Governor Seeks New Trial Over Brain Damaged Woman's Wishes

Tampa Bay Online ^ | November 19, 2003 | Vickie Chachere

[sweetliberty]

Gov. Jeb Bush fired a volley of legal shots Wednesday at the husband of a brain damaged woman who is at the center of a right to die case, saying there needs to be a jury trial on whether Terri Schiavo wanted to be kept alive artificially. The governor also sought to remove Pinellas Circuit Court Judge W. Douglas Baird from hearing the constitutionality of the new law enacted to keep Terri Schiavo alive after her feeding tube was removed last month. In yet a third legal filing, the governor argues that Terri Schiavo's rights under the Florida Constitution are being protected, not violated.

Terri Schiavo went for six days without food and water after her husband Michael Schiavo removed her feeding tube. Florida lawmakers and Bush intervened, enacting a hastily drawn law that allowed the governor to order the feeding tube be reinserted.

Michael Schiavo has challenging the constitutionality of the governor's action. He contends his wife had said she did not want to be kept alive artificially before she suffered severe brain damage in 1990. Doctors have ruled she has been in a persistent vegetative state since, but her parents believe she is aware of her surroundings and could be rehabilitated.

Bush's attorney Ken Connor said a jury has to establish what Terri Schiavo's wishes were before a court can decide whether her private health care wishes were violated.

George Felos, Michael Schiavo's attorney, could not immediately be reached for comment.

[nicmarlo]

I'm going to be late for work----need to go now. You all have a good day.

[KDubRN]

ME: is the hospice sedating terri????

I don't know. But the GAL will find out. She does get pain meds
an act inconsistent with her diagnosis, I might add

ME: the GAL, back to him again

ME: what about MS blocking the bone scan

I think the GAL is going to work out OK
I will take the radiologist's sworn statement tomorrow, even if Greer quashes the deposition subpoena

ME: i did send that guy some scathing emails.sorry, but he's trampling into my profession....the GAL

He goes to see Terri every day

ME: i want him to know people are watching him

holds her hand, talks to her
ME: does she react

by now, she will have gotten used to him and will be reacting to him
I am very careful not to question him about it

ME: that's you...however, the public is different

but he has complete access to her medical records

ME: even the sealed records?

he has 30 days to file his report
Yes, he has the power to examine the complete record family has met with him
he is a pretty sensitive guy
I think he probably was surprised at Terri's condition

Me: maybe those scathing emails hit a nerve

I imagine he is now writing this report
I am hopeful on that score
I believe he is well-intentioned

me: what can we do about the sedation issue
anything?

I have raised it with him.
this is one of the frustrating features of the case
I'll have Mary call her treating doc
of course, you must realize ... if someone at Hospice wants to sedate her and does not chart it, there's little we can do
that person would be running the risk of being found out in a drug audit
but some of these ghouls are really dedicted to her death

ME: did we ever find out why gambone stepped down as attending

did not want to reinsert the tube
was scared by Debbie's letter
chickenshit, in other words
you want to see the Gov's brief?

ME: yes

Regarding McCabe.......referring people to sheriff Rice
which is a complete abandonment of his statutory duties to investigate crimes

So we can still hammer mccabe, and let him know, we know, he is abonding his duties. CC to JEB and DoJ please

[bvw]

You are talking about yourself! Why do you think of yourself as a turnip? Why not a rutabaga?

No human is a "turnip", okay? Get a life!

[msmagoo]

Whew! I'm so glad Jeb came out swinging!

Way to go, Jeb!

And, for our resident trolls, and their heros Schiavo/Felos/Greer/Baird et al I would like to introduce the. . .

TROLL EXERCISE WHEEL

Neon Glo Troll Exercise Wheel

One of our most popular troll wheels!
The wheel is designed to run almost continuously on pro-Terri threads.
Keeps overactive trolls busy and distracted, allowing intelligent conversation to proceed without interference.
Can be used on its stand or attached to the bars of standard troll cages.
Made of non-toxic, break-resistant plastic.
Washable. Assorted neon colors. Made in the USA. Enjoy!

