DECLARATION OF BARBARA J. WELLER
STATE OF FLORIDA )
COUNTY OF PINELLAS )I, BARBARA WELLER, Attorney for Respondents in the above-styled case, hereby declare under penalty of perjury:
- I visited with Terri at various times during the day on March 18, 2005, the day her feeding tube was removed.
- 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 Terri's life. For most of that time, I was visiting and talking with Terri along with Terri's sister Suzanne Vitadamo, Suzanne's husband, and Terri's aunt, who was visiting from New York to help provide support for the family. A female Pinellas Park police office was stationed at the door outside Terri's room.
- Terri was sitting up in her lounge chair, dressed and looking alert and well. Her feeding tube had been plugged in around 11 a.m. 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 D.C. to testify before Congress, which meant that finally Terri'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.
- At one point, I noticed Terri'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, Terri's eyes widened and she was obviously very pleased.
- 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.
- The most dramatic event of this visit happened at one point when I was sitting on Terri's bed next to Suzanne. Terri was sitting in her lounge chair and her aunt was standing at the foot of the chair. I stood up and learned over Terri. I took her arms in both of my hands. I said to her, "Terri if you could only say ‘I want to live' this whole thing could be over today." I begged her to try very hard to say, "I want to live." To my enormous shock and surprise, Terri's eyes opened wide, she looked me square in the face, and with a look of great concentration, she said, "Ahhhhhhh." Then, seeming to summon up all the strength she had, she virtually screamed, "Waaaaaaaa." She yelled so loudly that Michael Vitadamo, Suzanne's husband, and the female police officer who were then standing together outside Terri's door, clearly heard her. At that point, Terri had a look of anguish on her face that I had never seen before and she seemed to be struggling hard, but was unable to complete the sentence. She became very frustrated and began to cry. I was horrified that I was obviously causing Terri so much anguish. Suzanne and I began to stroke Terri's face and hair 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 I would tell the world that she had tried to say, "I want to live."
- Suzanne and I continued to visit and talk with Terri, along with other family members who came and went in the room, until about 2:00 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.
- About four in the afternoon, several hours after the feeding tube was removed, I returned to Terri'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 other 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.
- 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 from 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 Jesus' Name, Terri again laughed out loud. She became very agitated and began loudly trying to speak to me again. As Terri continued to laugh and try to speak, I quietly prayed in her ear, kissed her, placed her in Jesus' 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 22nd day of March, 2005, at Seminole, Florida.
BARBARA J. WELLER
Sworn to and subscribed before me this 25nd day of March, 2005.
Interesting, how the statements from Weller regarding what happenned have changed a little as time has gone by:
From Blogs for Terri, 18 March 2005. Richard's post at 2:36 PM:
Attorney Barbara Weller was with Terri earlier today. She told the media that, during her visit with Terri, she explained to her what was happening. According to Weller, Terri began to cry and could not be quieted. She tried to coach Terri to say "Let me live" but she simply was having too much difficulty.
From Hyscience, 18 March 2005 2:40 PM (same exact verbiage):
Attorney Barbara Weller was with Terri earlier today. She told the media that, during her visit with Terri, she explained to her what was happening. According to Weller, Terri began to cry and could not be quieted. She tried to coach Terri to say "Let me live" but she simply was having too much difficulty.
There's a bit of a difference between the statements issued 18 March and those that have been issued subsequently. The earlier ones don't even mention the Ahhhh Wahhh declaration for some strange reason (and these blogs very much side with the Schindlers, so why wouldn't they contain that critical info?). Some of the other "Pro-life" blogs claim a police officer asked Terri if she wanted to live when serving her with a subpeona and Terri clearly stated "yes." According to the affadavit above, a police officer was also present to hear Terri's attempted "declaration." Why is it that neither of these police officers has come forward to say they witnessed these events and they happenned exactly as described by the Schindler's & their attorney? Additionally, the Schindler's have gone out of their way to show as much video of Terri (including the infamously edited video "proving" that Terri was aware and showed cognitive abilities) as possible, even some video post-withdrawal of feeding tube was aired on TV. . .why is it that these declarations were not caught on video and provided as further evidence of the grand conspiracy of Michael Schiavo, the Florida State Legislature, the Federal courts (District 11 court of appeals) and all staff at the hospice that interacted with Terri? Under the circumstances, it just seems awfully strange that there's absolutely no objective documentation of any of these attempts at statements by Mrs Schiavo.
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