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