FL: Terri Schiavo Case; Nurse's Sworn Affidavit Reduces Michael Schiavo's Statements To Mud...
Slimpickins
2nd Schiavo friend speaks
By DAVID SOMMER
of The Tampa Tribune
CLEARWATER - A nurse who says she was close friends with Michael Schiavo has
emerged as the latest witness in the fight over his wife's right to die.
Trudy Capone's sworn statements echo those of a former girlfriend of
Schiavo's who surfaced last month. But Schiavo's attorney contends neither
woman is talking about Terri Schiavo's right to die when they quote her
husband as having doubts about what to do for her.
Instead, both Capone and Cyndi Brashers Shook are referring to details of
Terri Schiavo's care, according to George Felos, who represents Michael
Schiavo.
``If Trudy Capone could say, `Michael Schiavo told me he didn't know what
Terri's wishes were regarding life support,' don't you think it would be in
her affidavit?'' Felos asked Wednesday.
But attorneys fighting on behalf of Terri Schiavo's parents to keep her
alive contend Capone's statements bolster the argument that Schiavo has lied
in court, first to obtain more than $700,000 for his wife's continued care
in a 1992 medical malpractice case, and then to get permission to disconnect
her feeding tube in a January 2000 trial.
Both Capone and Shook have said Schiavo's personality changed after he won
money in the suit, including about $300,000 for losses connected to his
wife's condition, according to court records.
She has been in a vegetative state since suffering a heart attack in 1990 at
age 26.
Her husband has testified that prior to the heart attack, she spoke of not
wanting to be kept alive if she were incapacitated with no hope of recovery.
Terri Schiavo's brain is gone, and she sees, feels and hears nothing,
according to Michael Schiavo's doctor. But her parents, Bob and Mary
Schindler, say their daughter reacts to them during visits and could improve
if provided therapy.
Both sides have accused the other of coveting an approximately $700,000
inheritance.
In a sworn affidavit filed Wednesday, Capone states, ``Michael confided in
me all the time about Terri,'' and goes on to say, ``Michael never knew what
Terri wanted.'' The affidavit does not state the context in which Schiavo
did not know his wife's wishes, and it does not specify when Capone and
Schiavo, who are both nurses, shared what Capone characterizes as a close
friendship.
Both women speak of being harassed by Schiavo after breaking off their
relationships, and both state that Terri Schiavo seemed aware of her
surroundings during the time they knew her.
Felos would not comment on Capone's statement that, since Terri Schiavo's
illness, Michael Schiavo has fathered two children with another woman.
Schiavo has acknowledged that he has, for years, been engaged to his current
fiancee.
Bob Schindler said he and his wife are heartened that Capone came forward.
In her affidavit, Capone said she wishes she had offered testimony sooner.
``I feel guilty because I did not want to get involved,'' the affidavit
states.
Schindler said his family is also happy about a 2nd District Court of Appeal
order Wednesday that virtually guarantees the appeals court will not give
Schiavo permission to remove his wife's feeding tube for at least several
weeks. The court said it will hear oral arguments June 25 on three cases
regarding Terri Schiavo's fate.
Joseph Magri, one of a team of volunteer lawyers helping the Schindlers,
said the court order not only gives the Schindlers time, but also in effect
denies Felos' request for immediate permission to disconnect the feeding
tube.
The court had allowed the tube to be disconnected last month. But a local
judge ordered feeding resumed after the Schindlers sued Schiavo alleging
intentional infliction of emotional pain.
David Sommer can be reached at (727) 799-7413.
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