Terri Schiavo update: Judge Baird's is OFF case.

Hospice Patients Alliance ^ | 1-5-04 | Ron Panzer

[cpforlife.org]

This is a Hospice Patients Alliance Special Update Jan 5, 2004, sent out periodically to inform the public about news affecting hospice and end-of-life care.

We have just confirmed that ALL of Judge Baird's cases, INCLUDING the suit by Michael Schiavo v Gov Bush related to the Terri's Law, challenging its constitutionality, HAVE been transferred to Judge Nelly Khouzam. This information came directly from Judge Khouzam's assistant. Judge Khouzam is known to be a "by the book" tough, but fair judge.

For a little about Judge Khouzam see:

"Diminutive judge sits tall behind the gavel" Northpinellas St Petersburg Times 12/29/2002 http://www.sptimes.com/2002/12/29/NorthPinellas/Diminutive_judge_sits.shtml

The court is NOT explaining why the judges were suddenly switched, except to say that "judges rotate from time to time." We believe it might have something to do with:

Local PINELLAS COUNTY COURT BAILIFFS AND COURT EMPLOYEES WERE TAKING BETS ON WHETHER TERRI WOULD DIE OR NOT!!!

It was widely reported that Judge Baird made reckless and prejudicial comments in support of Greer and Felos and against Jeb's lawyers way before he had heard the evidence from the Governor's attorneys.

In other words, Judge Baird's comments are the likely reason local Pinellas County employees were doing "inside betting" that the local Pinellas County Judges would back each other's poor and constitutionally illegal decisions against Terri's constitutional rights and thus overrule Jeb Bush and Terri's Law. The 6th Circuit Judges are upset to have anyone tell them they are morally and legally wrong...... whether it's constitutionally illegal or not to murder Terri.

Conducting inside betting on the case is a severe violation of the code of conduct for court employees! Whether that is, or is not, the reason the judges have been switched, the very important change in judge can be extremely significant to what happens to Terri. We are hoping that Judge Khouzam will give the Gov a fair hearing in the case and allow the discovery he sought (which was denied by Baird). If Judge Khouzam allows some discovery as requested by Gov Bush, it could make all the difference!

You heard it hear first!

Ron Panzer President, Hospice Patients Alliance http://www.hospicepatients.org

[daylate-dollarshort]

Thank you, I lost the last picture of your mother you posted.

[FR_addict]

"You are making assumptions that the bone scan is “proof “ that MS attacked and brutally beat Terri Schiavo on the morning of her collapse."

I don't think posters here believe that Michael beat her on the day of Terri's collapse. You don't have to beat someone to strangle them. She may have been taken completely off guard.

The bone scan may prove that there had been previous beatings inflicted by Michael. That may have been one of the reasons that Terri, a practicing Catholic, was telling her girlfriend that she planned to divorce Michael.

I am still trying to find the references to the information you cited in your post #115 above. I can't find the information. You take things out of context and I would appreciate the original references to your statements above.

I see on your home page that you are or have been an investigator for:
1) an investigator for our local State's Attorney's Office
2) a paralegal / investigator both in private practice
and as an employee of more than a couple
of law firms.

Are you working for or previously worked for anyone connected to this case? You seem to be driven in your quest to have Terri killed.

[daylate-dollarshort]

"Are you working for or previously worked for anyone connected to this case?"

No, I have not worked for anyone connected with this case.

"You seem to be driven in your quest to have Terri killed."

I am not driven in any quest to have Terri killed, though a lot of the Terri crew would like to think so. In fact I am pro life, at least to the extent that I oppose abortion in general and consider partial birth abortion nothing more than murder for convenience.

I simply believe that any decision in this situation must be predicated upon truth and fact not hysteria, lies or half truths. Further, I believe that there are those that are using Terri Schiavo to advance their own agendas and stature. Unfortunately that will only be proven when this debacle has run its course.

As far as "finding the references" I have accurately cited them. Each and everyone has been posted here on Free Rupublic in their entirety, albeit to make other points in most cases. I deny taking anything out of context. As to the verification of that, go to the Second DCA's website and review the opinions.

[daylate-dollarshort]

"I don't think posters here believe that Michael beat her on the day of Terri's collapse. You don't have to beat someone to strangle them. She may have been taken completely off guard."

I respectfully disagree with this statement. There is an oft quoted statement that in some unidentified expert's opinion "somebody worked her over real good". I would further assert that even if Michael Schiavo beat her in the past and broke the bones enumerated in the bone scan report, someone would have had to know- certainly her own family.

They lived in an apartment and neighbors never heard a thing or noticed injury? Prior to the apartment they lived with her parents- do I need to say more?

Further, there would have almost certainly been medical treatment sought.

