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.
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!
I read the settlement offer from the Schindlers that you referenced, and it's dynamite. Prayerfully, that will be the shot that's heard around the world ... we'll do all we can to make it so.
Thank you so much for that update. Pins and needles, you know. I think Gibbs is doing a great job!!!! Yahoo! Go, Terri!!!!!!!!!
I would imagine he is not. There are fortunes to be made once they get the floodgates of death flowing freely in the courts. Governor can't stop it, legislature can't stop it, President Bush can't stop it, USSC won't stop it. Looks like in internet is the only problem they have. Thank God
Thank you so much for the excellent summary from today's hearing (as well as the information about the seminar this morning)!
Thank you so much for this update. We are praying very hard here, and looking at any alternative legal avenues that might open up...
ping to 1731
Did I but this yet? Can't wait to check out the documentation.
Bump.
phenn, I personally know of a case where a someone with a guardian appointed her own attorney to fight her guardian and the attorney her guardian appointed for her using similar rational.
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."
The above are all FINE arguments. Of course we are in Judge Greer's courtroom!
Pat, pat, pat, pat, pat for all of Terri's supporters!
O-from-F, next time you send out a ping, could you include that pat on the back for everyone? And don't forget yourself.