Posted on 10/25/2003 6:00:26 AM PDT by NYer
In a court of law, the burden of proof rests with the prosecution. They must be able to prove beyond a reasonable doubt that the accused actually did commit a crime.
In the court of public opinion, it is frequently the case that individuals who are accused of a crime are judged guilty regardless of the facts. Some call that bias; others label it as nothing more than ignorant.
In the case of a severely disabled woman whose starvation death was ordered by a Florida judge, the court of law has not determined her guilt or innocence, because she committed no crime. The court has preferred to arrogantly deem it compassionate to put her out of her alleged misery by sanctioning an act of murder.
Murder is defined as the crime of killing a person with malice aforethought. Such a definition applies in this case. However, no human court is going to find this particular judge guilty of a crime, and no human court is going to query this womans husband regarding why he thinks she should die. That has already been taken care of through an arduous five-year court battle that may yet end with this womans tragic death a death resulting from court-approved removal of food and water.
As one attorney recently wrote, if a judge or a state governor were to order the execution of a serial killer on death row by means of withholding food and water, a variety of courts would intervene at once to block that order, which would amount to constitutionally-prohibited cruel and unusual punishment. But in the case of Terri Schiavo, who is not terminally ill, and was not near death until the starvation process began, it has been ruled that her life is not worthy to be lived. Thus others were willing to impose on her a slow, agonizing death by starvation. That is murder according to the natural law; but according to the Florida judicial system, it is an exercise in compassion. So much for human justice!
The Terri Schiavo case is currently receiving widespread media coverage. The callous disregard for her human dignity is being exposed in many venues but only at the eleventh hour. Over the past five years, however, as this case has been unfolding, nary a word could be found describing the barbaric nature of what some were proposing should be done to her.
Perhaps the most appalling aspect of this womans plight is rarely noted. Terri Schiavo is a Catholic who, one would hope, would have been staunchly defended in every conceivable way by the Catholic hierarchy in her state. After all, she is vulnerable, she is totally dependent on others to speak for her, and she is a human being with the gift of human dignity that God bestows on each of us.
The sad reality is, however, that Floridas Catholic bishops have been virtually silent. These bishops joined together in a public statement begging Gov. Jeb Bush to spare the life of convicted killer Paul Hill, a man who murdered two people. The prosecution in the Hill case did its job. Yet the bishops publicly pleaded that his life be spared. But two days after defending Hills life, these same bishops said the Church could not make a decision regarding whether Terri Schiavo should be starved to death. These bishops urged that more time be given prior to Terris imposed death by starvation so that greater certainty as to her true condition could be reached.
How much more certainty does one need that a living, breathing human being will die if he or she is denied access to food and water? The burden of proof in Terris case must ultimately be placed squarely on the shoulders of those who, for whatever reason, have chosen to cautiously stand aside and allow the courts to wield their power, even if the result will be the death of an innocent human being who never had the opportunity to defend herself. What crime did Terri Schiavo commit, I would ask the bishops that drove them into equivocating about whether or not she had a right to life?
Americans who care about this young woman have mounted campaigns to pressure Gov. Bush into doing all he can to save Terris life. Others have stepped to the forefront and applauded Florida state lawmakers who, after nearly six full days had passed in which Terri was denied nutrition, approved legislation to stop the starvation from continuing. Still others have offered legal opinions providing the governor with ammunition and exposing the reality of the situation: Terri Schiavo was being executed, pure and simple.
Yet nowhere in this flurry of last minute, desperate activity, do we find the Florida Catholic Conference. There has been a number prayer vigils held outside the hospice where Terri resides. To our knowledge, not one bishop has attended. There have been numerous public demonstrations of support for Terris parents, who are courageously doing all they can to defend their daughters right to life as her husband, her legal guardian, continues his quest to see that her food and water is denied. Not one bishop has offered Terris parents his public support. There is a courageous priest who has tried to provide Terri with Holy Communion. His efforts were thwarted by police officers who banned him from giving the Eucharist to Terri. As far as we can tell, not one bishop spoke out at such an outrage or applauded the commitment of this priest to be a true shepherd for Terri in what appeared to be her final days.
