Posted on 03/26/2005 3:47:20 PM PST by Cherokee Conservative
The Miami Herald reported Saturday that Florida Gov. Jeb Bush sent a team of state agents Thursday to rescue Terri Schiavo - but it was stopped short by local police.
"We were ready to go," Bush spokesman Jacob DiPietre told the Herald.
Doctors say that unless her feeding tube is reinserted, Schiavo, 41, will die a week or two after March 18. That is when a judge ordered it removed, having siding with Schiavo's huband's argument that Terri would have preferred it that way.
On Saturday, the Herald reported that local police in Pinellas Park, the small town where Schiavo lies at Hospice Woodside, were expecting "a showdown" between law enforcement agents.
But the squad from the Florida Department of Law Enforcement and the Department of Children & Families charged with taking custody of Schiavo and reinserting her feeding tube backed down after police told agents of the FDLE that they would enforce state judicial rulings preventing any actions to save Terri Schiavo.
"We told them that unless they had the judge with them when they came, they were not going to get in," a source with the local police told the Herald.
Apparently, the only showdown occured over the telephone.
"The FDLE called to say they were en route to the scene," an unnamed official with the city police told the Herald. "When the sheriff's department and our department told them they could not enforce their order, they backed off."
In ordering the move, Gov. Jeb Bush used state procedures allowing public agencies to freeze a judge's order whenever an agency appeals it. "We didn't want to break the law. There was a process in place and we were following the process," DePietre told the Herald.
On Wednesday, Pinellas-Pasco County Circuit Judge George W. Greer had signed an order forbidding DCF from taking the patient from the hospice, directing "each and every and singular sheriff of the state of Florida" to enforce the order.
But Thursday morning, DCF lawyers appealed Greer's order to judges at the Second District Court of Appeal in Lakeland, legally creating a window of opportunity to seize Schiavo, the Herald reported. The appeal created a stay in the judge's ruling.
It took nearly three hours before the judge found out and took steps to block that legal window, the Herald reported.
In the meantime, "there were two sets of law enforcement officers facing off, waiting for the other to blink," an unnamed official told the paper.
The Florida Department of Children and Families has been besiged by calls alleging Schiavo is the victim of abuse. On Wednesday, the governor and DCF chief Lucy Hadi made it known that they were considering sheltering Schiavo under the state's adult protection law.
According to Herald sources, DCF intended to take Schiavo to Morton Plant Hospital, where her feeding tube had been reinserted in 2003 following a previous judicial order allowing its removal.
Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. She left no living will.
Ah good, a cop. :) Several people have been suggesting sending the national guard in. I've been asking what would happen then. What would the cops do if, like during the Civil Rights movement, the governor sent in the national guard and took custody of Terri? Would they stand down, or would there just be a standoff?
Historical facts are that liberal presidents nominate liberal judges 100% of the time and conservative presidents nominate a mixture (to be fair of course) of conservative, liberal, and moderate judges. Guess how the courts get stacked by liberal activist judges!!! Then add the filibuster factor.......
Given everything else we've see, would it surprise you if he blocked her entrance to heaven and sent her to Hell? In fact, I'm not sure he's not Satan.
It was an order of the Court, but it took the power of the executive to see it enforced. The governor flatly refused to submit to Court authority and no power in the state could resist him, it took the President of the United States weilding Constitutional powers to see the Court's order fulfilled. The Court has neither sword nor purse, merely judgement.
Well said. If Jeb had taken a stand, he might have had a prayer in '08. Many Republicans just kissed their '08 chances goodbye with this disaster.
I can hear it now in a debate..."Bill Frist/Tom DeLay/insert name couldn't save the life of Terri Schaivo as Senate Leader...what makes you think he could run a country?" Game...Set...Match.
Ok, I give up. Ya'll have a nice day.
The executive, in this case, has Constitutional powers that he can use, but isn't using. The Courts do not have the power to stop him. That is just within the state of Florida. If we go into the law passed by Congress and the hearing that was called by Congress then we're talking about an even more disturbing usurptation of the Courts.
I hear tha schiavo has a really nice house for just on a nurses pay too.
I would start by saying that Republicans looked like some real wimp cases this week
This discussion in how to rein in the judges, has to take place. It is THE most important debate of all time. EVERY problem that we face as a people, and a nation comes down to one thing, judges. Sex offenders on the street, murderers getting death penalties and living 10 years on our dime. Every time there is a problem that seems nearly impossible to solve, look up and find a lawyer and a judge.
Amen, my friend. My sentiments exactly.
Here is a copy of a letter I just sent to the Chief of Police of Pinellas Park:
Dear Chief Thomas:
In as much as we have been inundated with media coverage with the Terri Schiavo state of affairs, one aspect seems to have escaped scrutiny (and of which I am certain you and your department, no doubt are relieved) and that is the role you and your department have played in assisting this state-sanctioned “execution.”
In my opinion (and that of many others) you and your “blue shirts” are complicit and an accessory (both before an after the fact) to the taking of an innocent human life by facilitating this mockery of what passes for jurisprudence in your jurisdiction.
