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Burden of Proof: The Killing of Terri Schiavo
Washington Dispatch ^ | October 24, 2003 | Judie Brown

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 woman’s 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 woman’s 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 woman’s 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 Florida’s 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 Hill’s 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 Terri’s 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 Terri’s 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 Terri’s 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 Terri’s parents, who are courageously doing all they can to defend their daughter’s 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 Terri’s 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 Terri’s 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.


TOPICS: US: Florida
KEYWORDS: catholiclist; euthanasia; felos; judiebrown; murder; schiavo; schindler; terri; terrischiavo; tslist
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To: TigersEye
I am not inferring it I am saying it.

You and some others here these days seem to think that anyone who disagrees with you is a troll.

Who were you before? CSAZ?

I've been posting at this site since June 1998 and always used ONLY this screen name.

But you continue to avoid the central issue here see post #155.

161 posted on 10/25/2003 1:12:29 PM PDT by Normally a Lurker
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To: Normally a Lurker
"I guess that it depends on whose definition you choose to use. "

Go look up the terms in a medical dictionary. Educate yourself. You seem to rely on very loose definitions.
162 posted on 10/25/2003 1:14:10 PM PDT by Bluebird Singing
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To: isthisnickcool
If Terri Schiavo was a dog or a cat and the "owner" tried to withhold food and water they would soon find themselves in jail...

Yup.

163 posted on 10/25/2003 1:15:27 PM PDT by Tribune7 (It's not like he let his secretary drown in his car or something.)
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To: Lazamataz
Hi Laz - it's been a while.

I understand that you disagree with my overall set of comment here, but how about my main point as expressed in post #155?

164 posted on 10/25/2003 1:15:29 PM PDT by Normally a Lurker
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To: Normally a Lurker
How many of you think that MY wishes should be ignored for YOUR beliefs?

I would not get in your way at all...even though I 100% disagree with you.

Make sure you write it down and you may want a trial run on the dehydration, starving thing before you totally commit to it :) It is not pretty, dignified or painless.

May God bless you!

165 posted on 10/25/2003 1:16:50 PM PDT by 4Godsoloved..Hegave (Mat 25:35 For I was an hungred, and ye gave me meat: I was thirsty, and ye gave me drink:)
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To: Lazamataz
Well OK, Laz, I'll take your word that he's not a troll. But he argues without logic, without considering info. given to him, whines first about name calling and then insinuates that all here are lying and insists on ignoring plain facts in order to support the forced starvation/dehydration death of Terri Schiavo. Can you tell me what that kind of poster is ... without getting banned?
166 posted on 10/25/2003 1:17:10 PM PDT by TigersEye (Liberals will support anything to reduce the population except suicide.)
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To: Normally a Lurker
Bull $shit, NAL. Your post regarding your opinion of feeding tubes said NOTHING AT ALL about anyone's wishes. You stated an opinion of your own about them and 4Godsoloved answered.
167 posted on 10/25/2003 1:17:25 PM PDT by PleaseNoMore
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To: Normally a Lurker
But you continue to avoid the central issue here see post #155.

The central issue, as expressed in #155, is what you want. Who cares? I have more than addressed the issue of what Terri wants. But you ignore it.

168 posted on 10/25/2003 1:20:35 PM PDT by TigersEye (Kill the liberal gods. Regime change in the courts. Impeach activist judges!)
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To: TigersEye
But he argues without logic, without considering info. given to him, whines first about name calling and then insinuates that all here are lying and insists on ignoring plain facts in order to support the forced starvation/dehydration death of Terri Schiavo. Can you tell me what that kind of poster is ...?

....Like nearly every poster on Free Republic...?

169 posted on 10/25/2003 1:20:43 PM PDT by Lazamataz (I am the extended middle finger in the fist of life.)
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To: Bluebird Singing
>i>Go look up the terms in a medical dictionary. Educate yourself. You seem to rely on very loose definitions.

1 a : not knowing or perceiving : not aware b : free from self-awareness

2 a : not possessing mind or consciousness b (1) : not marked by conscious thought, sensation, or feeling (2) : of or relating to the unconscious c : having lost consciousness

3 : not consciously held or deliberately planned or carried out

As I said, her condition seems to be a matter of opinion - some medical experts saying one thing - some saying another. I don't have any first hand knowledge, nor do you I assume.

170 posted on 10/25/2003 1:21:21 PM PDT by Normally a Lurker
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To: Normally a Lurker
Then please, clearly state your wishes in writing so that no one will have to debate this over you. I assure you, if your wishes were unknown as Terri's are I would fight to keep you alive too. So be very clear to your wife and loved ones IN WRITING.
171 posted on 10/25/2003 1:22:16 PM PDT by PleaseNoMore
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To: Normally a Lurker
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?

I hope you have a Living Will to that effect. Terri did not. Therefore we must take the position that she wants to live. The other decision is irreversible. We can always reverse the decision to live, should she be able to communicate that wish.

172 posted on 10/25/2003 1:23:51 PM PDT by Lazamataz (I am the extended middle finger in the fist of life.)
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To: PleaseNoMore
I assume that you looked at my other posts and put that in context - but as is typical with many discussing this issue, it seems you want to ignore the central issue and talke about how bad a person her husband is, etc.
173 posted on 10/25/2003 1:24:21 PM PDT by Normally a Lurker
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To: NYer
When her father told her that hubby had won court order to remove her feeding tube, she tried to climb out of her chair.

Do you have something to back this claim up?

174 posted on 10/25/2003 1:25:46 PM PDT by Lazamataz (I am the extended middle finger in the fist of life.)
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To: Lazamataz
Like some posters on Free Republic, I guess. ; )
175 posted on 10/25/2003 1:26:33 PM PDT by TigersEye (Kill the liberal gods. Regime change in the courts. Impeach activist judges!)
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To: TigersEye
Like some posters on Free Republic, I guess. ; )

ALL posters on Free Republic.

I suck worst of all.

176 posted on 10/25/2003 1:29:34 PM PDT by Lazamataz (I am the extended middle finger in the fist of life.)
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To: Normally a Lurker
If I ever find myself in Terri's condition, I do not wish to be artifically sustainded as she has been for 15 years.

You are not in her condition. You have no idea as to what she wants except . . .

(and keep in mind that the nature of my wife. . .)

for statements from her husband. Which makes his nature pretty relevant.

177 posted on 10/25/2003 1:30:28 PM PDT by Tribune7 (It's not like he let his secretary drown in his car or something.)
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To: NYer; MarMema
**To my mind, as I reflect on the burden of proof that never evolved prior to Terri’s 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.**

Amen!

178 posted on 10/25/2003 1:33:53 PM PDT by Salvation (†With God all things are possible.†)
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To: Normally a Lurker
Buddy, you are sure duckin & tuckin now aren't you? You said

To: TigersEye

I draw the line a feeding tubes - if needed for more than just a few days.

117 posted on 10/25/2003 10:49 AM PDT by Normally a Lurker [ Post Reply | Private Reply | To 114 | View Replies | Report Abuse ]

I simply replied that you were condeming many children of your fellow posters. Now you skirt around this and say that it was taken out of context?? Puhlease...

179 posted on 10/25/2003 1:34:45 PM PDT by PleaseNoMore
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To: Tax-chick
Could it be that liberals are trying to make the disabled seem like "the enemy" to ordinary citizens

In the mid sixties, the liberals were appalled by illegitimate birth rates and single-parent homes among minorities and poverty. This was the rationale for the War On Poverty and subsequent social programs.

Now those rates are 10x what they were then.

180 posted on 10/25/2003 1:35:20 PM PDT by gg188
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