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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: Lazamataz
*Do you have something to back this claim up?*

As you well know, Terri's parents are restricted from visiting her. This claim was made by her father to the media and repeated by her brother in an interview. Here is yet another account of that event.

Florida Report: Is Terri a Person? - Reporting from the Front Lines

221 posted on 10/25/2003 3:56:03 PM PDT by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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To: nmh
I'd bet Michael is scared **itless that that WILL happen, hence the rush to death.

He has withheld her medical records from her family for the past 10 years!!

What hospice takes in "long term" patients? Here in NY, there are LONG waiting lists to enter a hospice. You don't enter until the very last stages of life.

He has appealed to and received an award from the court to use a portion of the litigation settlement to be used to cremate her immediately upon her death.

What's he hiding?

222 posted on 10/25/2003 4:23:35 PM PDT by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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Comment #223 Removed by Moderator

To: NYer
Well, it looks like he tried one time.

Florida Catholic Bishop Comes to Defence of Life Support Woman Terry Schiavo

ST. PETERSBURG, August 14, 2003 (LifeSiteNews.com) - Robert N. Lynch, the Roman Catholic bishop of St. Petersburg, has come to the defence of Terri Schiavo, the woman whose ex-husband wants to remove her from life support because of her alleged "persistent vegetative state," even though her own family believes therapy should be tried first.

In an August 12 statement, Bishop Lynch says "Church teaching is that there should be a presumption in favor of providing medically assisted nutrition and hydration to all patients as long as it is of sufficient benefit to outweigh the burdens involved to the patient.... If [life support] were to be removed simply because she is not dying quickly enough and some believe she would be better off because of her low quality of life, this would be wrong. ... Terri's family be allowed to attempt a medical protocol which they feel would improve her condition."

224 posted on 10/25/2003 4:47:19 PM PDT by diamond6 ("Everyone who is for abortion HAS been born." Ronald Reagan)
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To: Normally a Lurker
I agree that the individual should be the one to determine the quality of life he or she desires. Terri has not done so.

My nephew is here with me today. Chuck was in a severe motorcycle accident 18 years ago. He too was denied therapy for the first 10 years after the accident as his father deemed it too painful for him to endure. His father fought his mother and was temporarily awarded custody of him. His mom fought back, regained custody, and began therapy for him. For the first 14 years Chuck was on a feeding tube as he could not swallow. Today he eats with his good hand all by himself. He is paralyzed on one side still, can't speak ( grunts and moans ) and doesn't follow simple commands well ( we found that he has suffered a hearing loss as a result of his accident so we have to be very loud when we speak to him ). Because of his ongoing therapy the rigidity of his muscles from lack of movement has decreased. He said "mama" for the first time in 18 years last month.

I am glancing at him now sitting in his special chair ( my recliner, lol ) and he is sleeping so peacefully. I just changed him a bit ago as he is very heavy and I struggle with lifting him. After all he is a grown man of 6' tall and about 250 lbs, ( see, he eats very well. Too well IMO ). I do not see a man who lacks quality of life. I see a man whose life was forever changed by a horrible accident. I see a man who as an 18 year old boy found himself hooked up to life support machines. One who was pronounced brain dead and one whose mom made the agonizing decision to "pull the plug" after which he began breathing within seconds. I see a man who, although limited severely, laughs, cries, pinches my butt when I walk by to aggravate me, puckers up his lips for a kiss, drinks a beer ( oh the nerve of me ), and who loves to be talked to although he can't talk back. I see someone who has rubbed my belly when I was pregnant ( he absolutely loved to do this ) and who has held my children ( with my help ) when I placed them in his lap. He has "quality" of life. Before therapy he could do none of these things.

Once we told him that his Dr. said that he would always be a vegetable. I will never forget his response. When asked what he thought about that he simply stuck up his middle finger and laughed.

In the morning I will get him up, bathe him, put a fresh Depends on him and get him dressed for church services. Afterwards, we will go out to eat at one of his favorite restaurants and I even thought of taking him to see the movie Radio. I don't know if my back will hold out that long though. But, so much for him being brain dead, huh? BTW, he is still labeled as being in a persistant vegetative state. So much for him being a cabbage.

