Michael Schiavo Again Seeks to Block New Information About Terri

LifeNews.com ^ | November 28, 2003 | Steven Ertelt

[nickcarraway]

Pinellas Park, FL (LifeNews.com) -- On Tuesday, attorneys for Terri Schiavo's estranged husband Michael, filed a legal motion seeking to deny attorneys for Governor Jeb Bush the opportunity to depose witnesses. Bush's attorneys hope to obtain new and expanded information that can be used in a trial opposing Michael's lawsuit to overturn Terri's Law.

George Felos, the assisted suicide advocate who is Michael's lead attorney, and attorneys for the ACLU asked Circuit Court Judge Douglas Baird to disallow Bush's attorneys from taking depositions from seven people.

Michael Schiavo and Jodi Centonze, the woman with whom he lives and has one child and another one the way, are two of the people Bush attorneys want to question.

Felos claims the testimony would be irrelevant and that Judge Baird should only decide whether Terri's Law is constitutional and not reexamine the facts of the case.

Bush's attorneys hope to gain better insight into whether Michael's claims that Terri would not want to be kept alive are true.

Terri left no advanced directive indicating her preference for medical treatment. Michael claimed years after Terri's collapse that he vaguely remembered Terri saying she didn't want to be kept alive artificially.

However, a longtime friend of Terri vividly remembers a conversation they had concerning a woman who had been in a coma for six years. Terri's friend told a crude joke. It upset Terri and she responded by asking whether the doctors and lawyers could possible know what the woman wanted and said, "Where there's life, there's hope."

Judge Baird has been accused of being biased in the case by already saying Terri's Law is possibly unconstitutional, despite Bush not having yet made his case for it. He has refused to step down from the case.

Michael's attorneys have asked Baird to deny hearings and an ultimate trial and instead issue an summary judgment opinion. A December hearing date on the request has been set for mid-December.

This is the second time Michael has attempted to block depositions.

A judge previously rejected an attempt to block the discovery of new information that could be used to replace Michael as Terri's guardian. Terri's parents, Bob and Mary Schindler, hope new information can be gathered to prove whether or not Terri was a victim of physical abuse that led to her collapse.

They want Terri's brother Bob Schindler, Jr., replace Michael as her guardian.

The Schindlers are hoping to uncover new information pointing to the need to change guardianship -- including questioning the radiologist who conducted a bone scan on Terri in March 1991 that showed she was possibly a victim of physical abuse.

Felos claims Bush is attempting to intervene in the guardianship lawsuit by deposing witnesses in the lawsuit regarding Terri's Law.

Related web sites:

Terri's family - http://www.terrisfight.org

[nickcarraway]

ping

[steplock]

Since when did CRIMINAL suspects have the right to STOP and investigation?

I know - he is not considered a criminal suspect - LEGALLY - but by what right is he claiming that the police cannot investigate a POSSIBLE criminal matter? I've never heard of blocking an investigator from TALKING to possible witnesses??!!??

[Darksheare]

Makes me wonder what happened to the equal access under the law?
Criminal defenses use it to force police to release papers and anything that might free their clients.

[samtheman]

attorneys for the ACLU asked Circuit Court Judge Douglas Baird to disallow Bush's attorneys from taking depositions from seven people

The ACLU has just discovered a new right that desperately needs their protection: the right to murder your wife without government interference.

[Salvation]

**Michael Schiavo and Jodi Centonze, the woman with whom he lives and has one child and another one the way, are two of the people Bush attorneys want to question.**

Oh, this will be fun to watch!

[TheOtherOne]

I know - he is not considered a criminal suspect - LEGALLY - but by what right is he claiming that the police cannot investigate a POSSIBLE criminal matter? I've never heard of blocking an investigator from TALKING to possible witnesses??!!??

Huh? The issue is depositions by attorneys.

[nickcarraway]

I actually believe she gave birth to the child on October 31.

[TheSpottedOwl]

Since when did CRIMINAL suspects have the right to STOP and investigation?

