Schindler Family Releases Video of Daughter
By Jeff Johnson
CNSNews.com Congressional Bureau Chief
October 14, 2003

3rd Add: Includes additional background and quotes

(CNSNews.com) - The family of Terri Schindler Schiavo has disclosed a videotape made in violation of a court order they say disproves her husband's contention that she is in a "persistent vegetative state," as is required by Florida law to end her life.

Michael Schiavo, husband of the disabled woman whose feeding tube is to be removed Wednesday, threatened through an attorney Tuesday to deny Terri's parents access to their daughter as a result of the tape's release.

Robert Schindler admits that he knowingly violated a court order issued by Pinellas-Pasco County, Fla., Circuit Judge George Greer barring Terri's family from providing her with any form of rehabilitative therapy or from taking still photographs and audio or video recordings of his daughter.

"I went in with the camera because I expected Terri to be dying very shortly, and I wanted to bring the truth out," Schindler explained when asked about the possibility of going to jail for contempt of court. "What happens, happens. But if there's anything regarding Terri that could help her, that is not going to injure anyone or do anyone harm, then I'm [supportive of it]."

The family distributed copies of the tape to the media in hopes that Fla. Gov. Jeb Bush will see it and order the state Department of Children and Family Services to intervene on Terri's behalf. Alia Faraj, Gov. Bush's press secretary, said Monday that the matter is "in the courts' hands right now."

Video shows interaction between mother and daughter

The nearly five-minute-long video includes scenes of Terri together with her mother, Mary Schindler, and shows Terri apparently interacting with her mother and trying to speak. In one segment, the mother enters Terri's hospice room and speaks her daughter's name, at which point Terri's eyes open wider, and she attempts to sit upright in her hospital bed.

Pamela Hennessy, volunteer media coordinator for the Terri Schindler Schiavo Foundation, described Terri as being able to sit up in her chair unassisted and "extremely alert, extremely responsive.

"Her mother comes in and starts nuzzling her and kissing her on her cheek, and Terri starts laughing out loud. Her mother says to her, 'Can you say Mom?' And Terri replies, much like a small child or a toddler would, with some vocalizations, and she laughs again," Hennessy said.

In the videotape, dated August 11, 2001, Terri is seen smiling when kissed on the cheek by her mother. When the mother begins to more playfully kiss her daughter's face, Terri can be seen and heard laughing in response.

In another portion of the tape, the woman's mother asks her if she can say "Mom," and Terri can be heard trying to speak, and she can be seen trying to form words with her mouth. At one point, Terri gives the appearance of frustration, furrowing her brow and losing her smile.

Mrs. Schindler said Tuesday that the attempts to communicate had a visible effect on her daughter.

"She gets frustrated, you can hear it in her voice, when she can't communicate like I'm sure she wants to, it's difficult for her," said Mrs. Schindler. "But that's her best effort to say, 'I'm in here, and I'm trying to talk to you.'"

Family hopes Gov. Bush will see tape, intervene

The Schindler videotape was made at some risk, which the family acknowledges, with the hope that seeing Terri in what appears to be a non-vegetative state will prompt Florida Gov. Jeb Bush to become involved in the matter.

"The governor, more than any other state official, has a responsibility to take care that the laws are faithfully executed and to give a voice to the citizens of the state," Bush press secretary Alia Faraj said before the release of the clandestine videotape.

As it stands, the nutrition and hydration tube keeping the woman alive is scheduled to be removed at 2:00 p.m. EDT Oct. 15, which will result in her death by dehydration and/or starvation.

The release of the tape has already resulted in a threat from the legal team representing Terri's husband.

One of Michael Schiavo's attorneys, Deborah Bushnell, faxed the Schindlers' attorney a letter Tuesday morning, threatening to deny access to Terri if the video was released.

"As you know, this is in direct violation of a court order in this case," Bushnell wrote. "If your clients choose to release the tape, they will not be allowed to visit Terri unless [Schiavo] or his representative is present.

"In addition, [Schiavo] may seek other remedies from the court, as appropriate," Bushnell concluded.

Bushnell did not respond to an interview request from CNSNews.com.

Death from dehydration, starvation could take up to two weeks

Terri Schindler Schiavo suffered a brain injury due to oxygen depravation in 1990 under questionable circumstances. Her husband and his doctors contend that Terri's injury is the result of a heart attack brought on by a potassium imbalance.

Terri's parents contend that the oxygen depravation was the result of an alleged assault and strangulation attempt by Schiavo. They have been seeking to have him removed as Terri's legal guardian.

Schiavo has been seeking court permission to remove his wife's feeding tube since shortly after receiving a $1.2 million medical malpractice award, $700,000 of which was to be dedicated to Terri's care and rehabilitation. Although Schiavo's attorney, George Felos, has refused to speak with CNSNews.com since Sept. 16, he has previously denied that his client was motivated by the money. Felos claimed that all of the funds have been exhausted, with the court's permission, in the legal battle to end Terri's life.

If Terri's feeding/gastrostomy tube is removed Wednesday at 2 p.m. (Eastern) as ordered by Judge Greer, doctors estimate that it will take 10 days to two weeks for her to die of dehydration, starvation or a combination of the two. Doctors have conflicting opinions about exactly how much pain Terri might suffer during that process.

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