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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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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.
1 posted on 10/25/2003 6:00:26 AM PDT by NYer
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To: Mr. Silverback; luv2lurkhere; Budge; floriduh voter; summer; Coleus; amom; ruoflaw; submarine; ...
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.

TERRI SCHIAVO PING! – let me know if you want on/off this ping list


2 posted on 10/25/2003 6:02:56 AM 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
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.........
3 posted on 10/25/2003 6:08:01 AM PDT by isthisnickcool (Guns!)
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To: american colleen; sinkspur; Lady In Blue; Salvation; Polycarp; narses; SMEDLEYBUTLER; redhead; ...
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.

Catholic Ping List - let me know if you want on/off this list

4 posted on 10/25/2003 6:11:43 AM 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
Well, we have arrived. In America today, we have good murder and bad murder. Good murder is murder for your own good...or...wait...murder of the unborn...because that new life is an inconvenience. Then, there is bad murder which is....oh...I'm getting confused.

Terri Schiavo is not the one who should be denied all food and water until death by starvation but there is a long list of heartless SOB's who should be.

5 posted on 10/25/2003 6:14:50 AM PDT by NoControllingLegalAuthority
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To: NYer
Please add me to Terri's Ping list.

Thanks and God bless you.
6 posted on 10/25/2003 6:21:39 AM PDT by jonno
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To: NYer
Catholicism has gotten into bed with leftism and is ready to have its baby.
7 posted on 10/25/2003 6:27:35 AM PDT by Agnes Heep
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To: NYer
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.

If this is an accurate summary of the Bishops' position (we all know paraphrases can mislead) then they are way out of line with correct teaching.

Even if, with every effort to help her, Terri were to remain in precisely the same condition for the next 50 years, it would be totally contrary to the Church's teaching to deprive her of food and water. THOU SHALT NOT KILL INNOCENT PEOPLE, PERIOD.

The LORD, in His mysterious providence, permits the Church to suffer under "shepherds" such as these. How long, O LORD?

8 posted on 10/25/2003 6:29:54 AM PDT by Tax-chick (Blessed Teresa of Calcutta, pray for us!)
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To: NoControllingLegalAuthority
Good points all. The "world" seems confused by a lot of things these days. That confusion can be exploited by a whole pot load of basically evil folks with agendas on their mind.
9 posted on 10/25/2003 6:32:47 AM PDT by wita
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To: isthisnickcool
Did the dirtbag husband just say that Terri did not want to go on if she was left in a vegatative state, or is there a living will because if there is not these bastard judges made a serious error in granting him the mandate to murder his former wife...

Thank God Bush had the presence to step in and stop the B.S.

These heathen backward evil egalitarian ruminators are going to get a war they never dreamed of if this keeps up.

10 posted on 10/25/2003 6:33:04 AM PDT by sirchtruth
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To: Agnes Heep
Catholicism has gotten into bed with leftism and is ready to have its baby.

Nonsense! That's like saying that because NOW supports abortion, all women are "pro choice" feminists.

11 posted on 10/25/2003 6:34:16 AM PDT by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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To: sirchtruth
No living will; just his years-after-the-fact statement, "confirmed" by a couple of HIS relatives, that "she wouldn't want to be kept alive artificially" or something to that effect.

Of course, if these were her expressed wishes, you would expect her husband to have made sure she was given the most skilled rehabilitation treatment, so that she could live without the feeding tube, but, you'd be wrong ...
12 posted on 10/25/2003 6:36:49 AM PDT by Tax-chick (Blessed Teresa of Calcutta, pray for us!)
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To: .38sw; 11th Earl of Mar; 2nd amendment mama; 2ndMostConservativeBrdMember; 4Godsoloved..Hegave; ...
LIFE and LIBERTY ping...
13 posted on 10/25/2003 6:38:27 AM PDT by EternalVigilance
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To: sirchtruth
Did the dirtbag husband just say that Terri did not want to go on if she was left in a vegatative state, or is there a living will because if there is not these bastard judges made a serious error in granting him the mandate to murder his former wife

She is not in a PVS, nor is she on life support. A gastronomy tube is just that - a feeding device for those who can't swallow.

Christopher Reeve is on life support. Pull the plastic tube from his gullet and he would be dead in 5 minutes. Terri breathes on her own. Here is a summary of the facts.

Man "finds" Wife unconscious.

Man keeps Wife unconscious.

Man gets malpractice money for Wife.

Man wants Wife's money.

Man wants Wife dead so Man can have money.

Man gets Lawyer.

Lawyer is/was Hospice Board Member.

Lawyer promises Man that Wife will die at the Hospice...

14 posted on 10/25/2003 6:44:30 AM 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
The inaction and silence of the Catholic bishops has been one of the ugliest things about this.

Particularly revolting was the action of the bishop of Terri Schiavo's diocese, Bp. Lynch, who forbade his clergy to visit her or have anything to do with the case. But then, he's probably too busy drooling over his latest triathelete "Adonis" to have any time for the flock.
15 posted on 10/25/2003 6:48:34 AM PDT by livius
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To: NYer
If everything quoted in the article is correct, it appears Florida's Catholic hierarchy has a unique definition of what constitutes "life". 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.

I hope all elderly Catholics who flock to Florida to live the remaining years God has given them on earth heed the quandry facing the bishops in that state.....it may someday affect them or a member of their family.


God bless,

EODGUY
16 posted on 10/25/2003 6:48:34 AM PDT by EODGUY (Terri still needs our prayers, as do the bishops of Florida, apparently.)
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To: NYer
Excellent point about Reeve. One can only imagine the condition Terri would be in if she had been the recipient of $750,000 worth of rehab therapy!!!!!

She could be feeding herself and possibly able to communicate in a rudimentary manner.
17 posted on 10/25/2003 6:54:27 AM PDT by EODGUY (Terri still needs our prayers, as do the bishops of Florida, apparently.)
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Comment #18 Removed by Moderator

To: livius; EODGUY
*The inaction and silence of the Catholic bishops has been one of the ugliest things about this. *

There are many other bishops across the US who have spoken up. You will find their support at this link.

CURRENT NEWS

Note too, that Fr. Rob, who runs the THROWN BACK blog, has been granted permission by his bishop to drive down to FL from MI. He arrived the same day that Terri's feeding tube was re-inserted.

Has anyone checked the USCCB web site for a possible statement?

19 posted on 10/25/2003 6:59:54 AM PDT by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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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........."

True, especially in the very liberal counties that are so keen to see people with Terri's disabilities die.
20 posted on 10/25/2003 7:01:28 AM PDT by LibertyAndJusticeForAll
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