As for his quality of life, I ask him if he is happy. He smiles. He feels no pain. He is limited, sure. It doesn't matter to us that he may never find the cure for cancer or be a successful business person who rakes in millions. It doesn't matter that he may never father his own children. It isn't what he does that will matter in a hundred years from now. It is how we cared for him. It is the love that we gave him. The legacy of his family loving and caring for him although he is disabled and was once considered hopeless is what is going to be passed down to our future generations. My children are much better people because of having ben exposed to him. Our family is closer as a result of his circumstances. All of these things can be directly attributed to him.

225 posted on 10/25/2003 4:47:45 PM PDT by PleaseNoMore
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To: NYer
Here is the email address of Bishop Robert Lynch of Florida. We all need to write him.

I'm catholic and plan on giving him a piece of my mind!

comdosp@aol.com
226 posted on 10/25/2003 4:50:50 PM PDT by diamond6 ("Everyone who is for abortion HAS been born." Ronald Reagan)
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To: diamond6
bump
227 posted on 10/25/2003 4:59:51 PM PDT by diamond6 ("Everyone who is for abortion HAS been born." Ronald Reagan)
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To: NYer
When I went to the link last night or early a m, it was gone. I tried again, and the story came up. Maybe it has to do with traffic?
228 posted on 10/25/2003 5:19:07 PM PDT by windchime
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To: PleaseNoMore
I've learned so much from the posts about your nephew on various threads! It's a reminder of how much "quality" there is in a life that many people believe is totally worthless.

229 posted on 10/25/2003 5:54:17 PM PDT by Tax-chick (Celebrate my son's 7th birthday on October 31!)
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To: sandyeggo
Thumbs up and thanks!
230 posted on 10/25/2003 5:59:35 PM PDT by utahagen
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To: Tax-chick
I have learned so very much from him as well. I look at the road he was taking as a teen and how troubled it was. His accident was a result of that troubled youth. God has spared him for a reason. Twice he should have died according to coventional medicine but didn't. My husband was very standoffish when around him when we first started bringing him to our home. He has learned so much compassion as result of this although he has said many times that he would not want to be like Chuck. I respect that and understand it. We have our desires in writing now. We did that a couple of days ago.

I might mention that Chuck is the same age as I am. We are both 36. It is strange sometimes seeing the boy I grew up with become the man that he is. I think that is one of the things that really bothers my husband as he knew Chuck from his teen years too. The evidence that it can happen to any of us is literally in our home. I put Chuck to bed a little bit ago and I climbed in beside him to rub his hair for a bit and just told him how much I loved him. I told him that I was thankful that he was still in my life and went on and on about my feelings from him. Wouldn't you know I was answered back with his snoring, lol.

231 posted on 10/25/2003 6:14:21 PM PDT by PleaseNoMore
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To: NYer
"He has withheld her medical records from her family for the past 10 years!! "

A nasty little *******.

"What hospice takes in "long term" patients? Here in NY, there are LONG waiting lists to enter a hospice. You don't enter until the very last stages of life."

Hospice steps in ONLY when they have six months or less to live.

"He has appealed to and received an award from the court to use a portion of the litigation settlement to be used to cremate her immediately upon her death."

How nice. Have you read another doctors report that her original "injury" looks like the result of a "strangulation"? You should.

"What's he hiding?"

A failed attempt at murder.

232 posted on 10/25/2003 6:33:29 PM PDT by nmh
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To: PleaseNoMore
Like some of those "deep bonding moments" with my youngest (almost 2): "Don't you know you're the most wonderful baby in the whole world?" "DOWN! Get DOWN!"

But I was thinking this afternoon about my Pat, and your nephew, and realized that even if the baby only grew bigger, and never had any more physical or mental capacity than he has today, he would still be the same precious soul; we would still love him just as much; and he would be just as much a gift of God as any other person, regardless of ability or disability.

