of death will therefore be certified as undetermined.". This is an example of syncretism or the blending of a significant event from two different cultural traditions. The cause of which [sic] cannot be determined with reasonable medical certainty. The Spanish combined their custom of All Souls' Day with the similar Mesoamerican festival, creating the Día de los Muertos, The Day of the Dead. Schiavo suffered severe anoxic brain injury. All Saints' Day is the day after Halloween, which was in turn based on the earlier pagan ritual of Samhain, the Celtic day and feast of the dead. Regarding the cause and manner of Schiavo’s death, Thogmartin wrote, "Mrs. When the Spanish Conquistadors arrived in America in the 15th century they were appalled at the indigenous pagan practices, and in an attempt to convert the locals to Roman Catholicism moved the popular festival to the beginning of November to coincide with the Catholic All Saints and All Souls days. The examiners also found no evidence that Schiavo had been the victim of trauma (such as domestic violence). The festivities were dedicated to the celebration of children and the lives of dead relatives. Although it was stated that Schiavo suffered from an eating disorder that caused a serious electrolyte disturbance, stopping her heart, the autopsy itself showed did not provide, and could not have provided, evidence to support this claim. Festivities were presided over by the goddess Mictecacihuatl, known as the "Lady of the Dead". Aside from a localized, healed inflammation, the cardiac pathologist who studied Schiavo's heart found it and the coronary vessels to be healthy. The festival which was to become Día de Muertos fell on the ninth month of the Aztec Solar Calendar, near the start of August, and was celebrated for the entire month. In the case of Terri Schiavo, seven of the eight neurologists who examined her in her last years stated that she met the clinical criteria for PVS; the serial CT scans, EEGs, the one MRI, and finally, the pathologic findings, were consistent with that diagnosis. It was common practice to keep skulls as trophies and display them during rituals to symbolize death and rebirth. Ancillary investigations, such as CT scans, MRI, EEGs, and lately fMRI and PET scanning, may only provide support for the clinical impression—as might the pathologic findings, after death. Rituals celebrating the lives of dead ancestors had been performed by these Mesoamerican civilizations for at least 3,000 years. As the condition is defined in clinical terms, it can therefore only be diagnosed in persons who, at some point, are shown to meet those clinical terms. The origins of the celebration of The Day of the Dead in Mexico can be traced back to the indigenous peoples of the Americas, such as the Aztec, Maya, Purepecha, Nahual and Totonac. Nelson, P.A., cautioned that "[n]europathologic examination alone of the decedent’s brain – or any brain for that matter – cannot prove or disprove a diagnosis of persistent vegetative state or minimally conscious state."[35] The vegetative state is a behaviorally defined syndrome of complete unawareness, to self and to environment, that occurs in a person who nevertheless experiences wakefulness. . Stephen J. In Mexico, despite the morbid subject matter, this holiday is celebrated joyfully, and though it occurs at the same time as Halloween, All Saints' Day, and All Souls' Day, the mood of The Day of the Dead is much lighter, with the emphasis on celebrating and honoring the lives of the deceased, rather than fearing evil or malevolent spirits. The damage was, in the words of Thogmartin, "irreversible, and no amount of therapy or treatment would have regenerated the massive loss of neurons."