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Governor Seeks New Trial Over Brain Damaged Woman's Wishes
Tampa Bay Online ^ | November 19, 2003 | Vickie Chachere

Posted on 11/19/2003 4:13:47 PM PST by 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.


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; US: Florida
KEYWORDS: attorneyfromhell; coma; cultureofdeath; drug; druginducedcoma; euthanasia; geiorgefelos; governorhebbush; guardianfromhell; hino; husbandfromhell; judgegreer; merchantsofdeath; michaelschiavo; reallifeghouls; terri; terrischiavo
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To: floriduh voter
Good news. How things have changed in three months. (^:
321 posted on 11/20/2003 6:28:12 PM PST by Ragtime Cowgirl (If SH is behind the current activities it will be the 4th war that he's lost in 20 yrs.~Gen K *11/18)
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To: IncPen; Ethan_Allen; exmarine; FatherOfLiberty; fishbabe; FL_engineer; floriduh voter; ...
Please read the facts on Pulpatime in Post #286
322 posted on 11/20/2003 6:30:21 PM PST by editor-surveyor ( . Best policy RE: Environmentalists, - ZERO TOLERANCE !!)
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To: cyn; T'wit; MainFrame65; floriduh voter
it seems to me a different matter altogether for the lawyer to HIDE a crime (attempted murder) from the court, and to misrepresent plain facts in order, in effect, to FINISH the murder. That's going a long way past representing a scoundrel. That's being a knowing accessory to the crime. Can you comment?

This reminds me of the case in California....the attorneys who defended the man who killed the little girl last year in the summer. O'Reilly brought up this similar issue of misrepresenting, intentionally, "facts." These kinds of things would have to be brought before the State Bar.....which means, you will have other lawyers, and judges, sitting in judgment on lawyers. Yes, they do this, but I would say it's less likely that they will do anything about what Felos has done/is doing.

I know lawyers are probably more likely to be investigated/disbarred over overt and flagrant violations of criminal laws, i.e., stalking/shootings, etc. I know a lawyer from Colorado who was disbarred for not paying child support and other domestic issues (fairly serious) with his ex-wife.....who, I also knew. IMHO, she was taunting him. He was not pristine, either.

How willing do you think the Florida Bar (the other good ol' boys) will be to go after Felos? What "proof" do we have that he actually "knows" anything? This would be a logical assumption/likelihood, but, right now, that's all the charge could be.

323 posted on 11/20/2003 6:31:02 PM PST by nicmarlo
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To: IncPen
Well, I knew that he and OPH were one and the same, but I'm not sure about other aliases he might have.
324 posted on 11/20/2003 6:33:44 PM PST by sweetliberty ("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
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To: IncPen
Thank you for your post. I knew there was an instinctual reason why I told him that I find people like him revolting. It appears my instincts were correct.
325 posted on 11/20/2003 6:35:42 PM PST by nicmarlo
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To: floriduh voter
Pat went to another Judge who ordered that the deposition of the doctor would take place tomorrow. Felos is still up to shifty moves.

He's a snake.

By the way, Terri was in a chair until about 7:15 pm tonight. She's doing fine. Sorry I don't have the Judges' names.

Wheelchair? They fixed/got a new wheelchair? She was "allowed" out of her bed? This is wonderful!!! Thanks for the info. This is so good to hear good news.

326 posted on 11/20/2003 6:38:13 PM PST by nicmarlo
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To: KDubRN
Sorry for being dense, what you posted is extremely interesting and informative....but who is this person/what capacity, that you had the conversation (or was it e-mail?) with? Thanks.
327 posted on 11/20/2003 6:41:17 PM PST by nicmarlo
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To: IncPen; All
CP is a pompous ignorant know-nothing when it comes to the matter of libel/defamation.

Let me post some tidbits from a key case decided not too long along in California.

States Supreme Court has held that a plaintiff must produce "competent evidence of actual injury" in order to state a constitutional claim for defamation arising from matters of public concern. ... (iii) Plaintiffs Cannot Establish That Most Of The Statements At Issue Are Demonstrably False Statements Of Fact

Plaintiffs complain that Rosenthal has posted to Internet newsgroups her views that plaintiffs Barrett and Rosenthal are "quacks"; that Barren is "arrogant" and a "bully"; and that Barrett has tried to "extort" her. Such statements are not actionable, because they do not contain provably false assertions of fact, but rather are expressions of subjective judgment. As Justice Swager observed in Copp v. Paxton (1996) 45 Cal.App.4 829: "The issue whether a communication was a statement of fact or opinion is a question of law to be decided by the Court. In making the distinction, the courts have regarded as opinion any 'broad, unfocused and wholly subjective comment,' such as that the plaintiff was a 'shady practitioner,' 'crook,' or 'crooked politician.' Similarly, in Moyer, this court found no cause of action for statements in a high school newspaper that the plaintiff was 'the worst teacher at FUS' and 'a babbler.' The former was clearly 'an expression of subjective judgment.' And the epithet 'babbler' could be reasonably understood only 'as a form of exaggerated expression conveying the student-speaker's disapproval of plaintiff's teaching or speaking style.' (Cits. omitted; 45 Cal.App.4tTh at 837-838.) To the same effect, see Morningstar, Inc. v. Superior Court (1994) 23 CaJ.APP.4th 676, 691, n.5, citing cases holding that (a) referring to township clerk as "playing hide and seek" with township funds, (b) referring to William Buckley as a "fellow traveler of fascism," and (e) referring to a change of membership on public board as "sleazy sleight of hand," are nonlibelous because the comments arc phrased in vituperative terms or because the language was used in a "loose or figurative" sense. ...