I'm a little older than you, and I've been concerned as I grow older that our next baby, or the next, could be handicapped, and how difficult that would be ... but your stories and others on these threads have helped me to get past that fear to a real appreciation of the value of a person regardless of handicaps. I'm very grateful!
233 posted on 10/25/2003 6:40:06 PM PDT by Tax-chick (Celebrate my son's 7th birthday on October 31!)
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To: NYer
Check this one out:

http://www.freerepublic.com/focus/f-news/1007951/posts

Especially this comment:

NEWS ABOUT TERRI SCHIAVO

"Dr. Hammesfahr emphatically stated that the neck spinal injury this patient incurred was by Strangulation."

234 posted on 10/25/2003 6:46:25 PM PDT by nmh
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To: nmh
Check this one out:

Oh my God!!! Strangulation!

Thanks for the ping. Looks like there has been lots of activity on that thread. I've bookmarked it and will ping it to my list, just in case someone else missed it.

I pray that a new investigation will come out of this.

Have you seen this one?

TERRI SCHIAVO TO DIE IN ATTORNEY'S "DEATH FACTORY"

Also, for several days now, I have been posting the story of Patti White Bull, a woman who emerged from a 16 year 'vegetative state'. That link went to an ABC News story. Today, the link went dead!

235 posted on 10/25/2003 7:10:18 PM PDT by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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To: NYer
We are the canaries in the mine shaft.
If we don't stop this, we're all doomed.

We're all just one accident away from being put to death ourselves. All it would take is one greedy relative and one dumb judge.

236 posted on 10/25/2003 7:32:00 PM PDT by Humidston (Do not remove this tag under penalty of law.)
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To: PleaseNoMore
The poster to whom you responded (NAL) has yet to address the fallacy I pointed out in its earlier postings, where it asserted that Terri is in misery, and we are mean to want to continue her misery, yet in other posts the same prick (a small nettle, of nuisance only) asserts that she is brain dead and should not be kept alive. I pointed out that to be in misery, the individual must be conscious of their existence and that the poster prick was basing its arguments upon a fallacy it had offered. The prick still hasn't addressed the logical fallacy it asserted, so why have so many wasted time exchanging with someone whose purpose is to irritate and aggrevate and never add anything to a discussion?
237 posted on 10/25/2003 7:59:56 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: NYer
"I pray that a new investigation will come out of this."

That and have Terri's attorney and Jeb Bush become more educated on the facts. Let God work through them.

"Have you seen this one? "

TERRI SCHIAVO TO DIE IN ATTORNEY'S "DEATH FACTORY"

No I hadn't seen that one but aware of the conflict of interest. This one gives more detail. Geesh. If this is being posted WHY aren't Terri's lawyers moving on this? I ear nothing about what they are doing. I'd bet there is a mountain of you know what going on there. Terri isn't the first. They are too arrogant. They've pulled this off before.

"Also, for several days now, I have been posting the story of Patti White Bull, a woman who emerged from a 16 year 'vegetative state'. That link went to an ABC News story. Today, the link went dead!"

That's no coincidence. I've seen links come and go when liberal stances are at risk. The media is determined to have Terri dead. The godless always wish death on others but God forbide they'll squeal like pigs if someone says an unkind word let alone try and hurt them.

238 posted on 10/25/2003 8:31:11 PM PDT by nmh
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To: All
I think you should send some of the material on this site to Larry King:

http://www.hospicepatients.org/Hosp-FL-Suncoast-entrypage.html

He may be a big pro death liberal but he also knows that a good scandal helps keep the TV ratings up. (Kobe is a good example of this.) And if this doesn't qualify than I don't know what does.


239 posted on 10/26/2003 12:15:29 AM PDT by Coral Snake (deathculture(HospiceOf TheFlorida$uncoast == Andersonville + Aushwitz)
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To: NYer
According to another thread, the author of this article is in danger of being sued by a loving and compassionate husband for slander or libel or something. This isn't murder you see, it is mercy.

I personally think it is murder, but I guess we aren't supposed to voice those things.
240 posted on 10/26/2003 12:26:33 AM PDT by ladyinred (Talk about a revolution, look at California!!! We dumped Davis!!!)
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