Governor Bush Asks to Delay Hearing in Terri's Law Case

LifeNews.com ^ | December 17, 2003 | Steven Ertelt

[nickcarraway]

Tallahassee, FL (LifeNews.com) -- Attorneys for Governor Jeb Bush on Wednesday asked for a delay in holding a hearing on the lawsuit filed by Terri Schiavo's estranged husband Michael against Terri's Law. Michael is seeking to overturn the law that allowed Bush to save Terri's life and remove her feeding tube for a third time.

Circuit Judge Douglas Baird had scheduled a hearing on Friday regarding Michael's request for summary judgment.

However Ken Conner, a pro-life attorney who is Bush's lead counsel, says he needs more time for discovery to be able to adequately represent the Florida governor.

Since the lawsuit against Terri's Law was filed, George Felos, the assisted suicide advocate who is Michael's attorney, has said he thought Bush was dragging his feet and purposefully delaying the lawsuit from moving forward. Felos is receiving legal help from the ACLU.

Whether Baird delays the hearing or not, both Governor Bush and Terri's family hope Baird will call for a full trial rather than issue a summary judgment decision. Conner said Bush wants to determine whether Terri would have wanted lifesaving medical treatment.

"Because Terri's life hangs in the balance, we hope the case will receive a full and impartial hearing," Pat Anderson, attorney for Terri's parents, added.

Last week, a Florida state appeals court declined to remove Baird from overseeing the lawsuit, though Conner said Baird would likely be biased against the law.

Conner, the former president of both the Family Research Council and Florida Right to Life, said Baird had already made up his mind about it without a hearing or trial and before Bush could present his side of the case.

Baird had previously said Terri's Law was "presumptively unconstitutional" and that it denied Terri's "constitutional right to privacy."

Like Governor Bush, Anderson was worried that Baird would be too biased to adjudicate the case.

"We are hopeful that Judge Baird has not prejudged the issues, even though his written order ... seems to say otherwise," Anderson said.

"The implications of this case reach beyond the life and death of the young woman in this heart wrenching tragedy," Bush said in a previous statement.

"The law ensures Floridians who cannot speak for themselves will have an independent, neutral representative to advocate for their interests and wishes. If we abandon the law, we accept a dangerous precedent with the power to erode the rights of self-determination of people with disabilities.”

Related web sites:

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

[nickcarraway]

ping

[mickie]

Thanks Nick, for posting this article.
I pray that the request for more time is granted.

[Mr. Silverback]

ProLife Ping!

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

[Coleus]

*NEW* Petition to Governor Jeb
Bush to Remove Michael Schiavo as Terri's Guardian
And Open a Full Criminal Investigation.

Sign Conservative Petitions.com Here

 

ReadCatholic Petitions.com Anyone Can Sign CatholicPetitions.com Here
Sign Friends of Terri.org Petition

Today's Update

Terri's Birthday is December 3rd. People have asked how they may participate. Find out here!

WHAT'S NEW,
Our Help is Needed in Florida
The St. Pete Times Misrepresenting Terri's Case!
Action Items

Family attorney, Patricia Anderson speaks to Glenn Beck about this case.

Terri's Law Who is Terri Schiavo?

On Atheistic CommunismDIVINI REDEMPTORIS
ENCYCLICAL OF POPE PIUS XI
ON ATHEISTIC COMMUNISM MARCH 19, 1937
Read # 27

[pollywog]

Thanks for the info. Now lets pray that they will get the delay they need.

[Donna Lee Nardo]

Praying.......

[Pegita]

Joining our FReeper family in prayer ...

Heavenly Father, we return to give You thanks that those who go into the courts of law on Terri's behalf, go with convictions of the sanctity of life. We praise You as the Creator of Life ... we thank You for Terri's life and ask, O God, that You would proclaim Your lordship over all life, and may this proclamation be made in the courts where men of law say that You cannot go.

We continually seek that one judge who will render justice for this mother's child ... we praise You for the commitment of Terri's legal team who do not weary in appearing again and again. Work in the hearts of those who side with the merchants of death ... may they repent, dear Lord, or may they be swept away, for they hinder just rule. Sustain and encourage Terri until the day of her return to the loving care of her parents ... let no harm come near them. Bring to light all evil that has been done or is being planned ... grant the people wisdom by the Power of the Holy Spirit, that they might see the evil set before them. May they be repulsed, and may they reject man setting himself as God, for in Your hand is the life of every living thing and the breath of all mankind.

