24-hour Vigil Planned for Terri SchiavoFounder of Operation Rescue Joins the Vigil

Randall Terry

[amdgmary]

On Monday, Oct 13, at noon, family and friends of Terri Schindler-Schiavo will begin a round-the-clock vigil on at Woodside Hospice located at 6774 102nd Ave N, Pinellas Park (66th St N & 102nd Ave).

Terri is scheduled to have her feeding tube removed on Wednesday, Oct 15, at 2:00 pm. A policeman will be posted at Terri's door at the hospice in order to keep the parents out. Michael Schiavo, the husband, has ordered that the does not want family and friends near Terri.

Please join us at Woodside Hospice anytime - day or night - calling on Governor Jeb Bush to use his executive power to save Terri's life. Your presence will be welcomed for any length of time.

Please contact Gov. Jeb Bush and ask him to save Terri's life. He has the power to do so. Gov. Bush's e-mail is Jeb.Bush@MyFlorida.com and fl_governor@eog.state.fl.us. His phone number is 850-488-7146.

Randall Terry would like as many people as possible to call or send an e-mail to Gov. Bush. If you do call or send a message, please thank him for acting as "amicus curiae" (friend of the court) on behalf of Terri.

Terri is disabled, but she is not in a coma or in a persistant vegetative state. She is fully aware of her surroundings and responds to people around her. She laughs and smiles when her parents visit her. Last night, her parents told me that she says "yes", "no", "hello." This may not sound like much, but it shows that Terri is not in a coma as her husband claims. Terri also told her parents that she does not want to be starved to death.

Randall Terry of Operation Rescue will hold a press conference at noon on Monday, Oct 13th. He will also have a press conference on Tueday at noon and Wednesday at 2:00 pm. If you live in the Tampa Bay area, please join us for the vigil.

It is inconceivable that a judge has ordered the death of an innocent woman. We need to do everything in our power to help Terri.

Thank you for your support!

[Ohioan from Florida]

And this, too. It seems Pat Anderson has been trying all these venues and Greer should have allowed new testimony in at any time. The law recognizes that Terri could regain even parts of her capacity, and should be allowed judicial review, based on that alone. Of course, if you are Greer and don't go to see the ward yourself, everything is based on hearsay. I'm probably just rambling at this point, so forgive me if I'm not making any sense. Here's another statute:

744.3715 Petition for interim judicial review.--

(1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian is not complying with the guardianship plan or is exceeding his or her authority under the guardianship plan and the guardian is not acting in the best interest of the ward. The petition for review must state the nature of the objection to the guardian's action or proposed action. Upon the filing of any such petition, the court shall review the petition and act upon it expeditiously.

(2) If the petition for review is found to be without merit, the court may assess costs and attorney's fees against the petitioner.

History.--s. 56, ch. 89-96; s. 41, ch. 90-271; s. 1092, ch. 97-102.

744.372 Judicial review of guardianships.--The court retains jurisdiction over all guardianships. The court shall review the appropriateness and extent of a guardianship annually and:

(1) If an objection to the terms of the guardianship report has been filed pursuant to s. 744.367;

(2) If interim review has been requested under s. 744.3715;

(3) If a person, including the ward, has filed a suggestion of increased capacity; or

(4) If the guardianship report has not been received and the guardian has failed to respond to a show cause order.

History.--s. 57, ch. 89-96; s. 42, ch. 90-271.

[Ohioan from Florida]

Another section of the law, as it pertains to Terri and Michael:

744.474 Reasons for removal of guardian.--A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:

(1) Fraud in obtaining her or his appointment.

(2) Failure to discharge her or his duties.

(3) Abuse of her or his powers.

(4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.

(5) Failure to comply with any order of the court.

(6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward's assets when so required.

(7) The wasting, embezzlement, or other mismanagement of the ward's property.

(8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent.

(9) Conviction of a felony.

(10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.

(11) Development of a conflict of interest between the ward and the guardian.

(12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.03 or under any similar statute of another jurisdiction.

(13) A material failure to comply with the guardianship report by the guardian.

(14) A failure to comply with the rules for timely filing the initial and annual guardianship reports.

(15) A failure to fulfill the guardianship education requirements.

(16) The improper management of the ward's assets.

(17) A material change in the ward's financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.

(18) After appointment, the guardian becomes a disqualified person as set forth in s. 744.309(3).

(19) Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 744.309(2) and 744.312(2) and who has not previously been rejected by the court as a guardian that:

(a) The current guardian is not a family member; and

(b) Removal of the current guardian is in the best interest of the ward,

the court may remove the current guardian and appoint the petitioner, or such person as the court deems in the best interest of the ward, either as guardian of the person or of the property, or both.

