Appeals court declines to remove judge in Schiavo case

Sarasota Herald Tribune ^ | December 10, 2003 | The Associated Press

[daylate-dollarshort]

Appeals court declines to remove judge in Schiavo case

The Associated Press

CLEARWATER, Fla. An appeals court rejected Gov. Jeb Bush's assertion that the circuit judge overseeing the case of a severely brain-damaged woman is biased and refused Wednesday to remove him.

The 2nd District Court of Appeal refused to bar Pinellas-Pasco Circuit Judge W. Douglas Baird from hearing arguments regarding the constitutionality of a new law enacted to reinsert the feeding tube keeping Terri Schiavo alive after her husband had it removed.

Bush's attorney, Kenneth L. Connor, argued that Baird had already made up his mind, citing statements the judge made from the bench last month in which he said the new law is "presumptively unconstitutional" and deprives Schiavo of her right to privacy.

But the appellate court said Baird's comments were not improper and "legally insufficient to instill a well-founded fear of prejudice or bias."

[Theodore R.]

Yes, today's appeal court ruling set the mechanism in place for her execution, I think, sometimes in early to middle 2004. Douglas Baird, a FL "Republican", has already said for all practical purposes that he will strike down the law. Today the appeals court said that Baird could sit on the case despite his obvious (self-stated) bias. The FL judiciary -- both D and R -- is corrupt to the core, but the people are too blind to see. Actually, Terri has won very, very few favorable court rulings in the past six years. Her greatest court victory was the once that halted the first attempt at starvation and dehydration in 2001. Otherwise, I cannot think of anything she has really "won" from the corrupt FL judiciary.

[Theodore R.]

What you have explained here, Kaylar, is a good synopsis of why many of the FL judges (and judges elsewhere too) are just plain POWER-MAD. The crave bossing their "inferiors" around because they "know best."

[Theodore R.]

The problem is that the FL Supreme Court and the U.S. Supreme Court have refused to hear any pleadings regarding poor Terri. I would imagine, however, that this time the FL Supreme Court will hear the "constitutionality" of Terri's Law and will uphold the appeals court, which will confirm Baird's decision to strike down this needed legislation. It's all a "fix" in liberal FL, and too many conservatives are asleep at the switch.

[nicmarlo]

Yes; there were a slurry of filings on 12/8/03...I wanted to post them this a.m. but ran out of time. Here's from 12/8 (with just a couple of extras from the 4th/5th) (SORRY IT'S SO LONG, but they're all from the 8th!!!:

Uniform Case	Pinellas Case	Section	Case Type	Type
522003CA008212XXCICI	03008212CI	020	DECLARATORY	CI
Style:	SCHIAVO MICHAEL
vs.	BUSH JEB
Jury Trial	STIP	NOTH	Reason	Type Disp.
		Y
Filling Date	Appeal Date	Judg. Date	Reop Date	Docket Date
10/21/03	11/14/03
Case/Cat
DECLARATORY JUDGMENT

 