"Although it may have been actionable to call someone a 'hypocrite' in 1916, or an 'old witch in 1955 (Opp. 8:24-9:5), today calling someone a 'thief" and a 'liar' in a public debate has been held to be constitutionally-protected rhetorical hyperbole.

The conclusion that Rosenthal's statements discussed above are protected opinion or rhetoric is also supported by the forum and context in which the statements were made, that is, in the "the general cacophony of an Internet" newsgroup, "part of an on-going free-wheeling and highly animated exchange" about health issues, where the "the postings are full of hyperbole, invective, short-hand phrases and language not generally found in fact-based documents." (Global Telemedia International v. Doe 1 aka PUSTEDAGAIN4O (C.D.Cal. 2001) 132 E.Snpp.2d E26l, 1267, A269-1270 [holding critical comments about Plaintiff in Internet chat-room, including that it "screwed" investors out of their money and lied to them, to be non-actionable opinion and rhetoric. Also see Gregori' v. McDonnell Douglas Corp. (1976) 17 Cal.Sd 596, 601: "[Where potentially defamatory statements are published in a public debate, ... or in another setting in which the audience may anticipate efforts by the parties to persuade others to their positions by use of epithets, fiery' rhetoric or hyperbole, language which generally might be considered as statements of fact may well assume the character of statements of opinion.")

So in conclusion my Freeper friends... feel free to call HINO and Felos rats, scum, lowlifes, murderers, scoundrels, thieves, liars, etc., etc., without fear.

328 posted on 11/20/2003 6:43:42 PM PST by AmericaUnited
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To: sweetliberty
Well, I knew that he and OPH were one and the same, but I'm not sure about other aliases he might have.

Daylate Dollarshort, legerdemain, Deep_6 (or was that Deep_Sh!te),...

329 posted on 11/20/2003 6:50:36 PM PST by FatherOfLiberty (Never attribute to malice that which is adequately explained by stupidity.)
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To: AmericaUnited
How about "murderers?" Because that is what I believe "Judge Greer," Felos and MS are.
330 posted on 11/20/2003 6:52:01 PM PST by nicmarlo
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To: nicmarlo
I did include that.
331 posted on 11/20/2003 6:52:36 PM PST by AmericaUnited
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To: FatherOfLiberty
Nah, different styles altogether.
332 posted on 11/20/2003 6:54:51 PM PST by sweetliberty ("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
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To: AmericaUnited
ooops....sorry, I just now re-read it again (third time)....now I see it....perhaps I should get my glass prescription checked.
333 posted on 11/20/2003 6:56:09 PM PST by nicmarlo
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To: sweetliberty
Evening, sweetliberty.
334 posted on 11/20/2003 6:57:12 PM PST by nicmarlo
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To: nicmarlo; KDubRN
Hi, there! Thanks for your input. Does it make any difference that this crime is not yet "completed", the would-be victim is not yet murdered? Is there any leverage over Felos in any of this?

What was so painful about being there at the hospice when Terri's tube was out -- was that I was watching a horrible crime unfold before my eyes, a slow murder was being committed! It was like watching a mugging in NYC -- just standing by, wondering why someone wasn't doing something. (sigh) I'm speaking from the heart here.

I am so thankful to know that so many good people are working on this w/Jeb, terrisfight, federal, even around the world as KDub said earlier. I know that God is looking out for Terri as we do all we see to do.
335 posted on 11/20/2003 7:05:11 PM PST by cyn (http://www.terrisfight.org)
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To: nicmarlo
Evenin' nic.
336 posted on 11/20/2003 7:06:20 PM PST by sweetliberty ("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
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To: cyn; nicmarlo; floriduh voter
Felos is a committed suicide/euthanasia advocate, to the point of obsession, as he has proved by his actions several times over. Having already loaded up on Terri's malpractice award money by way of her rat of a husband, he is now indulging his obsession. He is playing G_d for the rest of the world, and was winning the game until the Governor and legislature acted to fix what was broken.

I think he is scum, but he might not have violated any explicit rules of behaviour. Humanity, perhaps. But I am no lawyer.
337 posted on 11/20/2003 7:08:12 PM PST by MainFrame65
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To: sport
On second thought, you give human beings a bad name.



why oh why can't we get those types to 'off' themselves instead of flitting about trying to 'off' everyone else?!?
338 posted on 11/20/2003 7:16:01 PM PST by PeyersPatches (I AM intestinal fortitude)
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To: nicmarlo
How about "murderers?" Because that is what I believe "Judge Greer," Felos and MS are.



I'd agree w/that opinion!
339 posted on 11/20/2003 7:18:50 PM PST by PeyersPatches (I AM intestinal fortitude)
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To: cyn
I don't know what all the laws/rules of procedure are in Florida. And I am not a lawyer, so I don't know what the "ethics" specifically are that Felos may/may not have actually violated.

But, absent actual documents, how would one prove what Felos "knew"? He could easily get around "knowing" things by instructing Mikhell not to write anything down that would incriminate either himself or Felos. Then there's the confidentiality of work product between a lawyer and his/her client....it would have to be subpoenaed---but to get that, you'd have to have a judge inclined to issue an order to investigate Felos. Then, there's shredder machines, so handy at one time for the Klintoon Whitewater crimes.

I have no doubt that Felos is doing wrong....but how would one prove this, that's the question.

340 posted on 11/20/2003 7:20:26 PM PST by nicmarlo
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