Burden of Proof: The Killing of Terri Schiavo

Washington Dispatch ^ | October 24, 2003 | Judie Brown

[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.

[stands2reason]

Think of the parents of disabled children....you know they're wondering, "What will happen to my child after I pass away?" Anyone other than a parent may find that person a "burden" and may legally starve the child to death....especially someone who doesn't have experience (or the patience) tending to a physical and/or mentally disabled person. It's hard enough for these parents without having to consider this....

[stands2reason]

Someone on another thread said (paraphrase):

"Imagine a patient dying of AIDS, the "life partner" wanting to keep him alive, and the parents wanting him dead. How do you think all these liberal groups would have responded?"

[stands2reason]

And wouldn't these be the same people that would argue for elevating animals to the status of near "personhood?"

You can't expect logic from pro-abortion vegans.

[stands2reason]

Do you believe it is reasonable to dehydrate/starve to death brain damaged persons who haven't specifically requested it?

[stands2reason]

I put question to you on post #244 that I would really appreciate you answering. If you do, you will be the first one to answer this question which I have posted to many different posters on this forum. None bothered to respond to me. I don't think it's an unfair question. If you think it is, I'd like to know that, too.

[Robert Drobot]

You are doing yeoman's work with the posting of this thread and Doctors defend life for Schiavo

Both articles go to the heart of how this most grievous abuse of judicial discretion in American history could take place with the complicit passive and active participation of the media and the Roman Catholic Church.

The evil sister of legislative and executive slovenliness in Florida has reared it ugly head in the form of that states' judiciary system.

It should be clear to anyone that the 'emergency session' was nothing more than a concocted sham by the 'system' in it's attempt to shield itself from deserved public condemnation.

Terri was to be saved by the passing of 'Terri's Bill'.

In reality the bill did nothing to disarm the courts and Michael Schiavo. It was a blatant media fabrication (LIE) perpetrated on the America, much the same as it purposely misrepresented Terri as being comatose for the past thirteen years.

The bill did nothing to correct the blank check judicial power in Florida over Citizens labeled a 'ward' of the court - power given over to the courts by the Florida Legislature.

There has never been a neutral advocate for Terri. This includes the individual now proposed by the court to act ad litem.

Further, it is unconscionable that the 'system' and the media refuse to acknowledge the obvious conflict in interest Michael Schiavo has in his court appointed role as Terri's 'guardian' - having fathered two children by another woman as Terri lies in her hospital bed.

As for the silence of the Roman Catholic Church, I would urge anyone with time to follow the money relative to how much the church is invested in convalescent homes where the disabled and aged are confined.

It would be interesting to learn how much money is passed on to the church from this vulnerable source.

It might also be of interest to learn if the same circle of medical and legal professionals are active in these 'homes' regarding their opinions relied upon by the courts about who's next on the 'right-to-die' assembly line shut off valve.

Seems like a very, very lucrative business -this dieing with dignity thing. Especially if an institution was seriously strapped for cash for some reason.

Could it be the Roman Catholic Church in America is conflicted about how it cares for its flock? Could this be the reason for its luke-warm pronouncements that failed to directly challenge Florida's murder of Terri Schindler-Schiavo?

God only knows.

[Pegita]

There will always be a pitched battle between the forces of good and evil, RD ... different subjects, same battle. "Be not weary in well doing .."

It will be worth it all, when we see Jesus, it will be worth it all, when we see Christ .. One glimpse of His dear face, all sorrow will erase, so bravely run the race ... Till we see Christ.

[Lion in Winter]

Well, aren't you special? NOT!

[Robert Drobot]

It was wonderful to see members of the World Champion Marlins giving public praise to Jesus for their good fortune tonight!

I also know that God Almighty has heard our pleas for Terri's sake, and I am comforted knowing it is in all in His hands - that His will be done - not by the act of any mere mortal but rather according to His time and His way.

[cyn]

There is so much in this that hasn't made sense to me, incl. why the legislation did not allow for an immediate advocate for Terri. It's tough for them to understand all aspects of all issues brought before them, but if only, if only they had addressed the fact that Terri has not had representation, it would enable us -- and Terri -- to breathe easier now.

re: the role of the Catholic church in this -- you'll know how this works better than I, but there is an apalling lack of support for Terri & the family bc it was forbidden to get involved by the hierarchy. I am thankful that God does not desert us the way man can and does. May this experience draw each of us closer to God, for this is ultimately a spiritual battle. Thanks for the post, and best to you!

[Normally a Lurker]

Do you believe it is reasonable to dehydrate/starve to death brain damaged persons who haven't specifically requested it?

Your question tries to over-simplify an extremely complex issue.

The answer would depend on a setailed analysis of a wide range of associated circumstances involved in the specific case.

Let me reverse the question: Do you think it is reasonable to artificially sustain such a person for many years when it's possible or even probable this would be against their wishes. (To me, and for me, such a fate is much worse than death.)

In either case, I think that the legally designated decision maker can and should apply criteria to the set of circumstances that they would use if making such a decision about theirself - i.e., what their own decision would be about theirself if they were in such a situation.

[Normally a Lurker]

Well, aren't you special? NOT!

I never said that I thought I was.

OTOH though, I'm absolutely certain that YOU are just the mosy special thing that ever existed.

BTW, what subject are you debating - do you have any opinions on it - or do your opinions just extend to personalities?

