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.''

[Lauren BaRecall]

Just so you know, Terri actually was able to eat spoon fed for a bit early on, before the husband took her therapy away.

Yes, I know. I was discussing the swallowing issue, not because I think it is a litmus test of the right to life, but rather, I was using the court's own argument. I was thinking of Greer's admonition after the tube was removed the first time:

Don't anyone feed that girl!

Sickening, huh?

[Lauren BaRecall]

I recommend Freepers ignore and avoid battling with this guy.

"Never argue with the devil," as the old saying goes.

George Wythe 1726-1806

Representing Virginia at the Continental Congress

Born: 1726

Birthplace: Elizabeth City Co. (Hampton), Va.

Education: Informal, Law Studies. (Lawyer, Educator)

Work: Admitted to the Bar in Virginia, 1746; Clerk of the committee on Privileges & Elections of the House of Burgesses, 1747; Attorney General of Virginia, 1753; Member of the House of Burgesses; 1755-65; Member of the Board of Visitors, William & Mary, 1761; Professor of Law, Wm. & Mary, 1769-1789; Elected to Continental Congress, 1775-76; Speaker of the Virginia House, 1777-78; Judge of the Chancery Court of Virginia, 1789-1806

Died: June 8, 1806

http://www.ushistory.org/declaration/signers/wythe.htm

[floriduh voter]

You better freepmail who you are talking about. There are a few so called friends of Terri who cut and paste court orders here and talk about her lack of a brain which simply isn't true. She wakes up in the morning, sits in a chair and gets tired when she wants to go to bed. Hardly a vegetable.

[floriduh voter]

Freepmail "me" who you are talking about. I leave for ten hours and there's no recall of the latest trolls.

[Theodore R.]

Can someone outline the worst-case scenario for Terri, with dates? All these legislative maneuvers are so difficult to comprehend and interpret.

[Future Useless Eater]

private mail on its way as requested...

THANKS for the update on Terri's WHEELCHAIR !

Now if that monster GREER will only let her go outside!!!

How can one black-hearted man EVER be so cruel.

[Future Useless Eater]

Thanks, I did not know that about one of the signers of the
Declaration of Independence - George Wythe.

I found this interesting about him...

A young member of his family, on discovering that Wythe had
conditionally willed part of the family property to his
slaves, decided to enlarge his own share by poisoning them
with arsenic. He incidentally murdered George Wythe in the
process. Wythe died on June 8th, 1806 at the age of eighty.

It seems our george porgie feels he is comparable
to the historic George Wythe.

[Theodore R.]

How can one black-hearted man EVER be so cruel.

Michael R. Schiavo is endorsed by: Janet Reno, George Soros, Howard Dean, George W. Greer, Peter Deutsch(?), who else?

[Theodore R.]

The Democrats when they have their straw-poll dinner in FL will probably all issue a joint "endorsement" of Michael R. Schiavo! Frontrunner Dean, however, has already done this!

[Lauren BaRecall]

It seems our george porgie feels he is comparable to the historic George Wythe.

Yep. Appears that way.

I found those facts surrounding the historical George's death to be very interesting, too.

[Lauren BaRecall]

You forgot Adolph, Uncle Joe, Chairman Mao, and Saddam, I think. ;o)

[msmagoo]

BUMP!

Thanks for posting that. It's amazing that he hasn't been charged with criminal assault or abuse . . . YET.

How he managed to hold on to his position of power all these years is proof that the guardianship rules DON'T WORK if the courts won't act to remove someone with these type of allegations being made against them.

[texgal]

I've seen her father quoted as saying she CANNOT swallow, though he believes she might be able to learn to with therapy. Way to much conflicting information floating around, and that's why the law needs to provide for an utterly objective evaluation of the medical facts.

There are affidavits from nurses who cared for Terri in the past who did say that they did spoon feed her jello against Michael's wishes. The nurses said that she could and did swallow. She simply may have to learn how to again.

Where's the harm in giving her the opportunity to do so? The questions we should all be asking is why does her "loving" husband want her dead.

If the jerk wants to leave her then he should do so - he already has. Her parents have said that they will give him all the money if he will simply leave Terri's guardianship to them. What possible motive does he have for wanting her dead other than the fact that she most likely can regain the ability to communicate and possibly implicate him in her initial injury.

Send a letter to the AG and ask them to investigate what caused Terri's initial injuries. There was no real investigation into that.

[pc93]

Better yet you can fax your letters (Ashcrofts is on the bottom) for free directly to their fax machine through e-mail.

remote-printer.AARP_Media_Relations@12024342588.iddd.tpc.int,
remote-printer.ABA_Commission_on_Mental_and_Physical_Disability_LaW@12026621032.iddd.tpc.int,
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[Augustinefan]

"Terri Schiavo has more to lose than Bush does if the stay remains in place, Felos said."

*thinking* How does one lose MORE by staying alive than if they were to be starved????

Let me see...she has to breathe in and out...yeah...that's a loss of well spent energy!

Oh wait...being dead takes NO energy. Yeah...he's right...she loses more by staying alive!

I can't believe how moronic some attorneys are. They make all the rest look like idiots...and I'm sure there are those who aren't.

[Augustinefan]

"So I ask this question of Mysterious George -whose turned up on Free Republic recently- If this is you Felos- Have you considered that what you might be doing is helping Terri's abusive husband murder her? That the husband is lying to you? That he does want his wife dead? How much BAD KARMA do you think you'll rack up if you're wrong and Terri dies unjustly? Have you thought about that George? Do you really want to come back re-incarnated as a house-fly?"

I'm sure he's thought of this. It may be exactly why he's doing it. Maybe he secretly wants to be a trial attorney. It would be a 2 for 1 deal and he could make even MORE money and publicity! But he can't do it if Terri is allowed to continue living.

And don't kid yourself...these types don't HAVE a conscience. Even Jiminey Crickett abandoned Felos a LONG time ago!

[Krodg]

If the jerk wants to leave her then he should do so - he already has.

If this wasn't so sad, it would be ludicrous. As her guardian, Michael has the responsiblity to do what is best for Terri and see that all of her rights are upheld. As her guardian he should fight for her right to divorce her adulterous husband.....Michael needs to bring suit against himself for adultry on Terri's behalf.

Since Terri didn't leave a 'living will' the only people worried about their 'invasion of privacy'..are Michael and Co.