No records or evidence of these prior beetings? Hmmmmm

[daylate-dollarshort]

beetings = beatings oops-

[wisconsinconservative]

What Terri's Taught Us

Americans are starting to realize that unless they protect themselves, Terri Schiavo's nightmare could one day be their own.

By Karla Dial
http://www.family.org/cforum/citizenmag/features/a0029484.cfm

It was hard to miss the national media frenzy when Terri Schiavo — the brain-injured woman whose husband and parents have been locked in a bitter, decade-long legal battle over her life — was disconnected from a feeding tube for six days last fall.

Her case has sparked a national dialogue on the need to clearly define one’s wishes for end-of-life care — and the kinds of injustices that can be committed upon the disabled, sick and elderly where no such definition exists.

Schiavo isn’t the first nonterminal, brain-injured person to rely on a feeding tube — and she’s not the first whose family members have disputed whether she would rather starve to death than live with a disability. But never before has a case reached such a fever pitch.

Terri’s rescuers — her parents, Bob and Mary Schindler, as well as pro-life and disability-rights groups — tried first to go through the courts. When those arguments failed, citizens from all over the country jumped in: Florida legislators and Gov. Jeb Bush were swamped with hundreds of thousands of e-mails urging them to take action. Those pleas succeeded, at least for the time being, in saving Terri’s life.

But what about the rest of us? What can we do to ensure that our health care wishes are followed, even if we can no longer speak?

“What we’ve done is privatize killing,” warned Nancy Valko, president of Missouri Nurses for Life. “People need to understand that once you privatize it, all bets are off. Everyone is a potential victim, and we need to demand the very highest standards for the medical and legal systems — because they can kill you.”

Clear and Convincing Evidence

One of the most astonishing revelations to come out of the Schiavo case is how low those standards actually are.
“The court concluded there was clear and convincing evidence that [death instead of living with a disability] was [Terri’s] intent,” George Felos, Michael Schiavo’s attorney and a well-known euthanasia advocate, told Citizen during an interview last summer.

But what exactly was that evidence?

After Terri’s initial collapse from unknown causes in 1990, Michael Schiavo sued his wife’s doctors for malpractice when it became clear she’d suffered brain damage. He told the court, in moving testimony, about his plans to rehabilitate his wife — and as a result, was awarded a $1 million judgment as well as court fees. Seventy percent of that money was put into a medical trust to pay for Terri’s care.

“Clearly, [the money] would not have been awarded if she didn’t want treatment and they were going to discontinue it,” John Kilner, president of the Center for Bioethics and Human Dignity, told Citizen.

But eight years later, as Schiavo was trying to end his wife’s life over her parents’ objections, he said he recalled that, after watching a movie about Karen Ann Quinlan — whose parents had to fight the state of New Jersey for the right to take her off a ventilator after she fell into a drug-induced coma — Terri said she’d never want to be hooked up to a “machine” or become a “burden.” There was no written record of the conversation, so he produced two witnesses: his brother, and his brother’s wife.

Yet the Schindler family and one of Terri’s closest friends argued that she never would have said something like that — and, in fact, vividly recalled for the court conversations in which she’d said just the opposite.

While trying to sue his wife’s doctors, Schiavo never indicated that she would want anything but rehabilitation — but after receiving the judgment, he put her in a nursing home where she received only minimal care. He used the money that was supposed to be spent on her therapy to pay the lawyers he’d hired to help him end her life. And he went on to father two children with the woman he’s lived with the last seven years.

Given those well-documented conflicts of interest, the evidence he presented to the court was anything but clear and convincing, said Max Lapertosa, an attorney who’s argued several cases for the disability-rights group Not Dead Yet.

“If the husband is wrong, and he gets his way,” he told Citizen, “that’s an error that can never be reversed. This only differs in scope from the Nazi attitude toward disability. The common attitude in the 1930s was that the disabled should be eliminated from society, whether you had to sterilize them, lock them up or kill them.”

It was just a matter of time until a case like Schiavo’s came up, explained Valko, who’s been concerned for decades about loopholes in guardian statutes that make abuses possible.

“If your grandmother dies, you can’t just walk into court and say, ‘Grandma told me she wanted me to have her house,’ ” she said. “But apparently, someone can do that with your life.

“It’s a shame we have more protection for our property than our lives.”

But efforts are under way to change that. The National Right to Life Committee has drafted model legislation that could be adapted to fit each state, presuming that an incapacitated person without documented wishes would want nutrition and hydration to stay alive — and allowing civil suits to be filed against people who violate that presumed desire.

But since it could take time for all 50 states to adopt such laws — and since some may not do it at all — the best protection you can have is what you create for yourself.

