Terri's Fight - (Daily Thread/Updates) November 24-30

Various | November 23, 2003 | sweetliberty

[sweetliberty]

(Thread 10 - November 24-30) Link back to thread 9 (Nov. 19-23)

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Contained in Thread 9:

Carla Iyers testimony, Terri's 1990 physical exam and treatment plan, contact information for Judges Demers, Greer and Baird, judicial misconduct and how to report it, address to send cards for Terri's birthday, contact information for Bernie McCabe, link to friend of the court brief filed on behalf of Florida legislature, police report following Terri's collapse and Michael Schiavo: Profile of a Sociopath.

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Click on pic for Terri's website

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This thread serves as a place for posting all new general information and references, along with links following Terri's case, plus information on cable news and talk radio shows dealing with the issue, court cases and press releases. This is also the place to post contact information, prayers and general discussion.

If you have something that qualifies as BREAKING NEWS or FRONT PAGE NEWS, please post it on a separate thread in that category in order to give it maximum exposure and then post a link to the article/thread here so that it will be included in the next update of links. Also, if you post links to articles from original sources and there is also a thread on FR, please link to the FR thread. Many original links become corrupt over time and we want to be able to access the information at will.

This thread will stay up through next Sunday. I will be in Kentucky for Thanksgiving, but I will still be able to check in with y'all, just not as often.

A reminder: please do not post personal information on the public forum. We have lots of folks on scene down in Florida and we don't want them having any problems with the death squad.

INDEX OF TERRI THREADS ON FR

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Latest threads on Terri's Case:

Appeals Court Overturns Stay, Lawsuit Against Terri's Law Proceeds

Michael: Block Bone Scan Showing Possible Abuse of Terri Schiavo

Court lifts stay in Schiavo - Bush battle

Governor Seeks New Trial Over Brain Damaged Woman's Wishes

Governor Jeb Bush Seeks Full, Fair Hearing to Defend Terri's Law

Where did word "vegetative" come from, anyway? That's a loaded term that devalues human life.

Update on Terri's Law

Judge in Terri's Law Case Refuses to Step Down Despite Possible Bias

It's Not Only About Terri Schiavo

Behind Scenes: How Terri Schiavo was saved ( ????? )

[Snykerz]

Schiavo asks judge to block
questioning of potential witnesses

By MITCH STACY
The Associated Press
11/26/2003, 4:18 p.m. ET

TAMPA, Fla. (AP) — A husband battling Gov. Jeb Bush in court over the
fate of the man's severely brain-damaged wife is trying to block Bush's
attorneys from questioning some potential witnesses.


George Felos, an attorney for
Michael Schiavo, asked a
judge Tuesday to stop Bush's
attorneys from taking
depositions from seven
people, including Schiavo and
the woman with whom he now
lives.

Felos contends testimony of
those witnesses would be
irrelevant to the issue at hand
— the constitutionality of a
state law that let Bush order
reinsertion of Terri Schiavo's
feeding tube last month.

He accused the governor of trying to improperly intervene in the fight over
Terri Schiavo's guardianship. Her parents have mounted a court challenge
to try to show their son-in-law as unfit to be legal guardian.

"His notion of intent to depose these witnesses is nothing more than an
attempt by the governor to reopen guardianship proceedings, something
he is not permitted to do in this case," the motion said.

Bush's attorney, Kenneth L. Connor, in a court filing Monday, said that in
addition to Schiavo and the woman with whom he lives, Jodi Centonze,
depositions will be sought from Schiavo's brother and sister-in-law, Scott
and Joan Schiavo, and three doctors who have examined Terri Schiavo.

All but Centonze have testified in previous court proceedings in the case.
Scott and Joan Schiavo testified about what they said were Terri Schiavo's
statements that she would never want to be kept alive artificially.

Bush spokeswoman Alia Faraj said the governor's attorneys need to
question the witnesses to determine if they have relevant testimony.

