Posted on 11/01/2004 8:09:34 AM PST by floriduh voter
Good morning, freepers. As you may already know, this is where we place links to other Terri threads at Free Republic and other breaking news about Terri Schindler-Schiavo.
In addition, this is a place to meet and plan ways to use grassroots activism to help Terri's Fight.
If you are a newbie to Terri's Fight, I urge you to visit http://www.terrisfight.org where you can subscribe to their newsletter, can get up to speed on the court cases and the very long struggle.
As far as what can Free Republic do for Terri's Fight, in the November Dailies Thread (here), please consider joining us.
The pay isn't very good lol but it is rewarding to help Terri nonetheless. Terri's life has as much value as anyone else's. The right to die movement needs a counter-balance. That freepers, is where we come in. TO JOIN TERRI'S FREEPERS, I would ask that newbies and old guard Terri freepers do a post to join us under our new name: TERRI'S FREEPERS.
http://www.orlandosentinel.com/news/local/lake/orl-aseclivingwill18111804nov18,0,2699797.story?coll=orl-home-headlines
Posted November 18, 2004
Hanford Pinette made his wishes clear in a living will: He never wanted to be kept alive by a machine.
Today Pinette, 73, lies in an Orlando hospital, where machines run his lungs and kidneys. Doctors see an unresponsive patient with no hope of recovery. Alice Pinette sees her husband of 53 years clinging to life.
Now the Clermont man's fate will be fought out in a courtroom in an unusual battle waged by Orlando Regional Healthcare System officials, who want to let him die, against Alice Pinette, who wants to keep him alive.
"They're just trying to pull the plugs," Alice Pinette, 73, said Wednesday, standing in the doorway of her home. "He still communicates with me, and I won't let them do it."
A hearing in the case is scheduled for Tuesday before Orange Circuit Court Judge Lawrence Kirkwood. The outcome could have broad implications on the enforcement of living wills, which are supposed to remove uncertainty about a patient's wishes in the event of a terminal illness and incapacity.
Paul Malley, president of the Tallahassee-based Aging With Dignity, a national organization that advises people about the benefits of living wills, said he could not recall a Florida hospital going to court to enforce a written living will over the wishes of a patient's family.
"It's definitely highly unusual for a hospital to bring up a case like this," Malley said. "Where this case is, is a real challenge. There may not be an easy answer here."
The argument doesn't center on Pinette's wishes, but whether he's sick enough to carry them out.
"He's all right," Alice Pinette said. "He's getting better, a little each day."
David L. Evans, Orlando Regional Healthcare's lawyer, said the hospital maintains Pinette will not get better and is trying to abide by the patient's wishes.
"All we can do is come in and describe his medical condition and his competency," Evans said last week. "We're just doing what we feel we're legally obligated to do."
The Pinette matter is almost a reversal of the Terri Schiavo case.
Schiavo collapsed 14 years ago and is now in a Clearwater nursing home in what doctors call a progressive vegetative state. She is kept alive by a feeding tube and left no written directive of her wishes.
Schiavo's husband, Michael, contends his wife told him she would not want to be kept alive. Her parents, Bob and Mary Schindler, have battled Schiavo in court, arguing their daughter is aware of her surroundings.
The case sparked a national controversy when Gov. Jeb Bush and the Florida Legislature intervened to block a court order removing Terri Schiavo's feeding tube. The courts ruled in Michael Schiavo's favor and the case remains on appeal in Florida's courts.
The case has been cited as an example of why people need to write living wills.
Pinette, a Korean War veteran and government engineer who moved to Clermont in 1994 from Maryland to retire, wrote a living will in 1998 and assigned his wife to carry out his wishes, designating her as his "surrogate."
In the event of a terminal condition with no probability of recovery, Pinette stated: "I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong the process of dying."
Pinette stated in the will that he wanted "to die naturally" and receive medication only to "alleviate pain."
But Alice Pinette produced a durable power of attorney signed by her husband on the same date in 1998.
The power of attorney states her husband assigned her "to decide for me [Hanford Pinette] any matters regarding my health care, including, but not limited to, consenting to withhold or withdraw life-prolonging procedures."
Earlier this year, Pinette suffered congestive heart failure, his wife said. He has been hospitalized since February, according to the petition filed by Orlando Regional Healthcare, and is currently at Lucerne Hospital.
Despite Alice Pinette's assertions that her husband is not terminally ill, the hospital argues in court documents that Pinette's "renal system, respiratory system and cardiovascular system are all being supported by artificial means alone."
The petition also says Pinette is not competent to make his own decisions and is not likely to recover his mental capacity. The hospital's bioethics committee which reviews cases such as this also agreed to withdraw life support.
