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Question for Legal Minds (Terri's case)

Posted on 03/28/2005 3:05:17 PM PST by 7thOF7th

I have a question for the qualified legal minds in the forum. The question is, if Terri Schiavo passes from a court imposed order, will this absolve or render immune from prosecution her husband if it is later found that he was responsible for her condition? Another question is, If she was to continue on the feeding tube but later succumbed to her injuries, would this be considered a homicide if it was found in an autopsy that her injuries were inflicted by her husband?


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To: 7thOF7th
letter I sent to Gonzo:

He has the power to issue an order, per request of White HOuse and Conress - but refuses to

letter I sent to Gonzo - (for contact to Him: http://www.usdoj.gov/contact-us.html and U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 andDepartment of Justice Main Switchboard - 202-514-2000 Office of the Attorney General - 202-353-1555 ************************* Alberto Gonzales, U. S. A. T. Dear sir: You are allowing a precedent of LEGAL MURDER to become the law of the land. Help me to understand. ? - your allowing the murder of Terri Shiva will NOT protect you ambitions for SCOTUS - it will sink it. People are slowly - but surely - beginning to understand where the hangup is. The only "evidence" that this woman didn't want to be kept alive this way is the questionable word of a conflicted, abusive husband-in-name-only and his own brother/sister in law. Others have testified she said the opposite when remarking on someone on life support (which she is Not - except by a law they conveniently passed to put a feeding tube on the 'artificial means" list, the better to murder her with) - by saying she tought it was wrong to 'pull the plug' saying "Where there is Life there is Hope." (Terri) Why is this being ingored? This one dubious hearsay statement by her adulterous husband, someone who has several self-serving reasons for wanting this innocent person dead - is the ONLY word that this murder is predicated on. What about even the fact the she has been imprisoned illegally in a Hospice - that, at the time, Felos was on the board of! - denied therapy (against the law, and even medical treatment for infections - Legal?) and all the rest that proves gross neglect of a 'guardian'. In addition, this "guardian" stands to profit from her death. It isn't that the 'family' agrees: her blood family want, at the least, her right to be tested - to have an MRI and PET, to look into the matter of ex rays that show a pattern of abuse, etc etc. If you allow this to finish this way, her blood is on your hands, too - and in the future, countless millions of "inconvenients" . Abortion rights was never meant to become the holocaust is has. This "legal murder" will become a genocide of the incapacitated too and you will have countless millions of deaths to think about - to think: "I could have stopped it." Either way = this will be your legacy. Who do you see when you look in the mirror?

21 posted on 03/28/2005 4:11:36 PM PST by maine-iac7 ("...BUT YOU CAN'T FOOL ALL OF THE PEOPLE ALL THE TIME." Lincoln)
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To: Dog Gone
In my hypothetical above where I shoved a guy off a skyscraper, even my encouragment to the rifle-owing resident to shoot all jumpers probably gets me off the hook if he's a good shot.

I don't think so. Since the shooter would be violating the law, your action in encouraging his violation when you had reason to believe it would cause someone's unlawful death would seem to fall under the felony murder rule.

22 posted on 03/28/2005 4:13:48 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: Dog Gone
It would be an interesting case, and I couldn't predict it's outcome. But from a purely legal analysis, unless Smith tricked the judge or bought his decision, it was the independent act of the judge, I think.

What if, hypothetically, it were proven that Mr. Smith knew Ms. Smith wasn't really PVS but sandbagged her diagnosis? Would that qualify as 'tricking the judge'?

23 posted on 03/28/2005 4:15:29 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: Dog Gone

That's a good question. Some of Terri's friends and co-workers said that Michael wasn't allowing her much time with them or her family. In one of the televsion reports it was said that she hated to disappoint her parents. An abuser's best friend is a victim who doesn't want to be a disappointment to anyone. She would be more likely to limit her visits to the telephone while any injuries were noticeable.


24 posted on 03/28/2005 4:19:42 PM PST by skr (May God bless those in harm's way and confound those who would do the harming)
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To: skr
That's a good question. Some of Terri's friends and co-workers said that Michael wasn't allowing her much time with them or her family. In one of the televsion reports it was said that she hated to disappoint her parents. An abuser's best friend is a victim who doesn't want to be a disappointment to anyone. She would be more likely to limit her visits to the telephone while any injuries were noticeable.

Consider also that abusers are almost always very keen to protect their victims' "privacy" (even if they blab about gynecological difficulties on national television).

25 posted on 03/28/2005 4:22:35 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: supercat
I don't think I agree, but maybe it's just the way I'm envisioning the total fact circumstances in my ridiculous hypothetical.

It's never going to come into play in Terrri's case. Michael has even agreed to an autopsy today. Why would he do that if he didn't have to, and was attempting to cover up evidence of abuse or even attempted murder?

While this is a sad, sad case and didn't have to turn out this way, I think we miss some of the lessons learned when we make it into something beyond what it is.

26 posted on 03/28/2005 4:34:36 PM PST by Dog Gone
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To: Dog Gone
It's never going to come into play in Terrri's case. Michael has even agreed to an autopsy today. Why would he do that if he didn't have to, and was attempting to cover up evidence of abuse or even attempted murder?

Perhaps he figures it'll be easier to ensure the autopsy comes out "properly" if he doesn't fight it. Or perhaps he figures if he agrees to the autopsy he'll be less well guarded when he sneaks Terri's body out to a crematorium. Kinda tough to predict the future.

