Posted on 11/11/2003 10:17:59 AM PST by george wythe
Gov. Jeb Bush on Monday moved to block any quick action on the constitutional challenge to Terri's Law, a bid that could keep Terri Schiavo alive for at least as long as it takes to appeal a procedural issue.
Bush received an automatic stay of Michael Schiavo's lawsuit against him and Attorney General Charlie Crist by filing a notice of appeal on a decision by Circuit Judge Douglas Baird.
Now, before any constitutional challenge to Terri's Law can be decided, both sides will have to make their cases before the 2nd District Court of Appeal on whether the lawsuit was filed in the right county and whether the governor was properly notified that he is a defendant.
Michael Schiavo's attorney accused Bush of engaging in ``shameless delaying tactics.''
``The governor wants to delay this case through any possible legal maneuver for as long as he can,'' attorney George Felos said. ``I wish the governor would be a man about it and stand up and defend the law. He is almost like hiding in the bushes with his tail between his legs.''
Last week, Baird denied Bush's motion to dismiss Schiavo's lawsuit on the grounds that it should have been filed in circuit court in Tallahassee rather than in Pinellas County because the governor traditionally enjoys a home venue privilege.
Also, Bush complained he was not properly served notice that he was being sued.
Baird said a legal concept known as the ``sword-wielder exception to the home venue privilege'' allows citizens to defend themselves from government action in their home county.
Also, Bush waived his right to complain about not being properly served with the lawsuit when one of his attorneys participated in an emergency hearing Oct. 21, the night Schiavo's lawsuit was filed, the judge said.
That same night, Bush used the new state statute dubbed Terri's Law to order that a feeding tube be reinserted into Terri Schiavo's stomach so she could again receive liquid nutrition after almost seven days without food and water.
The feeding tube was removed Oct. 15 on court orders after an almost 5 1/2-year legal fight between Michael Schiavo and his wife's parents, Bob and Mary Schindler.
Terri Schiavo's brain was damaged in 1990 when she suffered heart failure at the age of 26.
The now 39-year-old woman has been in what her husband's doctors term a persistent vegetative state ever since. In a nonjury trial in January 2000, Circuit Judge George Greer agreed with Michael Schiavo's contention that his wife would not want to be kept alive with no hope of improvement.
The Schindlers contend their daughter reacts to them and could improve with therapy. In addition to battling their son-in-law in court, they have mounted an Internet-based public relations campaign featuring snippets of video that appear to show Terri Schiavo smiling at her mother and following a balloon with her eyes.
In August, Bush cited tens of thousands of calls and e-mails from Schindler supporters as his reason for seeking to intervene in the case.
Two months later, the Legislature responded by enacting Terri's Law, which gave Bush the power to stay a court order. The law also provided for the appointment of a guardian ad litem to investigate the case.
In a Nov. 6 letter to the new guardian, University of South Florida Professor Jay Wolfson, Bush requested a meeting to discuss issues the governor wants Wolfson to investigate.
Arrangements for a meeting were being discussed Monday, Bush spokesman Jacob DiPietre said.
Meanwhile, Michael Schiavo's attorney said he will ask Baird to lift the stay on his client's constitutional challenge to Terri's Law. The law violates Terri Schiavo's right to refuse medical treatment and improperly grants the governor power to interfere in a court case, Felos said.
Terri Schiavo has more to lose than Bush does if the stay remains in place, Felos said. It is a matter of her rights being ``violated on a daily basis'' versus Bush ``having to defend the case on its merits even though the sheriff did not knock on his door and serve him with a summons.''
I just had an off-the-wall thought. Has anyone had the idea to contact someone like Mark Fuhrman to do some investigating and present it to the public? I know he's written three successful "Murder in..." books - since this is a crime in progress, maybe he'd be interested.
He has a talk show in Spokane. Are there any Freepers up that way?
http://www.kxly.com/programming/getShow.asp?id=404
The independent physician, Dr. Peter Bambakidis of Ohio, would testify in favor of Michael Schiavo in that Ms. Schiavo was in a persistent vegetative state and without hope of recovery.
Supporters of the Terri Schindler-Schiavo Foundation have learned that Dr. Bambakidis and attorney George Felos may have had a personal relationship prior to Dr. Bambakidis being assigned to the case on April 24, 2002.
