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Law to keep brain-damaged woman alive ruled unconstitutional (Baird Rules Against Terri)
Sun-Sentinel ^
| May 6 2004
Posted on 05/06/2004 11:07:29 AM PDT by nickcarraway
TAMPA -- A judge ruled Thursday that the law pushed by Gov. Jeb Bush to keep a severely brain damaged woman alive is unconstitutional. The governor's office filed an immediate appeal.
(Excerpt) Read more at sun-sentinel.com ...
TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: courts; florida; hospice; law; medicine; righttolife; schiavo; terrischiavo
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To: HiTech RedNeck
It seems to me that the laws are very clear, and they're clearly being violated. I'm baffled! I would like to see the elimination of a spoken directive as opposed to a written directive, but I don't think it's necessary in Terri's case. The burden of proof was never met, as currently defined by law. I think the one thing that's needed more than anything else is a way to make the judges abide by the laws already on the books.
261
posted on
05/07/2004 1:52:15 AM PDT
by
BykrBayb
(5 minutes of prayer for Terri, every day at 11 a.m. EDT, until she's safe.)
To: BykrBayb
Well, this case sure points out that with the current crop of judges [?] there needs to be a Grand Canyon wide margin of error in the law. The law needs to require ironclad proof of full INFORMED consent (no foggy grannies being given to sign the last page of a document they can't even understand). Maybe they can grandfather in the current cases, if they are so worried about someone sans living will losing their "rights." But no new Terris. No killing fields in Florida.
To: HiTech RedNeck
Amen!
263
posted on
05/07/2004 2:00:23 AM PDT
by
BykrBayb
(5 minutes of prayer for Terri, every day at 11 a.m. EDT, until she's safe.)
To: pc93
I can do it, check your freepmail.
264
posted on
05/07/2004 2:03:16 AM PDT
by
tutstar
( <{{--->< http://ripe4change.4-all.org)
To: nickcarraway; All
265
posted on
05/07/2004 3:22:27 AM PDT
by
phenn
(http://www.terrisfight.org)
To: phenn
They claim
The Florida State Legislature and Governor Jeb Bush made a grave error in their effort to overturn the evidentiary decisions of several courts in regard to a person's expressed wish about her own health care.
Ahem??? All the "evidentiary decisions" (alleged findings of fact) were made by Greer. Everything else was a matter of wrangling over points of law.
To: nickcarraway
Must be why Michael himself broke that privacy by going on national television talking about spreading her legs, how she smells and her period, etc. In a parallel universe Terri is the weapon being thrown in the field by people trying to kill her (not for the feint of heart):
http://cryptome.org/iraqis-shot.htm
267
posted on
05/07/2004 3:59:17 AM PDT
by
pc93
To: Ohioan from Florida
Actually he was already involved for many years before resigning from Hospice of Florida Suncoast.. he was on up to 2001. I have the documentation.
268
posted on
05/07/2004 4:06:43 AM PDT
by
pc93
To: pc93
Can someone host my AHCA April 1st investigation to the list and my complaints, etc. documentation to the list?
269
posted on
05/07/2004 4:07:53 AM PDT
by
pc93
To: supercat
Whoa....how long did Karen breath on her own. I have forgotten this tragedy.
Truly you have touched upon something significant.
Karen lived after the respirator was removed.
Terri-who cannot make the movements to feed herself (as far as we know since she has NEVER been offered the chance to improve since MS got his big money windfall) would DIE if her feeding assistance was removed because of a HANDICAP not because she wants to die.
Besides-----we don't know if with gentle training she couls SWALLOW.
Does Terri swallow her saliva?
There is such a difference here....and now knowing that the Pope has declared that withholding food is not unlike murder (my words)....
There are NO reliable witnesses unrelated to MS's belated claim that Terri would not want to live if in need of assistance.
There is, however, great evidence that MS withheld this so called desire of Terri to die if in need of help until AFTER he received a large sum of money.
There is deep suspicion, found in the affadavits of many individuals who cared for Terri, that MS is a monster. There is a possibility that MS caused her accident in the first place...why is Terri's FRIEND's statement that MS was furious with Terri the day before the accident not as CREDIBLE as MS's own siblings?
There is also the possibitlity that MS did everthing he could to keep Terri from communicating what happened to her at the time of the accident by denying her ANY and ALL THERAPY after he got his money.
Killing Terri may be the work of a man who actually WANTS her dead to save his own skin....that is the horror of this case. That combined with his treating his wife like a caged rat with no stimulation, physical or mental, no joy, no outings, no laughter. My guess is she is deeply afraid of him.
Let her story ring out across our nation with intense force .... and may Greer, Demers and Baird hear from ALL OF US and many, many others as well.
And MS, if you are reading this, a genuine sociopath like yourself, who obviously leaps for joy at the power you hold over Terri, but even MORE SO at the punishment you can inflict upon her parents and those who love her by denying them visits, know this-
Terri is alive, a fighter like no one I have ever heard of before, especially consider her helpless state as you, her very own monster, administer your incredible hatred. But you Michael, are truly dead. In your very soul. You are the walking dead. By trying to rob Terri of her God given spirit, you have lost your own. And Michael-it shows.
