Judge is considering ruling from late hearing

AP ^ | 3.25.05

[ambrose]

Judge is considering ruling from late hearing

PINELLAS PARK, Fla. (AP) - Another court, and another decision pending in the bitter dispute over the removal of the feeding tube from a brain-damaged Florida woman.

A federal judge in Tampa says he'll work overnight to issue a ruling following a hearing on an emergency request to have Terri Schiavo's feeding tube reconnected.

It was removed Friday. Tonight's hearing follows a refusal by the U.S. Supreme Court to intervene. And Florida's Supreme court issued a late ruling backing a lower court judge's refusal to allow the state to take custody of Schiavo.

Judge James Whittemore asked the parents' lawyer to focus on the legal issues.

As attorney David Gibbs attempted to liken Schiavo's death to a murder, the judge interrupted. Whittemore called the comparison "emotional rhetoric" and said it wouldn't influence the court.

Meanwhile, the area around the federal courthouse was evacuated during the hearing after a suspicious backpack was found outside. The hearing was not interrupted.

[Kryptonite]

Very well put.

[smoothsailing]

http://theempirejournal.com/14902_new_evidence_of_alleged_as.htm

Do you know if there is anything to this?It has todays date.

[djf]

My personal bet is that he will order her to be re-attached.

But he has to find a way to do it that doesn't permanently invalidate or override Florida law.

It burns my hide that many folks here complain about judicial activism EXCEPT if the decision doesn't go their way.

I think the judges in Florida ruled the way they had to given THE NATURE OF THE COMPLAINTS THAT WERE FILED.

If the Schindler's attorneys had just once attacked her hubbies right or ability to decide for her, she would already have the tube re-inserted.

Buncha hacks...

[Rome2000]

If the democrats were in power and pulled the stunt you want Jeb to do, you and lots of others here would be screaming at the top of their lungs that the democrats were interfering with the sanctity of marriage.

And Terri Sciavo would be alive instead of starved to death because some psychotic male nurse with a death fetish and a swamp judge said so with no written proof of the womans wishes.

Seems to me some people are more concerned about political fallout than whether she lives or dies.

If the GOP can't stand the heat they need to get out of the kitchen.

[Nick Danger]

I am afraid that the judge is not considering how to use the law to do the right thing

No he's not, assuming that by "right thing" you mean saving Terri's life. We would all like to think that is his job. But it isn't. His job is to adjudicate a dispute between Michael Schiavo and the Schindlers, and he has to be fair to both sides.

It is up to the Schindlers to present him with a reason to issue the injunction. So far all Gibbs has been doing is waving his arms and talking about murder and filing absolutely the wrong plea. At one point in the previous hearing, Whittemore asked Gibbs if he could cite any precedent for this argument he was making. "No I can't, your honor." What, the guy doesn't subscribe to Lexis? He doesn't look up the case law on the issues he's arguing? What kind of low-rent doofus lawyer is this? And to think that Terri's life depends on this! Arrghhh.

[djf]

Agreed. I haven't heard a single argument that substantive trumps procedural. And only minimal attempts at arguing the evidentiary aspects.

[Kryptonite]

The being fair vs. doing the right thing debate lies at the core of this tragedy.

I'm with those who would err on the side of preserving life, even if it means being unfair to Michael Schiavo.

So sue me.

[kcvl]

He wants to ignore reality, that his decision WILL mean life or death to an innocent woman.

As if he gives a damn. Terri is lying there starving to death. I doubt he will miss a meal. They could have inserted the feeding tube and looked at the facts. That tells me they have already decided, all of them. Terri is going to starve to death whether that was her wish or not.

[texasflower]

You aren't thinking clearly. I hope that at some point you will realize just exactly what it was you were hoping for and thanking God that it didn't happen.

Terri may well go to the arms of her Savior soon. That's not exactly a bad place to be.

Don't get me wrong, I would be thrilled if a legal way was found to save her. But I think the legal means may be exhausted by now.

Terri's purpose on this earth may be fulfilled. God's will is going to be done one way or the other.

We just don't know what God's will is right now. She may have a higher purpose in death. Trust God to take loving care of her and ease her suffering.

[kcvl]

He said it looked like an army of lawyers.

Many of them from the ACLU.

[Nick Danger]

Gaming Terri's life by refusing to assume jurisdiction over inadequate filings...

I thought there was some of that in Whittemore's first decision. He's basically slapping Gibbs around, but at the same time trying to point him in the right direction. I think Whittemore assumed that Gibbs would come back with an amended plea a lot sooner than he did.

I think Whittemore truly understands what Congress was trying to do, but Gibbs gave him nothing to hang an injunction on. Let's hope Gibbs did better this time.

[Kryptonite]

Another very astute observartion. Sad, but oh so true.

[Lawdoc]

I know he seems unprepared. But there are limits to what a single human being can do in a given amount of time. This guy is probably very competent but overwhelmed, sleep deprived and emotionally exhausted. I just do not think Terri's side has sufficient resources.

Felos can look like a legal genius because he does not have the burden of proof, does not have to attempt novel arguments, and he has a pet state judge.

I am frusrated too, but I don't want to trash Gibbs.

[MKM1960]

Because the Schindler family was suing Michael Schiavo, in his capacity as guardian of Terri's estate, the estate pays for the legal expenses. This is a standard practice.

[Miss Behave]

Yes, kcvl. At the very least.

[Kryptonite]

Everybody's human.

Gibbs has done better, but sadly, I think the headline for this tragedy must be "Too little, too late".

Thank you so much for your insights.

[SeaBiscuit]

I agree with your assesment so far and was wondering if you have an opinion why Whittemore hasn't ruled yet, in that would his delay be a bad or good sign for the Schindlers.

[gentlestrength]

"David Gibbs attempted to liken Schiavo's death to a murder, the judge [Whittemore]interrupted. Whittemore called the comparison 'emotional rhetoric' and said it wouldn't influence the court"

The emotional rhetoric is true; that's what sad. But yes, we can all learn from "David Boies" as you said!

Lord, please speak Your Truth to Whittemore all night.

[Nick Danger]

would his delay be a bad or good sign for the Schindlers.

Whittemore's rep is that he's slow and methodical no matter what he does. I don't think we can read anything into it. Last time, he spent a very long time saying 'no.'

I think this time he understands that he is now deciding whether a human being lives or dies; there is no more time for appeals. It's all on him. I don't think he'll play law-games with this decision. But that doesn't mean he might not say no. If Gibbs once again left him no hook to hang an injunction on, it's over.

[pnz1]

Surely Gibbs has gotten someone to help him prepare this time. Even if he just watches Fox News Channel he might have gotten some ideas.