As the moments continued to pass, and the very life ebbed out of this lovely young woman at the center of this storm of controversy, one could only wonder what it really means to be innocent until proven guilty. To my mind, as I reflect on the burden of proof that never evolved prior to Terris death sentence, it occurs to me that some day, the most important Judge of all will have to deal with certain people who were aware of the travesty but chose to avoid a controversy because difficult cases are a bother. At that time, He will have amassed a burden of proof with regard to their culpability in the case of Terri Schiavo. In His court, justice will be done.
BRAVO!! Some people can't see the forest for the trees.
You can still view the ABC story and photo as it was cached by google, here:
ABCnews: Woman Out of Vegetative State After 16 Years
I'm going to save the article and picture to my computer's hard drive.
This cached thumbnail is still available, though:
Absolutely not..because most of mankind and medicine has always been for the healing and helping of those in need. God by His grace has imparted to His human race compassion, caring and love to their fellow man. If that weren't true you would of died long ago.
Some reasons for a feeding tube...
Child born without an esophagus
Prematurity, immature sucking reflex
Cancer of the esophagus
Throat cancer
Spinal cord injury
paralysis of the mouth, throat
Psychosis
Dementia
Aspiration
Esophageal Reflux
Inabilty to swallow adequately
Any of these problems would need a feeding tube for more than a few days and some may need it for the duration of their life. Some problems listed above would need a feeding tube till other surgical or therapeutic interventions alleviated the underlying cause.
Speech therapy could have certainly benefitted Terri and patience with her feeding time could have allowed her to take in her food orally. IMHO after many years in the medical field.
A high school friend of mine had a Cerebral Palsy sister who would be fed by her Mom orally, it took 1-1/2 hours per meal to feed her. She lived to be 26 yrs. old. She had many bouts of Pneumonia over the years due to aspiration. Many families and maybe Terri's team choose to do a feeding tube for convenience sake (Therefore alleviating 4-6 hours of patiently feeding the one in need)and reducing the chances of pneumonia from aspiration.
Our son recently got a feeding tube because he can't drink thin liquids like water without choking and he needed more H20 as he grows than he could possibly take in by mouth with thickened liquids.
I hope you are learning something here.
You also are apparently ignoring the previously expressed wishes of Terri - That is is key point to this whole issue.
Why can't you people deal with the central issue here and why do you continuously raise anologies that do not apply to this situation?
See my other posts here about the central issue.
You challenged me to try someting for three days - and to then report back to you.
Did you ever think of living like Terri for 15 years - and then report back as to whether or not you feel the same.
AFFIDAVIT _________
STATE OF FLORIDA )
COUNTY OF PINELLAS )BEFORE ME the undersigned authority personally appeared CARLA SAUER IYER, R.N., who being first duly sworn, deposes and says:
1. My name is Carla Sauer Iyer. I am over the age of eighteen and make this statement of my own personal knowledge.
2. I am a registered nurse in the State of Florida, having been licensed continuously in Florida from 1997 to the present. Prior to that I was a Licensed Practical Nurse for about four years.
3. I was employed at Palm Garden of Largo Convalescent Center in Largo, Florida from April 1995 to July 1996, while Terri Schiavo was a patient there.
4. It was clear to me at Palm Gardens that all decisions regarding Terri Schiavo were made by Michael Schiavo, with no allowance made for any discussion, debate or normal professional judgment. My initial training there consisted solely of the instruction "Do what Michael Schiavo tells you or you will be terminated." This struck me as extremely odd.
-1-
5. I was very disturbed by the decision making protocol, as no allowance whatsoever was made for professional responsibility. The atmosphere throughout the facility was dominated by Mr. Schiavo's intimidation. Everyone there, with the exception of several people who seemed to be close to Michael, was intimidated by him. Michael Schiavo always had an overbearing attitude, yelling numerous times such things as "This is my order and you're going to follow it." He is very large and uses menacing body language, such as standing too close to you, getting right in your face and practically shouting.
