Replies

Umm, there is a second thread on the Mary Jo article I posted at. Would rather post here. Might provide better go-forward basis.

Flattorney - Thanks for great thread start. I must have received 50 emails from people wanting the complete Attorney Pearse’s GAL Affidavit since I/we wrote about it on another thread.

Here is what I posted on the other Mary Jo Article thread, see what you think in this matter:

1...Cannot trust anything Mary Jo Melone has to say about this case. She has no credibility with the facts IMO.

2...Key Schindler Group people in Terri’s Case should still contact Attorney Pearse. However, he still may not help as he has other issues here, but worth the effort. Pearse had many other comments in his GAL Affidavit regarding Michael, other than the $700k money issue. Most newer people to this Case have never read his full ten page GAL Affadavit.

Pearse is probably not aware of the recent facts involving how Michael utilized this money. I/we, well understand the “legal loopholes” that Michael-Felos-Greer are utilizing to use Terri’s Trust money to pay legal fees. I/we/our attorney’s still think it is illegal, and a violation of the Malpractice Settlement Agreement and the responding Trust Agreement. I have included Attorney Pearse’s public available information as attached below for anyone interested.

3...Regarding Attorney Pearse’s comments in Mary Jo’s current article - The Inside Skinny:

I live in Miami and understanding Florida laws and “backwoods” politics very well. See my FR personal profile for more info, if this is your pleasure. No disrespect intended, but many FR poster’s on the Terri Schiavo Case do not understand the many extreme complexities and “backwoods” politics involved here and accordingly they reach erroneous and/or emotionally driven conclusions. Again not trying to be demeaning, this is just one of the most complex Cases, overall, I have seen in almost thirty years. This Case has broad reaching ramifications that affects the entire County, our U.S. Healthcare policies in this matter, the positions of the American Medical Association, and the positions of the Florida Department of Health.

Florida “Powers” didn’t want this Terri Schiavo Case to spill into the National media spotlight. They tried everything possible to sweep this deal under the carpet and even Washington was involved. Most people have no idea how close the “Powers” came to being successful in sweeping Terri’s demise under the carpet and shrugging their shoulders, saying “we did all we could”. However, through a lot of hard work, and God’s grace, Terri’s Law got passed. Once again, trust me, you have no idea how close Terri’s Bill/Law came to be defeated, and if the Terri’s Right-To-Life Movement had to do it again next week, we would not be successful this time.

NOTE:-It’s interesting all the organizations around the U.S. taking credit for making Terri’s Law a reality. Yet I have not seen one forum post, or a National or Local media article, on the one organization who really put that Terri’s Bill over the top. Without that ONE organization, Terri’s Bill would have never happened, much less become Law. (No, I am not taking about us, we don’t have that kind of horsepower, never will)

It is a 99% foregone conclusion, by the Floridian “heavy weights in the know” that Terri’s Law will be struck down by the Florida Courts. There are many valid reasons for this that I will not delineate in this particular post. This still doesn’t mean it is going to happen, but the odds highly favor it. The Floridian “old-line” Judges, the Florida Bar Association, the Clearwater Bar Association, and others want Terri’s Law nullified for a “political message” to “certain people”. Also Florida has the most liberal Supreme Court in the County, and some of the most strict-liberal Right-To-Privacy and Right-To-Die laws in the Country. Why do you think that the National Right-To-Die maggots(IMO) picked this Schiavo Case as a National Test Case. It wasn’t an accident or because they like fresh orange juice.

I/we have seen many people like Attorney Pearse, change their public, but not private, opinion on the Terri Schiavo Case since Terri’s Law was signed by Governor Bush. I am not questioning this attorney’s credibility whatsoever. I am just stating that unfortunately they are much bigger forces/currents involved here that just Terri’s Life or Death Interest. It’s a very sad fact, but nevertheless a fact. I wish some people could wake up before it’s too late.....probably 4-5 ways Terri's Case can still be lost.

