Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Bush Argues For Schiavo Evidence
Tampa Tribune ^ | Jan 21, 2004 | David Sommer

Posted on 01/21/2004 4:10:23 AM PST by amdgmary

Bush Argues For Schiavo Evidence

By DAVID SOMMER dsommer@tampatrib.com Published: Jan 21, 2004

CLEARWATER - Gov. Jeb Bush told an appeals court Tuesday that he cannot defend his right to keep Terri Schiavo alive without gathering evidence and questioning witnesses. Bush wants to know why Michael Schiavo was able to win a ``seven-figure award'' in a medical malpractice case over his wife's 1990 heart failure without telling the jury in that case that she would not want to be kept alive with a feeding tube, the governor said in a pleading filed with the 2nd District Court of Appeal.

``Why did Mr. Schiavo present evidence regarding the cost of a long-term life care plan during that civil case when he knew that his wife wouldn't want to live under those circumstances?'' the pleading states.

Bush also wants to question nursing home personnel regarding allegations raised in recent sworn statements in which a nurse reported Michael Schiavo called his wife an insulting name and expressed a wish for her to die.

Bush further questions whether Terri Schiavo would want her husband making ``end-of-life decisions for her'' if she knew he was living ``with another woman with whom he has conceived two children.''

Those and other issues raised by Bush were addressed by a probate judge in a 5 1/2- year battle between Michael Schiavo and his in-laws, Bob and Mary Schindler, over Terri Schiavo's fate.

That judge, backed by appeals courts, allowed Michael Schiavo to remove his wife's feeding tube in October.

The Legislature responded by passing ``Terri's Law,'' which allowed Bush to order the feeding tube's reinsertion.

Michael Schiavo in turn sued Bush, alleging Terri's Law is unconstitutional because it allowed the governor to intrude on his wife's right to medical privacy.

Circuit Judge Douglas Baird, who is presiding over the Terri's Law case, has ruled that Bush should not be allowed to question witnesses and collect evidence. To do so would be to relitigate the underlying probate case over whether Terri Schiavo would want to be kept alive in what her husband's doctors say is a persistent vegetative state with no hope of recovery, Baird ruled.

Bush is appealing that and another Baird ruling.

Baird has said he is ready to rule on the constitutionality of Terri's Law, but is awaiting the outcome of the appeals.

George Felos, who represents Michael Schiavo, said Tuesday that Bush continues to raise issues that are irrelevant or already have been decided in the underlying case.

``The governor may disagree whether the probate court was right or wrong, but that is not an issue in this case,'' he said.


TOPICS: Culture/Society; Extended News; Front Page News; News/Current Events; US: Florida
KEYWORDS: govjebbush; terrischiavo; terrischindler; terrislaw
Navigation: use the links below to view more comments.
first 1-2021-22 next last

1 posted on 01/21/2004 4:10:24 AM PST by amdgmary
[ Post Reply | Private Reply | View Replies]

To: amdgmary; floriduh voter; sweetliberty; KDubRN; Mo1
ping!
2 posted on 01/21/2004 4:12:51 AM PST by nicmarlo
[ Post Reply | Private Reply | To 1 | View Replies]

To: amdgmary; cyn; floriduh voter; Robert Drobot; fiesti; msmagoo; tutstar; pollywog; ...
Ping
3 posted on 01/21/2004 4:12:53 AM PST by amdgmary
[ Post Reply | Private Reply | To 1 | View Replies]

To: amdgmary
Good. I'm impressed at the way Bush keeps on fighting in this case.
4 posted on 01/21/2004 4:13:48 AM PST by livius
[ Post Reply | Private Reply | To 1 | View Replies]

To: amdgmary
Great article, amdgmary...thanks for posting....succintly points out the evil being done in this case!
5 posted on 01/21/2004 4:14:00 AM PST by nicmarlo
[ Post Reply | Private Reply | To 1 | View Replies]

To: amdgmary
Good man.
6 posted on 01/21/2004 4:15:33 AM PST by mabelkitty
[ Post Reply | Private Reply | To 1 | View Replies]

To: amdgmary; phenn; lilypad
"Those and other issues raised by Bush were addressed by a probate judge in a 5 1/2- year battle between Michael Schiavo and his in-laws, Bob and Mary Schindler, over Terri Schiavo's fate. "

Addressed? more likely dismissed, as in never considered, isn't it, given what court watchers have said. What Bush et al want is to get the answers at long last.

Thanks for posting this update!

7 posted on 01/21/2004 4:40:35 AM PST by cyn (www.terrisfight.org)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mabelkitty
This David Sommer who writes for the Tampa Trib is one of very few locals that posts anything close to the facts in the area. I would be surprised if the St. Pete Times would ever print anything with this tone. You just don't see anything mentioned about HINO's evil in that paper. The Sunday edition had an article about hospices and mentioned the Schiavo case - the author came toes up on the issue and then just dropped it.
8 posted on 01/21/2004 5:20:48 AM PST by lilypad
[ Post Reply | Private Reply | To 6 | View Replies]

To: amdgmary
Bush further questions whether Terri Schiavo would want her husband making ``end-of-life decisions for her'' if she knew he was living ``with another woman with whom he has conceived two children.''
IOW, Mr. Schiavo is effectively in a common-law marriage with someone else and--unless bigamy is legitimized by the court--does not merit unquestioned status as a member of Terri Schiavo's family.
Bush wants to know why Michael Schiavo was able to win a ``seven-figure award'' in a medical malpractice case over his wife's 1990 heart failure without telling the jury in that case that she would not want to be kept alive with a feeding tube, the governor said in a pleading filed with the 2nd District Court of Appeal.