6. To the best of my recollection, rehabilitation had been ordered for Terri, but I never saw any being done or had any reason at all to believe that there was ever any rehab of Terri done at Palm Gardens while I was there. I became concerned because Michael wanted nothing done for Terri at all, no antibiotics, no tests, no range of motion therapy, no stimulation, no nothing. Michael said again and again that Terri should NOT get any rehab, that there should be no range of motion whatsoever, or anything else. I and a CNA named Roxy would give Terri range of motion anyway. One time I put a wash cloth in Terri's hand to keep her fingers from curling together,
-2-
and Michael saw it and made me take it out, saying that was therapy.
7. Terri's medical condition was systematically distorted and misrepresented by Michael. When I worked with her, she was alert and oriented. Terri spoke on a regular basis while in my presence, saying such things as "mommy," and "help me." "Help me" was, in fact, one of her most frequent utterances. I heard her say it hundreds of times. Terri would try to say the word "pain" when she was in discomfort, but it came out more like "pay." She didn't say the "n" sound very well. During her menses she would indicate her discomfort by saying "pay" and moving her arms toward her lower abdominal area. Other ways that she would indicate that she was in pain included pursing her lips, grimacing, thrashing in bed, curling her toes or moving her legs around. She would let you know when she had a bowel movement by flipping up the covers and pulling on her diaper and scooted in bed on her bottom.
8. When I came into her room and said "Hi, Terri", she would always recognize my voice and her name, and would turn her head all the way toward me, saying "Haaaiiiii" sort of, as she did. I recognized this as a "hi", which is very close to what it sounded like, the whole sound
-3-
being only a second or two long. When I told her humrous stories about my life or something I read in the paper, Terri would chuckle, sometimes more a giggle or laugh. She would move her whole body, upper and lower. Her legs would sometimes be off the bed, and need to be repositioned. I made numerous entries into the nursing notes in her chart, stating verbatim what she said and her various behaviors, but by my next on-duty shift, the notes would be deleted from her chart. Every time I made a positive entry about any responsiveness of Terri's, someone would remove it after my shift ended. Michael always demanded to see her chart as soon as he arrived, and would take it in her room with him. I documented Terri's rehab potential well, writing whole pages about Terri's responsiveness, but they would always be deleted by the next time I saw her chart. The reason I wrote so much was that everybody else seemed to be afraid to make positive entries for fear of their jobs, but I felt very strongly that a nurses job was to accurately record everything we see and hear that bears on a patients condition and their family. I upheld the Nurses Practice Act, and if it cost me my job, I was willing to accept that. 9. Throughout my time at Palm Gardens, Michael Schiavo was focused
-4-
on Terri's death. Michael would say "When is she going to die?," "Has she died yet?" and "When is that bitch gonna die?" These statements were common knowledge at Palm Gardens, as he would make them casually in passing, without regard even for who he was talking to, as long as it was a staff member. Other statements which I recall him making include "Can't anything be done to accelerate her death - won't she ever die?" When she wouldn't die, Michael would be furious. Michael was also adamant that the family should not be given information. He made numerous statements such as "Make sure the parents aren't contacted." I recorded Michael's statements word for word in Terri's chart, but these entries were also deleted after the end of my shift. Standing orders were that the family wasn't to be contacted, in fact, there was a large sign in the front of her chart that said under no circumstances was her family to be called, call Michael immediately, but I would call them, anyway, because I thought they should know about their daughter.
10. Any time Terri would be sick, like with a UTI or fluid buildup in her lungs, colds, or pneumonia, Michael would be visibly excited, thrilled even, hoping that she would die. He would say something like,
-5-
"Hallelujah! You've made my day!" He would call me, as I was the nurse supervisor on the floor, and ask for every little detail about her temperature, blood pressure, etc., and would call back frequently asking if she was dead yet. He would blurt out "I'm going to be rich!" and would talk about all the things he would buy when Terri died, which included a new car, a new boat, and going to Europe, among other things.
