New Guardian Urged for Terri Schiavo, More Evaluation of Her Condition Needed

LifeNews.com ^ | December 2, 2003 | Steven Ertelt

[nickcarraway]

Tallahassee, FL (LifeNews.com) -- An independent guardian appointed for Terri Schiavo told Governor Jeb Bush Tuesday that she deserves a permanent guardian other than her estranged husband Michael. He also claimed Terri is in a permanent vegetative state, but added that she should be re-evaluated by experts.

Under Terri's Law passed by the state legislature, an independent guardian was authorized to provide Governor Bush with recommendations about Terri's situation.

On October 31, Chief Pinellas-Pasco Chief Judge David Demers appointed Dr. Jay Wolfson, a professor of health and law at Stetson University in Florida, as Terri's guardian ad litem, despite the suggestion of bias from Terri's family.

Wolfson submitted a lengthy thirty-page report to Bush on Tuesday.

According to a source familiar with the report, Wolfson describes Terri as being in a persistent vegetative state. However, numerous doctors say otherwise and videos made by Terri's parents show her responding to doctors and her family.

Dr. William Hammesfahr, a neurologist from Clearwater, where Terri was hospitalized, is a recognized national expert on PVS and is a Nobel prize nominee. He says Terri's eyes clearly fixate on her family and she tries to follow the simple commands her parents give her.

"She looks at you, she can follow commands," Hammesfahr said.

Wolfson says Terri should be granted a permanent guardian other than Michael Schiavo. Among other concerns, Terri's family says has denied her appropriate medical and rehabilitative care he was obligated to provide from a medical malpractice award he received.

Wolfson also said medical experts should be brought in to evaluate Terri's cognitive function and her rehabilitative abilities.

Following the passage of Terri's Law, Wolfson told WFTS-TV in Tampa, Florida: "If this law stands the constitutional test of the courts, then it certainly implies the executive of our state has the prerogative of injecting the state into your life, or your family member's life."

Pat Anderson, the family's attorney, later told LifeNews.com that they met with Wolfson and were "very hopeful he can get his work done in the thirty days given to him."

Related web sites:

Terri's family - http://www.terrisfight.org

[fiesti]

Prayers do work !!!! Please sweet Jesus continue to keep thy arms around your innocent child Terri and keep her safe.
Happy Birthday Terri

[MontanaBeth]

Amen, Pegita, Amen.

[pollywog]

Baird said that he may allow some questioning to take place later in the case.

Is he STALLING to wait on the Supreme ruling of the " Terri's Law"???

[msmagoo]

This just went up on the LifeNews.com site, might be why the Wolfson article link isn't working:

Judge Prevents Bush Attorneys From Gathering Info for Terri's Law Suit

by Steven Ertelt
LifeNews.com Editor
December 2, 2003

Pinellas Park, FL (LifeNews.com) -- A judge on Tuesday granted a motion filed by Terri Schiavo's estranged husband Michael that would prevent attorneys for Governor Jeb Bush from taking depositions in the lawsuit related to Terri's Law. Bush's attorneys hope to gather evidence disproving Michael's claims that Terri would prefer to die than live in the disabled state she is in currently.

The decision likely means that a trial will not be held and the case will be decided on summary judgment soon.

Pinellas Circuit Court Judge W. Douglas Baird granted the motion filed by Michael's attorney George Felos, an assisted suicide advocate who is getting help from the ACLU.

Felos claimed the testimony would be irrelevant and that Judge Baird should only decide whether Terri's Law is constitutional and not reexamine the facts of the case. Michael has sued to overturn the law and remove Terri's feeding tube for a third time.

Attorneys for Bush wanted to depose seven people that would help them defend the law that allowed Governor Bush to ask doctors to reinsert the feeding tube that is helping Terri stay alive.

Michael Schiavo and Jodi Centonze, the woman with whom he lives and has one child and another one the way, are two of the people Bush attorneys want to question.

Terri left no advanced directive indicating her preference for medical treatment. Michael claimed years after Terri's collapse that he vaguely remembered Terri saying she didn't want to be kept alive artificially.

However, a longtime friend of Terri vividly remembers a conversation they had concerning a woman who had been in a coma for six years. Terri's friend told a crude joke. It upset Terri and she responded by asking whether the doctors and lawyers could possible know what the woman wanted and said, "Where there's life, there's hope."

Judge Baird has been accused of being biased in the case by already saying Terri's Law is possibly unconstitutional, despite Bush not having yet made his case for it. He has refused to step down from the case.

Michael's attorneys have asked Baird to deny hearings and an ultimate trial and instead issue a summary judgment opinion. A December hearing date on the request has been set for mid-December.

Baird's motion today denying the depositions makes it appear more likely that he will block a trial and issue a quick opinion on the law's constitutionality.

This is the second time Michael has attempted to block depositions.

A judge previously rejected an attempt to block the discovery of new information that could be used to replace Michael as Terri's guardian. Terri's parents, Bob and Mary Schindler, hope new information can be gathered to prove whether or not Terri was a victim of physical abuse that led to her collapse.

They want Terri's brother Bob Schindler, Jr., replace Michael as her guardian.

The Schindlers are hoping to uncover new information pointing to the need to change guardianship -- including questioning the radiologist who conducted a bone scan on Terri in March 1991 that showed she was possibly a victim of physical abuse. Felos claims Bush is attempting to intervene in the guardianship lawsuit by deposing witnesses in the lawsuit regarding Terri's Law.

[sweetliberty]

"He will probably ask Baird to remove himself for bias again."

Didn't Bush appeal Baird's refusal to remove himself?

[Graymatter]

Here's another one from Life News
http://www.lifenews.com/bio160.html


Pinellas Park, FL (LifeNews.com) -- A judge on Tuesday granted a motion filed by Terri Schiavo's estranged husband Michael that would prevent attorneys for Governor Jeb Bush from taking depositions in the lawsuit related to Terri's Law. Bush's attorneys hope to gather evidence disproving Michael's claims that Terri would prefer to die than live in the disabled state she is in currently.

The decision likely means that a trial will not be held and the case will be decided on summary judgment soon...

[atruelady]

Yes. He is now asking a higher court to remove Baird. This doesn't surprise me at all for Baird to do what he is doing. Baird is "Greering" the case. Time to FReep Baird AGAIN!

[KDubRN]

I think everybody should hound the hades out of baird.
He will be one I will have a petition for at the birthday party.

Also, for those prayer warriors who prayed and contacted Stutz619@aol.com, here is what she said status post testing today.
Well good news my stents remained opened, my blood pressure never increased past the normal range during the entire test 140/90 the last time it was 241/124
and the miracle is that my heart has completed re routing itself. It created new passages to get blood to the heart.
My cardiologist released me today
Praise God
I cant believe that my heart rerouted itself
Yes, now all I have to do is worry about the anurism
I see the surgeon on Thursday
but with what they are doing with that also it should be much safer than even months ago.
what is collateral set up
(ME: when your circulation sets up a collateral path or network)
I honestly thought that they were blocking again
Stutz619 [4:27 PM]: and who knows I may have been right, till all those prayers went up last night. I truly believe in miracles
I have met so many wonderful people through this thing with Terri
The emails were incredible
Therefore, many thanks to all who have contacted Ang, and for the prayers particularly

[Robert A Cook PE]

How did the judge justify THAT ruling?

[FR_addict]

"I hope the LifeNews story was correct. It sounds like if it is, Judge Greer will have to make a decision in the case, whether to appoint a new guardian or not."

"How soon would this have to be done??"

I'm really don't have any idea. I'm just trying to be positive about the outcome. It just seems reasonable to me.

Can anyone find out from Terri's organization if Judge Greer could go ahead and appoint a new guardian if he gets a recommendation to remove Michael?

[Recovering_Democrat]

Human life is precious. Glad to see someone is recommending protecting the same.

[msmagoo]

Still pending, I think. He can file a new motion making new allegations of bias, though.

I do not think the Constituional question can be decided on summary judgement. See page 10 of Bush's repsonse of Nov. 19. Other Constitional challenge precedents are cited; one in which the parties waived an evidentiary hearing was found to leave a record insufficient to determine whether a consitutional attack could be sustained. In other words, it's impossible to decide whether Terri's Law is Constituional without determining the facts of the case. That cannot be waived even when parties agree to waive it.

In another case, Constitutional challenges were found to be a mixture of "law and fact" meaning that it is not simply a question of "Did Greer follow the law?" but also, "Is the law justly applied to the circumstances of Terri Schiavo?"