To You be all glory and praise, now and forevermore ... Amen ...

[pc93]

Terri Schindler Life Ribbon Campaign

[pc93]

This is from Gordon Watts:

Here's a "Teaser" to my Health/Diet Research"

"Mettlin and Piver (1) recently reported that increased risk for ovarian cancer associated with [happening together with] milk consumption was confined to ...

"Because there is clinical and experimental evidence that galactose may be toxic to ovarian germ cells...

"This was a 12-year prospective study among 77 761 women... In our cohort [group], women consuming greater amounts of calcium from dairy foods had modest but significantly increased risks of hip fracture while no increase ...

Table of contents
I. Why regular table sugar is better than the "diet" sweetener * NutraSweet * in most cases
II. Why Soy and Rice "Milk Substitutes" are better than * Cows' Milk * in most cases
III. New Research on * ~~~ STRESS ~~~ * ~*~
IV. Why eating * too many calories * can reduce your life span
Two studies: reducing caloric intake caused rats & mice to live at least 30% longer than usual and worms to live about nineteen! (yes, 19 !!!) times as long as usual. Details below.
V. What the * Holy Bible * has to say about eating meat and drinking milk
VI. What is Food Combining?
VII. My guess at the * Top 20 * HEALTH Risks (things to avoid)

The research I've done on milk, meat, and other little-known stuff - while I was a double major up at The Florida State University:

http://www.GeoCities.com/Gordon_Watts32313/consumer.html or

http://Gordon_Watts.Tripod.com/consumer.html

I misquoted the law in my e-note to you: the correct citation is s. 744.3215(1)(i), see below...

Notes to self: The top section is mainly "Stuff I left ouf of my lawsuits / petitions/" The bottom section is stuff that Governor's legal team is being asked to do ... some of the Quotes of Law may be duplicitave / Repetitive, but this "Petition to the Governor" had some stuff I missed altogether, especially the Federal stuff:

With respect to Terri Schiavo' s inability to be protected by *current* euthanasia law, I filed an Amicus defending "Terri's Law" and also petitions for writs to enforce the current law (not Terri's Law).

http://HomeTown.AOL.com/Gww1210 or http://GeoCities.com/Gordon_Watts32313

Wish List For Fla. Leaders:
* Order a DCF investigation (abuse of disabled individual s. 415.104(1), Florida Statutes)

* Order and FDLE investigation - failure of city police to prevent violation of mercy-killing laws, s. 765.309(1) ; 782.051

* Notes: s. 782.07(2) and s. 825.102(3) say something important about neglect and possible manslaughter charges. I looked them up, and they applied to Terri Schiavo condition, but I forget the exact language. From http://www.fdle.state.fl.us/OGC/Legal_Bulletins/lb9903_10-14.html I find:

Neglect Of Disabled Person - Constitutionality
The 4th DCA affirmed a defendant's conviction for neglect of a disabled person, rejecting constitutional challenges to the underlying statute.
The defendant's conviction for neglect arose from the death of her mother. On appeal, the defendant challenged the constitutionality of sections 782.07(2) and 825.102(3) on the grounds that the statutes lacked a specific intent requirement, are unconstitutionally vague and violated her mother's right to privacy in refusing medical treatment. Affirming the defendant's conviction, the DCA found it within the Legislature's power to dispense with the intent element and said the statutes are not vague because the defendant's conduct fell squarely within the conduct proscribed by the statutes. As to the defendant's argument regarding her mother's right to refuse medical treatment, the DCA said "constitutional rights are personal in nature and generally may not be asserted vicariously." [Sieniarecki vs. State, 724 So.2d 626 (4th DCA 1998)]

* Order an investigation by local City of Pinellas Park Police Department and prosecuted by State Attorney's Office (Bernie McCabe, Pinellas County's State Attorney) - Michael Schiavo should have been prosecuted by his local police for violoation of Chapter 798 -Adultury/Fornication sex crime statues, still current law. (s. 798.01 and 798.02 haven't been enforced in years, but should be to reduce veneral deiseased and domesticc violence, as the other "sex crimes" statutes are enforce.)

