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]

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.

Yes, there *is* too much conflicting info out there. I do not trust the objectivity of many sources. There was a lot of testimony from objective doctors, stating that Terri is not in a persistant vegetative state, and she can be rehabilitated. This comprises a portion of the court records, but Greer purposely ignored it, as does much of the media.

...but I'd sure prefer to be sent off with one quick injection, than to starve/dehydrate slowly.

I can understand your aversion towards torture. :o)

...and in other cases the patient is a child born brain damaged who obviously could never have indicated its wishes, and the methdology the law currently provides for certifying a next-of-kin's decision is hopelessly flawed.

How so?

[Lauren BaRecall]

Well, now there's a new law for him to enforce.

:oD

[GovernmentShrinker]

As far as I've read, there is no provision for a completely independent medical evaluation, nor any provision for more than a single judge to have control over the gathering of medical evidence. Thus Michael Schiavo was able to heavily skew the medical testimony (to some extent, apparently, with Judge Greer's cooperation) towards his own position.

There is also no provision for formally changing the procedure when the legal guardian -- in this case the husband -- has a clear conflict of interest, financial and/or other. Nor is there any provision for formally changing the procedure when there's a conflict between close relatives and the legal guardian (or for that matter between two parents, as far as I know). What if Terri and Michael had already been divorced, and Terri's parents disagreed with each other on whether to keep or remove the tube?

These things really urgently need to be spelled out in the law. Where the law is vague or incomplete, abuses are invited to proliferate.

[wimpycat]

Winging it on the judicial side can make things go all haywire, too.

My whole point is that the legislative branch has the power to make laws, not the judicial branch. If the people don't like one law they can pass another one. It's not as if this is an easy thing to do under normal circumstances. It's not as if this is going to happen every time somebody doesn't like a judge's ruling. (I wish it would happen more often, to rein in these activist judges who have consistently been usurping legislative power, that's for sure.) But this was a special case. The legislature, representing the people of the state of Florida, changed the law. They're allowed to do it. That's why they're called lawmakers. And like I said, there aren't too many instances where a legislative body would rush through legislation practically unanimously (I don't know what the vote count was, since I'm not following this case closely) within the space of a couple of days. As cumbersome and unwieldy and rancorous as politics and lawmaking are, in this two-party system, it guarantees such legislation would occur very rarely.

I would certainly hate to be the GAL, that's for sure. If hs says pull the tube, then I doubt the legislature will pass yet another law. Frankly, I wish God Himself would directly intervene and settle the question once and for all; either miraculously heal her or show definite signs of improvement that nobody at all could argue with, or take her quickly and naturally, without the intervention of mere mortals.

[Lauren BaRecall]

As far as I've read, there is no provision for a completely independent medical evaluation, nor any provision for more than a single judge to have control over the gathering of medical evidence. Thus Michael Schiavo was able to heavily skew the medical testimony (to some extent, apparently, with Judge Greer's cooperation) towards his own position.

Judge Greer dismissed Terri's first Guardian ad litem, who had agreed with the doctors who stated she could be rehabilitated. Then Greer fully cooperated with Shiavo's side and let them all skew away.

There is also no provision for formally changing the procedure when the legal guardian -- in this case the husband -- has a clear conflict of interest, financial and/or other.

Terri's parents petitioned the court for Guardianship, which was filed in November of last year. (See above petition.) Judge Greer very cleverly set Terri's feeding tube removal for Oct. 15th of this year, and set the guardianship hearing afterwards, for November 7th (I believe it was either the 4th or the 7th), so she'd be dead and the guardianship question would be moot.

It appears that there are procedures, but the problems occur when there is only one judge with an agenda, who is handling the whole matter.

While enacting "Terri's Law," the FL legislature recognized that there are issues needing resolution, and said that the entire subject must be addressed in the near future.

How would these questions apply to the example you made of a brain damaged infant?

BTW, there is so much facinating testimony in the Schiavo case. For example, there are the depositions of three nurses who cared for Terri at various times. One quotes Michael as yelling, "When is that bitch going to die!"

[sweetliberty]

Ping!

If you want or off of this ping list, please let me know.

[atruelady]

This is a copy of my e-mail to Oprah Winfrey:Dear Oprah,

"I read that you will be doing a story about living wills this week? I guess you will be making reference to the Terri Schiavo situation. This is an important topic, but you would be better served doing a show about Terri.

I also read that someone with you show had the gall to state that it is Terri's wish to die. You really have made a conscious choice NOT to educate yourself about her husband, the weird attorney Felos and others wrapped up in a case where conflict of interests have decided she must die.

You are irresponsible in not promoting a proper story. Why on earth would you even mention Terri.

I am posting my message to you on FreeRepublic.com and urging the masses (we have considerable clout) to boycott your show, magazine, and ANYTHING you promote and are affiliated with (sponsors, etc.). When you are going to stand up and be independent of other media outlets that have committed horrible journalistic malpractice in the case of Terri Schiavo?

Oprah, you stink!"

Carla
Bradenton, FL

[sweetliberty]

"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.''

No, head, he is taking a stand for the sanctity of life against all you little god wannabes who think that that power should belong to you. Go pound sand you little pansy #$$ pipsqueak, and take your agenda of death and destruction for hire with you!

[CindyDawg]

I was wondering why we didn't play chase but I see now that this isn't your thread :') Where is the rest of the God squad? We have work to do lol.

[nicmarlo]

Present

[sweetliberty]

"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."

[Not enacting]The law violates Terri Schiavo's right to refuse medical treatment life and improperly grants the governor power to interfere in a court case, Felos said the power to enact legislation and wield the power of life and death to the courts.