I know - he is not considered a criminal suspect - LEGALLY - but by what right is he claiming that the police cannot investigate a POSSIBLE criminal matter? I've never heard of blocking an investigator from TALKING to possible witnesses??!!??

If anyone still thinks that you can get justice from the court system, this should wake them up. This is not only biased, but illegal imo. What the heck is going on?

[sweetliberty]

"Since when did CRIMINAL suspects have the right to STOP and investigation?"

Florida is so totally screwed up. The person who should be most suspect, not only isn't officially a suspect of anything, although his behavior is highly suspect by even the most conservative of definitions, and yet he is put in the position of making a death sentence decision on purely hearsay "evidence," with the blessing of the Florida kangaroo circus court, on behalf of a woman who has committed no crime (unless refusal to die is a crime in Florida now), when a serial killer on death row would have been afforded better treatment than Terri Schiavo Schindler. It is a sick and twisted world we live in.

[headsonpikes]

Ever the charmer, this Michael creature!

[Dante3]

It's obvious that Schiavo and his mistress are scared of what might be uncovered. The corruption in Florida is unbelievable -- makes one reconsider wanting to go there.

[msmagoo]

MS and Felos are not on solid legal ground, they are just playing for time. Bush cites numerous authorities for discovery, and questions of constitutionality being a mixture of fact and law in his Response, Nov. 19, pg 10.

Felos does not lay out strong legal authorities for disallowing discovery in his Motion for Protective Order.

Historically the ACLU is on Bush's side in this mini-battle. Defendants are allowed discovery in order to present a defense. MS sued Bush and Bush is allowed to determine the facts of the case in order to present a defense.

Also, Bush's Executive Order calls for a GAL to be appointed in circumstances such as Terri's when the potential for "abuse, exploitation and mistake" is high - therefore Bush may seek discovery to determine if those circumstances apply to Terri.

If MS has nothing to hide, what's he afraid of? I thought he would be eager to introduce evidence to show how honorably he has acted as Terri's husband and guardian!? (/sarcasm)

The main thing is, MS is not on trial here, though he and Felos behave as if he is. Gov. Bush is simply trying to find out who said what, and if that hearsay evidence is sufficient to meet the 'clear and convincing' standard, IMO. The fact that there is disagreement within the family suggests that there are conflicting statements. MS himself said one thing before the malpractice award and another thing afterwards. Others said MS told them he had "no idea" what Terri would have wanted. These statements need to be examined and possibly put before a jury.

Terri's life, if taken in error, cannot be returned to her. Greer made no allowance for the possibility of error in his rulings. He disregarded important evidence which suggests that Terri's alleged wish to die does not meet the standard of 'clear and convincing.'

[jimkress]

Terri left no advanced directive indicating her preference for medical treatment.

That should be the end of the story. If she left no specific directive requiring the removal of medical treatment then no treatment should be removed, period.

Judge Baird has been accused of being biased in the case

This evil person has made it clear he is totally biased in this case. Why hasn't the family gone to the Judicial Tenure Commission (or FL equivalent) and started proceedings to have him removed from the bench?

[mickie]

Bump.....for the good guys!

[Mr. Silverback]

ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

[msmagoo]

Legal fireworks expected shortly!

It will be interesting to see which way Baird rules. He's leaving himself open for more allegations of bias if he rules against Bush. Bush was never a party to the previous Schindler/Schiavo proceedings, so he is entitled to request discovery as a defendant in this lawsuit.

[Dante3]

There is something dreadfully wrong with some of Florida's judges. Blackmail, pay-off, and/or mental incompetence comes to mind.

[sport]

That probably be right in most cases, but you are talking Pinellas County.

It appears that the courts amd law enforcement are in michael's back pocket.

[sport]

Actually, samtheman, it is for the government to assist you in murdering your wife.

If at first you don't succeed, get yourself a shyster lawyer, crooked judge, and the alcu.