TERRI SCHINDLER SCHIAVO JANUARY 2005 Dailies: News Digest, Restating the Obvious & Thank Yous...

I got through at 202-324-3000. The gentleman was very courteous. After the short conversation he asked if there was anything else and I asked that they please investigate ASAP this is a matter of life or death. He knows it.(my words) ;-)
Now to call the other numbers......

Governor Jeb Bush and the Florida legislature may not know it, but they acted in the spirit of Sir Philip Sidney when they tried to save the life of Terri Schiavo.

When Sidney, a young warrior and poet in the court of Queen Elizabeth I, was mortally wounded in battle, legend has it that he passed up a drink of water in deference to a common soldier who lay nearby in the throes of death.
After his own lingering death, Sidney's body was brought back to England, where he was given a state funeral and held up by his countrymen as a model of virtue to be emulated by all.

Today, Terri's husband, Michael Schiavo, is trying to take an action that would reverse Sidney's. Rather than provide water to a stranger about to die, he wants to deny water to his own wife who persists in living. Since 1998, contrary to the wishes of Terri's parents, Robert and Mary Schindler, Schiavo has been seeking to remove the nutrition-and-hydration tube that sustains Terri, who became mentally incapacitated 15 years ago when her heart temporarily stopped beating.

On September 17, 2003, a Florida court authorized Schiavo to remove his wife's tube. On October 15, 2003, the tube was removed and Terri began a slow death by dehydration. Six days after that, Governor Bush signed a law enacted by the Florida legislature allowing him to issue a one-time stay of the court order that authorized the removal of Terri's nutrition-and-hydration tube.

Bush ordered the tube restored, and Terri is alive today.

This week, however, the U.S. Supreme Court refused to accept Bush's appeal of a Florida Supreme Court decision that overturned what became known as Terri's Law. Other litigation in the case will continue, but so far the courts have consistently sided in favor of starving and dehydrating Terri Schiavo.

The courts, however, are wrong. And the Florida legislature should not stop fighting them.

The disputants in Terri Schiavo's case disagree on her condition and prognosis. As noted in the petition Governor Bush made to the Supreme Court, some say that "Terri Schiavo is not actually in a persistent vegetative state because she is able to interact with her visitors and caregivers."

But the key point is not disputed: Terri is unlikely to die soon unless deprived of food and water.

Indeed, the purpose of depriving her of food and water is to kill her.

This is not a case about withholding desperate and disproportionate medical treatment from a patient who is destined to die of a terminal illness. Ironically, if Terri were certain to die of disease tomorrow, the purpose of denying her water today would go away.

At its core, this case is about whether one person can make a judgment that another person's "quality" of life justifies taking that person's life.

What is at stake for society here was explained in a brief presented to the Supreme Court by the Catholic Medical Association (Terri Schiavo is a Catholic), which cited a letter published last March by Pope John Paul II in which the Pope said it is wrong to withhold food and water even from someone believed to be in a persistent vegetative state.

"However, it is not enough to reaffirm the general principle according to which the value of a man's life cannot be made subordinate to any judgment of its quality expressed by other men," the Pope said. "It is necessary to promote the taking of positive actions as a stand against pressures to withdraw hydration and nutrition as a way to put an end to the lives of these patients."

The principle the Pope defends is not new. It is the same principle President Bush defended when he addressed the March for Life via phone on Monday. "We know that in a culture that does not protect the most dependent," Bush said, "the handicapped, the elderly, the unloved or simply inconvenient become increasingly vulnerable."

And it is the same principle that Sir Philip Sidney acted on when he sent his drink of water to a dying soldier. All human life is sacred because God made it so, and no man can change that.

Florida's legislature should not surrender this principle to the courts.

Inspired by Terri Schiavo, it should enact a new law.

This time, it should simply say: You may not kill a person through starvation or dehydration.

Copyright 2005, Creators Syndicate.

Terence Jeffrey Archive: http://www.townhall.com/columnists/terencejeffrey/archive.shtml

http://www.townhall.com/columnists/terencejeffrey/tj20050126.shtml

>>Jim King's legacy is a law that is unconstitutional because it's contradictory and violation of the Florida law that says euthanasia is illegal.<<

I may be waaaaaaaay out in left field on this, but I think it's unconstitutional because it's a violation of privacy. There is a statutory definition of PVS. They can use that definition to kill you. But nowhere in any of those statutes does it defer to a doctor's opinion or a diagnosis. So....

Instead of your doctor having discretion over your care, diagnosis, prognosis, etc. - the state does.

Doesn't this encroach on my constitutionally guaranteed right to privacy? How can the state possibly practice medicine without a license?

