Burden of Proof: The Killing of Terri Schiavo

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.

Excellent point about Reeve.

You can bet your life savings that "Superman" doesn't chow down on 1" porterhouse steaks! Anyone know how he is fed?

There are many other examples as well. How about this guy?

Famed physicist Stephen Hawking, travels around the world giving lectures! Say what?? He is completely paralyzed, except for 3 fingers. He can no longer verbalize and communicates with "grunts" that are 'interpreted' by an aide. Where's the clamor to terminate his life??? He can neither write a living will nor dictate one. Judging by his condition, I don't imagine he dines on Kentucky Fried Chicken.

Terri could eat if she were retaught but the courts have denied her THAT right, as well. The fiendish hubby and lawyer have even gone so far to petition the courts to allocate a portion of the funds awarded for her rehabilitation, to be used for her cremation!

Oh, and here's the best part, after the tube was removed, her pastor, Fr. Malanowski came to administer the Last Rites and was threatened with arrest for attempting to give her a sliver of the Eucharist. Reason? It is considered "sustenance". As catholics, we would agree but to deny a dieing person the last sacrament goes well beyond evil!

Physical or mental perfection was never a requirement for the sanctity or preservation of life in the eyes of our Lord, based on my reading of scripture.

You're right ... but this unChristian idea seems to be at the heart of the public reaction to this case.

The question people are debating is, "Are we going to allow the disabled to live?" There's an almost overwhelming rejection of the value of a disabled person's life. Even many FReepers' comments are on the order of, "I'm making sure my Living Will makes it perfectly clear that I want to be DEAD, rather than disabled." And much of the discussion of Terri Schiavo seems to suggest that, if her condition never improves, then at some point in the future it would be acceptable to kill her.

It's a fearful prospect, being severely disabled, and something new for me to address spiritually ... I believe I'm prepared to die and be with the LORD, but am I prepared to accept that His will may allow me to be disabled, helpless, a "burden," perhaps for many years?

In a way, it's a parallel to our spiritual condition: we are all "disabled" before God, unable by our own efforts to overcome our sin and be united with Him. If we accept this, why can't we accept that we may at some time be physically disabled, and reliant on the "grace" of others for the continuance of our physical lives?

IMP Dr. Michael Baden, forensic pathogist, who finally got info from Terri's initial injuries -- in interview w/Greta Van Susteren ontherecord@foxnews.com -- pls pass this on.

http://www.freerepublic.com/focus/news/1007658/posts?page=110

Transcript of Greta's "On the Record" - Schiavo segment - Friday 10-24-03

Greta: And now for a medical condition sparking national controversy, Terri Schiavo, of Florida, has been been in a vegetative state since collapsing in 1990, from what doctors say was a potassium imbalance, that stopped her heart.

Greta: But according to the Orlando Sentinel, Terri's family says a doctor who at their request, reviews Schiavo's medical records, found she was admitted to the emergency room, with a "rigid neck".

Greta: Forensic Pathologist, Dr. Michael Baden joins us from New York.

Dr.Baden: Hi,

Greta: Welcome, Dr. Baden,

Dr.Baden: Hi,

Greta: Dr. Baden, a potassium imbalance... lets first talk about... if you had a potassium deficiency, can that cause the condition that Terri Schiavo had?

Dr.Baden: Umm, CAN, but UNLIKELY.

Dr.Baden: Potassium is very interesting , its probably the most lethal poison we have when it is injected rapidly, and thats why its the poison that kills people in capital punisment by lethal injection.

Dr.Baden: And it stops the heart from beating properly. Too much of it. But also, too little of it, hypo-potassium, can also cause the heart to stop beating properly, and lead to lack of blood flow to the brain, and death of brain cells by lack of oxygen.

Greta: All right, would it, would it...

Dr.Baden: But thats very unusual Greta, extremely unusual.

Greta: A normal healthy woman, ahh, I assume would have no reason for instance, to take potassium supplements unless perhaps she was on a dieuretic, or had some other medication that would cause a potassium depetion. Is that right?

Dr.Baden: That is correct.

Greta: All right. Um, is there any explanation in your mind, and I realize you were not her treating physician, but why would a woman her age have a potassium, umm, imbalance?

Dr.Baden: Extremely unlikely..., unless she had certain kinds of diseases, which she doesn't have. She was in her 20's... the reason she is in the state she is in is because there was a period of time, maybe 5 minutes or 8 minutes when not enough oxygen was going to her brain. That can happen when the heart stops for 5 or 8 minutes, but she had a healthy heart from what we can see.

Dr.Baden: The other thing though...

Greta: (interrupting)

Dr.Baden: I'm sorry, Greta?

Greta: No, go ahead...

Dr.Baden: Your staff has provided me with a bone scan that you guys obtained... ummm, from her initial admission, in 1991 to the hospital. And that bone scan describes her as having a head injury.. thats why she's there..., thats why she's getting a bone scan. And a head injury can cause, umm, can lead to the vegetative state that Schiavo is in now,

Dr.Baden: ...and it does show evidence that there are OTHER injuries, other bone fractures, that are in the healing stage. So thats...

Greta: Alright, alright, let me back up for a second... head injuries... Could she have had, umm, could she have passed out from a potassium imbalance, causing you know, falling, hitting her head, head injury. Is that what you're talking about... or are you suggesting some sort of pre-existing injury to her passing out...

Dr.Baden: Something... something totally different. That its extremely rare, for a 20-year old to have a cardiac arrest, umm, from low potassium, who has no other diseases.

Dr.Baden: So the other issue, is could it have been due to some other cause? which is raised by the family, HAS to be looked at.

Greta: Alright, in the 20 seconds we have left... other injuries... bone injuries... what does that suggest to you?

Dr.Baden: That... some kind of trauma. The trauma could be from an auto accident, the trauma could be from a fall, OR the trauma could be from some kind of a BEATING that she obtained from somebody, somewhere.

Dr.Baden: Umm, its something that SHOULD have been investigated in 1991, when these findings were, ahh... found...

Greta: ...were fresh.

Dr.Baden: yes, And maybe they were. Maybe they were investigated by the police at that time.

Greta: Alright, thats it, Michael Baden, thank you

Dr.Baden: Thank you.

110 posted on 10/24/2003 10:30 PM PDT by FL_engineer (Freedom_Loving_Engineer)
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