Attorney General Says Bush Had Schiavo Case Wrong

CBS4 ^ | 4/20/06 | AP

[AZRepublican]

CBS4/AP) WEST PALM BEACH Gov. Jeb Bush erred when he entered the bitter fight over whether to keep brain-damaged Terri Schiavo alive because government should not be involved in end-of-life decisions, Attorney General Charlie Crist said Thursday.

"I am pro-life and I respect life," Crist, a Republican candidate for governor, said at a gathering of the nonpartisan Forum Club of the Palm Beaches.

"There are some decisions that ought to be left to God and family," Crist said. "Had I have been governor, I would have not done the same thing" as Bush.

Crist's Republican challenger, Chief Financial Officer Tom Gallagher, hedged a bit, noting the importance of having a living will, something Schiavo did not have.

"These kinds of end-of-life matters do not belong in government," Gallagher said. "But when these kinds of situations come in front of me, I would always err on the side of life. I think that's what you must do when you don't know anything else."

Schiavo was at the center of a 15-year legal fight between her husband, Michael Schiavo, and her family over whether she should be kept alive with a feeding tube after a brain injury.

Congress, President Bush and Gov. Bush pressed to keep Schiavo alive. Ultimately, the courts sided with Schiavo's husband. She died of dehydration on March 31, 2005, after having her feeding tube was removed.

The Republican gubernatorial candidates also addressed crime, the economy, prayer in public schools, the environment, and property taxes.

Crist, a former education commissioner now in his fourth year as attorney general, noted that violent crime in Florida is at a 34-year low.

Crist cited the importance of passing the "anti-murder" bill now working its way through the Legislature, a measure that would allow judges to put violent criminals back in jail if they violate probation. He has made the bill one of his top legislative priorities.

"When somebody is put on probation it is a privilege, it's not a right," Crist said. "This anti-murder bill will simply say ... that if they violate probation, they will go back to jail."

The bill is similar to legislation that failed last year when lawmakers questioned the high cost of keeping thousands of additional suspects in county jails pending trials.

Gallagher said he would make crime a top priority, specifically for child sex offenders.

"I will make sure we're the toughest state in the nation when it comes to punishing our sexual predators," Gallagher said. "The bottom line is if you touch kids, you'll pay."

Gallagher touted his fiscal superiority in managing state money, touching on the economy, taxes and the soaring cost of insurance.

"Florida's economy is an economic model. We lead in job creation. We're sitting with a 3 percent unemployment rate and our state is doing well because of that," he said, adding that the state needs property tax reforms to continue to prosper.

"I believe property tax should be limited to growth plus inflation," Gallagher said. "We are facing some major challenges and it's going to take somebody who understands those challenges to help carry us through."

Crist said the state needs "less taxing, less spending, less government and more freedom."

The candidates agreed when asked by high school senior Amie Bass, 17, what their thoughts were on prayer and Bible teachings in school.

"I don't have a problem with student-led prayer anywhere," Gallagher said. Crist noted that as a member of the state Senate, he voted for student prayer. Both agreed the Bible belongs in schools.

The candidates also agreed that protecting Florida's environment was important and that the nation needs to secure its borders and stop illegal immigration.

Finally, both agreed on the most important topic of the day when asked if forced to vote for a Democrat for governor, would it be for State Sen. Rod Smith of Gainesville or U.S. Rep. Jim Davis of Tampa.

"I wouldn't vote for either one of them because I think both of us are better," Crist said to applause. "And I guess I should add I'm going to vote for me."

"I agree with Charlie," Gallagher added. "Either one of us is better than both of them.

[HostileTerritory]

You do understand that people are not dogs

Indeed I do. But you're the one who said you wouldn't vote for Charlie Crist for dogcatcher based on your perception of his treatment of a person.

[EternalVigilance]

LOL...touche!

You'd be amazed how many posters here don't know the difference, seemingly.

[EternalVigilance]

I don't have time to dig for the old info, but my past study of this issue leads me to think Charlie Crist is as culpable as almost anybody down there for what happened to Terri.

Gotta run for now...

[Dante3]

Isn't Judge Greer legally blind?

[Dante3]

That is what has upset many people, including pro-choice people: Terri was denied due process. She never even had a lawyer. And then she was subjected to a barbaric death the likes we are not allowed to give to mad dogs or the worst of criminals.

[newzjunkey]

She had due process of law. Terri the individual was effectively dead. Those videos were staged by parents who were out for revenge because the husband wouldn't split the settlement money with them. Check the time line, it wasn't until then that they turned on him. The husband did all that could be done with medical science to try to improve Terri's state. Read the autopsy. There was no Terri left, just an empty shell with no hope.

She was allowed to expire and now truly at peace.

Since she was not in need of anything except artificial means of nutrition, I think there was arguably a moral fault with removing those means. It wouldn't matter if removing such nutrition been her written wish or not, the moral dilemma would still exist. The courts (and there were multiple involved) determined her wishes under the law despite interference, protestations, propaganda, etc. If anything, she got more due process than nearly any one in similar circumstance.

The husband did not murder. He may have killed, but it wasn't murder. The moral of the story is get yourself a living will if you want to avoid the potential becoming another case like Mrs. Schiavo.