Is Judge Greer a FARCE? YES
Correct. I would also add that the appellate court considered what those doctors failed to say.
For example, Dr. Webber, the main source used by the Second District Court to remand the case in 2001, did not testify in the brand-new evidentiary hearing in 2002. Why?
Did Dr. Webber change his mind about the ability of his treatment to improve Terri's condition?
Since Dr. Webber was a neurologist, a similar replacement was expected.
Instead of two neurologists, the Schindlers presented a radiologist and neurologist.
Unfortunately, the Schindlers' neurologist is on probabion by the State of Florida; he was fined and ordered to pay court costs totalling over $54,000. He was also ordered to perform community service.
Evidently, a radiologist and a neurologist on probation were not very credible to the appellate court.
Schiavo presented 2 neurologists, and the trial court chose one neurologist.
Why did the Schindlers choose to present such a controversial neurologist? Is the neurologist on probation the only neurologist they could find to support their viewpoint?
Did the Schindlers' drop the ball by not providing the court with credible neurologists?
Not that I'm aware of....but that would be good, for an investigator to get involved, especially regarding the fractures found all over Terri's body.
This scan, taken 53 weeks after Terri's collapse revealed that Terri had fractured ribs, damage to her pelvic area, LI vertebrae, spine, both knees and both ankles. It also revealed that Terri had suffered a broken femur and a broken back. Three doctors concluded that Terri had endured trauma of some sort. The radiologist responsible for the scan plainly stated: "This patient has a history of trauma".
More info here: TerrisFight.Org (in pdf)
I think most men secretly side with Michael Schiavo.
So, I do get a vote - with armadale. Since I am a registered voter in Alabama, I get no votes in Florida - no matter what their legislature passes, special or not.
Yeah, especially considering that he wasn't a nurse at the time.
Sometimes a person is well advised to be silent...
The truth:
A total of nine neurologists have also stated that Terri Schiavo is not in PVS. "It is obvious to me that Ms. Schiavo is a viable human being who is at least semi-responsive to her environment," physician Richard Neubauer stated in a May 2001 affidavit. Dr. Neubauer is a recognized expert in hyperbaric oxygen therapy, a type of treatment he believes might improve Terri's condition. "She is not brain dead nor is she in a persistent vegetative state."
* * *
Though Michael Schiavo claims today that his wife said she would not want to live cognitively disabled, receiving food through a tube, he apparently forgot that statement when, on Nov. 5, 1992, he sat in the witness box in Courtroom B of the Pinellas County Courthouse in Clearwater, Fla.
...Mr. Schiavo's then-attorney Glenn Woodworth let the jury know that his client had enrolled in nursing school to learn to care for his wife, and that he wanted to care for her at home. "If you had the resources available to you," Mr. Woodworth asked, alluding in part to any malpractice award the jury might grant, "if you had the equipment and the people, would you do that?"
"Yes, I would—in a heartbeat," Mr. Schiavo replied. "She's my life and I wouldn't trade her for the world."
Here!!! Here I am, sweetie... I'm busy polishing up my magnificient Cold Fusion Powered Packed Wheelchair... gettin' it ready for the full flegged, no holds barred, slime ball scourge that's surely gonna happen if I continue to hear the blathering bull sh!t that pours forth out of the filthy mouth of George Lucifer Felos !!!
Michael Schiavo's attorney accused Bush of engaging in "shameless delaying tactics."
So, Lucifer, you consider it shameless to try to keep a helpless, severely wounded woman alive, eh??? You are the scum of the Earth, Lucifer !!!
"The governor wants to delay this case through any possible legal maneuver for as long as he can," attorney George Lucifer Felos said. "I wish the governor would be a man about it and stand up and defend the law. He is almost like hiding in the bushes with his tail between his legs."
Just wait, Lucifer... soon it will be YOU with your feindish, pointed, devilish tail rammed up your cowardly lawyer's arse... because in spite of all your disgustingly hateful attempts to murder her... TERRI WILL LIVE until SHE decides it's time to meet her Blessed Maker !!!