[34] Dr. It is a public holiday in Brazil, and a large number of people celebrate it there typically by visiting cemeteries and churches, taking flowers, lighting candles, and praying. There was marked damage to important relay circuits deep in the brain (the thalami)—another common pathologic hallmark of PVS. This time is especially notable in Mexico where it is primarily viewed as a public Mexican holiday, and it is also celebrated in communities in the United States with large populations of Mexican-Americans, the Philippines and to a lesser extent elsewhere in some countries of Latin America. The pattern of damage to the cortex, with injury tending to worsen from the front of the cortex to the back, is also typical. The Day of the Dead (Día de los Muertos, Día de los Difuntos or, simply, Día de Muertos in Spanish) is a Catholic celebration of the memory of deceased ancestors that is celebrated on November 1 (All Saints) and November 2 (All Souls). Throughout the cerebral cortex, the large pyramidal neurons that comprise some 70 percent of cortical cells—critical to the functioning of the cortex—were completely lost. “A Crack Between the Worlds.” Commonwealth 122 (1995) : 13-16. The neuropathologic changes in her brain were precisely of the type seen in patients who enter a PVS following cardiac arrest. Roy, Ann. Microscopic examination revealed extensive damage to nearly all brain regions, including the cerebral cortex, the thalami, the basal ganglia, the hippocampus, the cerebellum, and the midbrain. < http://www.azcentral.com/ent/dead/history/ >. The brain itself weighed 615 g, only half the weight expected for a female of her age, height, and weight. 1 Nov 2004. Examination of Schiavo’s nervous system revealed extensive injury. Day of the Dead – History. The official autopsy report[33] was released on June 15, 2005. Miller, Carlos. Thogmartin also arranged for specialized cardiac and genetic examinations to be made. Catholic 62 (1997) : 50. Jon Thogmartin. “Death Takes a Holiday.” U.S. The autopsy was lead by Dr. Garcia-Rivera, Alex. The manner of death was certified as "undetermined", but acute dehydration was noted. Catholic 66 (2001) : 38-41. It revealed extensive brain damage and generally supported the PVS diagnosis. “Death Takes A Holiday.” U.S. The autopsy occurred on April 1, 2005. Conklin, Paul. After her death, Schiavo's body was taken to the office of the medical examiner for Pinellas and Pasco counties. Great Britain: The Bath Press, 1991. The Schindler family was allowed into the room after Michael Schiavo had left.[32]. The Skeleton at the Feast: The Day of the Dead in Mexico. Her parents, who had been denied access to her during her last hours, went to the hospice to visit her when they were informed she might be approaching death; they arrived half an hour after her death. Sayer, Chloe. EST on Thursday, March 31, 2005, with her husband Michael at her side. Carmichael, Elizabeth. Terri Schiavo died at 9:05 a.m. “The Day of the Dead, Halloween, and the Quest for Mexican National Identity.” Journal of American Folklore 442 (1998) : 359-80. As her tongue was too dry to receive a small piece of the host, she received under the species of wine, one drop being placed on her tongue. Brandes, Stanley. The Eucharist, according to the teaching of the Catholic Church, can be received under the consecrated species of either bread (referred to as the host) or wine. In it, the dead live in a world of their own, resembling the one they had in life. In accordance with the Catholic ritual of Viaticum, she received the Eucharist for the last time; it had been administered to her once through her feeding tube just before it was removed. The 2005 film Corpse Bride was also influenced by this holiday. The next day, Schiavo was given the Anointing of the Sick ("Last Rites"). In this movie, poor farmer Macario meets Death himself, and receives a gift from him. On March 26, 2005, Bob and Mary Schindler announced that their legal options had been exhausted. The renowned Mexican motion picture Macario starts on this day. In jest, one official said local police discussed "...whether we had enough officers to hold off the National Guard."[31]. However this Day of the Dead draws upon Celtic mythology in reference to the calendar. If Bush (or the Florida Legislature) had ignored Greer's order by attempting to remove Schiavo from the hospice, a confrontation between the Pinellas Park Police Department and the FDLE agents could have ensued. In the novel The Grey King by Susan Cooper, a rhyme states that Will Stanton's quest will begin "On the day of the dead, when the year too dies". Governor Bush decided to obey the court order despite enormous pressure from the political right. This scene is inaccurate, since Puerto Rico, the place where the scene is set, does not celebrate el Día de los Muertos. Once Greer was made aware of the stay, he ordered it lifted and all parties stood down. The film Assassins, starring Sylvester Stallone and