Lawmakers move to spare Schiavo

LIFE AND DEATH TUG OF WAR Lawmakers ready to save Schiavo Reach deal setting up vote in Florida Legislature

Key members of the Florida House and Senate reached a deal yesterday on a bill to prevent Terri Schiavo from being allowed to starve to death under a court order requested by her estranged husband.

For the second time in less than two years, the state lawmakers are prepared to intervene in the case of the brain-damaged woman, who requires a feeding tube to keep her alive

The proposed legislation would prevent caretakers of a person in a "persistent vegetative state" from withholding food and water in the absence of a written directive.

In 2003, "Terri's Law" enabled Gov. Jeb Bush to intervene the second time Terri Schiavo's feeding tube was removed. The law later was ruled unconstitutional, however, by the Florida Supreme Court, which said it violated the legal separation between the three branches of government.

Michael Schiavo won a court order in 2000 to have his wife's feeding tube removed, claiming she was in a "persistent vegetative state" and had declared orally she wouldn't want to live in such a condition.

Parents Robert and Mary Schindler, however, insist their daughter, while severely handicapped, is responsive and demonstrates a strong will to live. They have filed a flurry of motions to prevent removal of the feeding tube, scheduled for Friday, after 1 p.m.

Terri Schiavo is not hooked up to any machines, but she requires the small feeding tube for nourishment and hydration. She collapsed under disputed circumstances Feb. 25, 1990, suffering severe brain damage when her heart stopped momentarily. Michael Schiavo attributes the collapse to an eating disorder, but the Schindlers strongly suspect he tried to strangle her.

The Schindlers have pleaded with Michael Schiavo to divorce their daughter, pointing out he has been living with another woman for 10 years, with whom he has two children.

Lawmakers said legal counsel for Gov. Jeb Bush helped shaped the new legislation, and they expect the governor to sign it, the Florida Sun-Sentinel reported.

Mathew D. Staver, president and general counsel of Florida-based Liberty Counsel, a public-interest law firm, said he was pleased the legislature is acting with deliberate speed.

"Terri Schiavo is only a few days away from being starved and dehydrated," he said. "Death by dehydration and starvation is slow, painful, and inhumane. No parent should be forced to stand by helplessly and watch their child die of starvation."

The bill would allow a guardian, in the absence of a written directive, to deny food and water if there was "clear and convincing evidence" the incapacitated person declared his or her wishes orally.

House Judiciary Committee Chairman Rep. David Simmons, R-Orlando, emphasized "clear and convincing" is a tough standard.

He told the Sun-Sentinel a casual conversation "sitting around the dinner table, that's not going to rise to the level that will permit the denial of sustenance and hydration."

Sen. Dan Webster, R-Winter Garden, the bill's sponsor in the Senate, said the new legislation avoids the constitutional problems found in "Terri's Law" -- violation of separation of powers and that it was retroactive and narrowly applied to Schiavo.

But Michael Schiavo's attorney, well-known "right-to-die" lawyer George Felos, predicted the Supreme Court will strike down this law as well.

"This is purely a knee-jerk response to the growing political clout of the far right, and it's tragic, to say the least, that legislators don't have any concern about the constitutionality of the acts they pass," he told the Florida paper.

Meanwhile, in the U.S. Congress, two lawmakers from Florida are pressing for federal legislation that would save Terri Schiavo's life.

Sen. Mel Martinez and Rep. David Weldon say the Incapacitated Person's Legal Protection Act will give Schiavo, and others in similar situations, the same constitutional protection of due process as death-row inmates.

Current law leaves the rights of disabled persons at the mercy of courts instead of the Constitution, the lawmakers argue.

The new measure would not apply to cases in which an advance medical directive is in effect.

Weldon's bill, which has 110 colleagues signed on in support, will have a hearing tomorrow at the House Judiciary Committee.