And two doctors -- Sanjay Muttreja and Juan Herran -- submitted affidavits that Pinette is terminally ill and has no "medical probability" of recovering.
"It is my opinion as Mr. Pinette's treating physician that Mr. Pinette meets the requirements of his living will," Muttreja said in his affidavit.
But Alice Pinette, who goes to the hospital daily, said her husband "still communicates with me."
She said Pinette squeezes her hand, shakes his head and has indicated that "he wants to go home."
That is proof enough to her that he's not terminally ill.
"There's a lot of people they say that about, and it's not true," she said. "They've been after me since July to put him down."
Robert Wilkins, a Maitland attorney whose practice includes living wills, said Alice Pinette is fighting an uphill battle.
"You should be able to control your own destiny and a surrogate shouldn't be able to override that," Wilkins said. "It really isn't her prerogative, it seems to me, to disregard that."
Wilkins said Alice Pinette's best hope is if her attorney can successfully argue that the living will is invalid.
Alice Pinette's attorney, William E. Ruffier, could not be reached for comment Wednesday.
Malley, the Aging With Dignity president, said the case may help others avoid this situation by talking about living wills and the responsibilities of the surrogate before it's too late.
The best person to be someone's surrogate, for instance, might not be his or her spouse, Malley said.
"It's a difficult situation," Malley said. "But it can be avoided with other families."
Anthony Colarossi can be reached at acolarossi@orlandosentinel.com or 407-420-6218.
.
Dear Friends of Terri:
Terri's website www.terrisfight.org is temporarily under minor construction.
We apologize for any difficulty you may be experiencing with the links to legal documents.
We anticipate the link repair to be completed within the next few weeks.
Thank you for your patience.
Dear Friends of Terri:
Terri's website www.terrisfight.org is temporarily under minor construction.
We apologize for any difficulty you may be experiencing with the links to legal documents.
We anticipate the link repair to be completed within the next few weeks.
Thank you for your patience.
Terri ping to 449.
If anyone would like to be on/off my Terri ping list, please let me know here or by FReepmail.
http://www.theempirejournal.com/greer_campaign_mailer_gives_appe.htm
The Judicial Qualifications Commission gave Greer a pass on it. But of course. If this is already posted, oops. I went straight from the article to FR. Please spread this far and wide, INCLUDING to Governor Bush if you please. FV
I attended the court hearing wherein the family was trying to get their visitation restored. Before that portion began, the greedy husband's team was pushing for the entire tax refund and Pat Anderson for Terri was saying that he wasn't entitled and "to fix Terri's broken wheelchair." They have no souls on the other side but one of them claims to be a spiritual litigator. Hah! only dark spirits need apply there.
Dear Friends of Terri:
Many of you know a few weeks ago Terri was moved back to Woodside Hospice. Her move was successful. I am delighted to relay to you, her parents have reported she is doing very well!
I spoke with Bob (Terri's dad) yesterday and he conveyed how he and Terri had been joking around with each other during their last visit.
Upon his arrival to Terri's room, Bob explained how he likes to tease Terri by announcing to her how his fatherly hug will come first, followed by his BIG kiss. Bob chuckled as he continued to explain, "Cheryl, she never seems to mind my hug, but forget my kiss." He said that when he teases and tells her,
"Terri, get ready, now here comes my kiss, ....... she looks at him, scrunches up her face and then makes an expression which looks like she just bit into a lemon."
Bob explained, how he and Terri have always had a fun relationship so he enjoys teasing her.
A few days ago I spoke with Monsignor Malanowski. We were discussing how wonderful it would be if Michael Schiavo would allow Terri out of her room so she could attend her 41st birthday party.
Monsignor Malanowski said, " If all people were given the opportunity to visit and meet Terri, they would see what a lovely person she is!"
Monsignor explained there are days when he visits with Terri, how she sometimes appears to be distracted and into deep thought. ...... "it always amazes me, no matter how distracted she is, just as soon as I begin to pray with her she immediately focuses her eyes on me and does not utter a sound until we are finished with prayer."
Terri's party will be held on Sunday, December 12, 2004. We anticipate at least 200 friends joining us in the celebration of Terri's 41st birthday.
Talented musician and songwriter Wayne Galley will be traveling from California to sing LIVE at Terri's birthday party.
FV SAYS: When I have a minute, I'll ping my lists. I am swamped here at home cleaning out closets... It's so important for everyone to know that Terri is such a delightful person!
Ping to Terri news! If anyone would like to be on/off my Terri ping list, please let me know here or by FReepmail.