In other words, the Estelle Browning case, she left two living wills specifying she wanted to have her feeding tube removed. Terri Schiavo did not. Browning was not meant to put people to death when their wish is not clear and families disagree. FL legislature closed a loophole in law. Tough $#@$ for HINO.

[Graymatter]

http://www.pennlive.com/newsflash/pa/index.ssf?/base/news-10/107040144755662.xml

Bush said Tuesday nothing in the report has changed his mind that it was right to keep Terri Schiavo alive.

[floriduh voter]

Allright!!! Any news on the Case Mgmt Conference that was held this afternoon in Pinellas County or was this related to that? Please advise if you know.

[floriduh voter]

Wolfson is not a medical doctor. PVS patients are misdiagnosed 43% of the time.

[Pegita]

Heavenly Father, we return to give You thanks that You have graced Governor Bush's team with great legal skills and with hearts that reverence life. Lead them through the maze that has been constructed by the merchants of death .. bring forth all people who have some bearing on the desire to end Terri's life .. shine the light of Your truth into the shadows of deceit and deception, that Terri might once again come into the sunlight of her family's love.

Again, Father, we seek that one judge who will give the key to this mother's child that unlocks the door to her prison. Guard her health until that time .. let no one come near who would do her harm .. thank You for the heavenly host who surrounds her day and night .. may she be aware of Your presence and be comforted in ways that not only sustains her, but enriches her beyond measure. We long for the day when she will be at home with her family, well enough and able enough to express her love for all who desire fullness and length of days for this beloved woman.

Continue to go before her into the courts, Creator God, and call those to account who have not given her justice. Remind them that each is in authority by the Grace of God, and they are charged by You to render justice to the people. Thank You for those who are faithful to this task .. may those unfaithful repent and make amends, while there is yet time.

We sing Your praises, Heavenly Father, and rejoice that tomorrow can be a day of celebration ... let not the forces of darkness come upon this day .. send them away, for You are the God of Love and Mercy and Truth and Life. In the Name of Jesus, I pray, Amen ...

[floriduh voter]

Does anyone on this thread want to be on the birthday list for tomorrow or is that in the can already? Free Republic will have a very 1776 table with a town cryer, an eagle and lady liberty standing with an eagle. Daniel Webster will be standing with the donation can for Terri. Free Republic's table will be lavender, red, white and blue. Candy too.

[floriduh voter]

ping. Wolfson wants Michael Schiavo OUT OF THE PROCESS...

[floriduh voter]

Baird didn't rule out questioning at a later date. I think he's tip toeing through the tulips by not ruling it out altogether. He did that in case Jeb was considering appealing the ruling. Jeb's counsel could still appeal the ruling but they're doing pretty good so far.

[FR_addict]

Thanks for the link.
http://www.pennlive.com/newsflash/pa/index.ssf?/base/news-10/107040144755662.xml

It is the most complete so far.

Here's part of the article:

"But as along as there is controversy in the case of Terri Schiavo, guardian Jay Wolfson is asking to remain on the case in hopes of settling the fight between her husband, her parents and the governor, the report said.

He also recommended that swallowing tests be conducted on Terri, to see if she would be able to eat on her own.

Wolfson, the University of South Florida professor appointed by a judge last month to investigate the case, had attempted to broker a settlement between Michael Schiavo, the governor and his in-laws in their battle over the fate of Terri Schiavo, the report said. But on Sunday the negotiations broke down and no agreement could be reached.

Wolfson had been charged with gathering evidence to support whether the stay enacted by Bush blocking the removal of Terri Schiavo's feeding tube should remain in effect.

Bush was moved by Terri Schiavo's parents, Bob and Mary Schindler, to stop Michael Schiavo from ending his wife's life in October. Her parents have contended their 39-year-old daughter is disabled, but still hears and reacts to them.

Bush said Tuesday nothing in the report has changed his mind that it was right to keep Terri Schiavo alive.

"I see nothing in the report that changes any feelings I have about whether or not the stay should be lifted," Bush said, adding he respected Wolfson's effort. "I don't believe that's appropriate.

Bush said he agreed with the assessment that Terri undergo swallowing tests.

"That's the good news part of this," he said.

Wolfson said in his report that as long as controversy exists in the case, an independent guardian whose only charge is to look out for Terri Schiavo's interest should be appointed to represent her. Michael Schiavo currently serves as his wife's guardian."