TERRI SCHAIVO: ON TRIAL FOR HER LIFE

The neurologist appointed by Judge Greer, Dr. Peter Bambikidis, took the position that Terri is in a persistent vegetative state. Because of his status as the court’s chosen “independent” expert, Pat was relatively easy on him during cross-examination, though she noted that it did seem strange for a supposedly independent expert to have had more contact with the husband’s attorney than most of his own witnesses had. Dr. Bambikidis does not treat patients in PVS or have occasion to diagnose them. His examination of Terri was not taped, and took place in the evening the same day that Dr. Cranford examined Terri. Dr. Bambikidis was not aware that Terri had a bad cold that day. His field is actually nerve conduction testing of the extremities, not even brain work. The Second District set guidelines for experts to testify in this case, which should be, if possible, doctors who diagnose and treat patients in PVS. Dr. Bambikidis was clearly not within those guidelines and admitted that fact.
Michael Schiavo’s first witness, Dr. Melvin Greer (no relation to Judge Greer) is the formerchairman of the Department of Neurology at the University of Florida. On direct examination he gave a forceful presentation, concluding that Terri was in PVS and that he knows of no therapies that can help "this unfortunate young woman." On cross-examination it became clear that without his voluminous notes, the aging Dr. Greer really had very little recollection of his examination of Terri despite the fact that he reviewed his notes that day (and testified from them on direct). Most of the journal articles he cited were dated. He was not familiar with vasodilation therapy, and only referred to hyperbaric oxygen therapy as a treatment for the bends (he didn’t know that there are eleven approved therapies in the U.S. using HBOT). In doing his literature search for this case, he did not use either vasodilation or HBOT as search terms. Dr. Greer was factually wrong about a number of things. He related watching Dr. Maxfield’s taped exam, and recalls it as being about a minute and a half long (it was actually 22 minutes long). He claims to have palpated Terri’s neck, but noticed no abnormality (Dr. Hammesfahr reported a most unusual spinal exam). He states that Terri’s contractures are permanent, but apparently didn’t see Dr. Hammesfahr straighten her arm, despite testifying that he watched the tape in its entirety. Like Dr. Bambikidis, he doesn’t treat patients in PVS, so his relevance as an expert witness was also in question.
Finally, Dr. Ronald Cranford testified. His examination of Terri was taped, and was approximately 45 minutes long. Again Mary was shown interacting with Terri. Terri, of course, smiles at her mother as she does with no one else. Cranford conducted a somewhat brutal, rapid-fire neurological exam of Terri, but she responded surprisingly well despite that and the.......
[excerpt from pages 10 and 11]

Col. Gritz will arrive in Pinellas Park later today

Press Release

16 March 2005

TRUE GRIT(Z) RIDES AGAIN: FILES CITIZEN’S ARREST IN SHIAVO CASE

Former Green Beret Commander Bo Gritz is charging-in once again. The 66 year-old retired Army Lt. Colonel with his wife, Judy, drove straight through from their Southern Nevada home to Pinellas Park, Florida in their own effort to rescue Terri Schindler-Shiavo. In his typically unconventional fashion, Gritz is arresting Pinellas Circuit Judge George Greer and Terri Schiavo’s estranged husband, Michael Schiavo, plus anyone else who would aid or abet in removing Terri’s feeding tube.

Bo and Judy arrived this evening, after furnishing a notarized “Citizen’s Arrest Warrant” to Governor Jeb Bush and Florida Attorney General Charlie Crist. Gritz intends on “papering” State and Federal enforcement offices with his warrant on Thursday, one day before Judge Greer has ordered the denial of food and water to Terri Schiavo. Gritz says the “arrest” is meant to allow officials additional options as the Florida State Executive and Legislative Branches maneuver to secure Terri Schiavo from starvation. “It’s just another arrow in the quiver which may help pro-Terri forces to counter Judge Greer’s death-order,” says Gritz.

The “Gritz-effect” remains to be seen, but he successfully used the arrest-tool against federal law enforcement in August 1992 when he intervened in the siege at Ruby Ridge, Idaho and brought what was left of the Randy Weaver family down the hill without further bloodshed. Sammy, the 14 year-old Weaver boy, was killed along with his mother, Vicki, and U.S. Marshal William Degan. Randy Weaver and another man, Kevin Harris, were wounded by police gun-fire. Gritz secured the services of renowned defense lawyer Gerry Spence, and the U.S. Department of Justice paid the Weavers $3.2-million in an out-of-court settlement. Harris was awarded more than $300,000.

Gritz was also present during the longest FBI-siege at the Montana Freemen compound, and helped in the failed-search for Olympic bombing suspect Eric Rudolph -- due for prosecution in Birmingham this month.