"This is an opportunity for the governor and the governor's legal
representation to make those decisions themselves," she said.

Circuit Judge W. Douglas Baird of Clearwater, presiding over the
constitutional case, had not yet seen the motion, a spokeswoman said
Wednesday.

Michael Schiavo is suing the governor over last month's hastily passed
law that let Bush intervene in the six-year long legal battle over the fate of
Terri Schiavo, who has been in a persistent vegetative state since 1990.

Michael Schiavo has said his wife, who was raised in the Philadelphia
suburb of Huntingdon Valley, Pa., never wanted to be kept alive artificially.
Doctors had removed the feeding tube keeping her alive when the
Legislature gave the governor the power to intervene and order the tube
reinserted.

The husband contends that was a violation of his wife's right to privacy and
the separation-of-power provision of the Florida Constitution.

Terri Schiavo's parents, Bob and Mary Schindler, dispute that she is in a
persistent vegetative state. They say she responds to them and could
improve with therapy, and they dispute that she ever said anything about
end-of-life wishes.

Baird plans to meet with attorneys Tuesday to talk about a timeline for the
case.

[pickyourpoison]

bump

[msmagoo]

Terri already proved she can last six days - now let's see if HINO and Felos are willing to take their own medicine.

Call it the "will to live test" - if both die, no great loss to humanity!

[msmagoo]

Bush and Connor have a lot of deposing to do. Now we will find out if MS fathered a child prior to Terri's collapse. The noose tightens!

[lonevoice]

The case is currently set to begin in December, but Baird could render a decision immediately if he grants Michael's motion.

Any news yet about how, or if, Judge Baird ruled on this motion?

[KDubRN]

Nothing

[cyn]

great, thanks for the info. I hope LKL works out for them this time. Have a good Thanksgiving. Hope the Schindlers get to have a good time together, too, and that Terri can be with them soon.

[STARWISE]

Question: I've never noticed that Terri has a noticeable amount of drool seeping from her mouth, even though it is mostly open. If she couldn't swallow, wouldn't she be drooling?

Thanksgiving prayers for our brave military and all in need of His loving grace and peace. God Bless Terri and her family and her warriors.

[supercat]

If she couldn't swallow, wouldn't she be drooling?

Yes, and therefore would be capable of receiving at least some amount of food or water by mouth. Whether she could receive enough food and water to live on would be an open question, but she is clearly capable of swallowing something. Given that, there was no concionable reason for Michael to have denied Terri oral hydration. Even if he had been 100% telling the truth about her wish to die and even if she in fact had and has such a wish, that would still not excuse his efforts to ensure that it was by dehydration rather than starvation.

[STARWISE]

The bad karma this monster has racked up is terrifying.

[nicmarlo]

FYI: today's filings: Pinellas County Court Records, Schiavo v. Bush

 

10 Docket Entries, 11/26/03 to 11/26/03

Pages	Date	P/D	Docket Entry	Ver
	11/26/03	DEFENDANT	BY JEB BUSH	F
	11/26/03	DEFENDANT	NOTICE OF INTENT TO TAKE DEPOSITIONS	N
	11/26/03	PLAINTIFF	SUMMONS RETD SERVED JEB BUSH 112103	F
	11/26/03	PLAINTIFF	NOTICE WITHOUT WAIVER OF FILING ATTD	N
	11/26/03	PLAINTIFF	OPPOSITION TO MOTION TO STRIKE	F
	11/26/03	PLAINTIFF	CERTIFICATE OF SERVICE PETITION FOR DECLARATROY JUDGEMENT ETC	F
	11/26/03	PLAINTIFF	MOTION SUMMARY JUDGMENT	F
	11/26/03	PLAINTIFF	MOTION FOR PROTECTIVE ORDER	F
	11/26/03	PLAINTIFF	REPLY BRIEF	F
	11/26/03	PLAINTIFF	NOTICE OF HEARING 121903 @1:30	F

NOTH	Notice of Hearing
STIP	Stipulation
Ver	Verified: F=Filed, N=Not Filed/Notice. There is no case file document associated with a notice.

