Posted on 03/30/2005 12:25:05 PM PST by jpsb
Edited on 03/30/2005 12:44:39 PM PST by Sidebar Moderator. [history]
With time running out for Terri Schiavo, a federal appeals court Wednesday rejected her parents' latest attempt to get the brain-damaged woman's feeding tube reconnected.
The Atlanta-based 11th U.S. Circuit Court of Appeals agreed to consider an emergency bid by Bob and Mary Schindler for a new hearing in their case, raising a flicker of hope for the parents after a series of setbacks in the case. But the court rejected the request 15 hours later.
Three times last week, the court also ruled against the Schindlers.
"Any further action by our court or the district court would be improper," Judge Stanley F. Birch Jr. wrote. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty."
To be granted, the parents' request would have needed the support of seven of the court's 12 judges. The court did not disclose the vote breakdown.
The Schindlers visited their daughter Wednesday morning at her hospice and urged their supporters to keep trying. "I was pleasantly surprised by what I saw," Bob Schindler said. "So she's still fighting, and we'll keep fighting."
"We know that some of her organs are still functioning. ... It's not too late," he said.
In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law. The Schindlers' motion also said the federal appellate court in Atlanta didn't consider whether there was enough "clear and convincing" evidence that Terri Schiavo would have chosen to die in her current condition.
The ones where the condemmed keeps getting an execution date set then at the last minute potponed. This happens with most execution scenarios.
I'd love to continue the discussion, if you'll clarify for me who "those like you" are.
Yup, everyone but RINOs/secular_RATs and the courts lose.
Uh, nobody at freerepublic is governor of Florida. All we're asking Jeb to do is be governor, and not let a swamp judge sieze executive authority (by ordering local cops to shoot state officials if they try to rescue Terri). Jeb has allowed his constitutional powers to be usurped by a backwater judge. Jeb is a poll-driven wimp. Most politicians are, of course, but it's particularly sad here, because his higher instincts told him he needed to help Terri - but his lower instincts - fear - won out. Terri dies - and so does some of the legitimate constitutional authority of his office, which he has allowed to be stolen and diminished by Judge Greer.
Judgenfuhrer Greer: "I decide what I want.
THEN I make the "facts" fit. I'm blind anyway."
Florida - The State of Human Torture and Prolonged Starvation
Nuts.
Prayers going out.
"Dispassionate" being the operative word, as in going by the law without bias as judges are supposed to do rather than going by feelings, which they aren't.
If Terri has been gone for years, who is that smiling when her family speaks to her? Why is it she only does that when family talks to her, and no one else?
No, FRiend, she is still there. But her brain is too badly damaged for her to do anything else. No treatment will be able to bring her back, though she probably could have a slightly better life with therapy. But walk and talk ever again? Not in this lifetime.
My fight in this is whether or not she recieved justice at the hands of an incompetent judge, and a judicial system loathe to overturn a flawed, but legally defensible, ruling. It goes against the very concept of the nation to allow this to stand.
The fact that thousands of elderly and impaired people are quietly dispatched daily by a complicit medical establishment and families often eager of lightening the burden and settling the estate does not make it right.
There are thousands of murders rapes assault perpetrated every year, those are still criminal acts. The prevalence of a vicious act is no defense to its criminality.
"Your moral compass is defined by the courts?"
Certainly not. My moral compass comes from the social mores of the world. In the USA, those are expressed in our laws. The definition I gave of murder is typical of that in our laws. I can find no real fault with it.
Perhaps you have a different definition. If so, let's see it.
Mine works pretty well. Murder is the ILLEGAL killing of another human being, with malice aforethought. That exempts things like killing in the military, or by a policeman, or in self defense. The malice part is important, too, since it is a definite part of the definition of murder.
If you kill someone illegally, but without any malice, as in a car accident while you were intoxicated, then it is manslaughter, not murder.
It's a pretty good definition of murder, IMO. It's the one I use as part of my personal code of conduct. Do you have any objections to it?
Some have never stopped praising, don't ya know?
I'm done with the Bushes. They have shown themselves for what they are, pawns of Karl Rove. Savage is right.
And, you're absolutely right, they're counting on the short memories of the American public. But, once I'm turned off to a pol, I don't turn on again.
By his reasoning, if a judge says a dog is a cat, it is a cat.
Judges are not gods, but they will act like gods if we allow them to.
We are allowing it now.
Yeah, because the Nazi extermination machine is exactly the same as a husband wanting to end the suffering of his wife.
May you never be in a situation where you are left to suffer for 15 years while your family squabbles over how to deal with you.
ok, i dont think it equates.
A better example would be if someone were electrocuted slowly, or given drugs to bring them in an out of consciousness...teasing/torturing them with their death.
Sitting in a cell waiting to me is not the same.
Once, the cat let the lizard get almost to the safety of the fence only to pounce again.
Finally, the cat bit down on the lizard's spine, gave it a shake and walked away toward his feeding bowl.
No it is not "obvious" that there is anywhere near the hate on the other side. I have seen very little evidence of any from that side. The other side hates the judges, the lawyers, the President, the Governor, the doctors, the hospice, the husband, the husband's family and ANY doubters.
This case has generated unprecedented hostility and rancor at FR far surpassing anything I have seen and the damage it has caused will be long lasting particularly as the pro-Schindler group trashes anyone and everyone even those which tried to help it. This is a dream come true for the RATS.