* (An appeal angle) The courts oversteeped their boundries by not allowing mandatory rehab, s. 744.3215(1)(-i-), Fla. Stats., thus asking for a Writ of Prohibition.

* Equal Protection: Terri did not receive special protection: The law could, theroetically, have applied to anyone in these circumstances.

* Ask the Fla. legislature to pass a resolution condemning the above parties for failing to follow the law -if they have backbone -your voice would be appreciated too, and you may follow my suggestions to the letter, if you like)

* Other things for which Michael Schaivo and hospice workers could get prosecuted are contained in my Court Briefs, posted online.

* Of note: s. 765.101(12) defines "Persistive Vegitative State" totally differently than what Terri Schiavo is, but even if she is "PVS," mercy-killing is prohibited per my suit.

* s. 765.101(10) Defines life prolonging proceedures, but it does not mean regular food and water.

* PS: Look up these laws at say, http://flsenate.gov/statutes -at, the public library, a law library, or another online source.

* Also, the examples of many others who have been eitehr (1) Misdaignosed as "PVS" - or (2) healed up, should also be considered. (If Terri Schiavo is to be put to death, do it humanely, but evil is not humane is it? -- If she IS PVS, then letting her live won't put her through any pain - if she is NOT "PVS," then she will feel pain -and fear -by being starved to death, which is "cruel and unusual" punishment for a criminal -and worse for her -and, certainly a violation of laws which prohibit discrimination based on disabilities, but I think the "criminal" argument is the better of the two - the "take home message.")

***

Petition to Governor Jeb Bush to Remove Michael Schiavo as Terri's Guardian
And Open a Full Criminal Investigation.

Dear Governor Bush:
Thank you for implementing Terri's Law and your ongoing support for her right to life. In light of the evidence in this case, we believe your actions were both heroic and necessary. In light of the evidence of criminal action by her husband, we respectfully request that you immediately commence proceedings to remove Micahel Schiavo as Terri's legal guardian and open a criminal investigation based on the following:

1) Bone scans and medical records from 1990 indicate severe trauma, numerous broken bones; no criminal investigation has ever been conducted. A review of these records by top US Forensic Pathologist Michael Baden concluded that a criminal investigation should be conducted

2) Michael Schiavo defrauded the courts by promising to care for Terri for the rest of his life and then used the jury awarded $700 thousand specifically designated for Terri's rehabilitation for his own personal gain and to end Terri's life. This also violates Fl Statute. 825.103 "Exploitation of an elderly person or disabled adult" which prohibits the misuse of a disabled person's funds by the guardian.

3) Further, Section (2)(a) states that If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

4)The Americans with Disabilities Act (ADA), 42 U.S.C. Sections 12101 provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America.

5) Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual."

6)Failure to Discharge His Duties under FS § 744.474 (2) requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible.

7)The initial move to Hospice was done in violation of the annual plan and without court permission in violation of FS § 744.3215(4)].

8) Terri has the right to receive visitors and communicate with others. FS § 744.3215

9) Terri has the right to receive "palliative care" which is the comprehensive management of the physical, psychological, social, spiritual, and existential needs of the patient. FS. § 765.102.

10) In 1990, Michael took Terri to San Francisco for experimental medical treatment, without the necessary prior approval of the Court. FS. § 744.3215(4).

11) The guardian is required by law to prepare and present an annual plan. FS § 744.3675.Repeatedly, the annual plans have been filed late or not at all

12) In his annual reports, Schiavo has failed to prepare and present any plan for the provision of medical, mental health, and rehabilitative services in the coming year as required by FS §744.3675 (1)(b)(3)

13) The Adult Protective Services Act (Chapter 415 of the Florida Statutes) affords protection to disabled persons from abuse, neglect and exploitation

14) Fla. Stat. § 415. 102(1)(2002). Schiavo’s isolation of Terri and refusal to provide adequate physician attention, rehabilitative services, dental care and other medical services constitutes abuse under the Adult Protective Services Act as well as the guardianship statutes.