[Ohioan from Florida]

Thank you. That's good info to know.

Just checking in briefly before I'm pretty much out for the holiday. I will try to check in from afar. Everyone have a nice Thanksgiving and may God bless all of you! Praying for safety in travel, and of course for our beloved Terri and her family!

[lonevoice]

Thanks for that, Nic. So, it looks like there still aren't any hearings scheduled until December 19th? In the meantime there was a flurry of filings today, with Schiavo filing for a summary judgement and Jeb serving notice of his intention to take depositions. If anyone with legal experience can shed more light, please do.

[nicmarlo]

Also, Schiavo filed this: MOTION FOR PROTECTIVE ORDER. That could be for ALL of the depositions that Bush wants to take. A Motion for Protective Order is to stop Bush from being able to do get evidence.

Here's an EXAMPLE of what Felos and Mikhell may have filed (this according to PUBLISHED REMARKS by Felos):

The motion will be, and is based, on the ground that Defendant's (Bush) Request for DEPOSITIONS of (names the doctors/witnesses that Bush wants to ask questions of under oath, perhaps, Mikhell, Jodi, Dr. Baden, the nurses, and others)] seek information that is neither relevant nor reasonably likely to lead to the discovery of admissible evidence.

and/or

The motion will be, and is based, on the ground that Defendant's (Bush) Requests for PRODUCTION OF DOCUMENTS are overbroad, that they seek information [i.e., MEDICAL RECORDS] that are neither relevant nor reasonably likely to lead to the discovery of admissible evidence, and that literal compliance with them would be oppressive, and would impose on Michael Schiavo an undue burden.

Of course, this is just a guess (but based on comments Felos has made to the press).

[nicmarlo]

Here's the actual Motion for Protective Order filed by Felos; it is to block all seven depositions from going forward (one is for the girlyfriend, Jodi).

http://www.zimp.org/documents/motprotorder112503.pdf

[nicmarlo]

The Case Management Conference is set for December 2, 2003, at 1:30 p.m.

This is standard procedure in litigation wherein there is an "agreement" as to how the litigation will proceed. For instance, timetables are set for cutoff dates/deadlines for motions, depositions, etc. There are specific dates entered as to when things must be filed/as to when depositions and other discovery (evidence) must be obtained, etc.

Most likely, it is the Plaintiff (Schiavo) who prepares the Case Management Order (CMO), prior to the Conference. The Defendant (Bush) must give his "okay" and/or recommend changes to that CMO. If there are areas where the parties cannot agree, it is put before the Judge to decide. At the Conference, the Judge can strike out/add information on the CMO which he would then "enter" on that date. Generally speaking, all parties, including the judge, are then bound to the CMO, nothing can change from how the case proceeds after that point (unless both parties and the judge agree to the change). Of course, I've seen times where a judge made a change to the CMO without both parties' consent.... : )

[sweetliberty]

"one is for the girlyfriend, Jodi"

Oh, THAT would be interesting. I hope these toads don't even consider dismissing any of it. Sounds like ploys of desperation to me. Bring 'em on. Sooner or later these judges will have to listen, especially with the whole world watching. This just can't be swept away!

[nicmarlo]

I hope these toads don't even consider dismissing any of it.

I hope not either, but it's very possible that a Protective Order may be granted.

[Orlando]

While Americans celebrate Thanksgiving Day with there love
ones and family, we must remember that many can't be with
there love ones and family.

I hope and pray that the Schindlers family can see and be with Terri today ???
Unless that evil ******* is preventing it....?
We know he enjoys control and likes to punish and torture
people.

HEY Mike !! What are those Drugs for , you take in 1990
and still ? LOCO problems, or Sexual Sickness problems ?
or to control your ANGER ? or ALL of the above ?

[floriduh voter]

Terri doesn't drool at all.