[pollywog]

Regarding McCabe.......referring people to sheriff Rice which is a complete abandonment of his statutory duties to investigate crimes

So we can still hammer mccabe, and let him know, we know, he is abonding his duties. CC to JEB and DoJ please

Do you have his correct email /snail mail address? Everytime I send a email to McCabe, it returns to me! :-(

one other thing, I know there are a lot of Freepers who are more than willing to write the letters/emails. I am sure many, like myself, have trouble being concise and putting our plea in proper wording. I am wondering if it would help here on FR for some " talking points" to be given for us "writing challenged" freepers?

Polly...ready and willing to help.

[Diva Betsy Ross]

Cp was banned? Jim and crew really gave that guy the benefit of the doubt, and let him speak his mind. If he was banned, he deserved it. He has been on this story from the begining, and trying to discourage anyone who would listen from getting involved with this case. His remarks last night were over the line, so I do not feel sorry for him. I think his intention was to push the envelope all along. He is probably from that liberty something web site set up by other disgruntled freeples.

I can't say I will miss his brand of ignorance and bed wetting. Hopefully he will have a change in attitdue if he comes back.

See ya CP!

[Republic]

Regarding your prayer, post # 188.

Amen. I stand with you in this prayer, with all that I am, all that I believe and with a grateful heart and deep thanksgiving for all that our Father has done, is doing and will do to return this sister in Christ to the family who truly loves her. May God place mighty warriors around Terri, may God destroy any drug introduced into Terri to weaken her resolve to live, cause her to appear numb and unresponsive or thru design, hurt her.

[pickyourpoison]

bump

[pollywog]

I'm sorry Polly. I would have scrolled past if I knew his answers to my questions were going to cause you pain.

Oh no need to apologize CindyDawg. CPs answer just struck a nerve with me. Somehow Terri's case is just too close to home for my comfort. I see a lot of what is going on in Florida as potentially having a direct bearing on my children's future well being. We are George's( our disabled son) conservator, now that he is a adult. But what if a Dr. or the State decided he was no longer " useful" and under " new Pelos driven laws" could be " starved"?The very idea moves me to tears.

[lilypad]

In so far as the guardianship issue, I think that I heard they (Schindler's)are bringing the dr in before Greer today -the one that read the famous bone scan...I heard Felos is trying to stop this from happening. He says it should not be brought up because it has already been heard before the courts and it "old". Funny, I have not seen or heard anything in the local news about this at all. Anyone have confirmation or any other news on this??

[KDubRN]

Do you have his correct email /snail mail address? Everytime I send a email to McCabe, it returns to me! :-(

one other thing, I know there are a lot of Freepers who are more than willing to write the letters/emails. I am sure many, like myself, have trouble being concise and putting our plea in proper wording. I am wondering if it would help here on FR for some " talking points" to be given for us "writing challenged" freepers?

His servers have been jammed quite a bit. When we took this on, we made a strategy that Florida was getting us no where. So we went global. We have been contacting the world with this info. There are a lot of angry people in this world over this murder.
Best I can tell ya, Polly, is keep trying to send the mail. It will eventually go out.
BERNIEMCCABE@FDLE.STATE.FL.US

When we put out a call to action or action alert, everybody speaks from their heart. I tend to be a tad wordy most times. Some are very brief. It is not how you say it, but what you say.

pc93 generally has excellent points in depth that you can use.

If McCabe is shirking his duties, he's impotent, useless. And I have been direct to him on that.

[agrace]

I think he has requested the removal of Judge Baird. Not sure for what reason unless it's because he has already given his opinion before the case was heard.

He did exactly that. Remember this article? And here's a excerpt -

Circuit Judge W. Douglas Baird, after a brief hearing, ruled that Michael Schiavo's lawsuit against Bush can proceed. He ordered an attorney for the governor to submit a brief by Monday defending the constitutionality of the law that allowed Bush to order Terri Schiavo's feeding tube reinserted Oct. 21.

Baird said Terri Schiavo's right not to be kept alive artificially was successfully defended by her husband in state courts, and any delays in removing the feeding tube so she can die are violating her constitutional right to privacy.

"The deprivation of this right is immediate, ongoing and presumptively unconstitutional," Baird said from the bench.

He ordered Bush to submit a brief defending its constitutionality and then basically stated it was unconstitutional! No wonder they are seeking his removal. I remember the incredulous reactions here on FR after reading his statements.