15) Schiavo’s decision to hold Terri at Hospice after it was clear that she was not "terminal" within Medicare guidelines was an improper use of the ward’s assets. In order to receive federal payment for hospice care, the facility must obtain a certification from the attending physician within two calendar days of initial admission that the patient’s "prognosis is for a life expectancy of 6 months or less if the terminal illness runs its normal course." 42 C.F.R. § 418.22 (2001) Terri has been in Hospice 3 years.

Governor Bush, the Florida courts, DCF and Adult Protective Services have failed to do their job of protecting Terri's rights. Please exercise your executive power to remove Michael Schiavo as Terri's legal guardian at once, appointing her as a ward of the State under your care and demand a full investigation through every possible legal authority, including Federal Investigative Assistance if necessary. Thank you.


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[T'wit]

>> The law ensures Floridians who cannot speak for themselves will have an independent, neutral representative...

The one Terri got was far from neutral. On almost every point, he simply joined the Felos-Greer-Baird cabal who are bent on killing a helpless, innocent woman.

[Future Useless Eater]

From "Terri Big Eyes" video available at www.terrisfight.org

Terri starts out apparently asleep. A doctor wakes her to start his tests.

Doctor: Terri. Open your eyes up...

Terri: (Startled at hearing her name. She starts moving her mouth and fluttering her eyes, like a person who is just waking up)

Doctor: Open your eyes, Terri open your eyes

Terri: (slowly at first, Terri struggles to open her eyes, then turns toward the doctor, and opens her eyes a normal amount)

Doctor: There you go, good.

Terri: (then, either to show off(?) or wanting to perform well, she leans further forward toward the doctor, looks straight at him and opens her eyes a WIDE AS SHE CAN. Note the WRINKLES ACROSS HER FOREHEAD caused by her also RAISING HER EYEBROWS as high as possible )

Doctor: [now obviously impressed] GOOD!! GOOD JOB! GOOD JOB YOUNG LADY! Good Job.

[Future Useless Eater]

Hey y'all, checkout the photos of Terri (and transcript) I put here at post#12

How in the world can the death monsters claim she is vegetative???

[JustPiper]

Because they ARE monsters Engineer ;(

[Future Useless Eater]

      "Where there's life, there's hope."
      -Terri Schiavo ( arguing with her best friend Diane Meyer ) angrily PROMOTING LIFE FOR the comatose
-Kate Adamson ( former vegetative patient nearly starved to death ) "Its VERY painful... Its SHEER torture!"
-photos and transcript ( of Terri opening her eyes VERY WIDE on command )
-Michael Schiavo (teaching Terri she can NEVER DIVORCE him) minutes before her 'collapse'
-Michael's 1993 girlfriend ("he can be the most INCREDIBLY MEAN person!")
-link to latest TV coverage/interviews           Contact FoxNews

[shhrubbery!]

Good job posting those frames!

I still don't understand how Baird can be allowed to sit on this case, when he has already publicly pre-judged Terri's law to be 'unconstitutional.'

[Humidston]

Thank you, FL_engineer. That dear lady needs to go home with her Mom and Dad and be surrounded with love.

[cyn]

Amen! That covers it so well, thanks.

[cyn]

Thanks for that excellent post (pictures are so valuable) and your transcript -- especially as you underscore the extreme effort Terri makes in responding to the directive:

"Terri: (then, either to show off(?) or wanting to perform well, she leans further forward toward the doctor, looks straight at him and opens her eyes a WIDE AS SHE CAN. Note the WRINKLES ACROSS HER FOREHEAD caused by her also RAISING HER EYEBROWS as high as possible )

Doctor: [now obviously impressed] GOOD!! GOOD JOB! GOOD JOB YOUNG LADY! Good Job. "

GREAT -- I know that has been posted at Terrisfight, but you are giving it new life and importance. May many more people see those pictures, here, on other websites, in court (dare we hope?), on FoxNews/CNN, on the streets of St. Petersburg.

God bless you, and Terri, and all working for good in her situation. Continued prayers for Terri and us all.

[cyn]

Another wonderful feature now is that "See Replies". Good to see replies and to sort through info, sure, but ALSO to duplicate the original post, which prints out nicely at the top of its own page. Ta-daa, there's Terri & the transcript right there, no more having to guess which page a given post might be on, heehee!

:o) -- Yep, I'm impressed, and so grateful for these tools. Thank you. Happy holidays to you & yours -- take care!