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Locked on 03/22/2005 6:58:02 PM PST by Lead Moderator, reason:
Part 4, day 5 thread: http://www.freerepublic.com/focus/f-news/1368430/posts |
Posted on 03/20/2005 10:27:03 PM PST by Ohioan from Florida
You've got mail....
I've been looking all over, and all I can find is floriduh's post about Redner being there today:
http://www.freerepublic.com/focus/f-news/1366995/posts?page=3075#3075
I hope you people can get some much needed rest.
Goodnight and God bless.
Ok, the case that the guy on Greta was talking about that was overturned by the 11th Circuit is the one at this link:
http://www.flmd.uscourts.gov/
type notable cases in the search and it is under a link that says other notable cases, you will see the notice of hearing that was from this afternoon and the injunction that was filed friday against Greer et al by Terri's lawyer to keep the feeding tubes in. This was overturned....they said it on Greta. I am now going to the 11th Circuit and see what i can see....BRB
Btw... If Terri dies before the feeding tube is put back in.
What will be the cause of death the doctor writes on her death certificate?
THINK!!!
did you see that post that claimed Greer is lawyered up - supposedly retained a big-time criminal defense attorney named Cohen?
The 11th circuit does not have the appeal listed yet...
Joe Scarborough on MSNBC has been great. I'm sure it's been on here before, but WOWO! Pat Buchanan and a Rabbi and Jay Sekulow agreeing about Terri!! Pat said in the 1920s, A book something like "To live not to live" inspired them to take an 8 yr-old child with some missing or deformed limbs, which was shown to Hitler and asked if they could take its life. He said yes. Later the testing progressed to 100,000. The Kommandant there ended up being one of the heads at Treblinka.
"If it's true that this is happening across the country [to our deformed and our weak and infirm, to our mentally incapacitated and to our elderly,] then we need to stop these murders, or "OR WE WILL NO LONGER BE GOD'S COUNTRY."
Another pointed out, would we have done this to Reagan with his Alzheimers?? He couldn't think, recognize.
And the Nobel Prize winner Dr. Bill (?) Hammesfahr, whose area of specialty is specifically Terri's types of injuries, says she couldn't have had a heart attack, because the enzymes weren't there. And if it was because of her electrolytes being imbalanced, it wouldn't have resulted in a heart attack; we know because the enzymes weren't there! Instead, she told her parents she was thinking about a divorce. They told her not to go back to him that night. The next day(?) after going back to him she was found unconscious on the floor.
CNN's poll now claims 66 percent of Americans vote to take her off the tube. That means 66 percent of those who watch CNN would murder their parent.
The following article tells about the appeal I was talking about a few posts up....now the guy I saw on Greta said for sure that the 11th already overturned Moodys decision...and that is good news, BUT the reason nothing has happened yet is contained in this article...they (11th) is waiting until the current court (district) rules...but this tells me that this appeal is the bag...or seems to be if the guy on Greta is correct.
Monday, March 21, 2005
Story last updated at 3:15 p.m. on Monday, March 21, 2005
Both sides in Schiavo dispute await judge's hearing
By VICKIE CHACHERE
Associated Press Writer
PINELLAS PARK, Fla. - The parents of Terri Schiavo asked a judge to reinsert the brain-damaged woman's feeding tube Monday, following an extraordinary political fight that consumed both chambers of Congress and prompted the president to rush back to the White House.
An attorney for Schiavo's parents, Bob and Mary Schindler, arrived at federal district court in Tampa and filed a request for an emergency injunction to keep their daughter fed.
It was assigned to U.S. District Judge James Whittemore, who was nominated to the court in 1999 by President Clinton. He set a hearing for Monday afternoon, according to a court Web site.
David Gibbs II, attorney for the parents, said the judge had sent a message saying he was reviewing the filings in the case.
The 11th U.S. Circuit Court of Appeals in Atlanta issued an order saying it would not intervene before Whittemore had a chance to consider the case. The Atlanta court had been asked to consider issuing the injunction under an appeal brought by the Schindlers on Friday.
Earlier Monday, the House, following a move by the Senate, passed a bill to let the parents ask a federal judge to prolong Schiavo's life by reinserting her feeding tube. President Bush, who rushed back to Washington from Crawford, Texas to sign the measure in the early morning hours, applauded the dramatic legislative maneuver.
"Democrats and Republicans in Congress came together last night to give Terri Schiavo's parents another opportunity to save their daughter's life," Bush said at an event on Social Security in Arizona. "This is a complex case with serious issues, but in extraordinary circumstances like this, it is wise to always err on the side of life."
Schiavo's husband, Michael Schiavo, said he was outraged that lawmakers and the president were intervening in the contentious right-to-die battle. He has fought for years with his wife's parents over whether she should be permitted to die or kept alive through the feeding tube.
"This is a sad day for Terri. But I'll tell you what: It's also is a sad day for everyone in this country because the United States government is going to come in and trample all over your personal, family matters," he told ABC's "Good Morning America" on Monday.
Michael Schiavo has not responded to repeated interview requests from The Associated Press.
The lawsuit alleges a series of rights violations, including that Terri Schiavo's religious beliefs were being infringed upon, that the removal of the feeding tube violated her rights and that she was not provided an independent attorney to represent her interests.
Outside the hospice where his daughter entered her fourth day without food or water, Bob Schindler told reporters "I'm numb, I'm just totally numb. This whole thing, it's hard to believe it."
A shout of joy was heard from the crowd outside the hospice when news of the House bill's passage came. Among those cheering was David Bayly, 45, of Toledo, Ohio: "I'm overjoyed to see the vote and see Terri's life extended by whatever amount God gives her."