If I fit the statutory definition of PVS but my doctor has diagnosed me to be in some other condition, my life is in danger because of these misguided laws and because the state is poking its $&@%$ into my personal affairs.

Why do the critics of Jeb and Terri's Law always use this argument but never apply the same concept to how the state has violated her Constitutionally guaranteed right to privacy?

"The US DOJ was on the site Wednesday afternoon reading the Grand Jury story."

Wow, that is GREAT. I hoped it will inspire them to act. Congratulations to you and your publication.

"This time, it should simply say: You may not kill a person through starvation or dehydration."

An outstanding idea for a new FLA law, one to be emulated by the rest of the states.

Your posted article would be a good one to send to each of the FLA State legislature's members.

Good points!
Sounds right to me!

I just finished reading something about Felos from 2001. He's had his hooks in Florida for a long time! He is very confused in his spiritual ideas and for an apparent liberal is mixing his religion into what he thinks government should do but golly don't let a conservative even breath that thought.

I do think that the double standard is very obvious when it comes to Terri. Just think about Chris Reeve, why wasn't Felos tuning in to his spiritual side while he was alive? Chris's mental capacity was not diminished as far as I know and I think that's why. I'm really beginning to wonder if any of Felos clients were 'not' vulnerable women!

I think I'd get a chill down my spine if I ever ran into him in person.

OVER 11,200 VIEWS OF TERRI'S JANUARY THREAD. LURKERS, PLEASE MAKE SOME PHONE CALLS. TERRI NEEDS EVERYONE'S HELP. PUBLIC EXPOSURE BY THE MEDIA AND PUBLIC PRESSURE ON THE FLORIDA LEGISLATURE AND GOVERNOR BUSH, THE PRESIDENT, THE U.S. CONGRESS AND THESE ADDITIONAL PHONE NUMBERS:

FBI: 1-202-324-3000 demand a criminal investigation of the State of Florida

US Dept. of Justice: 1-202-353-1555 or 1-202-514-2000.

IT WILL BE TOO LATE TO INVESTIGATE IF THIS MURDER BY JUDGE IS ALLOWED TO HAPPEN. Assisted suicide and euthanasia is illegal in the State of Florida. THIS SHOULD NOT BE HAPPENING!!!!! IF THEY TRY TO GIVE YOU THE BRUSHOFF, IT WORKS TO SAY YOU ARE A TAXPAYER AND TERRI'S AN AMERICAN WITH RETAINED RIGHTS. You are concerned that Terri's civil rights are being grossly violated.

That's not broad enough because if they limit it to nutrition and hydration, they'll come up with another way to kill an innocent person. IF THERE IS NO LIVING WILL, THE PERSON LIVES AND IS NOT KILLED BY ANY MEANS WHATSOVER. HEARSAY EVIDENCE AND SHODDY JUDGES NEED MORE SCRUTINY TOO. If it looks like an innocent person is being railroaded, it should immediately trigger an investigation by the Fla AG. Unfortunately, HE'S FROM PINELLAS AND IS FRIENDS WITH ALL THESE HORRID JUDGES.

Sometimes if you ask a question to somebody who lives by Terri, they may not check FR every day. It's just impossible. For example, tomorrow is a court day. Terri's side of the courtroom WILL BE FULL.

Tonight, January 27th
at 9:15 PM ET,
Michael Brown will be on the David Allen Show discussing the Terri Schiavo case.

Listen live www.1320thepatriot.com

Settlement talks ongoing in Schiavo case, but consensus unlikely
By VICKIE CHACHERE Associated Press Writer
January 27, 2005

TAMPA, Fla.- While the two sides in the Terri Schiavo case have engaged in a bitter family court battle drawing international attention, all along they have been quietly exchanging offers of a settlement.

But as the court case reaches a critical turning point in coming weeks, there seems to be little consensus in the life-or-death struggle over the fate of a 41-year-old woman who has suffered such severe brain damage she must be fed through a tube to survive.

Attorneys said in interviews this week there is such distrust and so many sticking points between Michael Schiavo and his in-laws, Bob and Mary Schindler, an agreement is unlikely.

"It's been made very clear to me by the Schindler attorneys that there is no possible settlement that the parents would agree to that might result in Terri's death," said George Felos, Michael Schiavo's attorney"

The Schindlers have said their son-in-law only sought to end his wife's life when he stood inherit hundreds of thousands of dollars from her medical trust fund. They have offered to give him whatever money remains if he were to walk away.

"The Schindlers have offered to give Michael all the money, any rights to make any money," said Barbara Weller, the Schindler's attorney. "They offered to give him everything and they would pay all the costs of her rehabilitation and her care _ even if he wanted to stay married to her and inherit everything."