11. When Michael visited Terri, he always came alone and always had the door closed and locked while he was with Terri. He would typically be there about twenty minutes or so. When he left Terri would be trembling, crying hysterically, and would be very pale and have cold sweats. It looked to me like Terri was having a hypoglycemic reaction, so I'd check her blood sugar. The glucometer reading would be so low it was below the range where it would register an actual number reading. I would put dextrose in Terri's mouth to counteract it. This happened about five times on my shift, as I recall. Normally Terri's blood sugar levels were very stable due to the uniformity of her diet through tube feeding. It is medically possible that Michael injected Terri with Regular insulin, which is very fast acting, but I don't have
-6-
any way of knowing for sure.
12. The longer I was employed at Palm Gardens the more concerned I became about patient care, both relating to Terri Schiavo, for the reasons I've said, and other patients, too. There was an LPN named Carolyn Adams, known as "Andy" Adams who was a particular concern. An unusual number of patients seemed to die on her shift, but she was completely unconcerned, making statements such as "They are old - let them die." I couldn't believe her attitude or the fact that it didn't seem to attract any attention. She made many comments about Terri being a waste of money, that she should die. She said it was costing Michael a lot of money to keep her alive, and that he complained about it constantly (I heard him complain about it all the time, too.) Both Michael and Adams said that she would be worth more to him if she were dead. I ultimately called the police relative to this situation, and was terminated the next day. Other reasons were cited, but I was convinced it was because of my "rocking the boat."
13. Ms. Adams was one of the people who did not seem to be intimidated by Michael. In fact, they seemed to be very close, and Adams would do whatever Michael told her. Michael sometimes called Adams at
-7-
night and spoke at length. I was not able to hear the content of these phone calls, but I knew it was him talking to her because she would tell me afterward and relay orders from him.
14. I have contacted the Schindler family because I just couldn't stand by and let Terri die without the truth being known.
FURTHER AFFIANT SAYETH NAUGHT.
CARLA SAUER IYER, R.N.
The foregoing instrument was acknowledged before me this 29 day of August, 2003, by CARLA SAUER IYER, R.N., who produced her Florida's driver's license as identification, and who did take an oath.
Notary Public
My commission expires xxxxx
If your spouse acted like that would you want the courts to uphold his/her right to give the thumbs up or down on everything that happened to you?
Who made this one up, and why not say she that she tried to fly around the room and out of the window.
One could say that she was trying to remove her own feeding tube. One can say anything - that does not make it fact.
Although I haven't posted here much in recent times, some years ago I was a VERY frequent poster here.
The point is not what type of person her husband is.
It would be impossible for me to be in Terri's condition by my own will. But I promise if it be God's will I be in Terri's condition, I will report back to you in 15 years, Lord willing.
You on the other hand can choose to go without for a few days and let us know :)
This addresses your "what you are discussing issue"Terri didn't write it down nor was there a law at the time she made her "alledged" comments to Michael and "his" family that the judge allowed for dehydration and death by starvation. IMHO, the judge erred here as well. Applying a new law that was written well after the "alledged" comment was made by her.
My comments were addressing your ignorant comment " I draw the line a feeding tubes - if needed for more than just a few days.
Read the reasons why you or a loved one may need a feeding tube more than a few days and tell me under no circumstances you would allow it.
If I ever find myself in Terri's condition, I do not wish to be artifically sustainded as she has been for 15 years.
How many of you think that MY wishes should be ignored for YOUR beliefs?
(and keep in mind that the nature of my wife, nor the wishes of my parents or anyone else is not the point here)
The point, for thinking non-braindead people, is very much what kind of person her husband is. Your point being her 'previously expressed wishes' and mine that he is the only source of that information.
Who were you before? CSAZ?
EXCELLENT point.
I guess that it depends on whose definition you choose to use.
Apparently, you believe those one one side of the issue and not those on the other side.
At this stage, without first hand knowledge, IMO it is just a matter of opinion, not a matter of fact.
I can confirm this -- though I disagree with ya on this set of points you are making.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.