Posted on 10/16/2003 9:46:46 AM PDT by pollywog
I chose to put this on Breaking News because it just came on as Breaking NEWS on her website. PLEASE ,PLEASE go to the website http://www.terrisfight.org and read the letters that have just been sent to Jeb Bush in regards to the Terri Schiavo case. JEB BUSH can LEGALLY STOP THIS. CALL his office, CALL YOUR REPRESENTATIVES, CALL and email the media.THE CLOCK is ticking to save her life.
Sorry if this post isn't " polished" and " refined" but I am not a seasoned " poster" here on FR.
If they think the courts are wrong, then they should have appealed.
What laws are not being upheld. Listening to Hannity this afternoon, his interpretation of this seems to hold only if you think the JUDGE has committed a state or federal crime.
I think you are starting on a slippery slope. People are taken off life support in hospitals every day and the last thing I want is the state intervening in difficult family decisions just because it may help your anti abortion stand.
Don you think that if the parents could have come up with a case against the husband, they would have already. What evidence does anyone have that a crime has been committed other than the husband moved on quickly and doesnt want to spend the rest of his life with a vegetable. That makes him a louse but not a criminal.
The Judge's email level hasn't even BEGUN YET!!!! Wait for a week if anything happens to Terri!!!
There is a big difference between life support and a feeding tube. Many people on feeding tubes are in good physical health.
Richard Thompson
Chief Counsel
Admitted in Michigan
October 15, 2003
The Honorable Jeb Bush
Governor, State of Florida
Executive Office of the Governor
400 S. Monroe Street
The Capitol
Tallahassee, Florida 32399-0001
Re: Legal Authority of Governor Bush to Prevent the
Imminent Death of Ms. Terri Schiavo
Dear Governor:
You have asked for the legal opinion of the Thomas More Law Center concerning whether you
have the authority under Florida law to take steps designed to prevent the imminent death of Ms.
Terri Schiavo. For the following reasons, we conclude that you do have that authority.
As the Governor of the State of Florida, you are vested with the supreme executive power. Fla.
Const. Art. 4 § 1(a). As a result, you shall ensure that the laws of Florida are "faithfully
executed." Id. And pursuant to Fla. Stat. § 943.04(2)(a), you have the authority to direct the
Florida Department of Law Enforcement to investigate violations of the criminal laws of the
State. See also Thompson v. State, 342 So.2d 52 (Fla. 1976). The authority to investigate
includes the authority "to bear arms, make arrests and apply for, serve and execute search
warrants, arrest warrants, capias, and other process of the court." Fla. Stat. § 943.04(2)(a). This
authority is derived from your constitutional authority as chief executive, and it does not violate
the separation of powers prescribed in Fla. Const. Art. 2, § 3. See Thompson, 342 So.2d at 55.
Moreover, as the Governor, you took an oath to support, protect, and defend the Constitutions of
the United States and of Florida and to faithfully perform the duties of your office. Fla. Const.
Art. 2, § 5. The Florida Constitution guarantees that all natural persons, even those with physical
disabilities, are equal before the law and have the inalienable right to life, liberty, and the pursuit
of happiness. Fla. Const. Art. 1 § 2. This Constitutional provision, of course, applies to Ms.
Schiavo.
There is probable cause in this case to believe that Ms. Schiavo is a victim of one or more
violations of Florida criminal law.
Ms. Schiavo is a victim of abuse and neglect. Under Fla. Stat. § 825.102, it is a crime to abuse
or neglect a disabled adult, including encouraging another person to commit an act that results or
could reasonably be expected to result in physical or psychological injury to a disabled adult.
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Under this criminal statute, "neglect" means a caregiver's failure or omission to provide a
disabled adult with the care, supervision, and services necessary to maintain the disabled adult's
physical and mental health, including, but not limited to, food, nutrition, clothing, shelter,
supervision, medicine, and medical services that a prudent person would consider essential for
the well-being of the disabled adult; or a caregiver's failure to make reasonable effort to protect a
disabled person from abuse, neglect, or exploitation by another person. This "neglect" may be
based on repeated conduct or on a single incident or omission that results in, or could reasonably
be expected to result in, serious physical or psychological injury or a substantial risk of death to
the disabled adult. Also under Florida law, it is a crime to murder or attempt to murder a person
by deprivation of nutrition and hydration. See Fla. Stat. §§ 782.04(2)(i), 777.04.
Ms. Schiavo may also be a victim of domestic violence. Fla. Stat. §§ 741.28-741.31 criminalizes
domestic violence, which includes assault, battery, and any criminal offense resulting in the
physical injury or death of a family member by another family member, including a spouse.