Gritz says while he doesn’t want to “cause trouble,”he gets involved when it appears Americans are in needless life-and-death situations with the law. Citing his officer’s oath of allegiance to “defend the Constitution against all enemies foreign and domestic,” Gritz says while he doesn’t know Terri Schiavo personally, she nevertheless represents an American in danger of citizen-rights abuse, and he feels an obligation to act while she remains alive. Says Gritz: “Amer-I-cans will always fight for freedom. Millions of our military place their life on the line to keep tyranny away from our shores.” He acknowledges and supports the broad-front of Americans who have for years stood-up in saving the life of Terri Schiavo. Besides a “Terri-Bill” under consideration in the U.S. Congress, the Florida Legislature votes Friday on a modified-measure to keep Terri’s life-support in place. A previous Florida Bill was ruled un-Constitutional barring further intervention by Governor Bush. “We all do what we can. Most people wisely don’t arrest important officials, it can be non-habit forming. It’s my contribution, as I see it,” says Gritz.

While threatened with arrest at Ruby Ridge and Jordon, Montana, when the smoke-cleared, the much decorated war hero instead walked away with FBI letters of appreciation. Time and events will soon tell if his presence is thus appreciated in Florida.

A copy of the Gritz Warrant language is attached.

CITIZEN’S ARREST NOTICE

I, James G. “Bo” Gritz, a private citizen, being an American by birth in Enid, Oklahoma, on 18 January 1939, and possessing personal knowledge (reasonable cause) that certain individuals and agencies in and around Pinellas Park, Florida have committed, or will soon commit, specific felony violation of U.S. and Florida State laws, do hereby issue and publish this Citizen’s Arrest Notice requesting government agencies responsible for enforcement, including the Pinellas County Sheriff, Florida Attorney General, State Police, FBI, district attorneys and local police departments arrest the identified person(s) for crimes already committed and restrain them from committing further violations identified in this document.

The focus of this action is to secure the personal safety of Theresa “Terri” Marie Schindler-Schiavo, a natural-born U.S. Citizen currently being held in the Woodside Hospice (727-541-4199) at 6774 102nd Avenue N in Pinellas Park, FL 33782-2909 (Scott Kistler, Vice President of Operations, 727-586-4432). Terri is paralyzed and in need of care by the Woodside staff – specifically the provision of nourishment and hydration at meal times through a feeding tube.
The specific threat is the wrongful withholding of nourishment from Terri Schiavo beginning at 1:00 p.m. local-time on 18 March 2005 with the specific purpose of her death through starvation and dehydration, as ordered by Circuit Judge George W. Greer (727-464-3933) in the Probate Division of the Circuit Court for Pinellas County, Florida at 2:50 p.m. on 25 February 2005; to be executed by Michael Schiavo (Marrie Ct, Clearwater, FL). This is a felony conspiracy to cause the wrongful death of an innocent person. The conspiracy will become a homicide if carried through to completion.

With the exception of the feeding tube at meal time, Terri Schiavo is on no other form of life support-system. She is not in a comma – she opens and moves her eyes; she is aware, recognizes and reacts to people and other stimuli. She is paralyzed, but more than 17 physicians and medical specialists have signed affidavits believing her condition will improve with proper therapy. Nobel Prize nominee Dr. William Hammesfahr has examined Terri and states her injury is a type of stroke that he treats everyday with success. Terri’s parents, Robert and Mary Schindler are prepared to assume responsibility for continued care of their daughter. The American people, the U.S. Congress, Florida Legislature, Governor Jeb Bush, Florida Department of Children and Families, the Vatican, numerous public interest groups, and luminary Americans are making public their adamant interest sustaining Terri’s life.

As an American, Terri Schindler-Schiavo is protected under both U.S. Constitutional Laws and Florida Statutes which have been over-ridden by Judge George Greer. The 8th Amendment forbids cruel and unusual punishment. Not even the most heinous criminals are starved to death! The 14th Amendment protects her human rights as an American.

Florida Statute 744.3215 (Rights of Persons Determined Incapacitated) forbids depriving Terri of food and water, a felony.

Florida Statute 765.404 requires the diagnosis of “persistent vegetative state” be determined as “permanent” prior to withdrawal of life prolonging means. Judge Greer has refused any further definitive tests (MRI) to ascertain Terri’s current status.

Florida Statute 765.309 prevents mercy killing and assisted suicide.