An Open Letter to the St. Petersburg Times
Dear Philip L. Gailey.
Editor of Editorials and Vice President
St. Petersburg Times
By John Sipos
Some days back friends suggested this writer craft a response to the most recent of many editorial and columnist calls by the St. Petersburg Times for the judicial killing of Terri Schindler Schiavo.
If I've left any doubt, let's just say it: I am biased favoring the preservation and rehabilitation of Ms. Schiavo's life.
These are the facts admitted to even by those who seek to kill this tragically abused woman.
Ms. Schiavo is aware of her person, her existence. Around the world millions have viewed videos of her interacting with doctors and family. She is a woman who laughs at her father's teasing and jokes, who talks to the best of her injured abilities, and who precisely responds to requested behaviors under the expert direction of doctors who care about her life as opposed to doctors paid to affirm the court's sentence of brutally painful death by dehydration/starvation. When the woman's mother enters her room announcing, "Hi Terri, it's mommy," she turns toward her mom issuing a loving glow -- AND -- when surrounded by those who love her, she responds lovingly.
No matter. Judge George W. Greer has turned his back on sworn testimony of first person witnesses that Ms. Schiavo is a person, exactly responsive, a person with retained rights under Constitutional and guardianship and a bunch of other laws designed to protect the disabled and abused -- the judge insisting, while she may be aware, she's just not aware enough to be worthy of life and rehabilitative care in the loving arms of her parents.
What can be said here that would be different? Might I propose to the Editors of the Times the removal of natural nutrition and water resulting in the premeditated killing of a whole bunch of persistently vegetative trees, turn them into newspaper pulp rolls, smearing thereupon a bunch of barrels of ink for a special Sunday section titled -- BIASED.
Divide the writing side by side, on the left, Times reporters, editors, columnists (let's say, 3 or 4) -- defending the newspaper's call for death. On the right side of each page, a select group of independent journalists/commentators long associated with factually, credibly writing from a save Terri's aware of self life perspective.
They would be selected without interference by Terri's parents, Bob and Mary Schindler. Give each side half the trees and half the ink and 3 weeks to substantiate the justness and factual basis of their positions, AT WHICH TIME -- each side presents to the other their writing, and one more week to write a point counter point response to the other. As the writing progressed, all the questions being raised, asked by each side would be shared with the other in the interest of complete, truthful, balanced disclosure.
I warn you, Mr. Gailey, accept this challenge -- and there is more dirt, evidence of law obstructed, corrupted, violated than you may want your readers to know about. But, then, you are interested in the truth, the whole truth, and nothing but, right?
Trusting, Dear Mr. G., you are a man of good faith, misled, an innocent victim of death biased reporters and columnists on your staff, and remote chance by wedding bells and social beverages ties, Times staff to the judiciary -- at any time -- those who love life, even brutally injured under suspicious circumstances, aware of self disabled life would welcome you over to our side, at which time, together, we could ask the governor to call the legislature into special session, enact within 24 hours, Gailey's Law, allowing for the surgical grafting of natural gravity delivered natural nutrients and water to the PVS trees marked for death in the production of this proposed special Sunday supplement. That sentence is a bit long, but it works.
What a unique concept. Genuine side by side editorial balance in the pages of the St. Petersburg Times.
Oh. One more thing. You pick up the tab for the truth centered independent reporters at the same rates paid your most favored freelance contributors.
What do you say, Mr. Gailey? Taking a deep gulp of air, holding my breathe -- let's see how long it takes for me to turn blue -- or for you, either to develop a thirst for knowing the true truth, or you turn beet red with rage, ordering the journalistic destruction of the messenger.
About the point of your editorial proposing blind obedience to the finality of court decisions, I/we do pledge to do that, Mr. Gailey -- in the precise moment Michael Schiavo and George Greer stop violating Constitutions and themselves breaking the law, too many laws broken to count.
John Sipos
jsipos@myrapidsys.com
FV SAYS: John Sipos is a local radio talk show host and he's been covering Terri's Fight for quite some time. Go, Sipos! (This was an excerpt)
That's awesome! Did it get printed?
Butch Chancellor's radio show, These Orwellian Times again on Monday, Nov. 22 at 11 AM EST to discuss the Greer/Schiavo case.
http://www.crusaderadio.com/
Brilliant as usual.
On another note, Judge Greer in his last Order stated that "there was no religious advisor." WELL, THEN WHAT DOES THAT MAKE MONSIGNOR MALONOWSKI who IS Terri's religious advisor?
GREER OUTRIGHT LIED IN HIS LAST ORDER. LIED.
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.