Antonio Banderas, has a scene that takes place during a Día de los Muertos procession. While the stay was in effect, Florida Department of Law Enforcement personnel prepared to take custody of Terri and transfer her to a local hospital for reinsertion of the feeding tube. The climax of the 1996 motion picture The Crow: City of Angels takes place during the Day of the Dead. The order was appealed to the 2nd DCA the following day, which resulted in an automatic stay under state law. The finale of the second season of Dead Like Me revolves around and includes the myths of this day, such that the reapers (death) appear as they did in life. On March 24, 2005, Greer denied a petition for intervention by the Department of Children & Families (DCF) and signed an order forbidding the department from "taking possession of Theresa Marie Schiavo or removing her" from the hospice and directed "each and every and singular sheriff of the state of Florida" to enforce his order. Barbara Hambly's novel Days Of The Dead (2003) sets its climax on this day in 1835. It suggested the Schiavo case offered "a great political issue" that would appeal to the party's base (core supporters) and could be used against Senator Bill Nelson, a Democrat from Florida who is up for reelection in 2006, because he had refused to co-sponsor the bill.[30]. The climax of the motion picture Once Upon a Time in Mexico (2003) is set amidst a parade that day. The memo was written by Brian Darling, the legal counsel to Florida Republican senator Mel Martinez. The 1998 Babylon 5 episode "Day of the Dead" is centered around an alien tradition with a more literal interpretation of the Mexican holiday's "returning spirits". At the same time, the so-called Schiavo memo surfaced, causing a political firestorm. Backdrop to an episode from Season 1 of Carnivàle.. Supreme Court declined to grant certiorari, effectively ending the Schindlers' legal options. The intended title for the game was "Deeds of the Dead". As in the state courts, all of the Schindlers' federal petitions and appeals were denied, and the U.S. The main character is named "Manny Calavera", and is an skeleton in a formal suit. EST. The 1998 Tim Schafer computer adventure game "Grim Fandango" is set on this day in the land of the dead and includes many allusions to the celebration, as well as other aspects of Mexican folklore. from his vacation in Texas in order to sign the bill into law at 1:11 a.m. The climax of the animated film The Halloween Tree (1993) occurs after an explanation of the Day of the Dead. President Bush flew to Washington D.C. The motion picture Bound by Honor (1993) uses the Day of the Dead to emphasize and to illustrate some of its plot points. EST. In the play A Streetcar Named Desire (1947) by Tennessee Williams the Mexican woman selling 'Flores para los muertos' is a symbol of the way death seems to haunt the character of Blanche DuBois. The bill passed the House on March 21 at 12:41 a.m. The novel Under the Volcano (1947) by Malcolm Lowry takes place in on this day in a fictionalized Cuernavaca, Morelos. Governor Bush and Congressional Republicans anticipated Greer's adverse ruling well before it was delivered and worked on a daily basis to find an alternative means of overturning the legal process by utilizing the authority of the United States Congress.[29] On March 20, 2005, the Senate (with only three members present) passed their version of the resolution, followed by the House of Representatives, a private bill which came to be called the "Palm Sunday Compromise" (S-686), transferring jurisdiction of the Schiavo case to the federal courts. Greer told congressional attorneys, "I have had no cogent reason why the (congressional) committee should intervene." He also stated that last-minute action by Congress does not invalidate years of court rulings.[27][28] Although Senate Majority Leader Bill Frist, Senator Rick Santorum, and House Majority Leader Tom DeLay, brought the possibility of sanctioning Greer on charges of contempt of Congress, Congress did not attempt to enforce the subpoenas or take any action against Greer. Following Greer's order on March 18, 2005 to remove the feeding tube, Republicans in the United States Congress subpoenaed both Michael and Terri Schiavo to testify at a congressional hearing.[25] It is contempt of Congress to prevent or discourage congressional witnesses from testifying.