Posted on 03/21/2005 6:21:04 AM PST by 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.
(Excerpt) Read more at miami.com ...
This case is pivotal in the direction our country takes, and it MUST be decided that life is valuable, and cannot wantonly be taken from innocent citizens.
PRAYER BUMP!!!
I just watched MIchael Schiavo on CNN.he was not with Felos, his attorney was a woman.
Anybody knows what that is all about.Has Felos run away?
He was appointed by Bill Clinton.
This makes me NERVOUS.
It didn't order federal review. It gave the option of federal review.
Perhaps they want her to die to MAKE it meaningful???
MARTYRDOM is do dramatic.
You silly... OUR country's opinion doesn't have have bearing...
Why not a bill saying you can't pull food and water from someone who wouldn't die soon anyway? Irregardless of what the family says.
Edelweiss, edelweiss...
"Oh, geez. A Clinton judge? Keep praying, people. The innocent must be protected!!!!"
Yeah, a CLINTON appointed judge.
Does anyone know anything about this judge or is being appointed by Clinton all we need to know?
All I've been able to find is that he was appointed in 1999. I'm still looking for a bio sheet.
JUDGE JAMES WHITTEMORE RULING:
Felling Eagle's Nest Tree Costs Two Men $100,000
TAMPA, Florida, February 8, 2005 (ENS) - A federal judge in Tampa has ordered an Indiana man to pay a total of $90,000 and serve a year of probation for violating the Bald and Golden Eagle Protection Act. Mylon Stockton of Noblesville, Indiana was penalized for cutting down a tree containing an eagle's nest on a property in Venice, Florida.
The property owner, co-defendant, Mark Borinsky North Port, Florida, was fined $10,000 after pleading guilty to a similar offense.
According to public real estate records, Borinsky purchased a piece of property in Venice, Florida in November 2002 for about $59,000.
According to the criminal information filed in the case, Borinsky and Stockton went onto Borinsky's Venice property on November 27, 2002. According to the charges, Borinsky attempted to cut down a pine tree containing an eagle nest which was visible from beneath the tree.
Under the Bald and Golden Eagle Protection Act the presence of an eagle nest may result in restrictions on the use of, or removal of trees from, the vicinity of the nest.
The tree began to fall but toppled on another tree. It stayed standing at an angle with Borinsky's chainsaw stuck in the trunk. A neighbor told the two men the tree contained an eagle's nest and that it was illegal to cut the tree down.
Stockton ignored the neighbor and used his car jack to lift the tree trunk and free his chainsaw This caused the nest tree to dislodge from the other tree and fall to the ground.
Stockton and Borinsky then cut several additional trees down on top of the nest tree, which destroyed it.
The prosecutor told U.S. District Judge James Whittemore during the sentencing hearing on January 31 that most of the funds Stockton was ordered to pay represent the profit realized when the property, by then without the eagle nest, was resold for about $150,000 in April 2004.
Stockton was sentenced to the same $10,000 fine as Borinsky but was also sentenced to community service consisting of a $40,000 donation to the National Fish and Wildlife Foundation Florida Bald Eagle Conservation Fund and a $40,000 donation to the Audubon Center for Birds of Prey.
A single violation of the Bald and Golden Eagle Protection Act is a misdemeanor. The maximum penalty is one year imprisonment and a fine of either $100,000, or twice the financial gain or loss caused by the offense.
"The Clinton-appointed judge might sit on this until she's dead."
That's what I fear.
what a shame that terri's not a bald eagle.
Prayer bump!
(There are those who would probably argue that mine are selfish prayers. But, as someone who is also disabled, I worry about how low the cult of death is willing to lower the bar.)
I simply cannot understand what is so difficult to comprehend about, in the absence of anything in writing stating the victim's wishes to the contrary, wanting our nation to err on the side of life when making decisions about whether or not to starve someone to death.
Whittemore, James D.
Born 1952 in Walterboro, SC
Federal Judicial Service:
U. S. District Court, Middle District of Florida
Nominated by William J. Clinton on October 20, 1999, to a new seat created by 113 Stat. 1501; Confirmed by the Senate on May 24, 2000, and received commission on May 25, 2000.
Education:
University of Florida, B.S.B.A, 1974
Stetson University College of Law, J.D., 1977
Professional Career:
Private practice, FL, 1977
Assistant federal public defender, Office of Federal Public Defender, 1978-1981
Private practice, FL, 1981-1990
Judge, Thirteenth Judicial Circuit Court, Florida, 1990-2000
Race or Ethnicity: White
Gender: Male
http://air.fjc.gov/servlet/tGetInfo?jid=2872
How much do you want to best this Clinton judge places more value on a eagle's life than a brain-damaged human being's life?
The Left's mentality is exterminate those are unfit to live, just like the Nazis'.
http://www.fjc.gov/servlet/tGetInfo?jid=2872
Whittemore, James D.
Born 1952 in Walterboro, SC
Federal Judicial Service:
U. S. District Court, Middle District of Florida
Nominated by William J. Clinton on October 20, 1999, to a new seat created by 113 Stat. 1501; Confirmed by the Senate on May 24, 2000, and received commission on May 25, 2000.
Education:
University of Florida, B.S.B.A, 1974
Stetson University College of Law, J.D., 1977
Professional Career:
Private practice, FL, 1977
Assistant federal public defender, Office of Federal Public Defender, 1978-1981
Private practice, FL, 1981-1990
Judge, Thirteenth Judicial Circuit Court, Florida, 1990-2000
Race or Ethnicity: White
Gender: Male
Judge Whittemore case:
Tampa man get 7 years for $14M fraud
March 19, 2003, Tampa, Fla. -- A businessman who led an organization that bilked $14 million from government health care programs was sentenced to seven years in prison. Barry D. Haught, 49, was sentenced by U.S. District Judge James Whittemore Tuesday after pleading guilty in May to two federal counts that included conspiracy to commit Medicare and Medicaid fraud.
"in the hands of a federal judge appointed by Democrat Bill Clinton.
Not exactly comforting."
I would rephrase that
"in the hands of a federal judge
Not exactly comforting."
However you might feel on the merits of the case, is it not apparent that we no longer live in a Democracy/Republic: when the Legislative and Executive Branch need to beg the Judicial Branch to at least take another look at case before they order someone to be killed.
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