[CindyDawg]

I know. That's why I don't consider this a Florida problem. I just wanted him to really read what he was posting. CP seemed to be around when I got here so I wasn't really thinking of him as a troll.

[msmagoo]

I use AOL and it didn't bounce. Here is the text of my email, if you're interested in using it:

Dear Mr. McCabe,

I am writing today to ask for your help in opening a criminal investigation into the actions of Michael Schiavo, Terri Schiavo's husband. I have read many of the legal documents generated by the long battle between Terri's family and her husband.

At this point, Mr. Schiavo's actions cause me to believe he may have caused her to become disabled in an incident of severe spousal abuse. Terri had numerous broken bones, including a broken femur, in a bone scan done 1 year after her collapse at home, which took place after a day of 'fighting' between Mr. Schiavo and Mrs. Schiavo. This was related to the court in testimony from a close friend of Terri's who offered her a place to stay that night, and also in the testimony of Terri's brother, who testified Terri had been contemplating a divorce when the 'collapse' occurred. Michael Schiavo's brother also admitted that Terri and Michael had argued that day.

The bone scan done 1 year after the collapse said Terri showed signs of having a 'history of trauma.' Dr. Michael Baden, a forensic patholgist who has examined some of Terri's medical records, said he does not believe a potassium imbalance caused her collapse, as her heart is healthy. He also found her injuries consistent with a victim of violence or a car accident.

Michael has allegedly stalked, harassed and caused emotional suffering to a nurse who reported Michael's alleged abusive behavior and comments about Terri to the court in a sworn statement. That nurse, Carla Iyer, alleged that Michael may have injected Terri with insulin, in an attempt to cause her death. She observed Terri's condition both before and after visits with Michael where he entered her hospital room alone and locked the door. Terri's condition after these episodes was reported to hospital staff and police but instead of criminal charges being filed against Mr. Schiavo, Ms. Iyers was terminated from her job and was harassed by Mr. Schiavo.

I am asking for you to see that justice does not escape the disabled when the person on whom they depend for care is most interested in terminating their life against their will.

Thank you for your attention in this most troubling matter.

Sincerely,

[agrace]

I just posted an article excerpt that I think contains the comments in question -

This is great news.

[KDubRN]

Baird is another one we need to hammer. McCabe.
And focus on Terri's Constitutional rights, since feel louse has now made that the issue.
We don't know Terri's wishes regarding life support.
IF she had any conversation with anybody prior to her accident, tube feedings were not considered life support in this state, and wasn't until the FL leg changed the law in 1999.
So they are guessing. They are murdering an innocent without knowing. They are taking the word of a man with a definite conflict of interest, and one who has been abusive and neglectful in her care.

[agrace]

In a nutshell, well said.

The fact that food tubes weren't legally considered life support until AFTER Terri's collapse, and therefore could not be removed as such or be legally considered by her as such, has always been a sticking point with me.

And the absolute disregard of Schiavo's incredibly obvious conflicts of interest as her guardian is even more amazing.

[pollywog]

I use AOL and it didn't bounce. Here is the text of my email, if you're interested in using it:

Thank you msmagoo. This helps me alot.

[Republic]

Baird said Terri Schiavo's right not to be kept alive artificially was successfully defended by her husband in state courts, and any delays in removing the feeding tube so she can die are violating her constitutional right to privacy.

"The deprivation of this right is immediate, ongoing and presumptively unconstitutional," Baird said from the bench.

Oh yeah. This judge needs to be removed immediately. This is a bias, publically proclaimed, that negates his ability to fairly hear any related court business regarding Terri. His right to die excludes Terri's right to live, right to have a highly suspicious guardian's actions investigated, right to rehabilitation and joy, and right to liberty.

MS has successfully destroyed Terri'r right to life, liberty and the pursuit of happiness....everything resting on hearsay, hearsay accepted by the courts.

It is time to investigate MS.

[msmagoo]

Yeah!

Since when did the right to murder someone under the guise of a right to privacy outweigh the victim's right to life?

Last time I looked, there is no 'right to privacy' when a crime is being perpetrated, or suspected of being perpetrated.