History.--s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 84, ch. 89-96; s. 138, ch. 95-418; s. 13, ch. 96-354; s. 1788, ch. 97-102; s. 283, ch. 99-8; s. 2, ch. 99-277; s. 111, ch. 2000-349.

Note.--Created from former s. 746.03.

[MarMema]

Wesley Smith is on Coast to Coast right now....talking about Terri.

[dixiegrrl]

744.474 Reasons for removal of guardian.--A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:
(1) Fraud in obtaining her or his appointment.
(2) Failure to discharge her or his duties.
(3) Abuse of her or his powers.
(4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.
(5) Failure to comply with any order of the court.
(6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward's assets when so required.
(7) The wasting, embezzlement, or other mismanagement of the ward's property.
(8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent.
(9) Conviction of a felony.
(10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.
(11) Development of a conflict of interest between the ward and the guardian.
(12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.03 or under any similar statute of another jurisdiction.
(13) A material failure to comply with the guardianship report by the guardian.
(14) A failure to comply with the rules for timely filing the initial and annual guardianship reports.
(15) A failure to fulfill the guardianship education requirements.
(16) The improper management of the ward's assets.
(17) A material change in the ward's financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.
(18) After appointment, the guardian becomes a disqualified person as set forth in s. 744.309(3).
(19) Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 744.309(2) and 744.312(2) and who has not previously been rejected by the court as a guardian that:
(a) The current guardian is not a family member; and
(b) Removal of the current guardian is in the best interest of the ward,

the court may remove the current guardian and appoint the petitioner, or such person as the court deems in the best interest of the ward, either as guardian of the person or of the property, or both.


I think schiavo fits quite a few of these.

[Ohioan from Florida]

744.477 Proceedings for removal of a guardian.--Proceedings for removal of a guardian may be instituted by the court, by any surety or other interested person, or by the ward. Reasonable notice shall be given to the guardian. On the hearing, the court may enter an order that is proper considering the pleadings and the evidence.

History.--s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 85, ch. 89-96; s. 59, ch. 90-271.

Note.--Created from former s. 746.04.

[Ohioan from Florida]

I think we posted the same thing at almost the same time...LOL!

[Ohioan from Florida]

Do you have a link for Coast to Coast?

[Libertina]

BTTT Monday: 10:00 AM ATTENTION! If you can listen to Coast to Coast they are discussing this RIGHT NOW!

[dixiegrrl]

LOL!! Great minds!!

[dixiegrrl]

I have also found out on this website http://m-blog.com/terrischiavo
(midway down) that Judge Greer is guilty of this Florida statute 876.05 Public employees; oath.--

(1) All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, and all candidates for public office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form:

I, _____, a citizen of the State of Florida and of the United States of America, and being employed by or an officer of _____ and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida.

(2) Said oath shall be filed with the records of the governing official or employing governmental agency prior to the approval of any voucher for the payment of salary, expenses, or other compensation.

[MarMema]

http://www.coasttocoastam.com/

[lonevoice]

Ping to Coast to Coast Live thread. There's a radio show in progress re: Terri Schaivo http://www.freerepublic.com/focus/news/1000680/posts?page=7

[MarMema]

GO WESLEY!!!! HE IS TAKING MICHAEL AND GREER TO THE CLEANERS.

[Ohioan from Florida]

Thanks for your link, but I'm having trouble connecting to the stream. Maybe someone could give a summary when they're finished. I'll check in with the other thread that was mentioned, too.

[MistyCA]

OK, why can't Bush send in the Adult Protective Services of the state to intervene in this situation? The judge's order is a travesty. Was this judge elected? I can't believe there is no way to prevent him from doing this.

[dixiegrrl]

I am glad I'm not the only one with that problem.

[Ohioan from Florida]

I agree. I think there's lots of stuff that hasn't been carried out the way we think it should be. The problem is that it feels like it's becoming too late for Terri. There's got to be something to nail these guys with that will stick.

[dixiegrrl]

Yes he was elected and I think he up for re-election in 2004.

[litany_of_lies]

You can listen live at 55krc.com. They also have HUNDREDS of affilitates nationwide (second only to Rush in numbers, I believe). I'd be very surprised if you can't tune one in.

[lakey]

Felos thinks if he keeps saying she's terminal, then she will be terminal. And ain't we all, more or less...

Not being a lawyer, it's hard for me to say exactly what is relevant or illegal in a civil case. I understand criminal laws a little more, because I've been around law enforcement for many years.