To: pc93
Could you help me out and forward those documents? I have a friend who is a host of one of WABC radio NYC programs. I would love to send him this information so he can discuss it with callers.
271
posted on
05/07/2004 4:55:48 AM PDT
by
mware
To: pickyourpoison
prayer bump
To: nickcarraway
Personally I would not to live like that and have infact put my request in a living will. I have to wonder why however Ms.Teri's husband has gone to such lengths to have her put away. He seems to be on some kind of mission that seems almost criminal. I also wonder what type of kickback the liers and Judges are getting off her demise. If her family wants to take care of her, let them. Strange to say the least.
273
posted on
05/07/2004 5:09:09 AM PDT
by
JamesA
( The more you try to change my convictions the more resolved I am to keep them.)
To: FL_engineer; floriduh voter; cyn; kimmie7; Mo1; Robert Drobot; pc93; lakey; windchime; MHGinTN; ...
Thank you to all who have been on the front lines in this fight to defend Terri's life.
Baird said the governor's argument that he is protecting the disabled doesn't stand up in the face of a Florida Supreme Court opinion that says the disabled retain their personal right to privacy. Baird said the governor failed to spell out any compelling state interest that would have been adequate to override violating Terri Schiavo's right to privacy.
Judge has a funny definition of 'privacy' - for one who can not speak on her own behalf, and for whom the only evidence of her wishes in this matter is the word of one who has been working to kill her for years. Privacy, according to Judge Baird?
Praying for Terri, her family, neighbors, local churches, leaders, judges, Gov. Bush, the Florida legislature, and the American people.
Once more....and again and again, if necessary:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
More of Terri's defenders:
~~~~~~~~~~~~~~~~~~~~~
Local Florida press:
To: JamesA
Don't think it is money with the judges-but do believe the motivation is directly related to not wanting to face deep and horrific prior decisions. If not-then it must be a genuinely callous and overt lack of knowledge regarding our constitution.
They are putting the highly suspicious words of MS and Felos above Terri's obvious fight ( AND RIGHT ) to live.
You have to wonder what Demers, Greer and Baird see and hear when they are confronted by petitions from MS and Felos.
They believe they are more powerful than the Govenor-that they hold the keys to our rule of law-even tho it is the GOVENOR who can stay a prison execution.
I guess Terri is lower than a prisoner (tho she is kept in worse conditions-something the judges have overlooked for YEARS!). Lower than an animal for which there are laws to protect.
And worse-these judges have not ONCE considered the suspicion surrounding Terri's initial accident and even worse than that-they crush the parents of Terri with EVERY RULING.
Since when did our nation become a place where love was left out of the equation?
To: nickcarraway
Life
276
posted on
05/07/2004 5:19:16 AM PDT
by
PGalt
To: Wampus SC
Man, did you hit the nail on the head:
277
posted on
05/07/2004 5:22:27 AM PDT
by
phenn
(http://www.terrisfight.org)
To: editor-surveyor
Isn't it amazing how many of our fellow Americans can't wait to send OTHERS to greet the Heavenly Father on their preferred timetables? It's almost enough to cause one to lose faith in his fellow man.
278
posted on
05/07/2004 5:23:19 AM PDT
by
Theodore R.
(When will they ever learn?)
To: Ragtime Cowgirl; All
I spoke to a gentleman from Florida on the phone last week who told me he tried to hand out flyers about Terri Schiavo's situation on a street corner recently. He was polite and not the least bit pushy, but the people he ran into were (in his words) incredibly apathetic and almost hostile. He couldn't figure out why.
I can.
A good majority of Florida newspapers have printed misinformation about Terri's case for a long time. Additionally, they give 'air time' to editorials advocating her forced death with little if any time to editorials advocating her protection. Now that Governor Jeb Bush is involved, these 'writers' have used Terri's situation as a stepping stone for their own political bashing - never giving light to the fact that what is proposed for Terri is against Florida's laws, never mentioning that Terri's husband has violated the statutes governing guardianship and never writing that she has been denied an opportunity to recover by her husband.
In my personal anger, I've written to these editors more times than I care to count. I know of at least 2 dozen people (some professional journalists) who have done the same - demanding equal time. But it never comes.
This is why the people of this state are so apathetic about this young woman.
I just received an email from an inspiring person which read:
"After recovering 100% from what doctor's called irreversible brain damage, I believe she can get better. I pray that God continue to intervene on your behalf. I was told at one point, I would only be a vegetable after brain surgery. I repeatedly test at a genius level when given an IQ test. My recovery is not explainable under the previous doctors' theories. God can do great things. I'm with you in your fight."I wanted to share that with you here, because you'll never read it in a Florida newspaper.
Florida Media
279
posted on
05/07/2004 5:27:56 AM PDT
by
phenn
(http://www.terrisfight.org)
To: Wheee The People
So basically you've instructed your wife to murder you when you become really sick. Hey now!
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