[getmeouttaPalmBeachCounty_FL]

Thank you for sharing your story.

I wonder what gesture your nephew might give to FL Judges and Terri's so-called husband?
;)

[getmeouttaPalmBeachCounty_FL]

I'm a Catholic, too, and I've been calling for Catholic FReepers to FReep their local Diocese.

A month ago, I spoke to a Sister Therese about my disgust with the stance, or lack thereof, that the Catholic Church in Florida has taken re: Terri Schiavo. According to this nun, she had not even heard of Terri's plight prior to my mentioning it.

After giving her a three minute overview, her reply was one which defended the FL Bishops, stating that "sometimes it is more merciful to allow a person to die." Lovely, huh? When I then moved her perspective over into the Capital Punishment and Roe vs, Wade arenas, she basically folded her hand by stating she was leaving our Churches decisions to the Bishops.

So, when the Devil wants to lead God's flock astray, he need only don the garments of our Church leaders...

Excuse me, while I go throw up, Sister.

[getmeouttaPalmBeachCounty_FL]

October 23, 2003

May God Bless and Keep Terri Schiavo
Tallahassee -- Following recent action by the Florida Legislature and Governor Jeb Bush to reinsert her feeding tube, we urge continued prayers for Terri Schiavo, and all in her family.

In the face of certain criticism and strongly expressed legal objection, the Governor and lawmakers have bravely risked erring on the side of protecting life. We applaud this courage and pray with them that clarity and resolution will follow in this tragic case.

In their August 27, 2003 statement, the Florida Bishops acknowledged the limitations on the court’s ability to consider new evidence, but said in matters of life and death exceptions should be made. They urged additional time to allow greater certainty as to Terri Schiavo’s true condition. The court’s order to withdraw her feeding tube, repeatedly upheld by the appellate court and refused for consideration by the Florida Supreme Court, is based on its finding of “clear and convincing evidence” that she would wish to have her feeding tube discontinued. The courts’ rulings reflect careful deliberation. Still, strong and genuine belief persists that new medical treatment will help her condition, and affidavits by physicians and others have created doubt that removal of her feeding tube is what she would want.

In their statements concerning Terri Schiavo, the Florida Bishops and Bishop Robert N. Lynch of the Diocese of St. Petersburg, have clarified the Church’s teaching about when it is permissible to withhold or withdraw nutrition and hydration. They have made clear that there should be a presumption in favor of providing medically assisted nutrition and hydration as long as it is of sufficient benefit to outweigh the burdens involved to the patient. They clarified also that there are times when one may refuse treatment, if it would result in a burdensome prolongation of life and that this may be properly seen as an expression of our hope in the life to come.

The Legislature will undoubtedly consider Florida’s Life-Prolonging Procedure Act during the 2004 session. The statutory definition of Persistent Vegetative State (PVS) does not square with clinical diagnoses of this condition. Clarity is needed here, but regardless of how this case is resolved, it must never be assumed that a PVS patient should automatically have nutrition and hydration removed. This should never be done without clearly knowing the patient’s wishes.

It is our ardent hope that while the judicial system further considers this extraordinary and extremely difficult case, that a true and convincing picture of Terri’s wishes and her condition will emerge. This case is even more tragic because the courts are to decide this matter instead of her family. A clear message to all of us is the responsibility to convey to our families and loved ones our wishes for treatment at the end of our lives.

May God bless and keep Terri Schiavo.

D. Michael McCarron
Executive Director

http://www.flacathconf.org/what'snew.htm

[Theodore R.]

I just show a short report on NBC TV news Sunday morning, with, I believe, Terri's "brother-in-law," (Scott Schiavo?) advocating her death and the father and brother trying to defend her. (The report was in progress when I started seeing it.)

Bob Schindler, Jr., brought up the possibility of "foul play," but the NBC correspondent, said, "Don't you have other things to worry about now?" The "foul play" possibility is not being accepted by "big media."

Terri is in as much danger now as she was prior to Oct. 15.

I now believe that she would be in better shape "legally" if Bush had acted with a regular executive order (as recommended by 12 legal scholars) and not a legislative act. It would have been harder and longer to challenge an executive order than it will be for the liberals to get this "Terri's law" struck down. I hope I'm wrong.

[Theodore R.]

an extremely complex issue

Liberals have long called issues "complex" when most moral concerns are simple -- right or wrong. Even people without a firm biblical foundation can generally through conscience know what is "right" or "wrong." The Terri case is just too simple for many to understand. She has the right to life, the right to therapy under various federal and state rehabilitation laws, the right to be removed from a destructive guardian under FL law. It's not "complex."

[EODGUY]

My stomach turns every time I think of my tax dollars being used to fund the ACLU, now avid supporters of Michael Schiavo. Why aren't they fighting for the protection of Terri's civil liberties and ultimately her life??

[slimer]

New Petition to Ascroft and Justice Dept.

Keep up the fight!

[Theodore R.]

No, it was Scott Swope, a colleague of George J. Felos in this case, who was on NBC morning news today defending the starvation of Terri, not Scott Schiavo, the brother of Michael R. Sciavo. However, Scott Schiavo says that he too heard Terri say that she did not want to be kept alive "artificially" in event of some disaster. That is one of the "witnesses" that George W. Greer is using to justify his starvation order.