[supercat]

That is what has upset many people, including pro-choice people: Terri was denied due process. She never even had a lawyer. And then she was subjected to a barbaric death the likes we are not allowed to give to mad dogs or the worst of criminals.

In talking to some people who think what happened to Terri was right and proper (except for her meddling parents dragging everything out), it seems there's a perception that Terri's supporters are engaging in unfair ad hominem attacks against Michael.

While it is true that Terri's supporters are greatly disparaging Michael's character, it needs to be pointed out that if Michael is a liar, there is no credible evidence of Terri's wishes (it's highly plausible that a liar would find relatives willing to perjure themselves). Those who support Terri's parents aren't trying to overrule Terri's wishes, but instead trying to uphold Terri's real wishes against the fake "wishes" invented by her murderous "husband".

[JWinNC]

Florida Constitution Article 1 Section 2 (highlight mine):

All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.

[newzjunkey]

Considering there was a long line of witnesses that said she was not pvs

There was not such a long line. There were hacks, sure. But not credible witnesses willing to say she was not PVS.

[AmericanChef]

If you see a murder taking place and you can do something to stop it, should you ignore it because you're part of the gubmint? I say no.

[supercat]

Terri the individual was effectively dead.

Michael claims that. The coroner noted that while severe brain damage was observed, only tests on a living patient could have determined her true condition. Note that technologies such as PET scans had advanced quite considerably since 1993, but Michael forbade their use. Why?

Check the time line, it wasn't until then that they turned on him.

First of all, Terri's parents paid the costs of Terri's rehab prior to the malpractice award. If they had sought repayment from it, I would not think it unreasonable.

More notably, Terri's parents turned on Michael because Michael started obstructing all therapy for Terri. Check the timing on that. Why do you suppose Michael would suddenly declare there's no hope for recovery, as soon as Terri's trust fund had money to see the doctors which had been earlier recommended but which Michael couldn't previously afford?

The courts (and there were multiple involved) determined her wishes under the law despite interference, protestations, propaganda, etc.

Michael went to court with his own testimony and that of his brother and other brother's sister. They were not subject to cross-examination. Because they were not effectively cross-examined at that time, it was forevermore impossible to legally challenge the findings of that court with regard to Terri's supposed wishes.

Had Michael et al. been subjected to effective cross-examination, it would have become quite apparent that the "wishes" in question were those of Michael Schiavo and George Felos, rather than those of Terri.

[Republican Wildcat]

"There are some decisions that ought to be left to God and family," Crist said.

Governor Bush was trying to let the family do just that - not a "husband" with a live-in girlfriend.

[bjs1779]

There was not such a long line. There were hacks, sure. But not credible witnesses willing to say she was not PVS.

Here is another affidavit the Judge Greer threw out.

.

William P. Cheshire Jr. - Mayo Clinic neurologist who 'observed' Terri after 5 days of dehydration.

From his affidavit:

“To enter the room of Terri Schiavo is nothing like entering the room of a patient who is comatose or brain-dead or in some neurological sense no longer there. … As I looked at Terri, and she gazed directly back at me, I asked myself whether, if I were her attending physician, I could in good conscience withdraw her feeding and hydration. No, I could not. I could not withdraw life support if I were asked. I could not withhold life-sustaining nutrition and hydration from this beautiful lady whose face brightens in the presence of others.” --3/23/2005

Cheshire

[bjs1779]

Those videos were staged by parents who were out for revenge because the husband wouldn't split the settlement money with them.

Sure, I see now.

[daivid]

Jeb Bush may have had it wrong in the Schiavo saga, but he was sincere on his beliefs.

Governor Bush saw it as right-to-life issue instead of a right-be-left-alone issue. Good people were represented on both sides of this issue.

[bjs1779]

Since she was not in need of anything except artificial means of nutrition, I think there was arguably a moral fault with removing those means.

The court order was 'shall remove nutrition and hydration.' That also meant 'orally' if anyone got any ideas. Did you follow the case close enough to understand that part of it?

[mission9]

I have always said that in the arena of the campaign, the candidates will reveal their heart. And then the people shall know. I have seen Tom Gallagher walk away from petty intra-party squabbles, even though a strong case could be made that it was in his interest to engage the partisans. Party unity meant more to him than that. Tom is not perfect, but he is for real.

www.tg2006.com

[thoughtomator]

Michael Schiavo and Scott Peterson are morally on the same level

Nonsense. Peterson had the decency to do it quickly.

[bjs1779]

Good people were represented on both sides of this issue.

That makes no sense. Greer would not allow any credible evidence that was positive for Terri. That is why he is speaking at the:

The Legacy of the Terri Schiavo Case:
Why is it so hard to die in America?
The University of Pennsylvania Center for Bioethics 10th Anniversary Symposium

Look over the names VERY carefully:

http://www.bioethics.upenn.edu/symposium

[daivid]

I speak from my experience. I know good people, conservative Christians, who disagreed on the Schiavo saga.

Some people saw it as a right-to-life issue. Others saw it as a right-to-be-left-alone issue.

Calling names to the legitimate opposition is not productive. Jeb Bush never did that, and that's why he's loved in this state.

Greer would not allow any credible evidence that was positive for Terri

I strongly disagree with that statement. Judge Greer was fair to both sides.