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.

[Askel5]

I was entirely prepared for his over-the-top use of "turnip" (though, assuming he's not under another handle already, he probably finally understands what's it like being unable to communicate for a change ... to hear, read, know but only vegetate -- or stew, as the case may be.)


It was this line in particular that got me:

As for repetition? Nobody is more repetitious than you obsessives - lots of "yeah, me too-isms" on these threads.

That's about what this forum's been reduced to ... and largely because of Palpitate and his ilk who've mastered the art of flaming and -- worst of all -- fear-mongering.

When first I started reading FR about 6 years ago, all I ever read were the articles. Rarely were there a whole lot of comments on threads and most of those were way over my head at first.

I've reverted to that. It's depressing anymore to spend a great deal of time navigating through a gazillion substanceless posts which amount to little more than a mellerdrammer chorus of "BOO!!!" "HISS!!!!" "HOORAY, WE'RE SAVED!!!!" or "I THINK ANN's A HOTTIE -- MORE PICS!!" as the case may be.

[bvw]

So where is the Court TV's Nancy Grace all rights reserved sneer on that very telling and terrible sworn testimony?

[AndrewC]

I've reverted to that. It's depressing anymore to spend a great deal of time navigating through a gazillion substanceless posts which amount to little more than a mellerdrammer chorus of "BOO!!!" "HISS!!!!" "HOORAY, WE'RE SAVED!!!!" or "I THINK ANN's A HOTTIE -- MORE PICS!!" as the case may be.

BTTT

[mafree]

GO JEB!!

[T'wit]

Here's a tidbit for you when you start the next thread. (At least I haven't seen this mentioned before.) "Schiavo" means "slave" in Italian.

[nicmarlo]

what were you wondering about, tutstar? : )

[T'wit]

OK, so skip past the Trolls and join a discussion where you have expertise and clear vision to offer. I think this thread and all the efforts for Terri are a remarkable exercise in pooling minds as well as lifting hearts. We are, together, a legal-medical-research team devoted not only to save one helpless woman but to fight for the "inalienable rights" of America's founding. I hope you'll appreciate this one especially because it's akin to your good work in the Tainted Blood story.

Sure, there's repetition and small talk. Those are purely human fare and fill a need for all of us. The more so when events are troubling and we need reassurance. Anyway, we can't be heavy every minute. Comedy today, tragedy tomorrow.

It has been my experience that half the posts in anything -- from the simplest subjects to the techiest and most intellectual -- are small talk. "Stick to the subject" has always been the despair of sysops and moderators. That's just the way people are, and I like it :-) We should all have a chance to relax with each other just a bit, even if it does stray from the main discussion.

Now a somewhat related question. Does your own experience in hospice work shed some light for us?

[pc93]

From: Fight4terri08@aol.com
To: saveterrischiavo@groups.aol.com ; Fight4Terri@aol.com
Sent: Friday, November 21, 2003 2:29 PM
Subject: NEED, ASAP


Dear ALL>>>

please review ALL the Canons to the responsibilities of the Judges.

Primarily Judge Baird and Judge Greer.

Do your research and send back to me.........all accounts that you research on the internet of how they have failed to uphold the code of ethics...need to document events; prior to sending a certified letter to the JQC. Please title what you find in the subject line as the: CANON 1, etc.

Thank you,

Cyndi


Reports of misconduct by judges must be made to the Judicial Qualifications Commission at (850) 488-1581.

The opinions of the Judicial Ethics Advisory Committee http://www.jud6.org/LegalPractice/opinions/judicialethicsadvisoryopinions/Opinions.html
are available on the Sixth Judicial Circuit Website. http://www.jud6.org/
Click here to search the opinions. http://www.jud6.org/search.htm#jeacanchor

Preamble http://www.flcourts.org/sct/sctdocs/ethics/preamble.html

Definitions http://www.flcourts.org/sct/sctdocs/ethics/define.html

Canon 1. A Judge Shall Uphold the Integrity and Independence of the Judiciary
http://www.flcourts.org/sct/sctdocs/ethics/canon1.html


Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge's Activities
http://www.flcourts.org/sct/sctdocs/ethics/canon2.html

Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
http://www.flcourts.org/sct/sctdocs/ethics/canon3.html

Canon 4. A Judge May Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice
http://www.flcourts.org/sct/sctdocs/ethics/canon4.html

Canon 5. A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties
http://www.flcourts.org/sct/sctdocs/ethics/canon5.html

Canon 6. Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; etc.
http://www.flcourts.org/sct/sctdocs/ethics/canon6.html

Canon 7. A Judge or Candidate for Judicial Office Shall Refrain From Inappropriate Political Activity
http://www.flcourts.org/sct/sctdocs/ethics/canon7.html

[fiesti]

So where is the Court TV's Nancy Grace all rights reserved sneer on that very telling and terrible sworn testimony?



I was thinking this Am while watching CT and remebered Florida has the Sunshine Law....Can't we get cameras into all these hearings and then the people could see and hear for themselves just what these judges are doing....The sunshine Law enabled you to watch the recount of votes in last election.. You will see many trials on CT too because of theis law. Cameras are allowed...Hey Nancy ---come on down and do a special

[GraniteStateConservative]

Terri's problem is that she didn't have a living will. If your son has one, you need not worry. We are a nation of laws and the law is quite clear-- had Terri made clear her desires, her desires would be abided by.

[tutstar]

not mind reader, eh? LOL

I just wondered what would come up in court records for Judge George W. Greer, any suits or anything derogatory so I did a search for his name.

[drlevy88]

There is no central place to register "living wills" or advanced health care directives, which makes it too easy for one to be lost or an out-of-date one to be used. Terri's case is creepy to the max because the court is going on the sayso of three parties who could very well have a reason to lie.

[nicmarlo]

They'd hide that stuff, tutstar.

[nicmarlo]

Clearwater, Florida-AP -- Another legal wrinkle involving Terri Schiavo (SHY'-voh), the severely brain-damaged woman at the center of a Florida right-to-die case.

Governor Jeb Bush is asking an appeals court to disqualify a judge in the case, saying he's biased.

The judge, W. Douglas Baird, refused to take himself off the case yesterday.

Baird is presiding over a challenge to a hastily-passed law that allowed Bush to order Schiavo's feeding tubes reinserted. At a hearing last week, Baird said the new law intruded on Schiavo's privacy rights and was "presumptively unconstitutional."

http://www.wane.com/Global/story.asp?S=1535856

[Saundra Duffy]

Do you think Deaf-Blind people are turnips, too?

[Saundra Duffy]

The judge, W. Douglas Baird, refused to take himself off the case yesterday.

How strange! Think about it. If you were a judge and one of the parties involved objected to you because they thought you might be biased, WOULDN'T YOU STEP ASIDE?! This is weird. Baird must have some axe to grind or a point to make. Baird and Greer are not very gracious, are they.

[nicmarlo]

It's not wholly unusual for 1) a judge to be asked to recuse himself and 2) for a judge to say they won't. However, IMHO, this judge has shown CLEAR BIAS by announcing, before trial, that what Bush was doing was denying Terri's constitutional rights....this to me is clearly biased opinion on a matter he has not yet "reviewed".

[nicmarlo]

I just saw on one of Terri's threads you posted this article.......

[Askel5]

=== Do you think Deaf-Blind people are turnips, too?

Myself ... I refuse to use the word "vegetable" as a rule. I believe it dehumanizes the individual.

I'm quoting Palpatine and -- if you read a little further -- you'll find it's the utter irony of his complaining about "me-tooism" on this forum that prompted the BTTT!