If there have been any of your officers who have refused duty in order to protect the rights of Michael Schiavo while arresting any one who might have attempted to come to Terri’s rescue (including children) then this has been kept very quiet.
I find it hard to believe that there is not ONE officer who—based on moral, legal or ethical position—has not declined to be part of this travesty.
I can imagine that you and those who have provided “defense” and “protection” would reply that you were all simply “following orders”—regardless whose they may be.
That is the same retort/excuse/defense that the Brown/Black shirts attempted to use at the Nuremberg trials. “I was just following orders.” “Jawol, Mein Fuehrer.”
German SS Oath
"I swear to you Adolf Hitler, as Leader and Chancellor of the Reich, loyalty and valor. I vow to you and all those you place over me obedience until death, so help me God."
Being a Vietnam Vet and having served in the military for 8 years, I know that even a lowly recruit has the duty (and obligation) to refuse to carry out an order if they believe it to be unlawful or illegal. In the end, they have to justify their actions and may end up being court-martialed and could even be imprisoned—or in time of war—shot.
You and your “goons” on the other hand, stand to be—worst case scenario—demoted, or fired. That is, if none of you prevailed after litigation and other legal challenges.
I do not know the organizational structure in Florida. However, I find it hard to believe that a lowly probate judge (Greer) has the authority to command an autonomous municipality such as Pinellas Park, to obey his court instructions. Perhaps he may, but if not, then it stands to reason that someone else (the mayor, city council, etc.) are providing you with your “marching orders.”
Notwithstanding who has given the orders, it is shameful conduct on the part of you and your department.
Most Police Departments in the USA, operate under the banner of: “To Serve and PROTECT.” I guess your department has no such allegiance or pledge.
If I am mistaken, then it must be that somehow, this Michael Schiavo has some exalted powers, as it appears when there are any questions it is he who your officers call for permission or authorization.
For your information, it is illegal in the State of Florida to starve an animal.
The 2004 Florida Statutes
Title XLVI
CRIMES Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
828.12 Cruelty to animals.--
(1) A person who unnecessarily overloads, overdrives, torments, DEPRIVES OF NECESSARY SUSTENANCE, shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or
otherwise, any animal in a cruel or inhumane manner, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 (SEE BELOW) or by a fine of not more than $5,000, or both. (EMPHASIS ADDED)
CRIMES Chapter 775
DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS
s. 775.082 (a) For a misdemeanor of the first degree, by a definite term of IMPRISONMENT not exceeding 1 year (EMPHASIS ADDED)
Now is that not simply wonderful. Starve an animal in Florida and stand at risk of going to jail for a year. However, starve a human being and not only is this sanctioned, but you and your department are doing (and have done) everything possible to “aid and abet” this “murder.”
Here in Vermont, a man was convicted cruelty to animals for starving his cows.
Christian DeNeergaard pleaded guilty to five misdemeanor counts of animal cruelty in January. He received a suspended one-year sentence as well as 30 days of work crew assignment as part of a deal with prosecutors. In October, 2004, then-Washington County State's Attorney Tom Kelly said he would seek at least some jail time for animal neglect, which claimed the lives of at least 11 cows.
"We think some jail time is appropriate," said Kelly in an October interview. "The cows suffered tremendously."
Where are your (and your officers’) ethics? Where is your sense of duty? Where does your responsibility to follow orders of the court(s) or superiors end and a duty to a higher authority begin?
If what I read in The Miami Herald is true and a team of Florida Department of Law Enforcement agents were on their way to seize Terri, but "stopped short" when told that local police officers “would enforce a judge's order against removing her,” then I can only assume they were referring to you and your “officers.”
It is unfortunate that they (FDLE) “blinked.” It would have been most interesting to see if you and your “thugs” would actually have threatened fellow law enforcement officials with bodily harm? It certainly appears that way.
It is also unfortunate that Governor Bush does not have the fortitude and resolve to call out the National Guard to enforce the State Constitution and its provisions of which he took an oath to uphold. I would dearly love to have witnessed your “local yokels” try and prevent them from performing their “duties.”
It has been many years since I visited Florida and I had contemplated doing so again in the future. Now, I will have to think long and hard before I decide to do so and if I should, I will definitely never set foot in your county or town and regardless of the other “niceties” it affords its “seasoned citizens” (of which due to my age, I qualify) I would never entertain the thought of retiring in your state.
I also happen to be Catholic and it is reported that your “brown shirts” will to the end, uphold their “duty,” and enforce Michael Schiavo’s order that Terri not be given Holy Communion as part of her last rites, nor today, Easter, as her faith declares she should do.
How proud you all must be of your conduct! There are many villains in this still-to-be-finalized saga.
Nevertheless, I count you and your department as one of the worst. I hope all of you can sleep well after this is all over and are at peace with your consciences—if any of you even have one.
Sincerely,
Should anyone else be so inclined to express their opinions to the Chief of Police in Pinellas Park, here is her name and address:
Chief Dorene Thomas
dthomas@pinellas-park.com
http://www.pinellas-park.com/Police/officeofchief.asp
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