“This case should be a wake-up call for adults of all ages to make sure they have an advance directive,” Kilner said. “Not only because of what this means for you, but also what it means for your loved ones.”

In Your Own Words

Everyone over the age of 18 should have some form of end-of-life-care instructions, advised Rita Marker, head of the Ohio-based International Task Force on Euthanasia and Assisted Suicide. People have several options — but some choices have inherent weaknesses, and many laypeople find the legal terminology confusing.

At the very least, everyone should discuss with their loved ones whether they want to have things like do-not-resuscitate orders put in their medical files, and the circumstances under which they might want them carried out. And it’s just as important to say which kinds of care you do want — for instance, food and water, or antibiotics for infections — as it is to say what you don’t, like a ventilator or experimental surgery.

But Marker urged caution.

“Many of the likes and dislikes you discuss with your family don’t need to be in a legal document, and it’s often better not to have them in there, in case you change your mind,” she said. “Those should be ongoing discussions. The best thing to do is tell them and have them write it down, because if it’s in your handwriting, it could be considered a legal document.”

By contrast, advance directives are legal documents that come in two basic forms: living wills and durable powers of attorney for health care decisions. Living wills, sometimes called “directives” or “declarations,” are the oldest kind — and also the form pushed most often by the right-to-die movement, because they tend to be poorly written, and thus easier to construe as death sentences. In fact, they were invented in 1967 by the Euthanasia Society of America, which now calls itself Choice in Dying.

The Patient Self-Determination Act of 1990 requires all federally funded hospitals to find out if patients have advance directives when they’re admitted — and if they don’t, to ask them to sign one. But living wills give physicians a lot of discretion, allowing them to define as extraordinary the care you might consider basic.

“[Living wills] are basically contracts, but no one is explaining them to the patients,” Valko told Citizen. “They don’t tell you what ‘terminal’ means — which basically means anything a judge wants it to mean. They’re calling Alzheimer’s a terminal disease. All the definitions have changed. But people are blithely signing these things. If you do and it goes to court, it will stand — and it won’t matter then what you thought you were signing.”

“Living wills end up being blank checks to unknown physicians,” Marker agreed, “with your life instead of your money at stake.”

To get around that, “some people say they’ll give [decision-making power] to their attending or family physician — but nobody knows who their attending physician will be at any given point in time,” Marker added. “In a big-city hospital, you could have four in one day. And not many people have the luxury of a family physician anymore.”

The solution to that problem is the durable power of attorney for health care decisions, which allows patients to appoint someone familiar with their personal beliefs as a stand-in decision maker if they’re incapacitated. The appointee gathers all the information they can about the patient’s condition and options, and then makes medical decisions based on his previous discussions with the patient.

A common mistake people make is combining elements of durable power of attorney for health care decisions with elements of the living will — appointing an agent and saying he and the doctor should know the patient’s wishes. That’s problematic, Marker explained, particularly if the agent and doctor interpret things differently. The solution is to make sure your personal agent always has authority over the physician.

Most important, Kilner said, is that patients select the right person to make decisions on their behalf. Many times it’s a spouse or family member, but not always.

If the wrong people hold the patient’s life in their hands, the results could be disastrous — something Bob Schindler knows all too well.

As Citizen went to press, he was in court, fighting for the right to have Terri’s sister or brother named as her independent guardian — anyone but the husband who remains intent on starving her to death.

“It’s mind-boggling,” Schindler told Citizen. “Just the way she’s been ignored all these years, that they haven’t removed him as her guardian.”

---

This article appeared in the January 2004 issue of Citizen magazine. Copyright © 2004 Focus on the Family. All rights reserved. International copyright secured.

[wisconsinconservative]

Back on the Terri threads I see. Whatsa matter? Run out of puppies to kick?

[russesjunjee]

WOWEE! you broke out Ye old dictionary for that one...lol

I appreciate the grammar and syntax check you did for me. I've always had problems with that. If you'll just mark those in red ink for me maybe I can benefit from your criticism next time...lol

Spokesman? hhhmmm...good question.....I'm glad you brought that up. I wonder if Judge Khouzam knows that you have appointed yourself her spokesman? You must know her personally to be able to say that she will definitely rule against Terri’s law. She probably wouldn’t appreciate you predisposing her judgments to the public.

I’m really flattered that you took the time out of your busy schedule to read all my posts. It must have been horrible for you, especially with my terrible grammar...lol

You bark pretty loud when your chain is yanked daylate. What happened to all that passive/aggressive legal blather?

NEWS FLASH: As of December 7th daylate has upgraded his debunkathon to a MARATHON DEBUNKATHON!!!!!