Only a few protesters milled about outside the hospice Monday morning in the hours leading up to the federal court hearing; some said they were leaving to get some sleep and planned to return in the afternoon. A few people appeared outside the Tampa courthouse, saying they were praying for Whittemore.
The 41-year-old woman's feeding tube was removed Friday on a Florida judge's order. Schiavo could linger for one or two weeks if the tube is not reinserted - as has happened twice before, once on a judge's order and once after Gov. Jeb Bush signed "Terri's Law," which was later declared unconstitutional.
In Tallahassee on Monday, Gov. Bush praised Congress for its "extraordinary action" in the Schiavo matter and rejected criticism that the legislation represented an unwarranted federal intrusion in a state case.
"They're not overruling any decision in asking federal to review the decision. I think that's more than appropriate," he said, adding that efforts would continue to find compromise on state legislation to protect Schiavo.
The governor said he was in frequent contact during the weekend with Senate Majority Leader Bill Frist, R-Tenn., House Majority Leader Tom DeLay, R-Texas, and Sen. Mel Martinez, R-Fla., as the federal legislation moved forward.
George Felos, a lawyer for Michael Schiavo, did not return repeated phone messages seeking comment Monday. The voicemail box of George Greer, the Florida circuit judge who presides over the case, was full and didn't accept messages.
Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly because of a possible potassium imbalance brought on by an eating disorder. She can breathe on her own, but has relied on the feeding tube to keep her alive.
Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery. Her husband says she would not want to be kept alive in that condition, but her parents insist she could recover with treatment.
Bob Schindler visited his daughter late Sunday and said he noticed the effects of dehydration on her. He said she appeared to be getting tired, but eventually responded to his teasing by making a face at him.
"It tells us she's still with us," he said.
Brian Schiavo, Michael's brother, said he spent Sunday afternoon with his brother and Terri at the hospice, but Terri did not move or make any noises. "Anybody that thinks that she talks and responds, they need to have a mental health examination," he said.
The bill passed in Congress applies only to Schiavo and would allow a federal court to review the case. The House passed the bill on a 203-58 vote after calling lawmakers back for an emergency Sunday session.
Rep. Debbie Wasserman Schultz, D-Fla., argued passionately against the bill on the House floor. She told NBC's "Today" show early Monday that "we thumbed our nose at the Constitution last night ... and it's just wrong." The Senate approved the bill Sunday by voice vote.
___
One of the lowest points in Greer's career as a judge came in 1998, when he denied an injunction for a wife seeking protection from her husband. He noted that the woman had not listed any acts of violence by the man.
Days later, the husband stabbed her to death.
Greer said he followed the law, and the woman's co-workers protested outside the courthouse.
"As a judge, there's always the fear that you're going to miss something and somebody is going to get hurt," Greer said. "It happens in all cases. When you make those kind of decisions, there's very little you can do to be 100 percent certain because you never have 100 percent of the facts."
I'm assuming you're referring to this part of the article you posted:
The 11th U.S. Circuit Court of Appeals in Atlanta issued an order saying it would not intervene before Whittemore had a chance to consider the case. The Atlanta court had been asked to consider issuing the injunction under an appeal brought by the Schindlers on Friday.
Great find. It does sound like the appeal might go thru which is definately good news. However, Terri obviously needs water as soon as possible.
Felos made a point of telling Whittemore to take his time. That's what Felos is counting on - the clock to tick away precious minutes, while Terri goes without water.
Prayers for Terri and her family.
I feel better though knowing that the appeal will give Terri her denovo review....that is huge....this appeal is our backup...now think, IF this Whittemore KNOWS that Moody was overturned he isn't going to deny this, it will get overturned too...so I am guessing that this judge may be just backing himself up with enough case law to deny what Felos filed. Hope and pray.
Greer, plain and simple needs to be impeached and brought up on criminal charges
Rep. Debbie Wasserman Schultz, D-Fla., said..."we thumbed our nose at the Constitution last night ... and it's just wrong."
No, I think it was on Joe Scarborough, probably Jay Sekulow saying that the Congress DOES have the right to re-district a case. It's legal. And right, not wrong.
Are you still up bud? I just got home from work and need a quick catch up..anything to tell?
I meant, Debbie was wrong.
Or as a Clinton appointee he's backing himself up with case law to try and claim what the Congress did was unconstitutional, and make it a big he's-saving-America thing.
He could have fallen asleep, though he meant not to. Just got on, myself. I read a few posts up that legaleagle thinks the 11th Circuit in Atlanta is poised to rule on the emergency relief for Terri if Whittemore continues to drag his feet. He found where that Court has already overturned Moody, who ruled on the 18th that he would not hear Greer because there was no Federal jurisdiction. Greer has already submitted filings with the Altanta Court. Legaleagle saw some lawyer on Greta who made a comment that helped him come to this view, or reinforce this view. So he is expecting to hear something from Atlanta...
what on earth is greer doing getting involved in this??? it was my understanding that any legal interest (other than prosecuting the bast***) was null and void now.
However, checking legaleagle's posts again, nowhere does he say he expects Atlanta to come in before Whittemore rules one way or the other. Which is the problem, because Whittemore refuses to say anything about when he will rule...meanwhile, Terri grows very weak.
I am confused if Greer was there, or if Greer's recently hired criminal defense attorney was simply there on Greer's behalf. FV says Cohen is a bigtime criminal defense attorney, and Greer has retained him. Cohen was definitely there. Greer was named in David Gibb's filings, you know, along with Michael and the hospice.
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