Judge receives Schiavo Lawsuit

The Miami Herald ^ | 3/21/2005 | Phil Long

[MichaelP]

Posted on Mon, Mar. 21, 2005

R E L A T E D C O N T E N T

LAST-MINUTE ACTION: David Gibbs III, the attorney for the Schindler family, holds a copy of the lawsuit filed in the Terri Schiavo case outside the U.S. Courthouse early Monday morning in Tampa. CHRIS O'MEARA/AP

R E L A T E D L I N K S • Read the legislation • Some churchgoers see case's shades of gray • Protest outside husband's house • Mom: It's about love, not 'yes' or `no' • Is Congress overstepping its limits? Legal experts at odds • Previous coverage | The life of Terri Schiavo • Emotions fill Capitol debate • Schiavo visitors watch with prayers • High-profile antiabortion protesters reunited • Death from dehydration common, placid, doctors say • Schiavo case hits home for some • Read the subpoenas • Read the federal motions • Forum | What do you think about the recent developments? • Gov. Bush leads unprecedented lobbying effort • Schiavo's plight still weighs on former guardian • Subpoenas rely on anti-Mafia tactic • Protests shatter calm at hospice • Time runs short for Schiavo • Lawmakers widen Schiavo right-to-die fight • Graphic | Timeline • On the Web | Legal documents • On the Web | President Bush's remarks on the Schiavo case • Read Dr.Wolfson's final report

Judge receives Schiavo lawsuit

BY PHIL LONG

plong@herald.com

TAMPA - Capping a hectic night of action by the Republican Congress and President George Bush to pave the way, a new federal lawsuit designed to keep Terri Schiavo alive landed early this morning in the hands of a federal judge appointed by Democrat Bill Clinton.

See link for rest

U.S.

[Tree of Liberty]

You're welcome

[Mo1]

well, seeing as how it is surgery with anesthesia, i can see a reason but there is no reason why she cannot have IV fluids and they can use hyperalimentation via IV to get nutrition into her. That is so non invasive there is not a reason to delay.

You're right about the IV fluids .. she can receive that till the hearing is heard

The dehydration is what will harm Terry the most right now

[sarasota]

Thanks.

[nmh]

I have no complaints with DC. They truly did ALL they could as quickly as they could.

But

"It's now up to the Fed Judge is speed up the time for hearing Terry's case"

WHY 3PM with the hope of some sort of an answer.

Terri doesn't have allot of time.

[FairOpinion]

---

YOU CAN SEND A MESSAGE TO JUDGE WHITTEMORE FROM THIS PAGE:

http://www.flmd.uscourts.gov/feedback.htm

THIS IS A GENERAL E-MAIL, so PUT Judge Whittemore's name and "Schiavo case" in the title and ask him to order the re-insertion of the tube IMMEDIATELY, while he is re-examining the case.

You may also want to call the phone number below.

KEEP TERRI ALIVE!!!!

=======

The info page on Whittemore had this:

Honorable James D. Whittemore

http://www.flmd.uscourts.gov/jg__whittemore.htm

No specific information pertaining to Judge Whittemore is available through this web site. Please contact chambers staff or the Clerk’s Office with the information provided through the link above.


Kristin Esposito
Judicial Assistant
813/301-5880

[TheDon]

I heard last night that the family had received a positive response from all of the federal judges that might receive the case, and they all stated they would accept it. Let's hope I heard right!

[xzins]

Judge Whittemore Case:

CBS) State regulators say 90,000 victims were preyed on by people they prayed with, reports CBS News Correspondent Bob Fuss — almost $2 billion ripped off by con artists with religious investment schemes. And those are only the ones they've caught.

In the past three years, securities regulators in 27 states have taken actions against hundreds of companies and individuals that used religious or spiritual beliefs to gain the trust of more than 90,000 investors.

The biggest so far is Gerald Payne, who ran the Greater Ministries International Church, allegedly a $448 million scheme based in Tampa, Fla. Payne, an ailing, 65-year-old minister, was sentenced Monday to 27 years in prison on fraud charges.

"The fact that you used the word of God to perpetuate a fraud is absolutely despicable," U.S. District Judge James Whittemore told Payne in sentencing him Monday.