[26] The purpose of the subpoenas was thus to postpone the feeding tube removal. The Florida Supreme Court then overturned the law as unconstitutional.[24]. On May 5, 2004, Baird found "Terri's Law" unconstitutional, and struck it down.[21] Bush appealed this order to the 2nd DCA, but, on May 12, they issued an "Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution."[22] The 2nd DCA, in sending it directly to the Florida's Supreme Court, invoked "pass through" jurisdiction.[23]. On March 17, Baird denied the Schindlers the right to intervene a 2nd time,[17] and the Schindlers, represented by the conservative American Center for Law and Justice (ACLJ), appealed the right to participate in the "Terri's Law" case, with the court scheduling an oral argument [18] date for June 14.[19] The Schindlers' other attorney, Pat Anderson, was concurrently challenging Michael Schiavo's right to be Terri's guardian, and, on June 16, [20] she made a petition for writ of Quo Warranto, a pleading that asks "by what right" someone acts in an official capacity. They appealed, and, on February 13, the Florida Second District Court of Appeal (2nd DCA) reversed Baird's ruling,[16] allowing them to participate. Greer. Douglas Baird, a Circuit Judge in the Florida 6th Circuit, the same circuit as for Judge George W. At the same time, Robert and Mary Schindler, Terri's parents attempted to intervene and participate in the "Terri's Law" case but were denied by Judge W. Michael Schiavo opposed the Governor's intervention, and was represented, in part, by the ACLU. Bush immediately ordered the feeding tube reinserted. Earlier, in October of 2003, when the Schindlers' final appeal was exhausted, the Florida Legislature passed "Terri's Law,"[15] giving Governor Jeb Bush the authority to intervene in the case. Congress made use of extraordinary measures to support the Schindlers. Both the state government of Florida and the U.S. Many are obviously not aware of the medical exams undertaken for the 2002 trial..." [14]. Greer noted that "[m]ost of the doctor affidavits submitted are based on their understanding of Schiavo's condition from news reports or video clips they have seen. Both are asking for an experimental procedure." [13] The following day, Greer denied the first motion as well, citing that an affiant doctor for Michael cautioned that fMRI was an experimental procedure that should be conducted in an academic setting, because Schiavo had already undergone swallowing tests and failed, and because VitalStim had only been performed on patients who were not in a PVS. The same declarations are being used for both motions and the motion appears to be an alternative pleading to the [previous] motion. [12] Judge Greer denied the second motion on March 8, saying "it has become clear that the [second] motion is part and parcel of [the previous] motion on medical evaluations. On February 28, the Schindlers filed a motion, asking for permission to attempt to provide Schiavo with "Food and Water by Natural Means." This second motion asked for permission to "attempt to feed" Schiavo by mouth. on Friday, March 18, 2005." [11]. Anderson argued that Greer did not specify "artificial nutrition and hydration" versus "oral nutrition and hydration" and stated that "the withholding of food and water...was not ordered by the Court but by Michael Schiavo." [10] In his order, Greer also set a time and date for the removal of the feeding tube: "1:00 p.m. [7] [8] Patricia Fields Anderson, the Schindler family attorney, still held out hope "that Terri might be able to take nourishment orally, despite past findings that she is incapable." [9] Judge Greer formally denied the motion and ordered the "removal of nutrition and hydration from the ward" . The motion was accompanied by thirty-three affidavits from doctors in several specialties, speech pathologists and therapists, and a few neuropsychologists, all urging that new tests be undertaken. On February 23, 2005, the Schindlers filed a motion for relief from judgment pending medical evaluations[6] The Schindlers wanted Schiavo to be tested with an fMRI and given a swallowing therapy called VitalStim. No stay was granted by the appellate courts, and on March 18, 2005, Schiavo's feeding tube was removed for a third time. The Schindlers filed two motions in