My husband is pretty liberal (old school), moderately pro-choice, etc. When this story came out, I thought I'd clarify my feelings on "no heroic measures, not being left tied to machines to live" and so on, feelings that I had previously shared with him many years ago. I said to him, "Please don't stop feeding me or hydrating me, no matter what condition I'm in."
He's a pretty mild-mannered guy, now....he was visibly upset. "How could you even think I would do something as cruel as that to you? I love you."
I said. "Well, it's pretty common nowadays, the doctors might pressure you into it, saying it's painless..."
He said, looking disgusted at me, "I'm not stupid, I know what it means to starve someone to death."
So, for one guy, at least, you're wrong. Oh, and he's not Mr. Perfect, either. He's (in the past, he's better now) come close to being killed by me, and I promise you, no one would have dared convict me if they knew the circumstances.
This gets entangled in "Right-to-Die" issues, and the web gets so tangled these people can't keep their lies straight. But it doesn't matter; they just make it up as they go anyway. All that matters to them is that these people die.
I have incurable cancer, and I intend to die of cancer, *not* of dehydration or starvation or an overdose of drugs.
I also have two children with autism. My oldest is 28, and extremely low-functioning. His "quality of life" is totally different from "normal" people's. He likes doing what he does every day; he's a happy guy. He likes his visits here at home, and getting his treats, and getting his head rubbed and getting hugged. When he's not happy he lets us know. That's the extent of Tony's life. Would Tony rather live or die?
There are people, the exact people that want Terri to die, that think Tony should die. It's not a fiction that it *actually* happened in Germany, and the same exact thing is happening here, with the exact same reasoning. It is, in fact, the exact same reasoning that caused the Haulocast. And that's not an over reaction. The "slippery slope" is very, very real. The death of "terminal" people by dehydration and starvation and a little extra morphine in the drip is *old* news. The death of people who are "better off dead" is the death of Western Culture, the completion of the Nazi ideal.
The Scriptural ideal of the righteous person is one who cares for widows and orphans, the champion of the helpless. The champion of the Culture of Death is the one who removes the weak from Society, and disguises it as compassion. And emerges as the Nazi warrior. Good for *this* world. Both Michael Shiavos and George Felos might feel like victorious warriors for now. They may actually win, you know; Terri may die at their hands. But God's revenge for Terri will be terrible, because they *know exactly what they're doing.*
How many of them had complete access to Terri's medical records?
How many of them examined Terri personally?
How many of them conducted independent tests and scans by a lab of their choice?
How many of them video-taped Terri's examination, as well as Terri's verbal and consciousness tests?
Zero?
None?
Ninguno?
Pas personne?
Niemand?
Btw, I hope you don't think I'm picking on you.
I'm just posting the arguments that have been presented to the trial courts, appellate courts, and Supreme Court of Florida, as well as to the federal courts and the US Supreme Court.
If I come across as being in favor of removing Terri's tube, I regret it. I'm actually quite neutral on this case, and I would love for the Schindlers and the Schiavos to solve this family matter outside the court system. The adversarial nature of civil court just brings out nastiness and stubbornness on people, and both the Schindlers and the Schiavos are guilty of such behavior.
Terri is the only innocent victim here.
very true.
Also, consider the lies of Felos, here:
May 10, 2001
In a sworn affidavit filed Wednesday, [Trudy] Capone [a nurse] states, ``Michael confided in me all the time about Terri,'' and goes on to say, ``Michael never knew what Terri wanted.'' The affidavit does not state the context in which Schiavo did not know his wife's wishes, and it does not specify when Capone and Schiavo, who are both nurses, shared what Capone characterizes as a close friendship.Both women speak of being harassed by Schiavo after breaking off their relationships, and both state that Terri Schiavo seemed aware of her surroundings during the time they knew her.
Felos would not comment on Capone's statement that, since Terri Schiavo's illness, Michael Schiavo has fathered two children with another woman. Schiavo has acknowledged that he has, for years, been engaged to his current fiancee.
Note: Felos did not deny what the 2001 newspaper "claimed" was in Terry Capone's affidavit (that MS fathered two children). Felos, instead, denied that Capone's statements were factual.
MS's current girly friend, Jodi, just had his second child with her. Their first child together, Olivia, was born in 2002.
This would mean MS now has 4 children.
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