Interesting, Attorney Pearse, made a different statement in the press on this subject, just four weeks ago...of course the "trade winds" changed.

These larger agenda’s create great danger to the lesser informed......

Attachment
---------
Florida Bar Attorney Profile-OnLine Public Information
Richard Lee Pearse Jr
FBA 282723
Member in Good Standing
1239 S Myrtle Ave
Clearwater Florida 33756-3469
Phone: 727/462-9009
Fax: 727/449-2205
E-Mail: rlp@pearse.net
County: Pinellas
Circuit: 06
Admitted: 10/22/1979
Board Certification:
Elder Law, General Practice Solo and Small Firm, Real
Property Probate and Trust Law, Trial Lawyers Members
in Good Standing.

Thanks for your insight into the behind the scenes machinations, and would be interested in your response to this very timely column written by one of the co-sponsors of Terri's Bill in the House, Frank Attkisson:

Law shouldn’t be used to take away a life

As I see it

By Frank Attkisson

Recently, the Florida Legislature became involved with the Terri Schiavo situation. Because of the significance of the case, and as a prime co-sponsor in the Florida House of the resulting bill, I want to share my view and reasoning for my support of the bill.

Initially, most would look at this as a judicial issue and feel that the Legislature should stay out of it. In this case, we must examine the laws that the courts have interpreted to see if we, as Floridians, truly want these laws controlling our families and individuals in the matter of death.

As I looked at the case I saw three troubling issues.

First, an individual having the responsibility for life or death decisions with regard to a family member must be unbiased and without conflict in the process. The allegation of money being left for the surviving spouse in this case shows a potential conflict of interest that should be removed.

Second, it is known that Mr. Schiavo has a fiancée who has been living with him for at least the last 6 years and who will soon bear a second child fathered by him.

What woman would want an individual making life or death decisions when they have to factor in their statutory responsibilities to other children they have fathered during the illness. This at least calls for an independent guardian ad litem to review the situation, which is what this legislation does. What woman would want an adulterous husband who has been living in this situation for the past 6 years making a life or death decision on her behalf? She is not capable of asking for a divorce, much less requesting another guardian.

Third, Florida’s contract law doesn’t allow verbal promises or intent to overcome specific wording of a contract or for an individual to make a verbal statement of his intent to leave assets to an individual; in this case, life is at stake instead of property and our statutes permit oral statements to determine whether someone lives or dies. Yet, in this case we allow a simple statement made following an emotional movie some 15 years ago to be a controlling factor of the individual’s intent and the statement was not even mentioned in the previous law suit when he stated he would care for her until she dies.

Family members must be allowed to make personal decisions concerning their loved ones when their loved ones are not able to make the decisions on their own. We owe it to the individual to ensure that the decision maker is unbiased and free of conflict when he or she must make the call.

The facts raised enough questions that the Legislature felt compelled to act to make sure our most vulnerable citizens have every opportunity to live and have rehabilitation in the absence of a written advanced directive stating their wishes. The life God gives us is precious and governmental laws should never be used to take it in this situation.

Frank Attkisson, R-Kissimmee, is state representative for District 79, which covers portions of Okeechobeee, Orange and Osceola counties.

Hi "Harv". Do you have any links to information that proves your PAC for Terri is a valid or real organization? I have to say I doubt the validity of everything you are saying, because I have no proof of what you say , nor do you offer any way to validate any of your statements. In fact there is no trace of your organization on the web....

I/ we do not belive you, Harv.

Could you prove yourself to the fine freepers here please? I think we would all agree that while you call most of the freepers here posting on Terri's case ignorant of the facts, we indeed do like people ,who claim to be "experts" ,to be able to back up what they say.

You refuse to do so.. why?

We/I are waiting ... Will you run and hide again ,or answer the question?

OK, ok, ok, we hear you, we hear you, we hear you over and over, you're skeptical.

Fine. Warning taken. But you don't need to keep shaking it in our faces. If you do, you will get the same treatment that the ghouls do.