an effort for forestall the removal of Terri's feeding tube. In addressing the issue of law surrounding the case, Wolfson concluded "that the trier of fact and the evidence that served as the basis for the decisions regarding Theresa Schiavo were firmly grounded within Florida statutory and case law, which clearly and unequivocally provide for the removal of artificial nutrition in cases of persistent vegetative states.". Of suggestions that Michael Schiavo refused to relinquish his guardianship because of financial interests or to cover up previous abuse, Wolfson reported that "there is no evidence in the record to substantiate any of these perceptions or allegations.". That the Schindlers would keep their daughter alive to the point of her "limbs being amputated," was not accurate according to Wolfson. Wolfson addressed two criticisms that media attention had affixed to the Schindlers and Michael Schiavo, respectively. In examining medical records and consultations surrounding the case, Wolfson concluded: "(that there is) well documented information that she is in a persistent vegetative state with no likelihood of improvement, and that the neurological and speech pathology evidence in the file support the contention that she cannot take oral nutrition or hydration and cannot consciously interact with her environment." He observed further that while there appeared to be agreement about Schiavo and PVS: "the Schindlers have adopted what appears to be a position that Theresa is not in a persistent vegetative state, and/or that they do not support the fact that such a medical state exists at all.". His central finding was: "The GAL was not able to independently determine that there were consistent, repetitive, intentional, reproducible interactive and aware activities." He notes further, that when joined by her parents no success was gained in eliciting a repetitive or consistent response from Schiavo. In December, 2003, he submitted his report, referring to himself in the third person as "the GAL". Wolfson visited Schiavo at least daily over the course of a month. By the start of 2005, feeding tube removal again seemed imminent and the case again began to reach a national audience. Throughout 2004, the legal struggle continued, but it received less publicity. Wolfson's report did not change Michael's role as Terri's legal guardian and did not otherwise obstruct him legally. Jay Wolfson, to "deduce and represent the best wishes and best interests" of Schiavo, and report them to Governor Bush. Part of the legislation required the appointment of a guardian ad litem, Dr. [5] She was then returned to the hospice. She was taken to a hospital, where her feeding tube was surgically reinserted. Bush immediately sent the Florida Department of Law Enforcement to remove Schiavo from the hospice. See "Government involvement" for additional details. Within a week, the Florida legislature passed and Florida Governor Jeb Bush signed "Terri's Law", enabling Bush to intervene. On October 15, 2003, Schiavo's feeding tube was removed. Iyer for the January 2000 evidentiary hearing had Iyer contacted them [in 1996] as her affidavit alleges." [4]. Schindler would not have subpoenaed Ms. and Mrs. Schindler...It is impossible to believe that Mr. and Mrs. Iyer details what amounts to a 15-month cover-up [April 1995 through July 1996] which include the staff of Palm Garden of Largo Convalescent Center, the Guardian of the Person, the guardian ad litem, the medical professionals, the police and, believe it or not, Mr. The exhibits relied upon by them clearly demonstrate this to be true." Regarding Iyer's statements, Greer wrote that they were "incredible to say the least" and that "Ms. It is not even a veiled or disguised attempt. Schindler to re-litigate the entire case. and Mrs. On September 17, Judge George Greer denied the petition, and wrote that "the Petition is an attempt by Mr. Iyer stated that standing orders were not to contact the Schindler family, but that she "would call them anyway." Iyer stated that she eventually called the police and was fired the next day. She stated that it was medically possible that Michael injected his wife with insulin in an attempt to kill her. One of the nurses, Carla Sauer Iyer said in her affidavit that her initial training in 1996 consisted solely of the instruction, "do what Michael Schiavo