Replies

Review of Jay Wolfson GAL Appointment

RePosted With Permission from Ed-sunsetnights_la

(Ed is a graduating Law student with honors from a “Top 5”
U.S. Law School – Harv)

Date: Sat Nov 1, 2003 3:15 am
Subject: Excellent Day In Court All Factors Considered

In analysis of the Wolfson GAL decision:

One
---
The Schindlers didn't even offer the Judge their recommendation for a GAL. Only complained about the default GAL. Not a good legal move.

Why did the Schindler's not recommend the previous GAL, Richard Pearse who is a Clearwater Attorney and supported the Schindler's position the last time he reviewed the case.

The reason the courts got a GAL the last time was due to George Felos recommendation. Felos would have not approved Pearse if he didn't think Pearse would issued a favorable opinion to Michael and Felos. End up Pearse went against Felos. This situation has been previous posted here.

Yes Felos would have objected, but it would have put Pearse back in the limelight. Pearse told a journalist last week that he still supported his decision as the right one.

This is strange the Schindlers have not involved Attorney Pearse again in this case or media activity Nothing!

Starting to makesense, however. $100 say Richard Pearse will not help the Schindler's because they are not being honest and are using that quack Dr. Hammerfahr to spin all this BS. Clearwater attorney, Richard Pearce has to protect his legal license and reputation! It is his livelyhood.

Two
---
News Report >> Dr. Wolfson will report his GAL recommendations to Gov. Jeb Bush and recommend whether the stay the governor enacted to keep Terri Schiavo alive should be lifted or allowed to remain.

This is a huge win for Terri. Don't know how Bush pulled this off. Maybe big bro Pres was a helper. The legal scholars will be screaming that Bush still has injected himself in the legal process. Love it.

I noticed a previous post that Florida has passed two of these "odd-ball" laws in the past. This Terri Law situation is not new. Maybethese past odd-ball laws will give the Supreme Court trouble strikingTerri's Law down. Have to research them next week sometime.

More details will be available this weekend, but I get the feeling from reading all the articles just hitting the wire, that the brief filed Friday by Gov Bush forced Judge Demers to make a number of interputative decisions, which could be subject of appeals later in Terri's defense.

Judge Demer said several things that caught my attention as he was trying to makes several decisions in order.

George Felos also made this statement - "The attorney for Michael Schiavo, said he believes the order Demers signed "reflects a little bit of puzzlement on the party of the judiciary regarding on the involvement of the governor." (This means Felos is very unhappy that the precedings did not go as planned!..Ed)

This is what Felos is referring to:

In Terri Schiavo's case, Wolfson will not represent her Terri's)interests and he is limited in reporting to the Governor the value ofgiving Schiavo tests to see if she can be rehabilitated andsummarizing the decade-long legal battle between her husband andparents.

Demers ordered Wolfson to report to the governor in 30 days, but said the deadline could be extended if needed.

ED: This is perfect. With the Schindlers having such a weak position and offering no GAL, which makes no sense!, it was a very good day in Court for Terri..Ed

-------

I/we concur with Ed's position

Harv and PAC

News Report >> Dr. Wolfson will report his GAL recommendations to Gov. Jeb Bush and recommend whether the stay the governor enacted to keep Terri Schiavo alive should be lifted or allowed to remain. This is a huge win for Terri. Don't know how Bush pulled this off. Maybe big bro Pres was a helper. The legal scholars will be screaming that Bush still has injected himself in the legal process. Love it.

Terri's Law itself calls for the GAL to report to the Gov. as well as the court. Agreed, Demers actually honoring this is a small miracle.

Wolfson is smarter than Felos. I do not believe his judgement will be clouded by passion the way Felos' is. That doesn't mean they don't have something on him that can be used to control his decision...

<<<(Ed is a graduating Law student with honors from a “Top 5” U.S. Law School – Harv)

The Schindlers didn't even offer the Judge their recommendation for a GAL. Only complained about the default GAL. Not a good legal move.
.....
ED: This is perfect. With the Schindlers having such a weak position and offering no GAL, which makes no sense!, it was a very good day in Court for Terri..Ed
>>>

But the Schindlers did suggest a GAL -- see Respondents' Response to the Court's Requests Regarding Guardian ad Litem

This response states (in part):

"Respondents believe the Ward's interests are best served by a person ... who is familiar with the intricacies of Florida's guardianship statues, who is experienced in acting as a guardian ... Respondents believe a professional guardian, already known to this Court and already having demonstrated a record of reliability, is the best person to serve in this important role. Respondents believe Ms. [Mary Anne] Quartetti meets these criteria, but if the Court for whatever reason does not wish to appoint her, Respondents request that the person appointed be selected from among the pool of professional guardians either in this Circuit or in the Thirteenth Judicial Circuit."

Link to Ed's post, please? Since he incorrectly states that the Schindlers did not suggest a GAL (which the Schindlers DID request one) it would be important for someone to post a correction to that site. And also, please clarify with a link which indicates that there has ever been a diagnosis from prior to the collapse (or post collapse from a non-Schiavo source) regarding the bulimia.

I'm also curious as to your claim regarding Baden... do you have a link, proof or documentation as to your claim that he became angry regarding the Schindlers supposed knowledge of Terri's alleged bulimia? According to Pat Anderson on Greta

http://www.foxnews.com/story/0,2933,101589,00.html

the bulimia is "just a theory" - hardly an indication that the family "knew" about a FACTUAL, documented disorder.

We are all eager for inside news, and that documentation would certainly help build your case against the Schindlers...