27 posted on 03/28/2005 4:39:10 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: skr
I don't recall the details of the bone scan, but my impression was that it showed multiple fractures. That's not something you hide from friends and family. It's something you get treated for and lie about if you're in a co-dependent relationship.

Either that, or it's something you get when you're being moved around in a medical facility after you have no muscle tone to speak of and have a nurse who doesn't give a darn.

I think we'll all be interested in the autopsy report.

28 posted on 03/28/2005 4:40:56 PM PST by Dog Gone
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To: Dog Gone

I imagine bone factures could happen easily in someone whose body has become weak from inactivity.

And I imagine that feeding tubes may not give the quotient of calcium an active body can take in - which could lead to osteoporosis? (I know calcium taken artifically can lead to constipation, so it may not be given as a priority in a feeding tube etc). Could be multiple reasons cited for bone fractures - which would make any 'evidence' inconclusive.


29 posted on 03/28/2005 4:49:39 PM PST by Happygal (liberalism - a narrow tribal outlook largely founded on class prejudice)
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To: supercat

If you murdered me and had the right to prevent an autopsy and take the PR hit, which would you choose, especially since Michael can't have any worse PR than he already has?


30 posted on 03/28/2005 4:51:06 PM PST by Dog Gone
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To: Dog Gone
If you murdered me and had the right to prevent an autopsy and take the PR hit, which would you choose, especially since Michael can't have any worse PR than he already has?

Would depend how well my friends knew the ME.

31 posted on 03/28/2005 4:53:23 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: Dog Gone
All these broken bones that Terri supposedly had, which many at this forum accuse Michael of causing, seem to have a serious flaw. Even if he caused them, wouldn't someone have noticed them at the time?

As far as I recall, when Terri was taken to the hospital after the initial incident, she was examined and found to have no broken bones.

It was much later, when she was in long term care that she expressed pain when she was in physical therapy, and found to have fractures, one being a hairline fracture of the femur, which is an extremely strong bone and extremely hard to break. All of the information related to the femur fracture, and any other injuries, including the broken ribs, etc. is presently "under seal" by order of Judge Greer.

32 posted on 03/28/2005 4:57:06 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Judith Anne
I've broken my femur, and I can't imagine a scenario where I could have healed without medical treatment or managed to keep it secret from everyone.

There's not even a far-fetched explanation for that scenario.

33 posted on 03/28/2005 5:13:28 PM PST by Dog Gone
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To: Dog Gone

I didn't post to be contentious. The fact of a hairline fracture of Terri's femur, and other broken bones including some ribs, is not contested by anyone.

The records are now sealed. There is no way to find out anything about any internal facility investigation or external police investigation at all.

Yes, a femoral fracture is very painful. Even a hairline fracture is going to heal with bony callus formation visible on x-ray. To the best of my knowledge, there have been no x-rays of Terri in years.


34 posted on 03/28/2005 5:29:48 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Dog Gone
"It was much later, when she was in long term care that she expressed pain when she was in physical therapy, and found to have fractures, one being a hairline fracture of the femur, which is an extremely strong bone and extremely hard to break. All of the information related to the femur fracture, and any other injuries, including the broken ribs, etc. is presently "under seal" by order of Judge Greer."

I can't help wondering if Terri ever had a bone density scan. Osteoporosis is rare in young women, but I hear it happens. Still, one would expect a lot of other bones to crack before the femur.

I guess it's not too likely. Just a thought.

35 posted on 03/28/2005 5:30:14 PM PST by Moxie18
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To: Moxie18

She was still getting physical therapy at the time the fractures occurred, because PT reported her expressions of pain during the therapy and that's when the x-rays were done and whatever investigations occurred also.

Part of the rationale for PT is to maintain bone density, which also depends on the level of physical activity. People who are bedridden have less dense bones, regardless of age, than people who are active in whatever fashion. Weight-bearing exercises help maintain bone density.


36 posted on 03/28/2005 6:03:04 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Judith Anne
The baffling thing to me is that no recent tests about anything have been done in years. It's incredibly unlikely that Terri has improved, especially given no therapy, minimal stimulation, etc.

But we don't know that, and it wouldn't take more than a couple of weeks to determine it. I doubt it would have changed the diagnosis, but I'm certainly open to that. Why not look?

Why didn't her attorney's ask for that when Congress gave them the opportunity? The idiots BLEW it. And who shows up at the end, Larry Klayman! It doesn't get dumber than that.

37 posted on 03/28/2005 6:09:27 PM PST by Dog Gone
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To: walford

I've been married 40 yrs., but I doubt very, very seriously that I would marry again if anything happened to my husband or to the marriage due to circumstances beyond my control.


38 posted on 03/28/2005 6:18:21 PM PST by Twinkie
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To: Dog Gone

I agree. Many errors have been made.


39 posted on 03/28/2005 6:20:23 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Dog Gone

I just heard on H&C that when the family got records in 2002, they found the bone scan records from 1993, and the report of fractures, including the femoral fracture, a pelvic fracture, and rib fractures was included in those records.

The family said that those fractures were never investigated, and that on the scan reports, Terri was reported to be a trauma patient.

Awful lot of questions not being answered...


40 posted on 03/28/2005 6:29:26 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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