``Why did Mr. Schiavo present evidence regarding the cost of a long-term life care plan during that civil case when he knew that his wife wouldn't want to live under those circumstances?'' the pleading states.

IOW, why didn't Mr. Schiavo's presentation of evidence regarding the cost of a long-term life care plan before a court estop him from claiming later that the cost of long-term care should be mooted by court-ordered discontinuation of that care?
9 posted on 01/21/2004 5:39:58 AM PST by conservatism_IS_compassion (Belief in your own objectivity is the essence of subjectivity.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nicmarlo; All
I'm delighted Gov. Bush wants to know the answers to some off the questions we have been raising here, but I'm bothered by the lead sentence:

Gov. Jeb Bush told an appeals court Tuesday that he cannot defend his right to keep Terri Schiavo alive without gathering evidence and questioning witnesses.

Does this mean that Baid, who is hostile to the Schlinders and sides with Greer is going to allow Terri to be murdered if Feelouse is successful in preventing the evidence? Or am I mixing my judges?

10 posted on 01/21/2004 6:26:45 AM PST by Budge ( <>< .)
[ Post Reply | Private Reply | To 2 | View Replies]

To: All
Yeah for Gov. Bush -

I sent a note to the reporter suggesting he would also want to report on the motions filed by Schiavo. The major media outlets make it seem that Bush is the only one filing motions.

11 posted on 01/21/2004 6:55:30 AM PST by a5478 (a5478)
[ Post Reply | Private Reply | To 10 | View Replies]

To: amdgmary
Thanks for the ping. I'm glad Gov. Bush is fighting this. I am not a Pro-Lifer, but this is outright murder and should not be condoned by the state of Florida or any other legislative or judicial body.
Terry Schiavo has the right to live and she has demonstrated her ability to communicate and interact over and over again in the tapes on her website. I don't understand why Michael Schiavo has gotten as far as he has. The man is obviously concerned with nothing other than his own interests. This is a very dangerous precedent for us all.
12 posted on 01/21/2004 8:20:23 AM PST by stanz
[ Post Reply | Private Reply | To 3 | View Replies]

To: amdgmary
Keep up the good fight, JB. We are all with you, Terri and Terri's blood family and we are continuing to pray for the best outcome.
13 posted on 01/21/2004 8:39:16 AM PST by Donna Lee Nardo
[ Post Reply | Private Reply | To 1 | View Replies]

To: stanz
Thanks for the ping. I'm glad Gov. Bush is fighting this. I am not a Pro-Lifer, but this is outright murder and should not be condoned by the state of Florida or any other legislative or judicial body.

I agree. Let's pray for Terri -- and fight for her.

14 posted on 01/21/2004 8:43:22 AM PST by The Other Harry
[ Post Reply | Private Reply | To 12 | View Replies]

To: The Other Harry
We have to keep the pressure on the polticians as well as inform anyone who might help Terri.
15 posted on 01/21/2004 10:20:21 AM PST by Dante3
[ Post Reply | Private Reply | To 14 | View Replies]

To: amdgmary
Major Terri BUMP !!
16 posted on 01/21/2004 10:51:43 AM PST by Saundra Duffy (For victory & freedom!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: amdgmary
Thanks for posting this. Good report from this reporter. It's been a pretty long dry spell, huh? Thanks for keeping us posted. Go, Terri!!
17 posted on 01/21/2004 2:18:19 PM PST by Saundra Duffy (For victory & freedom!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Budge
Gov. Jeb Bush told an appeals court Tuesday that he cannot defend his right to keep Terri Schiavo alive without gathering evidence and questioning witnesses.

Does this mean that Baird, who is hostile to the Schlinders and sides with Greer is going to allow Terri to be murdered if Feelouse is successful in preventing the evidence? Or am I mixing my judges?

Baird is "judging" the Constitutionality of Terri's Law. If he strikes it down, this will allow Greer to proceed with killing Terri.

18 posted on 01/21/2004 3:00:37 PM PST by nicmarlo
[ Post Reply | Private Reply | To 10 | View Replies]

To: amdgmary
I like Jeb. He is a decent human being, and I hope God is on his side throughout this ordeal with Terri Schindler.
19 posted on 01/21/2004 7:52:55 PM PST by sisterjforteri
[ Post Reply | Private Reply | To 1 | View Replies]

To: amdgmary
I thought Judge BAIRD was replaced by the chief Judge in the 9th Circuit, regarding this case. I'm almost sure of this.
20 posted on 01/21/2004 7:57:25 PM PST by tenthirteen
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-22 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson