Posted on 12/29/2004 7:16:22 AM PST by floriduh voter
I used to live in a small village in GE (for almost 7 years), not to far from the eastern, Alsace region of France...used to love to train to Paris, fell in love with that city, even attended opening day of 'EuroDisney'.
But lately, hmmmmmmmmmmm, the Frence seem to be in some kind of limbo, as if they no longer know who they are (or is it the press that has blown up their anti-Americanism?).
At any rate.....I, too, am waiting for word on the events in that infamous courtroom in Pinellas Cty.
'Judicial Homicide'
By Susan Silver
Friday, January 28, 2005
The Terri Schiavo case has spawned a complicated tangle of legal and moral questions. But I believe the resolution to Terri's plight may rest in a simple, albeit unlikely, solution:
By starting over.
They might begin by tossing Judge Greer to the wolves and presenting the case to a fresh pair of judicial eyes. Fair eyes that will not ignore pertinent background medical information, like the bone scans that were done on that fateful night in 1990 when an unconscious 26-year-old Terri first arrived at the hospital. The scans showed many broken bones and traumas consistent with strangulation. It might be important to find out why Greer wouldn't allow an investigation into this.
I'd also be curious to know how there came to be a general consensus that Terri's heart temporarily stopped beating because of an eating disorder, thus causing her brain damage. Even if this is true, it still doesn't explain her physical injuries. (It's worth noting that when I first researched the Schiavo case in 2003, there were only a few attributions to an eating disorder. Now, in 2005, "an eating disorder" is written as the de facto reason for her brain damage.)
Attention should then be turned to Terri's husband, and legal guardian, Michael Schiavo. He has shown blatant disregard for his wife, going so far as to ask Terri's nurse, "When is that b---- going to die?" This statement was corroborated in depositions by a number off Terri's nurses.
Far worse than his words, but every bit the same in sentiment, are Michael Schiavo's actions. They've proven time and again 1) his utter disregard for Terri's welfare and 2) his unwavering insistence that she not be givenany chance for recovery. When he won a million dollar malpractice suit on Terri's behalf, it was awarded specifically for rehabilitative therapy and aggressive experimental medical treatment. Terri has only received palliative care since 1991 - none of the money has gone to rehabilitation. (Most has been spent on his legal fees.) Furthermore, Michael has strictlyprohibited any kind of therapy for Terri. Countless medical professionals have agreed that Terri would improve significantly if she had therapy.
It might also be important to ask Mr. Schiavo why he decided to ask for Terri's feeding tube to be removed onlyafter he won the million dollar lawsuit.
Most importantly, though, I believe Michael Schiavo should be removed as Terri's legal guardian. There's clearly a conflict of interest since he's living with his fiancée and their two children.
Make Terri's parents, Bob and Mary Schindler, Terri's legal guardian. On their website www.terrisfight.org, they paint a picture of Terri as her former self, and offer videos of a more current Terri, reacting to stimuli, following directives, and lovingly reacting to her mother's presence and voice. Also posted on the site is an account of an attorney's visit with Terri in December 2004: "It was definitely apparent that her emotions changed - it was apparent when she was happy and enjoying herself, when she was amused, when she was resting from her exertion to communicate, and when she was sad at her guests leaving. ...I never imagined Terri would be so active, curious, and purposeful..."
Perhaps the single most important issue to revisit is the one most of us would rather not: in the event of the worst legal outcome, how should Terri Schiavo "be allowed" to die? As it stands, the manner in which Terri is to die is excessively inhumane. If Michael Schiavo wins this fight, Terri's feeding tube will be removed, forcing her death by dehydration and starvation. It's illegal forfarmanimals to be killed this barbaric way. Death row inmates are treated more humanely. This simply cannot be allowed to happen.
If the most recent news regarding Terri Schiavo is any indication, there's not much time left. The nation's Supreme Court refused without comment to disturb the decision of the Florida Supreme Court, which ruled that Terri's Law (resulting in the re-insertion of Terri's feeding tube after an appeal by Gov. Jeb Bush) was an unconstitutional effort to override court rulings.
OK, so maybe it won't be simple to start over. But it's their only chance.
And if Bob Schindler's reaction to the Supreme Court is any indication, a whole new battle has begun. Says Schindler, "It's judicial homicide."
I don't think any judge will like the sound of that.
Terri might win back her life after all.
Susan Silver can be reached at ssilver@comcast.net
Fight4Terri @aol.com www.fight4terri.blogspot.com Visit Terri's site: www.terrisfight.org "We make a Living by what we do, but we make a LIFE by what we give" ~Winston Churchill~
I like her idea. About starting over. Such injustice has been done via our courts, it is scary to think how felos and MS have manipulated the press, but down right frightening to realize what they have done to the courts.
I called Bay 9 news a few minutes ago and asked them to please put the information on what happened in court today on the internet, ASAP as I'm in France and the only way I can find out what is happening is to see it via the internet. The Tip Line lady said that it is the reporters reponsibility to put the information on the Internet right away. So we'll see... Gosh is everybody else on pins and needls waiting or is it jsut me?