Ah! Another Felos disciple of the death is good advocacy program.
And you call people nutcases?
I wonder how much sleep these judges have had in the last week and a half. Given the timing of the decisions, I'd bet not much.
What a joke.
IF he cared, some of the $$$$ would have gone to the "suffering" wife.
This is the 'tip of the iceberg' of what Terri and her family are up against.
Heres where Terri Schiavo Insurance money went:
These funds, the result of a malpractice suit, were meant solely to provide for Terri Schiavos care and rehabilitation.
=======================================================================================
Atty. Gwyneth Stanley - $10,668.05
Atty. Deborah Bushnell - $65,607.00
Atty. Steve Nilson - $7,404.95
Atty. Pacarek - $1,500.00
Atty. Richard Pearse (GAL) - $4,511.95
Atty. George Felos - $397,249.99
1st Union/South Trust Bank $55,459.85
Michael Schiavo - $10,929.95
Total: $545,852.34
Neglect and abuse complaints is that Michael Schiavo:
* Has not allowed therapy or rehabilitation since late 1992.
* Has prevented swallowing tests or swallowing therapy since 1993.
* Ordered caretakers not to clean Terri's teeth since 1995, resulting in removal of five teeth in April 2004.
* Placed Terri in hospice in 2000, despite the fact she is not terminally ill.
* Refuses to allow Terri to leave her room. She has not been outside since 2000.
* Ordered doctors not to treat Terri when she had a life threatening infection in 1993 and 1995.
Terri Schiavo had sustained a serious brain injury as the result of a suspicious incident in their home in 1990 and in 1992,
her husband had filed claims against several of her former doctors, claiming her collapse was caused by a misdiagnosis.
He received over $1.5 million in 1993 including $750,000 which had been specifically earmarked by the trial jury for Terris rehabilitation based on a life expectancy of 50 years.
Mary and Bob Schindler Sr., her parents, consulted a St. Petersburg attorney about removing Michael Schiavo as their daughters guardian and discussed the case at length with him.
Unfortunately, the Schindlers did not have the amount of money the attorney demanded as a retainer to take the case.
That attorney became the judge in the case-----a totally prohibited conflict of interest.
Thereafter, the attorney-judge approved the hiring of George Felos as the attorney for Schiavo to be paid from the trust fund and the stage was set for her judicial homicide.
The judge wasnt George W. Greer.
It was Mark I. Shames.
The money was then diverted to the Judicide G reer.
|
GREER DONOR |
AMOUNT |
POSITION |
ACTION |
Lawyers For |
Hamden Baskin III Felos & Felos Deborah Bushnell Gyneth S. Stanley Steven Nilsson Beth Wilson
|
$500 & $500 |
Michael Schiavos Lawyer[s] |
Greer |
|
Daniel Grieco
|
$300 |
Employer of Michael Schiavo at time of Feb. 25, 1990 then attorneyOf record for Michael up until the malpractice award, |
Incident when injuries occurred to Terri,Reappeared as attorney for selected pleadings |
State/County |
Frank Nagatani |
$50 and $50
|
DCF Attorney |
Squashed |
|
Bernie McCabe |
In-Kind |
State Attorney |
Allowed underling to appear in campaign ad for Greer |
|
Everett Rice |
$500 & In-Kind |
Sheriff/State Rep |
Didnt conduct criminal investigation into what really happened to Terri or allegations of abuse after initial incident |
|
John Carassas |
$100
|
Deputy Attorney General |
Florida Deputy Attorney General, involvement with |
|
James Hellickson
|
$150 & In Kind |
Assistant state attorney in office of Bernie McCabe, Pinellas/Pasco State Attorney |
|
|
Paula Shea |
In Kind |
Assistant Pinellas Public Defender |
Appeared in Greer Campaign Ad |
|
Andrew
|
$100 |
Officer in Guardianship monitoring program and Guardian ad litem pool |
Was supposed to: |
Misc. People w connections |
Richard La Belle
|
$100 |
Member of Board of Directors of |
Supposedly ACPD |
|
Battaglia, Ross, Disus and Wein
|
$250 |
Principal Kelli Crabb is past chairperson of Hospice Foundation of Florida Suncoast and member of Board of directors |
|
|
Gus Bilirakis
|
$40 cash |
Former Hospice Board member and of American Hellonic Education Progressive Assoc. (AHEPA) |
Felos past Governor |
|
Divito and Higham
|
$250 and $250 |
Law firm employed by St. Petersburg/Venice |
Terris Dioceses |
The Rule of Terri's Case Strikes Again. -2004- Judge Greer's crimes
Law conveniently changed by Hospice where Terri is dying
MICHAEL SCHIAVO'S lies and contradictory testimony in easy to read format
scientology_and_terri_schindler_schiavo_death_connection
Judgenfuhrer Greer: "We black-robed Mullahs are fully aware that our Fatwahs
ordering death by starvation for the handicapped
are IDENTICAL to the penalty used by the Nazis for innocent people trying to escape Auschwitz crematoria.
We shall now add 'First Night' and rape to our options. "
DOCUMENTS TYING MS's LAYWERS TO THE HOSPICE
More info on the tangled web the Florida Judiciary has woven here
Hope that helps.
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