tells you or you're terminated." She stated that on five different occasions, she tested Schiavo's blood sugar levels after Michael visited her, and she found that her blood sugar levels were so low it wouldn't even register a number. At the hearing the Schindlers' counsel read into the record additional affidavits from three speech professionals and two nurses. Gimon. Alexander T. Accompanying the petition were four affidavits from members of the Schindler family and one from Dr. The petition was denied. On September 11, 2003, the Schindlers petitioned the court to forestall removal of the feeding tube to provide for "eight weeks' therapy". In the fall of 2002, their first child was born. In 1995, Michael began a relationship with another woman, Jodi Centonze. By the summer of 2003, Michael's pursuit of having Terri's feeding tube removed had progressed to the point where removal seemed imminent. Pro-life groups had begun to actively come to the aid of the Schindlers and the story was receiving increasing publicity at the state level. As the legal conflict escalated to the state level, the Schindlers began to use Randall Terry as their spokesman. The Schindlers released an influential video of Terri and her mother in what appeared to be some form of interaction. They would do so again in 2005. In March of 2000, the Schindlers filed a motion to permit oral feeding of Schiavo, which is not considered a life-prolonging procedure under Florida law. There were many legal conflicts over the next five years between Michael Schiavo and Terri's parents. The courts determined that Terri was in a persistent vegetative state from which she had little chance of ever recovering. In 1998, Michael requested that Terri's nutrition be withheld with the obvious intention that Terri's life should come to an end in the near future. Terri's parents and, in several cases, medical administrative staff moved to opposed these measures and thus began a long and complicated legal struggle. He requested that treatment for infections be halted. In 1994, Michael Schiavo indicated that he saw no hopes for his wife's recovery, and that she would not want to continue her life under those circumstances. The Schindler's continue to present statements to the public that question this diagnosis, but the issue has not further been addressed by the courts. Michael fought and won a malpractice suit with a large monetary award against Terri's obstetrician based on the premise that Terri had an undiagnosed eating disorder. That latter pursuit was not successful. She was diagnosed as being in persistent vegetative state and was provided with standard care for such a case and was also provided with some extraordinary procedures in pursuit of a cognitive recovery. She was fitted with a feeding tube for nutrition and hydration. Terri Schiavo suffered a cardiac arrest at her home in 1990. In 1989, the Schiavos began visiting an obstetrician and receiving fertility services and counseling in the hopes of having a child. In Florida, she worked as an insurance claims clerk for the Prudential insurance company, and Michael was a restaurant manager. Petersburg three months later. Schiavo's parents also moved to St. Petersburg, Florida, in April 1986. They moved to St. They were married on November 10, 1984, at Our Lady of Good Counsel Church in Southampton, Pennsylvania. After dating for five months, the couple became engaged. He was her first boyfriend. She met Michael Schiavo in 1982 in a sociology class at Bucks County Community College. She went on a NutriSystem diet and lost about 55 pounds (25 kg).[2] She may have developed an eating disorder around this time.[3] In 1981, she graduated from Archbishop Wood Catholic High School. By her senior year in high school, Schiavo was overweight, with a height of 5 feet, 3 inches (160 cm) and a weight of around 200 pounds (90 kg). (Bobby) and Suzanne (now Suzanne Vitadamo). Her younger siblings were Robert Jr. Schiavo grew up in the Huntingdon Valley area of Lower Moreland Township, Pennsylvania, a suburb of Philadelphia, Pennsylvania, as the eldest of three children of Robert and Mary Schindler. . She died at a Pinellas Park, Florida hospice on March 31, 2005, at the age of 41. Her feeding tube was removed a third and final time on March 18, 2005. Despite these interventions, the courts continued to find that Schiavo was in a PVS with no hope for recovery, and would want to cease life support. By March 2005, the legal history around the Schiavo case included fourteen appeals and numerous motions, petitions, and hearings in the Florida courts; five suits in Federal District Court; Florida legislation struck down by the Supreme Court of Florida; a subpoena by a congressional committee in an attempt to qualify Schiavo for "witness protection"; federal legislation (Palm Sunday Compromise); and four denials of certiorari from the Supreme Court of the United States.