10 Docket Entries, 12/08/03 to 12/08/03

Pages	Date	P/D	Docket Entry	Ver
	12/08/03	DEFENDANT	PROBATE CASE 90-2908GD-003	F
	12/08/03	DEFENDANT	COPY DEPOSITION OF WILLIAM CAMPBELL WALKER MD 112103 FROM	N
	12/08/03	DEFENDANT	NOTICE OF FILING ATTD	N
	12/08/03	DEFENDANT	MOTION SUMMARY JUDGMENT FROM PLTF
	12/08/03	DEFENDANT	COPY AFFIDAVITS OF MARY SCHINDLER IN OPPOSITION TO	N
	12/08/03	DEFENDANT	NOTICE OF FILING ATTD	N
	12/08/03	DEFENDANT	MOTION SUMMARY JUDGMENT OF PLTF	F
	12/08/03	DEFENDANT	COPY AFFIDAVITS OF ALEXANDER T GIMON PHD IN OPPOSITION TO	N
	12/08/03	DEFENDANT	NOTICE OF FILING ATTD	N
	12/08/03	DEFENDANT	MOTION SUMMARY JUDGMENT OF PLTF	F
	12/08/03	DEFENDANT	COPY AFFIDAVIT OF JACOB GREENE MD IN OPPOSITION TO	N
	12/08/03	DEFENDANT	NOTICE OF FILING ATTD	N
	12/08/03	PLAINTIFF	OPPOSITION TO MOTION SUMMARY JUDGMENT OF PLTF	F
	12/08/03	PLAINTIFF	COPY AFFIDAVIT OF MONSIGNOR THADDEUS MALANOWSKI IN	N
	12/08/03	DEFENDANT	COPY AFFIDAVITS OF ROBERT SCHINDLER JR IN OPPOSITION TO	N
	12/08/03	DEFENDANT	NOTICE OF FILING ATTD	N
	12/08/03	DEFENDANT	MOTION SUMMARY JUDGMENT FROM PLTF	F
	12/08/03	DEFENDANT	COPY AFFIDAVIT OF SUZANNE SCHINDLER CARR IN OPPOSITION TO	N
	12/08/03	DEFENDANT	NOTICE OF FILING ATTD	N
	12/08/03	DEFENDANT	MOTION SUMMARY JUDGMENT FROM PLTF	F
	12/08/03	PLAINTIFF	NOTICE OF FILING ATTD	N
	12/08/03	PLAINTIFF	MOTION SUMMARY JUDGMENT OF PLTF	F
	12/08/03	PLAINTIFF	COPY AFFIDAVIT OF WILLIAM SCOTT RUSSELL JR MD IN OPPOSITION TO	N
	12/08/03	PLAINTIFF	NOTICE OF FILING ATTD	N
	12/08/03	PLAINTIFF	OPPOSITION TO MOTION SUMMARY JUDGMENT OF PLTF	F
	12/08/03	PLAINTIFF	COPY AFFIDAVITS OF KIMBERLY TAKACS/TRUDY CAPONE IN	N
	12/08/03	PLAINTIFF	NOTICE OF FILING ATTD	N
	12/08/03	PLAINTIFF	MOTION SUMMARY JUDGMENT OF PLTF	F
	12/08/03	PLAINTIFF	COPY AFFIDAVITS OF ROBERT SCHINDLER SR IN OPPOSITION TO	N
	12/08/03	PLAINTIFF	NOTICE OF FILING ATTD	N
	12/08/03	PLAINTIFF	MOTION SUMMARY JUDGMENT OF PLTF	F
	12/08/03	PLAINTIFF	SARA GREEN MELE MS CCC-SLP IN OPPOSITION TO	N
	12/08/03	PLAINTIFF	COPY AFFIDAVITS OF MYRA S STINSON MA CCC-SLP/	N
	12/08/03	PLAINTIFF	NOTICE OF FILING ATTD	N
	12/08/03	DEFENDANT	IN OPPOSITION TO PLTF MOTION SUMMARY JUDGMENT	F
	12/08/03	DEFENDANT	COPY AFFIDAVITS OF CAROLYN JOHNSON/HEIDI LAW/CARLA SAUER IYER	N
	12/08/03	DEFENDANT	NOTICE OF FILING ATTD	N
	12/05/03	CLERK	(((((VOLUME 4 ENDS)))))	N
	12/05/03	DEFENDANT	DCA ORDER: DENYING REQUEST FOR ORAL ARGUMENT #03-5244	F
	12/04/03	PLAINTIFF	MOTION TO STRIKE 120203	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]

Thanks, nicmarlo. Now another question on behalf of the legally-challenged (moi). With all the different court cases I can't seem to remember whether MS is the plaintiff or the defendant in this case. I would think he would be the plaintiff, but I'm just not sure anymore when I read these filing notices.

Does anybody know who William Scott Russell, Jr., M.D. is? (23rd entry down the list.) That name isn't ringing any bells to me.

[sweetliberty]

One of these days you will have to give us the English version. LOL!

[nicmarlo]

Schiavo is the plaintiff in this case...he's suing Bush (Terri's Law). And I've never heard of a Dr. William Scott Russell, Jr., before, either.

English version of my post will follow, sweetliberty, lol....let me look it over again (sorry, I just keep over-assuming it is "English"......being in the legal field, it just seems like "normal" English to me, lol) (isn't that pathetic? : )

[nicmarlo]

Here goes; let me know if there's something I overlooked. Starting from the bottom up:

12/5: DCA (District Court of Appeals) denied Defendant's (Bush) Request for oral argument (I'm assuming this has to do with its decision that "judge" Baird does not have to recuse himself).

