Emergency Hearing: The Hour is at Hand

Schiavo parents get emergency hearing

They argue that daughter expressed will to live

PINELLAS PARK, Florida (CNN) -- A Florida state judge will rule by noon Saturday on a motion filed by Terri Schiavo's parents, who contend that their brain-damaged daughter has expressed the wish to live.

"She managed to articulate the first two vowel sounds, first articulating AHHHHHHH and then virtually screaming WAAAAAAAA," the motion said.

The incident happened in the presence of Schiavo's sister, Suzanne Vitadamo, and an aunt, the motion said.

At the emergency hearing Friday afternoon, the parents' lawyer, David Gibbs, asked 6th Circuit Judge George Greer to consider allowing Schiavo a minimal amount of intravenous fluids while new information is examined.

Greer agreed to consider the request but denied Gibbs' request for a different judge.

The emergency hearing was conducted via conference call.

The motion was part of last-ditch efforts by Schiavo's parents, Bob and Mary Schindler, to get their daughter's feeding tube reconnected immediately, saying she is now "down to her last hours."

Friday marks a full week since Schiavo's feeding tube was removed.

George Felos, the attorney for Michael Schiavo, Terri's husband and guardian, called the parents' emergency motion an "abuse of the court process" and said it is "crossing the line."

He questioned how the parents could have had such evidence a week ago and not acted upon it until now -- when their legal options are running out.

"It is absolutely inconceivable to me or to anyone that Mr. and Mrs. Schindler, who have repeatedly brought every possible shred of evidence and every allegation no matter how bizarre or remote to this court for consideration, have purported evidence that Mrs. Schiavo is talking and expressing," Felos said.

The parents have dealt with each legal setback with appeals. Earlier pleas to the U.S. Supreme Court and to federal courts in Tampa and Atlanta have been denied. Attempts by Florida Gov. Jeb Bush, state officials, even Bush's brother, President Bush, on behalf of the parents have been answered and rebuffed.

Legal experts say the Schindlers are unlikely to win their latest appeal effort...

Greer himself, the judge whose decision on the Schindler's emergency motion is expected Saturday, ordered the removal of Schiavo's feeding tube last Friday. He also rejected a request to hear new testimony from a doctor who disagrees with the prevailing diagnosis that Schiavo is in a "persistent vegetative state." Greer also barred state authorities from taking Schiavo into their custody.

The years-long fight has pitted Terri Schiavo's husband against her parents, the Schindlers. Michael Schiavo has argued that his wife had said, before her illness, that she would not want to continue living if she were in such a condition.

The Schindlers argue that their daughter never made such a right-to-die declaration and that she would not want to be, in their words, "starved to death."

Schiavo's feeding tube has been removed twice before: for two days in 2001 and six days in 2003.

Differing descriptions of Schiavo

George Felos, the attorney for Schiavo's husband, said Michael Schiavo is at his wife's bedside, where he has been since shortly after her feeding tube was removed last Friday.

Felos told CNN that Terri Schiavo appears "peaceful" and "is in her dying process." She is going through what "millions go through during their death process," he said.

Michael Schiavo's brother, Brian, also said his sister-in-law appeared "peaceful."

"She's lying there. Sometimes her mouth is agape," he said. "She's not too different from when I saw her the day before."

Brian Schiavo said she appears "withdrawn," but "she is not in pain."

Bob Schindler said that his daughter is showing increasing signs of "starvation and dehydration."

"I told her we're still fighting for her. And she shouldn't give up, because we're not. But I think the people who are anxious to let her die are getting their wish," he told reporters outside the hospice Friday.

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Felos says Michael Schiavo is at his wife's bedside (meaning Terri, not the other wife he has), "where he has been since shortly after her feeding tube was removed last Friday."

I've lost track. How many times has he been on Larry King Live since then? Not exactly glued to her bedside, is he? Does he go home to his other "wife" and kids at night?

Terri is fighting. She has the will to live. That's clear. Seven days without nutrition and hydration and she hasn't gone into a coma. She won't give up and neither will her parents.

Her devoted family and supporters continue their tireless efforts to save her. She hasn't been abandoned as she struggles to hang on to life. Their staunch refusal to give in to the "Deathocrats," their persistence, is one of the most inspiring things I've ever witnessed.

All in the name of love.