[1]. By 2003, the matter, while still local to Florida, had received some national attention. The courts consistently found that Schiavo was in a PVS and had made credible statements that she would not wish to be kept alive on a machine. Beginning in 1998, Terri's husband and guardian Michael Schiavo petitioned the courts to remove the gastric feeding tube keeping Schiavo alive; Schiavo's parents Robert and Mary Schindler fought a series of legal battles opposing Michael. Within three years, she was diagnosed as being in a persistent vegetative state (PVS) with little chance of recovery. She remained in a coma for ten weeks. Schiavo experienced cardiac arrest due to a potassium imbalance and collapsed in her home in 1990, incurring massive brain damage. Petersburg, Florida whose medical circumstances and attendant legal battles fueled significant media attention and led to several high-profile court decisions and involvement by politicians and interest groups. Theresa Marie "Terri" Schiavo (December 3, 1963 – March 31, 2005) was a woman from St. "Schiavo abuse claims were old," Saint Petersburg Times, June 4, 2005 link. ^ Tisch, Chris and Krueger, Curtis. "Statement from Gloria Allred, Attorney-at-Law, Representing Robert Herring, Sr.:," Christian Wire Service, March 10, 2005 link. ^ Allred, Gloria, Esq. "Money Trail in the Schiavo Case: Bioethics for Sale?," The Daily Kos, March 22, 2005 link. ^ Zúniga, Markos Moulitsas. "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO," Abstract Appeal Legal Blog, December 1, 2003 link. ^ Wolfson, Jay, DrPH, JD. 6th Judicial Circuit, February 11, 2000 link. 90-2908GD-003, Fla. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. ^ Greer, George W., Circuit Judge. "The Terri Schiavo Case: Vatican official enters Schiavo feeding tube fray," Saint Petersburg Times, February 26, 2005 link. ^ Moore, Waveney Ann. "Schiavo's Remains Buried Amid Acrimony: Acrimony Between Terri Schiavo's Parents and Husband Continues As Her Remains Buried in Florida," Associated Press, June 21, 2005 link. ^ Stacy, Mitch. "Schiavo's parents planning a funeral Mass for today," Saint Petersburg Times, April 5, 2005 link. ^ By Times Staff. "REPORT OF AUTOPSY" for Theresa Schiavo, Case #5050439, June 13, 2005 link. ^ Thogmartin, Jon R., M.D. "Autopsy: No sign Schiavo was abused: Findings show woman's brain 'profoundly atrophied'," CNN, June 17, 2005 link. ^ Phillips, Rich, Producer. "REPORT OF AUTOPSY" for Theresa Schiavo, Case #5050439, June 13, 2005 link. ^ Thogmartin, Jon R., M.D. "Attorney: Terri's husband cradled her: 'It was a very emotional moment for many of us there'," CNN, April 1, 2005 link. ^ An Unsigned News Story. "KCBS Report: State Tried Schiavo Grab," WCBS-TV, March 26, 2005 (WCBS-TV New York, reprinting a KCBS-TV Los Angeles Story) link. ^ An Unsigned "AP" News Story. "GOP memo says issue offers political rewards," The Washington Post, April 4, 2005 link. ^ An Unsigned News Story. "Lawyers for Bush, lawmakers worked at exhausting pace on Schiavo," The Associated Press, May 24, 2005 link. ^ Farrington, Brendan. "Schiavo's Feeding Tube Removed," TBO.com News, March 18, 2005 link. ^ An Unsigned "AP" News Story. "Schiavo's feeding tube removed despite congressional intervention," USA Today, March 18, 2005 link. ^ An Unsigned "AP" News Story. "Docs Remove Terri Schiavo's Feeding Tube: Tube Was Scheduled To Be Removed Friday," CBS 2 Chicago, WBBM-TV, March 17, 2005 link. ^ An Unsigned News Story. House of Representatives, March 18, 2005 link. "SUBPOENA," Committee on Government Reform, U.S. ^ Davis, Tom, Chairman, (for The Committee). MICHAEL SCHIAVO, Guardian of Theresa Schiavo, Appellee," Case Number: SC04-925, Florida Supreme Court, September 23, 2004 link. "JEB BUSH, Governor of Florida, et al., Appellants, vs. ^ Pariente, Barbara, Chief Justice (for The Court). "Schiavo News," Abstract Appeal Legal Web Log, June 10, 2004 link. ^ Conigliaro, Matt, Esq. "Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution," Case Number: 2D04-2045, Florida Second District Court of Appeal, May 12, 2004 (Pages 6 & 7 of the 7-page Brief at the link following) link. ^ Birkhold, James, Clerk (for The Court). 