Now to 12/8 filings:

Bush filed with the Court in this case, the following:

1. Copies of the affidavits of:

a. The nurses/nurses assistants Johnson, Law, and Iyer (Iyer's the most damaging against MS, IMHO).
b. Suzanne Schindler Carr
c. Robert Schindler, Jr.
d. Monsignor Thaddeus Malanowski
e. Alexander T. Gimon, PhD
f. Mary Schindler
g. 11/21/03 Deposition of William Campbell Walker, M.D., from the Probate Case. This is the doctor who was deposed (asked questions, under oath) about the bone scan.

2. Objection to Motion for Summary Judgment. (As I told you in my last "English" translation, Bush would file an objection to such a request. Felos, by filing a summary judgment motion, is probably asking the judge to end the whole case now and make a decision based on the papers now before Baird, without the benefit of a trial, before a jury. I haven't read Felos' motion, but that is my assumption. In any event, Bush is objecting to this, as well he should. Read this, posted on a website about summary judgment motions....it matters not that it is based on California law, the principle is the same and it explains it much better than I ever could....also, read the following, from that website:

California courts traditionally - and quite properly - view summary judgment suspiciously because it denies those against whom it is imposed their precious right to a jury trial.

3. Copy of MS' Motion for Summary Judgment (perhaps as an exhibit to a motion). [Motions for summary judgment are judgments made on matters of law, not issues of fact, things that cannot be "materially in dispute" (such as chickens lay eggs, dogs have puppies).] Issues of fact cannot be decided by a judge; those are for juries to decide.

MS filed with the Court, the following:

1. Several "Notices of Filing ATTD Copy Affidavits..." (probably means an "attested copy," just stating that these copies are verified as true copies of the originals--because the originals were most likely filed in the other court cases on Terri). PLEASE NOTE: "Notice of Filing ATTD" seems to appear in the box UNDERNEATH the document it is describing.

2. Copies of affidavits of:

a. Myra S. Stinson....haven't heard of her before, don't know if she's a counselor, or what.
b. Robert Schindler Sr.
c. Kimberly Takacs (don't know who she is)
d. Trudy Capone (this is the lady who said that MS had a child in 1990 and "another on the way" as of May 1991. In 2002, MS claims he had only one child, Olivia, born that year, with Jodi--thus making MS have at least 3, possibly 4, children.).
e. William Scott Russell, Jr., MD.
f. Jacob Greene, MD.

3. A document written by Sara Green Mele, again, don't know who she is.

4. Motion for Summary Judgment (see short explanation above).

[sweetliberty]

Does Schiavo do anything besides go to court?

[nicmarlo]

Does Schiavo do anything besides go to court?

Why, yes, sweetliberty. He writes lots of checks (to the tune of at least $490,000 of checks) out of Terri's rehab/medical award to pay Felos et al. to murder Terri.

[Ohioan from Florida]

A thousand thank yous. Sara Green Mele is the speech therapist that the Schindlers brought in at the Sept. 11th trial that said in her professional opinion, Terri would make an excellent candidate for speech therapy and swallowing therapy. She has a nice resume to back up her statement, as most of her clients are people who have been severely impaired like Terri.

[nicmarlo]

Well, that's odd, seeing as how it is Felos who filed that affidavit......

[Ohioan from Florida]

Does Schiavo do anything besides go to court?

Of course! He fathers illegitimate children while professing to love his "wife" and carry forward her "true" wishes to be starved and dehydrated to death! BARF!

[Ohioan from Florida]

Now you see why the layman gets confused as to who the plaintiff is and who the defendant is. LOL!

[nicmarlo]

yeah, that too; how could I "forget"?

[nicmarlo]

Legalese is very confusing....very much so. I have learned enough to have learned I don't know very much, lol! : )

[sport]

It is over.

The judges protect each other.

Governor Bush had lost.

There is no justice in Florida Courts, particularly Pinellas County.

Anyone that wishes to kill their wives of husbands with the blessing of the law, Pinellas County is the place to go.

Shyster lawyers and crooked judges abound.

[Ohioan from Florida]

I wonder what Felos wants to bring her testimony in for? What's he got up his sleeve?

[nicmarlo]

To discredit her...can be the only reason.

[nicmarlo]

But, we are talking about the evil Felos....and, since I'm not evil, he may well have an additional reason, besides the attempt to discredit her.