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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: Tax-chick; NYer
"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?"

Your comment is the crux of the importance of the sanctity of those among us who may not enjoy physical "perfection" or normalcy. Consider the impact on the millions of people in our country (in spite of the lack of substantive media coverage) that Terri's condition has inspired. Think of the billions of prayers that have been offered on her behalf, a person who few who offer those prayers know. The presence of God's creatures like Terri give us an opportunity to "love our neighbor as we love ourselves".

I share your trepidation about physical disability. I have always been very comfortable providing help to those who need it, but very self-conscious and reluctant to accept help from others.

Terri's life has impacted congitively and most importantly, spiritually, on millions of us in a way that only she, in her silence, could accomplish.

God bless,

EODGUY
41 posted on 10/25/2003 8:11:00 AM PDT by EODGUY (Terri still needs our prayers, as do the bishops of Florida, apparently.)
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To: All
In case it has not been posted yet, the campaign for killing begins. Michael Schiavo will be guest on Larry King Live Monday night.
42 posted on 10/25/2003 8:17:54 AM PDT by BonneBlue
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To: Tax-chick
The question people are debating is, "Are we going to allow the disabled to live?"

Liberals are so funny (and pathetic): my local supermarket has a (government mandated) disabled parking space at its door for every truly disabled person within a thirty mile radius (which is roughly how far away a non-disabled person must park when visiting this grocer.) Yet, liberals and government are trying to kill this poor woman, setting the precedent they need to rachet up the left's "right to die" jihad of euthanasia. Ironic.

43 posted on 10/25/2003 8:18:03 AM PDT by gg188
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To: pickyourpoison; NYer
The Catholic Church is VERY remiss in this, they have spoken-out in favor of life for MURDERERS on death row but NOT for an INNOCENT disabled victim like Terri.
44 posted on 10/25/2003 8:23:51 AM PDT by LibertyAndJusticeForAll
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To: NYer
Thanks for posting this, it is probably the best article I've read concerning Terri, and says everything I've been wanting to say and couldn't find the words. I intend to copy it and put it up on every bulletin board I can find, along with a Free Republic sign and a headline of
We are allowing MURDER in America.
45 posted on 10/25/2003 8:24:01 AM PDT by trustandobey (I SUPPORT LIFE)
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To: isthisnickcool
Imagine: if someone were caught starving a dog, that person would be jailed. If he somehow was getting away with it, there are probably 1000 women in my little town alone who would be PMS-ing their way into a frenzy against him, ready to scratch his eyes out.

If the government were starving a child killer or mass murderer, first, France would make him and honorary citizen, universities would shut down in protest, and prison vigils and hand-wringing would be reported for the first 10 minutes of every nightly network newscast.

46 posted on 10/25/2003 8:25:07 AM PDT by gg188
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To: EODGUY
"She could be feeding herself and possibly able to communicate in a rudimentary manner."

And even after years of rehabilitative and sensory deprivation she laughs, she cries, she tries to speak, and she responds to commands. Never heard of a vegetable doing that, except for in cartoons.

47 posted on 10/25/2003 8:28:03 AM PDT by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: LibertyAndJusticeForAll
"True, especially in the very liberal counties that are so keen to see people with Terri's disabilities die."

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

48 posted on 10/25/2003 8:30:51 AM PDT by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: sweetliberty
It provides further evidence of what she could be capable of now had therapy and rehabilitation been begun immediately after the "injury".
49 posted on 10/25/2003 8:34:05 AM PDT by EODGUY (Terri still needs our prayers, as do the bishops of Florida, apparently.)
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To: sweetliberty
Exactly, in San Francisco, I understand, you cannot "own" your pet, you are simply a pet guardian (or something like that).

In these liberals' minds, animals have more rights than innocent, helpless human beings.
50 posted on 10/25/2003 8:34:11 AM PDT by LibertyAndJusticeForAll
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To: Notwithstanding
"making a mockery of his claim to love his actual wife "til death do us part".

Aaaaawwwww.....cut the guy some slack. He's trying to make up for his mistake by taking care of that "death do us part" thing. < /sarcasm >

51 posted on 10/25/2003 8:35:55 AM PDT by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: NYer; GatorGirl; maryz; *Catholic_list; afraidfortherepublic; Antoninus; Aquinasfan; Askel5; ...
Ping.
52 posted on 10/25/2003 8:36:04 AM PDT by narses ("The do-it-yourself Mass is ended. Go in peace" Francis Cardinal Arinze of Nigeria)
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To: EODGUY
Oh she did receive some therapy and rehabilitation after the injury. She was even saying a few words and using some gestures to communicate. Her parents were allowed to take her home and on outings. She was being fed some things by mouth. But then the HINO got the settlement money and denied her furthur rehabilitation. The result is what we are seeing now.
53 posted on 10/25/2003 8:40:58 AM PDT by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: LibertyAndJusticeForAll
It seems there is always a tug on society to pull us back into animal- and nature-worship, as pagans did (and do) without the benefit of Judeo-Christian truths. It's like there is a natural tendency---seen in the Bible, seen in Islam, seen in atheism, seen in the Democratic party---to return to worship of animals and to devalue human life and discount its meaning. I am thinking of: the scene Moses sees when he comes down with the 10 Commandments; or, the reversion of the boys in "The Lord Of The Flies" to feral heathens; or most any PETA statement or function.
54 posted on 10/25/2003 8:42:08 AM PDT by gg188
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To: NYer
"Doctors say Terri Schiavo is brain dead."

That's how ABC radio news characterized Terri in their 11 a.m. news break today (Saturday October 25).

I am royally steamed. Am emailing ABC radio news to challenge them to produce just one doctor who will say Terri is "brain dead."

Anyone who wants to join me, here's their email contact site: abc radio networks.

55 posted on 10/25/2003 8:43:25 AM PDT by shhrubbery!
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To: NYer
The Catholic Bishops didn't fight Michael when he wouldn't let a PRIEST in to see her!! Disgustng.
56 posted on 10/25/2003 8:44:59 AM PDT by Ann Archy
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To: gg188
Interesting analysis! I had not thought of the specifically animal/nature worship filling the void left in the absence of Judeo-Christian ethics.
57 posted on 10/25/2003 8:46:30 AM PDT by LibertyAndJusticeForAll
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To: livius
The hierarchy of the Catholic church has been a disappointment - and not just in Florida.
58 posted on 10/25/2003 8:46:42 AM PDT by ladyjane
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To: NYer
You forgot to add in red that Husband lives with pregnant girlfriend and has a child.
59 posted on 10/25/2003 8:47:30 AM PDT by Ann Archy
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To: cyn
Thank you for the transcript.

I'm emailing to Greta to thank her.
Ontherecord@foxnews.com

So far she has been the only one to point out that this might be attempted murder by the husband.

The others have been protraying this adulterer and all around evil person as a "loving husband".
60 posted on 10/25/2003 8:48:34 AM PDT by FR_addict
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