6th Judicial Circuit, May 5, 2005 link. 03-008212-CI-20, Fla. Jeb BUSH, Governor of the State of Florida, and Charlie Crist, Attorney General of the State of Florida, Respondents," Case No. "Michael SCHIAVO, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Douglas, Circuit Judge. ^ Baird, W. "News Coverage of Terri Schiavo's family's challenge to Mike Schiavo's guardianship," Purple Moose Marie Web log, June 16, 2004 link. ^ Ford, Cheryl, R.N. "Case Docket," Case Number: 2D04-1528, Florida Second District Court of Appeal, link. ^ State of Florida. "Lakeland Appeals Court holds Oral Arguments for Terri's Law," Purple Moose Marie Web log, June 14, 2004 link. ^ Anonymous. Minnesota Governor's Council on Developmental Disabilities, March 17, 2004 link. "Judge Baird Again Denies Schindlers' Request To Intervene In "Terri's Law" Case," Fla. ^ Reynolds, Dave, Inclusion Daily Express. MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO, Appellee," Case Number: 2D03-5200, Florida Second District Court of Appeal, February 13, 2004 link. "ROBERT SCHINDLER and MARY SCHINDLER, parents of THERESA MARIE SCHIAVO, Appellants, v. ^ David, Charles A., Jr., Judge (for The Court). 35-E, which later was passed into Law as Florida Public Law, Chapter 2003-418, commonly known as "Terri's Law," link. House Bill No. ^ State of Florida. 6th Judicial Circuit, March 9, 2005 link. 90-2908-GD-003, Fla. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. MICHAEL SCHIAVO, Petitioner, vs. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. ^ Greer, George W., Circuit Judge. 6th Judicial Circuit, March 8, 2005 link. 90-2908-GD-003, Fla. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. MICHAEL SCHIAVO, Petitioner, vs. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. ^ Greer, George W., Circuit Judge. "EMERGENCY EXPEDITED MOTION FOR PERMISSION TO PROVIDE THERESA SCHIAVO WITH FOOD AND WATER BY NATURAL MEANS," File Number: 90-2908GD-003, February 27, 2005 link. ^ Gibbs, David C., III, Esq. 6th Judicial Circuit, February 25, 2005 link. 90-2908-GD-003, Fla. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. MICHAEL SCHIAVO, Petitioner, vs. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. ^ Greer, George W., Circuit Judge. "Judge Greer and Michael Schiavo: Collusive Law Breaking in Attempts to End Terri's Life," Liberty To The Captives, October 31, 2003 link. ^ Ruby, Lisa. "Too thin a line between life, death for Schiavo," Saint Petersburg Times, September 15, 2003 link. ^ Troxler, Howard. "On Face the Nation, Family Research Council's Perkins misrepresented Schindler family's 33 affidavits calling for more medical treatment for Terri Schiavo," Media Matters for America, March 28, 2005 link. ^ An Unsigned Editorial. 6th Judicial Circuit, March 9, 2005 link. 90-2908-GD-003, Fla. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. MICHAEL SCHIAVO, Petitioner, vs. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. ^ Greer, George W., Circuit Judge. "RESPONDENTS' FLA.R.CIV.P.1.540(b)(5) MOTION FOR RELIEF FROM JUDGMENT PENDING CONTEMPORARY MEDICAL/PSYCHIATRIC/REHABILITATIVE EVALUATION OF THERESA MARIE SCHIAVO," File Number: 90-2908GD-003, February 23, 2005 link. ^ Gibbs, David C., III, Esq. "Transcript: Michael Schiavo on 'Nightline': Husband at the Heart of the 'Right to Die' Case Speaks to Chris Bury," ABC News, March 15, 2005 link. ^ Bury, Chris. 6th Judicial Circuit, September 17, 2003 link. 90-2908GD-003, Fla. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO, Petitioner, v. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. ^ Greer, George W., Circuit Judge. "Terri Schiavo case reveals the dangers of eating disorders," The Johns Hopkins Newsletter, March 24, 2005 link. ^ Nair, Sandya. "The Legacy of Terri Schiavo," Newsweek, April 4, 2005 link. ^ Campo-Flores, Arian. "RESPONDENT MICHAEL SCHIAVO'S OPPOSITION TO APPLICATION FOR INJUNCTION," Case No.: 04A-825, March 24, 2005 link. ^ Felos, George J., Esq. note: See peace symbol. Ed. |