Posted on 01/05/2004 1:42:20 PM PST by 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
Very disappointing, indeed.
Not only did Baird grossly pre-judge this case with his 'Presumtively Unconstitional" remarks before ever seeing the state's arguments, but Baird's own obvious RUSH TO JUDGMENT further emphasises his bias:
I think Chief Judge Demers should be flooded with mail that it is an outrage for Baird to try to usurp this case now, from criminal court.
It might not hurt to also remind Judge Demers that his circuit court did not object when the Legislature FIRST intervened and affected Terri's active case in 1999, making euthanasia of any disabled person legal.
So why should the same court NOW object when the Legislature intervenes a SECOND time in 2003, in the exact same case?
Also, in general, from what I've briefly gathered, I feel good about Judge Khouzam taking over Terri's case. It's too bad Greer wasn't also reassigned.
re post 46: FV: What's this about being able to appeal THIS circuit court's rulings to ANY APPEALS COURT?
I thought this circuit could ONLY appealed by the 2nd DCA?
* the same appeals court that ruled for Terri's death at least twice before.
* the same appeals court that illegally IMO, took sides, and MANDATED that Greer favor Michael's team, by rewriting the motion a specific way so that Terri's death could be unappealable.
The little devil was mighty sure of himself, wasn't he? Just goin' through the motions....
By the way, I would think that Bush's team could withdraw the outstanding appeals if Judge Khouzam was assigned the case, and refile them if necessary. They might want to go with her, rather than relocate to the capitol, although msmagoo's post #75 shows that there's a possibility the Judge could be removed.
It's late, am I making sense?
Great post, FL_engineer, but then I find that all your posts are pretty darn good! :o)
As to "Baird made his opinion public, before hearing both sides of the case..." That issue was put to rest by the decision of the appellate court who found that there was no "foul" and supported their decision with the relevent case law. That decision could be appealed to the Florida Supreme Court, however it isn't likely that it will be accepted.
Your post is very important in reminding us all what Terri & her family have been and are still up against, so here it is again:
Terri has a bodyguard around the clock so that even her parents, etc. don't sneak anything into the room - cameras, recorders, flowers. Terri is kept prisoner in a room.
The only time Terri has been outside in years was when Morton Plant Hospital REFUSED to admit her after she starved for almost 7 days. They were obeying Atty Felos. Terri was outside for quite some time. She was not automatically admitted to get rehydrated.
Through the help of Freepers [and others!] and VIPs in the Beltway, the IV was begun around 9:30 pm on October 21, 2003. (Terri left for the hospital between 5:00 and 6:00 pm and was outside being refused treatment).
Furthermore, Terri's physician AND OTHER AREA PHYSICIANS declined to treat her out of fear of Felos et al -- this acc. St. Pete Times article was out of fear of Felos.
Let us also remember that Terri's family was not given updates on her condition and they were not allowed to visit her. When they were finally given the go-ahead Weds evening and went to the hospital to see her -- they were told she was not there! They were not told where she was, or HOW she was for HOURS. For all they knew, she might have been dead. fv put up some excellent posts detailing this.
IOW, Terri's fight is up against an unbelievable enemy who fights dirty and to the death. These are the things other people need to KNOW and remember.
My prayers for Terri, her family, her supporters, and all involved in her case continue. It is good to be here with you all.
Do you have a link?
Statistically, MS, the HINO, is far more likely to kill or attempt to kill his wife than a stranger. The fact that he has tried to kill at least Terri twice before seeking the court's permission might not play too well in front on Judge Nelly Khouzam, who has little sympathy for llama abusers and even less, I'm sure, for wife-beaters.
Homicide trends in the U.S.
Intimates are defined to include spouses, ex-spouses, boyfriends, and girlfriends
Most victims of intimate homicide are killed by their spouses, although much less so in recent years.
ZING!! Good catch, FL_engineer!
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