Starting over would require Greer to recuse himself. I can't imagine that happening, but it's always a possibility. Nothing is impossible with God!
I imagine that we should hear in the next couple of hours how things went in that courtroom today.
I have been fervently praying that the Holy Spirit present Himself and take over the proceedings for Greer.
We're ALL on pins and needles right along with you!
Thank you Pegita. It's an excellent article!
Yes, we are all on pins and needles.
Bump!
It's not just you!
http://www.970wfla.com/
this station has live audio, I've got to work on dinner...
Got back from the hearing in Pinellas-Pasco circuit court. This particular hearing was to determine whether or not there is legal sufficiency for the court to allow evidentiary proceedings on the Schindler's motion to void the court's February 11, 2000 ruling - that was the ruling in which Terri's food and fluids were ordered removed.
The Schindler's attorney, David Gibbs, presented his argument that the court acted improperly because it did not allow Terri Schiavo independent counsel (not a Guardian ad Litem, but independent counsel) and her legal interests, therefore, were never represented or heard by the court.
Mr. Gibbs also argued that Terri's state and federal due process rights were denied by the courts because of their failure to allow her access to the courts, a review of her in person by the court, the ability - through counsel - to have witnesses called or the ability - through her own counsel - to participate in the process that would decide her life or death.
Under Florida Statutes, Terri retains all of these rights. Likewise under many federal laws.
Mr. Gibbs went on to argue that the court had violated the separation of power doctrine. Since the judge (Greer) has assumed the role of Terri's surrogate and the policing body of the surrogate, he has encroached the separation of powers laws. Meaning - Greer cannot make healthcare decisions for Terri then rule on those same decisions.
Mr. Gibbs pointed out Florida Statute 744 that clearly states that no judge in the state may act as surrogate unless over a member of their own family.
Michael Schiavo's attorney, George Felos, rebutted that a ruling or judgment that is erroneous isn't necessarily void. He said the absence of counsel for Terri Schiavo shouldn't be a consideration since she is unable to participate. He also argued that the presence of a Guardian ad Litem should be construed that Terri DID have legal representation throughout this process.
At close, Judge Greer gave until Monday - February 7, 2005 - to provide additional case law supporting his claims. He offered Mr. Felos an additional 10 days beyond that to prepare an answer.
My personal take is that Mr. Gibbs presented a legitimate and powerful argument.
At press conference following the hearing, Mr. Gibbs said he found Mr. Felos to have the posture of a zealous, young prosecutor - seeking death at the expense of someone's rights.
Also at this conference, the Schindler family made public a settlement offer they provided to Mr. Schiavo in October of 2004. Mr. Schiavo has not responded and, according to Gibbs, Mr. Felos rejected the offer without comment. You can find it on www.zimp.org/documents/102604settlementoffer.pdf for now and on www.terrisfight.org after this weekend.
In other bits and pieces, there was a conference at Stetson Law College that included Mr. Gibbs, Mr. Felos, Ken Connor (who represented the Governor in Schiavo v. Bush) and Professor Jay Wolfson who acted as Terri's Guardian ad Litem for two months. Though I did not attend, I am told by someone who did that Mr. Felos is none too happy about all the internet activity over Terri and her situation.
I can certainly understand why. Were it not for the people listening all over the world, Terri may not be with us today.
You Freep-a-peeps owe yourselves a hearty pat on the back.
What to do while waiting... Other than praying of course.
I would liek to share a very good website. Wisconsin Public Radio. They read a chapter a day form a book for 1/2 an hour each week day. The readers are very very good readers. And they always keep the previous 7 days broadcasts on their website. You don't have to listen to it in real time, you just go to their website and click onto the Chapter a Day Main Page and click on say the Monday broadcast or Tuesday broadcast. I have not found any where wlse on the internet that has this service for free. Public Radio Stations that do have a chapter a day program, don't keep the old broadcasts on the internet so you are forced to listen to it real time. If anyone else knows of any other than Wisconsin Public Radio www.wpr.org please let me know. My whole source of news and the majority of my "entertainment" is via the internet so I am always open for tips.
Again just filling in a bit while we wait for news on Terri.
Thanks for the report!
Bump 1,732
Thanks VERY Much for the update. I do't see why Fellos gets an extra 10 days. Hmmmm I thought Michael & felos stopped responding? Why all fo the sudden are they responding? Why does Gibbs have to show even more law. I read his work it was really really long with a lot of other cases refered to? Why doesn't Greer jsut give his decision do you think?
Thanks, phenn! Terri ping to 1732!
If anyone would like to be added to or removed from my Terri ping list, please let me know by FReepmail!
Evil flourishes in the dark.
We've only just begun, Mr. Georgie Boy! :)
Praise the Lord!! Thank you Jesus!!
Thanks for giving us the update phenn!!!!!
Many of us are on high adrenaline spike right now, I'm sure everyone there at the court today was too.
This gives more time for us to work too!
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