Posted on 03/25/2013 5:13:32 PM PDT by Morgana
As Holy Week begins and we reflect on the passion of Jesus Christ, it is especially appropriate to remember another person who eight years ago at this time was subjected to a tortuous, brutal and heinous death – one whose anniversary falls this year on Easter Sunday: Terri Schindler-Schiavo.
And just as the Church now ushers in our new Pope Francis, I am reminded how two days after Terri’s death we also lost our Holy Father. As Pope John Paul II lay dying at the Vatican his aides would later tell the Schindlers that when he learned of Terri’s death, it was “the final blow to his broken heart.”
For most pro-lifers following Terri’s case of “legal” murder by her estranged husband Michael and his right-to-die advocate attorney George Felos, the verdict was a haunting reminder of the “lawful” murder of millions of our innocent preborn. In fact, many began calling it the Roe v. Wade of euthanasia.
But in Roe v. Wade few remember that it was actually a legal precedent in Griswold v. Connecticut (1965) that set the stage for current abortion laws. In Griswold, the Supreme Court ruled that the denial of contraceptives was unconstitutional under an alleged “right of privacy.” Who would have thought that Griswold, combined with a later alarming Florida legal precedent, would predetermine Terri’s fate?
In 1986, Estelle Browning, an 86-year-old woman, suffered a stroke that left her severely brain-damaged. Unable to swallow, a feeding tube was inserted by attending physicians. Browning, however, had a written advance directive, stating she didn’t want artificial sustenance if she became terminally ill. In 1987, the court denied her cousin’s petition to remove the tube, basing its decision on Florida’s Life-Prolonging Procedures Act, which allowed patients to refuse medical treatment only under specific circumstances. Browning, the judge ruled, did not qualify.
After Browning’s natural death in 1990 the Second District Court of Appeals overturned this decision based on the “right to privacy,” and the Florida Supreme Court upheld the ruling. According to Justice Rosemary Barkett, who wrote for the 6-1 majority, “The right to privacy and freedom from intrusion into one’s own body is rooted in our nation’s philosophical and political heritage.”
In absence of written directives, the evidence of a patient’s wishes could also be determined solely by the guardian, which is called “substituted judgment.” This “judgment” is supposedly not what the guardian wishes, but what the patient (allegedly) desires. The only necessary qualifier would be “clear and convincing evidence” as simple as an oral statement, claiming that the person would not want to live. Once this is satisfied, the Court ruled, the State can not override the so-called “right to privacy.”
Ten years later, this “clear and convincing evidence” became the entire focus of Terri Schiavo’s case. However, the testimonies given from both the Schiavo and Schindler witnesses were contradicting hearsay, leaving Judge George Greer as the sole and final arbitrator of whom he chose to believe.
Media reports claimed that at least 19 other judges had reviewed the case, but in reality not one other judge heard any testimony whatsoever. The Courts simply rubber-stamped a legal decision, not an evidentiary one. In their view, Greer had acted in accord with the letter of the law, despite that the “clear and convincing” evidence was simple hearsay. The appellate courts only had to ensure that the law was followed—not that the evidence was credible—because hearsay is subject to opinion, not legalese.
During Terri’s final weeks, as the State Department of Children and Families attempted to take Terri into protective custody, attorney George Felos reminded Judge Greer of a startling fact: Even if Michael himself suddenly decided not to remove Terri’s feeding tube, it still had to be done, because the court had determined by “clear and convincing evidence” that this was Terri’s wish.
More appalling was Greer’s reaction to the Schindlers requests for swallowing tests for Terri as he angrily thundered, “I don’t want anybody putting anything into that girl’s mouth!” Horrifically, this statement would later be used to deny Terri the right to receive Holy Communion. However, food and water given orally is not considered medical care even by Florida’s weak definition.
In addition, sustenance provided artificially or naturally cannot be denied to a disabled person under the Americans with Disabilities Act. It 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.”
But because the Federal Court refused to hear simultaneous lawsuits brought by 26 disability groups decrying these and other violations, Greer’s ruling stood unchallenged. Not only had Terri’s nurses testified that they had fed Terri gelatin and pudding in the past, but Terri also easily swallowed the average one-liter output of saliva healthy people consume daily. That Greer would not allow oral feeding, swallowing tests or therapy simply codified his own intent to mandate Terri’s execution.
The second determination for ordering Terri’s feeding tube removal was the claim that she was in an irreversible persistent vegetative state (PVS) with no hope for recovery. Two of Michael’s and one state-appointed neurologist testified that Terri was in a PVS, completely contradicting 16 other medical professionals who attested she was not.