"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''

What a pile of crap! Felos is a ghoul who is in love with his fascination with death....I mean who'd want to live if they could have the wonderful experience of "Dying With George?" He is one sick SOB, and his asinine statements defy logic.

Terri has a lot more to lose alright....her LIFE is at stake and she would be dead were it not for Gov. Bush, but then, that's what YOU and MICHAEL HINO SCHIAVO want. Terri never said she wanted this and both of you slimy #$$h*l*s know it.

[cyn]

THANKS for the pings here and to alamo girl's thread.

[TaxRelief]

That is exactly the point. The conflicts of interest that have been ignored in this case are stomach-churning.

[Diva Betsy Ross]

Oh how did I know you would show up with your ( lack of ) knowledge of the law. It is good to know some things never change, which would be your ( lack of ) understanding of this case a,nd how the laws work in this country.

You need Constitution 101 still I see.

[CindyDawg]

I'm not bad mouthing lawyers (we do need them :') but IMO I think until recently this country has sat back and let them do what they wanted. Judges seem to have been making laws by interpretation. Are we now seeing reactions to a fear of loss of control/power ?

[TaxRelief]

There is also no provision for the disabled to initiate divorce, only the other way around.

[nicmarlo]

he needs to drop any pretense that he has any concern for law, procedure and the orderly administration of justice.

You mean, as "Judge" Greer has already done?

You may be interested in these Affidavits:

Heidi Law, Certified Nursing Assistant, Affidavit

10. At least three times during any shift where I took care of Terri, I made sure to give Terri a wet washcloth filled with ice chips, to keep her mouth moistened. I personally saw her swallow the ice water and never saw her gag. Olga and I frequently put orange juice or apple juice in her washcloth to give her something nice to taste, which made her happy. On three or four occasions I personally fed Terri small mouthfuls of Jello, which she was able to swallow and enjoyed immensely. I did not do it more often only because I was so afraid of being caught by Michael.

Carla Sauer Iyer, RN, Affidavit

11. When Michael visited Terri, he always came alone and always had the door closed and locked while he was with Terri. He would typically be there about twenty minutes or so. When he left Terri would be trembling, crying hysterically, and would be very pale and have cold sweats. It looked to me like Terri was having a hypoglycemic reaction, so I'd check her blood sugar. The glucometer reading would be so low it was below the range where it would register an actual number reading. I would put dextrose in Terri's mouth to counteract it. This happened about five times on my shift, as I recall. Normally Terri's blood sugar levels were very stable due to the uniformity of her diet through tube feeding. It is medically possible that Michael injected Terri with Regular insulin, which is very fast acting, but I don't have any way of knowing for sure.

Carolyn Johnson, Certified Nursing Assistant, Affidavit

3. During this assignment I took care of Terri Schiavo several times. The first time I saw her my duties were being explained to me by the nurse on duty. Terri Schiavo was lying in bed. Another patient, also a young woman about the same age and in the same condition, was sitting up in a chair, with a drink cup and straw in front of her. 4. I asked why Terri was not up in a chair, too. I learned, as part of my training, that there was a family dispute and that the husband, as guardian, wanted no rehabilitation for Terri. This surprised me, as I did not think a guardian could go against a doctor's orders like that, but I was assured that a guardian could and that this guardian had gone against Terri's doctor's orders.

Additionally, please consider the following, before claiming that Gov. Bush is the one acting in a farsical manner:

May 7, 2001 - Dr. Hammesfahr (neurology), filed a six page affidavit with the court stating Terri was not in a Persistent Vegetative State, ...
June 1, 2001 - Attorneys Anderson and Eckert filed a court motion, which included five additional affidavits from physicians (neurologists) stating Terri was not in a "persistent vegetative state," ...
June 18, 2001 - Schiavo's attorney filed an affidavit from Dr. James Barnhill, reiterating his trial testimony that Terri is in an irreversible vegetative state. The statement goes on to maliciously attack the credibility of the six neurologist’s affidavits.
August 7, 2001 - Judge Greer ignored all the evidence presented to him and ordered to have Terri's feeding stopped on August 28, 2001. In his written court order, he admitted he did not read six of the seven doctor's affidavits.

[sweetliberty]

God save me from a husband who would side with that sleazy, no-good, adulterous, POS excuse for a man. At least the parents have no conflicts of interest here. They love their daughter. They gain nothing if she lives, other than her life and a lifetime of responsibility caring for her, which they are willing to do. This b*st*rd wasted no time bedding every female he could get his hands on and melted down the wedding and engagement rings of his "wife" whom he claims he "loves so much" to make a ring for himself. The scumsucking SOB has been lying through his teeth since day 1, and there's a heck of a lot of unresolved questions floating around him that HE doesn't want answered. His one answer to everything....KILL THE B*TCH! The longer she lives, the closer his lies are to catching up with him. If this "husband" is responsible for her being in the condition she is in in the first place, are you in support of the state helping him finish the job and cover up his crime? And if he isn't, he is at the very least guilty of gross negligence and abuse of a disabled person. This is the person you would side with? I can only surmise that you really don't know too many of the facts and conflicts surrounding this case.

[Canadian Outrage]

ANY Judge that would ignore the blatant abuseS outlined in this document, should be summarily removed from the Bench. That Judge is clearly UNfit to rule in these matters.

[nicmarlo]

You may also be interested in this affidavit, by the first guardian ad litem, who said things that Judge Greer didn't want to hear, which is why he was removed as guardian ad litem:

Richard L. Pearse, Jr, Attorney at Law
In Re: The Guardianship of Theresa Schiavo
Probate Case # 90-2908GD-003

http://www.terrisfight.org/documents/Pearse%20GAL%20Report%20122998.pdf