In addition to the previously discussed authority to conduct criminal investigations, officials
from the Department of Children and Family Services have the authority to enter the premises
where Ms. Schiavo is currently being held and remove her from the premises if they believe that
medical care is necessary to avert a likely risk of death or serious injury. See Fla. Stat. §
415.1051(2)(a)-(b). Pursuant to Fla. Stat. § 415.1052, persons have a duty to cooperate with an
investigation under this statute. Further, the statute provides that the consent of Ms. Schiavo's
guardian is not necessary if the investigator suspects that the disabled adult's guardian has
caused the abuse or neglect of the disabled adult. In the event you employ this procedure, the
Department must petition a court for an order authorizing emergency protective services within
24 hours after arranging for the emergency removal of Ms. Schiavo. See Fla. Stat. §
415.1051(2)(b).
In the final analysis, the facts of this case clearly establish probable cause to conduct a full
criminal investigation of the circumstances surrounding the disability of Ms. Schiavo. To date,
the facts of this case have not been viewed through the lens of a criminal investigation.
Shamefully, the government's investigatory resources have not been brought to bear on
discovering the truth in this case.
Ms. Schiavo's life is at stake. Therefore, you should take immediate custody of Ms. Schiavo,
provide for her life support needs, including food and hydration, and medical care, direct the
Florida Department of Law Enforcement to conduct a full investigation of the facts and
circumstances of this case, to include securing search warrants and interviewing witnesses,
including medical experts, and take measures to prevent future harm to Ms. Schiavo pending the
outcome of the investigation.
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In conclusion, you have the legal authority to investigate this matter, prolong the life of Ms.
Schiavo, and prevent a grave injustice.
Very truly yours,
THOMAS MORE LAW CENTER
Richard Thompson
President & Chief Counsel
Edward L. White III*
Associate Counsel
* Admitted in Florida & Michigan
Robert J. Muise
Associate Counsel
* Admitted in Michigan & New Hampshire
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ggreer@co.pinellas.fl.us
Richard Thompson
Chief Counsel
Admitted in Michigan
October 16, 2003
The Honorable Jeb Bush
Governor, State of Florida
Executive Office of the Governor
400 S. Monroe Street
The Capitol
Tallahassee, Florida 32399-0001
Re: Factual Basis Compelling a Formal Criminal Investigation by the Florida
Department of Law Enforcement in the case of Terri Schiavo
Dear Governor:
Please accept this letter as a supplment to our letter dated October 15th that outlined your legal
authority and asked that you conducct a formal criminal investigation into the Terri Schiavo
matter.
The undersigned Richard Thompson has 24 years of law enforcement experience as a
prosecuting attorney and was responsible for the initial prosecutions of Jack Kevorkian for
physician-assisted suicide. In at least one case of physician-assisted suicide, the wife was the
victim of domestic violence, and her death was used as a cover-up for the husband's
wrongdoing. He is also aware of a general reluctance of prosecutors and law enforcement
agencies to act in cases such as this because of the emotional and political issues involved.
The undersigned Edward White III, and Robert Muise have served as federal prosecutors. Mr.
White spent five years as Assistant U.S. Attorney for the Middle District of Florida, and is
currently licensed to practice law in Florida. Mr. Muise was a Special Assistant U.S. Attorney in
the Eastern District of North Carolina and a prosecutor for the U.S. military.
Based upon our combined experience, it is clear that there is sufficient evidence upon which to
conduct a formal criminal investigation. State attorneys' conversations with the parents of Ms.
Schiavo do not satisfy this requirement.
The facts that compel a formal criminal investigation include, but are not limited to the
following:
-The revelation one year after Terri's debilitating incident of a bone scan revealing
compression fractures and apparent traumatic injuries.
-The conflict of interest of the husband guardian who is living with another woman, with
whom he has fathered a child, and is expecting a second child.
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-The fact that over $700,000 placed in a trust fund for Terri's support has not been used
for rehabilitation services as promised to a jury in the malpractice case that resulted in the
reward.
-After the husband guardian had received the money from the malpractice case, he placed
a "Do Not Resuscitate" order on Terri's medical chart.
-The admission by the husband guardian that he left a urinary tract infection untreated so
that it would become fatal.
-The information that the husband guardian will immediately cause Terri's body to be
cremated upon her death thereby eliminating any possible evidence of criminal
wrongdoing that may be found by a medical examiner through an autopsy.
-The decision to forego medical treatment is based on an alleged off-hand statement by
Terri years before the incident that she would not want to be kept alive on anything
artificial. This alleged statement was first brought to light by the husband guardian in
January 2000, ten years after the debilitating incident.
Thus it seems prudent under the circumstances that the presumption for life should prevail and a
formal "time-out" should take place, allowing for a formal criminal investigation by the Florida
Department of Law Enforcement and Terri's parents to administer the necessary rehabilitation
services to determine if Ms. Schiavo is able to ingest food on her own.
Sincerely yours,
THOMAS MORE LAW CENTER
Richard Thompson
President & Chief Counsel
Edward L. White III*
Associate Counsel
* Admitted in Florida & Michigan
Robert J. Muise
Associate Counsel
* Admitted in Michigan & New Hampshire
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