But Michael Schiavo's attorney said the legal fight is not about money, but about Michael Schiavo's vows to his wife to carry out her wishes. Terri Schiavo is not "chattel," to be bargained away, Felos has said.

A key hearing on her fate is set for Friday in a Florida court.

Terri Schiavo, 41, suffered severe brain damage in 1990 when her heart stopped beating because of an eating disorder.

Michael Schiavo has twice been granted permission to remove the feeding tube that keeps her alive, and twice has had her death interrupted by legal maneuvers. She can breathe on her own, but relies on a tube for life-sustaining nutrition and water.

Her husband says his wife would never want to be kept alive this way and doctors have ruled that there is no hope for her recovery. But her parents do not believe she is in a persistent vegetative state, and contend she interacts with them. Their own medical experts have testified Terri Schiavo has some cognitive abilities.

Complicating the case is that Michael Schiavo never mentioned his wife's death wishes until after the couple were awarded more than $1 million in medical malpractice lawsuits. Michael Schiavo stood to inherit that money if his wife died, although after years of litigation most of it is gone.

Their bitter court fight has waged on for more than seven years and involved scores of court decisions and appeals.

On Monday, the U.S. Supreme Court declined to get involved in one element of the case _ Gov. Jeb Bush's entry into the legal battle when he signed a law allowing him to order Terri Schiavo's feeding tube reinserted six days after Michael Schiavo had it removed in October 2003.

That leaves the Florida court fight. Terri Schiavo now lives under a stay pending the Schindlers' legal motions and appeals. A key hearing on their request that a judge void his order that Terri Schiavo be allowed to die is scheduled for Friday.

In 2002, a court-ordered mediation effort failed to produce an agreement. But the talks have continued since then.

As recently as Thanksgiving, the two sides have posed proposals that would involve bringing in new, independent medical experts to evaluate Terri Schiavo.

While both sides at different times might have agreed to that review, they have never been able to find common ground on details of how those exams would take place, who would do them and how the information would be used once the doctors reported back, the attorneys said.

Jay Wolfson, a University of South Florida professor who had briefly served as Terri Schiavo's court-appointed advocate in 2003, said he tried then to broker a deal between the two sides, but negotiations fell apart.

But Wolfson, and other experts on end-of-life issues, have said it's not too late for a new round of independent medical tests which could settle the essential, lingering question of if Terri Schiavo can interact with her environment or if she is truly brain-dead.

Without some sort of settlement, Wolfson said he is doubtful the court proceedings will do little more for Terri Schiavo but drag on with more appeals until ultimately there is nothing left to do but remove the tube.

Weller said Thursday at Christmas time, Bobby Schindler Jr., Terri's younger brother, asked to sit down with Michael Schiavo and try to work out a solution.

"Bobby just wanted to talk to him family to family," she said.

But the other side said no, offering instead putting the case before the independent medical panel. Weller said the Schindlers are now uncomfortable with that proposal.

"They are just not going to put her in the hands of people they don't trust," she said.

Likewise is true for Michael Schiavo.

Felos said in an interview Wednesday the problem with any potential settlement the Schindlers would favor it would keep Terri Schiavo alive when the court has ruled that was not her wish.

Terri Schiavo is not "chattel," to be bargained away, Felos has said.

"The Schindlers are basically saying we will settle if you give up," Felos said. "The fact they just don't understand and what the court has said many times is this case is not about the Schindlers, it's not about Mr. Schiavo, it's about Mrs. Schiavo and what her wishes were."

http://www.tcpalm.com/tcp/home/article/0,1651,TCP_996_3503334,00.html

On the Net:

Terri Schindler-Schiavo Foundation, http://www.terrisfight.org/

Terri ping to 1590! If anyone wants to be on/off my Terri ping list, please let me know by FReepmail.

Sorry about my d/b post up there. Will the Moderator please delete one of the two? Thank you.

Thanks for the ping.

I forgot who said that the measure of the goodness of a society is how it treats its weakest members -- children, the elderly, and the ill and disabled.

I understand your point and considered it before posting my last comment. I believe such legislation would serve us well for now. A more inclusive bill could be crafted later.

I have been reading this thread and have found so much helpful information. Thank you all!

The moral test of a society is how that society treats those who are in the dawn of life -- the children; those who are in the twilight of life -- the elderly; and those who are in the shadow of life -- the sick, the needy and the handicapped. --Hubert Humphrey

Schiavo>>>>
BUTTT OUT! This is Michael and Terri. PERIOD!!!! There are unrelated mentally ill people who are involved and in my personal opinion they are MENTALLY ILL AND THEY SUCK.