The organization's promoters used Bible verses — like Luke 6:38: "Give, and it shall be given unto you" — promising the faithful that God would double their money if they gave it to Greater Ministries. Some 20,000 investors nationwide were persuaded to mortgage their homes, run up big credit-card debts or cash in their retirement funds on the promise of huge returns from investments in cargo ships and gold, platinum, silver and diamond mines in the Caribbean and Africa, the regulators say.

[xzins]

Judge Whittemore Case:

Judge sides with whistleblower in dispute
By GRAHAM BRINK, Times Staff Writer
© St. Petersburg Times
published July 11, 2002

---

TAMPA -- In 1998, Jeanette Walden told federal investigators she had information about fraudulent billing at GTE Data Services.

Federal prosecutors took up the case and sent her a letter saying that as long as she provided complete and truthful information, she would not be prosecuted.

So she was shocked when three years later, after cooperating with investigators, she was charged with making false statements, conspiracy and fraud.

"It didn't make any sense," said Walden's lawyer, Michelle Peden.

U.S. District Court Judge James Whittemore agreed, filing an order Wednesday stating that the federal government broke its promise. The government did not contend that Walden committed perjury, made false statements or otherwise wavered from her part of the agreement, Whittemore wrote.

"Accordingly, I conclude that the government unilaterally breached that agreement."

Walden, working at GTE Data Services, began to suspect that some employees were fraudulently billing Blue Cross, Blue Shield. She left the company in 1997 and went to work as a contract employee for Blue Cross.

In 1998, she spoke with Blue Cross' legal department about her allegations and eventually federal investigators became involved. Walden was concerned about her own culpability and asked for immunity from prosecution.

A letter from federal prosecutor Jack Fernandez said she would not be prosecuted for anything she said. Despite cooperating, Walden was indicted last year.

In May, Fernandez, who had left the prosecutors office before Walden was indicted, said he did not mean to grant immunity.

The new prosecutor asked the judge to allow the government to nullify the agreement. The judge was having nothing of it.

[Military family member]

What about those RINOs who did not vote?

[Polybius]

You know this Clintonista judge is going to order that Terri starve to death, too. Any doubts?

In such a high profile case, it will always end up on appeal so the 11th Circuit Court of Appeals will have the final say over what the lower Court Judge decides.

[ContraryMary]

There is a lot of misinformation floating around. Or perhaps you're misinterpreting. I find it difficult to believe that any, let alone every, federal judge would say what they're going to be before seeing what is before them.

[Spunky]

"I believe she can't have an MRI because of metal in her brain"

My husband needed an MRI to determine why he was having numbness of his arm and leg. There was some question as to whether they could do it because he has an artificial valve and shunts in his heart. They determined because those were put in some years back it was OK to go ahead and do the MRI.

[Defiant]

Yes, but an appeals court give a tremendous amount of discretion to a decision by a trial court over whether to grant an injunction. If Whitemore fails to grant the injunction, it's probably over at the federal level.

[JohnnyP]

I think Sensenbrenner was trying to get the law to read SHALL review, but they had to compromise it to say MAY review.

[Mo1]

I find it difficult to believe that any, let alone every, federal judge would say what they're going to be before seeing what is before them.

I don't know about that comment about the Judges .. I had not heard it

But a willing to hear a case and deciding the outcome before the case is heard are two different things

[ContraryMary]

Are the valves and shunts metal?

[Saundra Duffy]

Call Gov Jeb Bush and demand that he take Terri into protective custody RIGHT NOW in order to investigate outstanding charges of abuse, neglect and exploitation by his very own Dept. of Children and Families.

Jeb Bush's # 1-850-488-4441 - Terri can't wait 'til 3 p.m. today.

[Spunky]

"It should not take that long to review the pleadings that were filed and call the lawyers back to chambers. Let's hope that happens this morning"

I heard on the news that Schiavo's lawyer has filed a 1 inch breaf and the Judge has looked at it and has ordered ALL parties into chambers in 5 hours.

[XR7]

This is so silly. Why on earth Congress, Gov. Bush, and President Bush have chosen this route has done this is beyond me. Instead of protecting Terri via US Marshals, National Guard, State Police, etc.. They allow her tube to be disconnected and then thow her fate back into a corrupt judicial system.

What would Pilate do?

[Malesherbes]

The Clinton appointed judge will hear arguments on the case at 3:00 p.m., after he has returned from lunch.