Judge Greer later admitted he didn’t bother reading any of those statements because he simply didn’t find them credible. Never mind that one of Michael’s witnesses, Dr. Ronald Cranford is an advocate for “End-of-Life Choices,” a group promoting euthanasia. Or that the court appointed witness, Cleveland neurologist Peter Bambikidis, a colleague of Felos, spent only 30 minutes examining Terri. In truth, Greer’s mind was set.
During subsequent hearings in early 2005, 33 others – including 14 physicians (6 who are neurologists) submitted testimony declaring Terri had been misdiagnosed, while none were submitted by Felos to contradict their findings. Again, Judge Greer refused to consider the growing and glaring evidence. Consider what neurologist Dr. James Gabel, M.D., M.S., F.A.H.A, reported:
“Terri Schiavo is not in a persistent vegetative state. The parts of Terri Schiavo’s brain which would allow her to perceive pain, her thalami, were clearly intact and visible on her CT scan images shown by her own husband, Michael Schiavo, on national television. The parts of Terri Schiavo’s brain, which would allow her to swallow on her own, were also intact, and, in fact, she did not suffer from medically significant dysphagia (swallowing difficulty). If she had, she would have been dead long ago from a condition known as aspiration pneumonia, an infection in the lungs which is the result of inhaling one’s own saliva.”
In short, Terri was not dying. She was not suffering or receiving any type of life support. She was simply disabled and unable to feed herself.
Terri could have been fed orally and by law she should have been. Granted, she might have needed swallowing therapy to stimulate the muscles in her throat that had not been used for many years, but this would have been a relatively short and simple treatment. Yet Judge Greer refused to even consider it, incredibly noting that “Terri might aspirate food into her lungs and die a cruel and painful death.”
The day before the scheduled removal of Terri’s feeding tube on March 18, 2005, the Senate Health Committee and the House Government Reform Committee issued congressional subpoenas requiring both Michael and Terri to appear before Congress for a March 28 hearing. That morning, while Hospice was being served with Congressional letters instructing them not to remove Terri’s feeding tube, Attorney Barbara Weller and Terri’s sister Suzanne were happily explaining the upcoming trip to an elated Terri. But unbeknownst to them, the opposition was quickly moving to seek Greer’s intervention. As the 2:00 PM deadline approached, Greer made an unprecedented ruling to ignore the Federal subpoenas and ordered Hospice to proceed with the tube removal according to the court mandate.
This would be the first instance of Congress’ utter failure to legally preserve Terri’s life. It is a federal crime to obstruct or prevent such witnesses from appearing and while members of Congress appeared outraged and threatened to charge Greer with Contempt of Congress, they did nothing to enforce the subpoena, nor did they punish Greer for his judicial misconduct.
In the final week before Terri’s death, Congress passed legislation that was immediately signed into law by President Bush requiring the Federal Court to do a “de-novo” review of the entire case. Yet once more, they did nothing to enforce the very legislation they passed.
Clearly, Judge Greer violated several Federal Laws and stretched the interpretation of Florida statutes as well. But in the end, it would be the appalling court precedent of Estelle Browning’s case that allowed him to do so. In truth, one relatively insignificant district judge usurped the authority of the State Legislature, the State Executive office, Congress and the President of the United States. He succeeded in condemning an innocent woman to death for no other “crime” than that of being disabled.
Eight years ago this might have been simply viewed as “the perfect storm”. Timing is everything, they say. But frighteningly enough with Obama-care looming, it is now an inevitable “climate change” – a mere glimpse of the government-mandated “futile care policies” descending upon us.
Without question, such laws, the courts, and tyrannical authority must be stopped. For if our society becomes one that judges on the basis of a “quality of life” ethic, that society will selfishly seek any means to rid itself of any imperfections or burdens—at any cost. In the words of Clemens Von Galen, the Bishop of Munster, Germany, who fought fiercely against Hitler’s euthanasia policies in 1939, “Once we admit the right to kill unproductive persons, then none of us can be sure of our own life.”
No better time than this week to reflect – Terri – we will never forget!
It is not just with people, some cannot tolerate anyone or anything that has a flaw. I have a pony that I rescued; she is missing one eye (Vet removed and sewed up opening) and several people have told me they couldn’t stand to look at her...ok, well she is a sweetheart and she was starving and removed from abusive owners. I am happy to look at her and care for her. I would rather have her around than many people I have met.