[floriduh voter]

JOSEPH FARAH'S MOST SPIKED STORIES OF 2003: Terri comes in at number 9.

9. The Terri Schindler-Schiavo case. While the Terri Schindler-Schiavo case ultimately received massive media coverage, that reporting was often more distorted to the point that the real issues of the case became clouded.

DISTORTED IS AN UNDER-STATEMENT yet Terri has obtained celebrity status.

[floriduh voter]

Michael Schiavo did a statement at www.tbo.com when Terri was re-hydrated. Michael Shiavo put in writing that "this is bigger than Terri and me."

Yes, I believe that comment by Michael. This is one contorted mess courtesy of the 6th Circuit, Pinellas County, the State Attorney and attorneys who know what buttons to push, the Sheriff as well, Hospice of the Suncoast the 2nd DCA and the Supremes. They all said "kill Terri".

Terri's not terminal and I like Michael believe it's bigger than he and Terri. IT'S A GRAND MESS and place the guilty parties in jail and throw away the key!!!

[floriduh voter]

Any Federal Jury Trial background? You don't seem to be aware of or concerned about ADA or other civil rights violations committed against Terri Schindler-Schiavo.

While peering into medical records, LET'S NOT FORGET THAT TERRI HAS RETAINED RIGHTS AS A U.S. CITIZEN. Her rights have been trampled upon. Attempted murder 2 or 3 times so far and GENDER BIAS to the hilt.

[floriduh voter]

russesjunjee does not brag about helping Terri's fight. But they've been pivotol and am glad to see them posting at Free Republic. Hardly a johnny come lately. As usual, you are straying off topic. Shouldn't paralegals stay focused?

[floriduh voter]

Dr. Hammesfahr will be on highway2health on the internet this evening discussing Terri's case. YOU DON'T DISCUSS STRANGULATION DO YOU? Wonder why not?

[floriduh voter]

You can't spell either? Welcome to the human race. lol

[daylate-dollarshort]

Can spell...can't type.

[FR_addict]

I asked you if you worked for anyone on this case having done investigative work in Florida and you said no. Do you know any of the people involved in this case personally? Perhaps from other cases?

What do you consider to be "hysteria, lies or half truths"?

That some of us believe that Terri's case needs to be looked into again. That there are plenty of facts about this case that have been overlooked by the judges in this case? Is this what you consider half-truths? That Michael has been called a loving husband by these same judges, yet lives with another woman and has children by her. Most of us consider Michael Schiavo a husband in name only. Because we want to have this man removed as Terri's guardian and allow the parents or siblings to be Terri's guardian, is this part of the hysteria you are talking about? The fact that most of us get emotional thinking about what the mother, father, and siblings have gone through because of this husband, is this part of your hysteria?

I would appreciate if you would explain what you mean by "hysteria, lies and half truths". I don't think anyone supporting Terri's law is lying at least not intentionally. And hysteria is in the eye of the beholder. I see our efforts on Terri's behalf paying off. We helped to get Terri's law passed. Perhaps to you it is hysteria, to me it is a grass roots campaign to save a woman's life.

I do not see Terri's law as unconstitutional at all. If that were the case, half the laws out there would be unconsitutional. The judges are suppose to interpret laws, not make laws. The legislature passes the laws and no matter how many times Felos says the law is unconstitutional, it doesn't make it so.

[daylate-dollarshort]

Tell me floriduh voter, how many of the following statements do you subscribe to?

*Terri used to be on a blink protocol which means she communicated her wishes and thoughts through a system of blinks. She was removed from blink protocol in an attempt to make people think she is in a coma.

*Terri’s injuries upon her arrival were massive…including a broken neck and broken ribs…yet her medical condition was described as a heart attack.

*Terri is not, nor has she ever been on life support.

*Terri’s husband has denied her any rehabilitation even though he was awarded nearly one million dollars to pay for it.

*Terri’s rehab money has been spent, but not one dime of it has been spent on rehab.

[HiTech RedNeck]

Prior to the apartment they lived with her parents- do I need to say more?

No you don't; you may sit down and shut up for good beginning now.

[HiTech RedNeck]

any decision in this situation must be predicated upon truth

Do you consider a, say 33% chance that Terri might NOT have asked for such a fate in spite of Mikey and family's anecdotes, sufficient "truth" in a moral sense? (33% based on a civil court's threshold of "clear and convincing evidence" as being, say, 2/3 assured). There's a reason why criminal courts don't even convict of jaywalking without proof "beyond a reasonable doubt." Ought not such rigor apply to the matter of someone's very life?

You give lip service to "principles" but then affirm that you would be okey if they led clear to hell.

[HiTech RedNeck]

(Consider the last rhetorical. I am not asking you to actually answer. Just to think.)