Florida Statute 765.404 calls for clear and convincing evidence of a ward’s intent concerning life and death medical decisions. Terri is a Catholic (suicide and assisted termination not an option); Judge Grer ruled-out pro-life testimony and accepted instead Michael Schivo’s self-serving hearsay that he had heard Terri refer to ceasing life-support on one occasion (violation of FL Statute 90.602).

This Citizen’s Arrest Warrant becomes null and void upon transfer of guardianship for Terri Schindler-Schiavo to her mother and father, or the Florida Department of Children & Families, prior to 1:00 p.m. on 18 March 2005.

As the plaintiff, I will physically be present in Pinellas Park at the Woodside Hospice. I am causing this complaint to be widely distributed so appropriate officials are made aware and may act to prevent this cruel death. As previously stated: The sole purpose of this document and resulting action(s) is to safeguard a helpless Terri Schindler-Schiavo. Any action that accomplishes this objective satisfies this Citizen’s Arrest Notice.

Sworn to and Certified before a Notary Public on this date

I am James G. “Bo” Gritz, a Private Person and U.S. Citizen,
resident address: HC-37, Box 472, Sandy Valley, NV 89019

Every facet of that sham trial that condemned Terri was RIGGED from the start!!!! Its NO WONDER Greer 'found' her to be in PVS! I wonder how many other poor souls Greer has put to death using his corrupt tactics!!!

I have a feeling, FL, that it's LOTS!!! "Dirty Tricks of Guardianships‚ The Need for Change."

by Robert W. Melton, Chief Auditor, Clerk of the Circuit Court, Pinellas County

Pinellas County Internal Auditor Robert W. Melton recently lectured at Eckerd College in St. Petersburg on: "Dirty Tricks of Guardianships‚ The Need for Change."
Here are just 10 of the "dirty tricks," as outlined by Pinellas County Internal Auditor Robert W. Melton: .....[snip]

Schiavogate---The Big Cover-up

By June Maxam and Ginger Berlin
© The Empire Journal

“People may die during the course of abuse investigations and the investigation may become moot”.
Apparently that’s what Florida’s Sixth Circuit Court George Greer is hoping. Maybe even the judges in the 2nd District Court of Appeals at Lakeland have the same mindset.
It appears that Greer has a vested interest in the death of Terri Schindler-Schiavo. Her death may make moot the warranted and overdue investigations of Greer’s own complicity in the case---alleged violations of guardianship laws and well as the alleged cover-up of criminal wrongdoing in the matter---an obstruction of justice---a prosecutable offense for which culpability will only increase with judicial homicide....

FLORIDA STATE HOUSE, SENATE EXPECTED TO VOTE BY DEADLINE

March 17, 2005

http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20050317/NEWS01/503170332/1006

EXCERPTS:

The Senate and House must first agree on the bill that would do so. Even as negotiations continued Wednesday, members on both sides indicated entrenched conflicting positions.

Both the Senate and House have scheduled time to pass a final bill before 1 p.m. Friday. Debate and first votes on the bills are set for today.

If lawmakers agree and pass a law that's signed by Gov. Jeb Bush, the matter will undoubtedly end up back in court, but with Schiavo's feeding tube still in.

Senate supporters of its version say the House version is too broad -- it would allow too many people to challenge a family's decision in court, it inappropriately intercedes in the judiciary, and it would nullify existing living wills and advance medical directives.

House supporters say the Senate version shares the same problem courts had with a 2003 law passed in special session to give Gov. Jeb Bush the power to require the feeding tube for Schiavo.

PLEASE CALL THE FLORIDA SENATORS TO URGE THEM TO SUPPORT THE BILL

SENATORS WHO ARE UNDECIDED:

Senator Victor Crist
Phone: (850) 487-5068
E-mail: Email: crist.victor.web@flsenate.gov

Senator Lee Constantine
Phone: (850) 487-5050
E-mail: constantine.lee.web@flsenate.gov

Senator Jeff Atwater
Phone: (850) 487-5100
E-Mail: atwater.jeffrey.web@flsenate.gov

Senator Rudy Garcia
Phone: (850) 487-5106
E-Mail: garcia.rudy.web@flsenate.gov

SENATORS AGAINST THE BILL:

Senator Nancy Argenziano
Phone: (850) 487-5017
E-mail: argenziano.nancy.web@flsenate.gov

Senator J.D. Alexander, Majority Whip
Phone: (850) 487-5044
E-mail: alexander.jd.web@flsenate.gov

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