Oh yes, there was more than enough reason for the courts to remove him from being responsible for her medical decisions.
Free Republic is pro-life. Did you know if you express culture of death views, you could be permabanned or zotted? Just sayin’.
The Coast Guard copter that was scheduled to pick up Terri and take her to an undisclosed location was CANCELLED BY ALBERTO GONZALEZ. The Coast Guard person was Capt. Mark Reynolds (look him up.)
Terri helicopter was cancelled by Mr. Skull and Bones, George W. Bush.
He is totally out of the spotlight. Even if he beat up his current wife, we'd never know about it cuz the SA ATTORNEY, all the judges and the GOP have his back forever. He must have some pretty significant blackmail material on the GOP...
Minutes after Terri died, Laura Bush was on a plane to Afghanistan to promote a program for women’s rights. THE BIGGEST HYPOCRITES IN THE WORLD AND THEIR NAMES ARE BUSH.
The judge did retire and that he’s so afraid he’s going to be gunned down that he spent his last years as a judge with his desk faced to the door v. the beautiful view of the harbor. It’s not what’s on earth that’s going to get George Greer. He was a ruthless killer among killers. The good folks were outnumbered. People are getting murdered left and right here since 2005. The area is known as Death Central. Most of our tourists are from the UK. They aren’t phased or disturbed too much by killing people. Party on.
Yep! And at that point I knew that none of the Bushes had any guts whatsoever! If Clinton could get away with rape and sexually molesting an employee, then why couldn't George W. kick some ass, go in with military, grab the poor starving soul, and get her the fat hell out of her tomb? Would've been good TV and also good for the American being starved by Americans.
The cancellation of the copter by Pres Bush is what sealed Terri's fate. President Bush was Terri's last killer. She had many killers - many GOP rinos who to this day say they are pro-life killed her. I remember their names. MURDERERS ALL.
There is individual progress on guardianships. This began as a guardianship problem.
Many Terri supporters are deceased too. It took a toll seeing probably the first real exercise by homeland security to put down the American people. It was the first test of their ability to put us down. While they were killing Terri, we said, The country is over. Sometimes, fighting only delivers diminishing returns.
Tourism went down for about five years. Now the brits visit.
Instead of solely killing Terri, Felos gets an opportunity to kill millions!
The death trolls should be reported as abuse to admin mods as FR is pro-life and death trolls belong elsewhere if they don’t agree with the CREED of Free Republic.
Everybody who was in her room when she screamed was ejected and the police guard said "it never happened." Florida's been a police state for a very long time. The police at hospice to make sure Terri was murdered got paid a lot of money to make she she'd be tortured to death and they also emotionally abused Terri's parents and siblings.
It sounds like you are looking forward to being an inanimate object.
Terri was MURDERED. Terri did actually like ICE CREAM. Terri didn't need that feeding tube either but Michael STOPPED ALL OF TERRI'S THERAPY which was helping her learn how to use the muscles she needed to eat like regular folks. Terri was learning to speak again and how to eat.
LIES, LIES, LIES. People will always be telling their folklore about Terri.
You stop someone's therapy that is working and see what happens. See what happens, yet she WAS STILL ALERT AND AWARE.
Thanks for replying floriduh voter.
With all due respect, you seem to be unaware of 10th Amendment protected state powers. More specifically, since the states have never delegated to Congress via he Constitution the specific power to address euthanasia issues, the 10th Amendment automatically makes such issues unique state power issues, not federal issues. Likewise for abortion, marriage, healthcare, eminent domain, etc..
And as evidenced by other things that you mentioned in your post, I surmise that many Florida voters still do not understand the importance of working with the current generation of lawmakers in Tallahassee to make state laws that protect people like Terri and their families, laws which the federal government has no constitutional authority to make.
I agree
Oh, it’s a regular occurrence here and because now it’s all behind closed doors and with paperwork either signed by a drugged patient or under duress, people are unknowingly signing their property and their lives away.
In 2003, Mikey snuck into the hospice dressed in drag. Man, he was an UGLY WOMAN who would never kill himself but if looks could kill, Mikey was one ugly woman who couldn’t walk in heels.
Alert and aware people may not be able to speak but they have plenty of other ways to communicate. Go on pretending that the human being has no means of adaptation to their circumstances.
Terri's speech therapy was CUT off. The speech therapist whom I spoke to was also teaching Terri how to eat. She was eating until Mikey put that tube in her stomach. Damn facts! They're ruining your stupid premise.
Jeb Bush was governor when Elian was kidnapped in Jeb’s S. Florida.
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