Governor Sidetracks Schiavo 's Lawsuit

Tampa Tribune ^ | Nov 12, 2003

[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.''

[HiTech RedNeck]

With Michael it's about revenge, hence , his repeated viciousness.

In a sick way, Michael could be sincere and think it's "best for Terri." He's fallen under the influence of GF who behaves like a raving case of demonic possession. That kind of industrial strength brain wash is dangerous to the nth degree.

[sfRummygirl]

Good to see you, quietly.

[Lauren BaRecall]

What I emailed to Mark Fuhrman:

Dear Mr. Fuhrman,

I first heard of you regarding the OJ case, and I know about your success in researching and investigating the Moxley case, as well as the Spokane murders. I've heard you a few times on the Sean Hannity show, and I was impressed by your abilities, intelligence, persistence, and passion for justice.

There is a 39 year old woman in Florida, named Terri Schindler Schiavo, who is reported by the elite media as being in a persistent vegetative state. She is the woman for whom "Terri's Law" was enacted by the FL State Legislature, and was signed into law by Governor Jeb Bush. Due to this law, Terri's feeding tube was reinserted, and she did not suffer death through starvation and dehydration.

Although Terri is brain damaged, and in a stabilized condition, her husband, his lawyer, Judge Greer, and others, want to literally kill her, because each has their own agenda. Her parents, brother, and sister want to gain guardianship, and provide her with care and rehabilitation.

There are many injustices regarding this case, which is still being fought in the courts. In addition, there are many unanswered questions related to the circumstances of how it came to be that Terri's brain was deprived of oxygen, on the night of her alleged "heart attack." There is much to be investigated, since neither law enforcement, nor District Attorney, has never been near this case.

I am bringing this situation to your attention in the hope that Terri's life might be saved, and a murder averted. Also, Terri's case is nationally known, and would make a riveting subject for a book.

More information can be obtained at www.terrisfight.org.

Please be sure to check out the bone scan report, which suggests the possibility of physical abuse.

Thank you for your very kind attention.

Sincerely,
Lauren BaRecall

---

Please pass along to all Terri Freepers

[sfRummygirl]

You know what George? You just want terri dead.

Why don't you save yourself the trouble, and just say it. Really. Just say it, and we all can move along here.

[sfRummygirl]

Isn't funny how all these fractured people are so obsessed with swallowing all of a sudden?

This woman Maria, is a very interesting case. Thank you for posting this. I am learning more about people every day.

[HiTech RedNeck]

It claims to be 'neutral' but with a situation of this gravity and such a titanic clash of moral forces, how can it truly be? There is no good-neutral-evil 'trichotomy'.

I think America has wished this 'karma' (using the term figuratively) upon itself by winking at abortion. The babies in the womb, and even partway out, have been forgotten. Now they're coming for the disabled. Pretty soon, barring a mighty movement of God, this will be another province of the Netherlands where people will carry around notes in their wallets begging doctors not to kill them.

[sfRummygirl]

Ok, so because George has issues with his friend's bad marriage, we need to kill Terri.
I get it. Thanks, George.

[sfRummygirl]

Oh, this is socialistic commie whatever, that's for sure. 100%.
There are a couple of head cases on these threads that quote all the right legalese, in their minds.....but the bottom line is they want the disabled and other folks who are 'in the way' dead. Period. All these statements about who can swallow, etc....it is just amazing.
I just look at them as sick now, that's all. Thank God I am not like them.

[sfRummygirl]

Oh and Quietly, I didn't want you to think that people with progressing diseases should be snuffed out, either....

[sfRummygirl]

He won't, most likely. He got caught.;-)

[HiTech RedNeck]

Thank God I am not like them.

You mean 'sick' I assume, not 'righteous' which would be a disastrous thing for anybody to claim. A word of caution: He who thinks he stands should take heed lest he fall.

[drlevy88]

You mean 'sick' I assume, not 'righteous' which would be a disastrous thing for anybody to claim.

Assuming this means "more righteous than." It is perfectly correct for one to claim the righteousness of God while shunning one's own as dirty rags.

[drlevy88]

This is the first article I've seen that explained what Baird cited as a "why" for spurning Jeb's claims of improper service and home court privilege. So it's being claimed that his having showed up in court in connection with the suit is tantamount to having been properly served, and that when a state government "takes action" against a citizen it may be challenged in that citizen's jurisdiction.

While sounding plausible on the surface, I'm still not sure whether this is ultimately "legal" or whether Baird has winged it a la FLangaroos. Bush's counsel, however, would be remiss not to try. If there is an "ulterior motive," it's not delay (as if Terri were hopping up and down screaming to die and the world would come to an end if it didn't happen within days) -- but to try to get the whole issue into a friendlier (more conservative) court in Leon County. This matters with respect to fact finding.

[sfRummygirl]

Yes, I mean I am not sick. I mean, specificlly, that I can feel, and have compassion for other human beings. Thank you, God, for my ability to feel. He has blessed me with knowing when to fight and be strong, and knowing when to have compassion for others and help them. I thank Him for this.

[Ohioan from Florida]

Has Pearse change his views in this case?--NO.

Does Pearse now believe that his affidavit about Michael Schiavo's conflict interest is no longer applicable?--Impossible, the conflict of interest remains to this day, in fact, it has only gotten more conflicted.

You amuse me! Thanks, I needed a good laugh today!

[drlevy88]

Don't let trolls sidetrack YOU with irrelevant attacks. Pearse is not a party in this suit any more.

[windchime]

Good idea, Lauren BaRecall!

[Ohioan from Florida]

I love your posts, Quietly! They are so full of wisdom. Thank you for sharing your thoughts with us. It's very uplifting!

[fly_so_free]

Should a judge have the power to order the execution of a citizen whose only crime it that he/she has become disabled?

Should the judge order the disabled citizen executed based solely on hearsay, when there is no written living will?

Do we want to be a nation that asks its citizens to prove they are "worthy of life"?

Do we really want to give a judge the power to decide who is "worthy of life"?

Is the deliberate starvation/dehydration of any living being cruel?

How many times will we have to repeat these questions Trolls?

TO: George Wythe, Trolls, lurking Trolls,

MEET YOUR PREDECESSORS

[Ohioan from Florida]

You're right, thanks!