Posted on 09/16/2003 9:43:59 PM PDT by MarMema
Time gained.
By Wesley J. Smith
September 11, 2003, was to be the beginning of the end for Terri Schindler Schiavo. Last Thursday, a judge was scheduled to order the intentional dehydration of the cognitively impaired Florida woman, at the request of her husband. Mercifully, however, the law got in the way.
Judge George W. Greer of the Sixth Judicial Circuit, in Clearwater, Florida, has repeatedly made it clear that he intends to order Terri's death by dehydration; even though her husband has refused to provide his wife any rehabilitation or therapy for more than ten years; even though renowned doctors have sworn under penalty of perjury that her condition can be improved with proper medical intervention; even though the husband who wants her dead could benefit financially and personally from her demise he plans to marry his fiancé with whom he has begun having children, but he can't while his wife is still living; even though Terri's blood family wants to care for her the rest of her life; even though a guardian ad litem for Terri recommended against the dehydration; even though Governor Jeb Bush wrote a letter requesting him to reconsider.
In a tragic irony, September 11 was supposed to be the death-ordering date. But St. Petersburg, Florida attorney Pat Anderson, attorney for Terri's family, may have struck legal gold in her and her clients' heroic struggle to save Terri's life. She may have found a legal argument that should, at least for now, prevent Terri's demise.
This is the gist of Anderson's approach:
Ending a patient's life by dehydration involves not one, but two, discreet acts:
(a) Act # 1 is removing/clamping off the feeding tube. Michael Schiavo requested, and has received, the right to this act. Alas, due to "right to die" advocacy, killing a person through intentional dehydration because they are cognitively disabled is legal.
(b) Act # 2 involves the deliberate withholding of food and water by mouth. Michael did not ask for the right to do this act.
The provision of food and water by mouth is not a medical treatment but is humane care, and thus cannot be withdrawn or withheld legally from a patient who can assimilate nutrition and hydration.
A speech pathologist, who has successfully weaned four cognitively disabled patients off of feeding tubes in the last month, testified that Terri "has a good or excellent prognosis for being able to be taken off her feeding tube."
Under Florida law, the right to rehabilitation is retained by the ward, and not delegated to the guardian.
Under Florida law, neither the guardian Michael nor the court Judge Greer has the right to harm the ward;
Absent some pre-incapacity expression by Terri to waive the basic right to food and water and the right to rehabilitative therapy, the legal rights to them must be honored and enforced. Testimony that she would not want to be maintained by "tubes" would clearly not be enough since no tubes would be involved in her care.
Terri has not been given the opportunity to receive rehabilitation or to be weaned off the feeding tube so that she can take food and water by mouth. Indeed, Michael has required that she just lay in bed for more than ten years.
Hence, while a Florida Court of Appeals ordered the removal of Terri's tube-feeding an order with which Judge Greer seems eager to comply, it cannot be done in such a way as to "harm" Terri, e.g. without giving her a chance to survive by taking food and water by mouth.
Terri should be allowed reasonable rehabilitation attempts before Judge Greer orders her dehydrated to death. Refusing this clearly humane and merciful request would be to intentionally cause Terri harm. Some might even argue that refusing Terri any chance to live would be a non-voluntary euthanasia homicide.
Judge Greer may just be listening. Rather than ordering the food tube immediately clamped as had been widely anticipated, he has taken the matter under advisement. Greer is expected to render his decision later this week.
If Pat Anderson's motion is denied, I know she will appeal. And well she should. Her approach is not a ploy to stall for time; it is a serious and credible legal argument that deserves careful consideration. During any appeal, Terri's dehydration should be put on hold until these crucial legal issues that affect each and every cognitively disabled person on a feeding tube in Florida are sorted out.
If Greer orders the dehydration to proceed without giving Terri a chance to rehabilitate, he will have demonstrated that he views her as a less than complete person. In such case, Floridians should begin to ponder their legal and political options against Judge Greer (recalling him or voting him out of office).
Now, about Governor Jeb Bush: When I recently wrote about Terri's case, I reported that Bush had received more than 27,000 e-mails and other communications demanding that he intervene to save Terri's life. I also reported that he had responded by writing a letter to Judge Greer requesting that he appoint a guardian ad litem.
Gov. Bush meanwhile has received up to 34,000 citizen communications. The governor, however, has so far refused to do more than write a letter. He continues to refuse his administration's formal intervention or make her a ward of the state or even explain why Florida law prevents him from at least trying.
Fortunately, Judge Greer's hesitation and Pat Anderson's advocacy give people concerned about Schiavo's case more time to continue pressuring Governor Bush to stand in the breach. Here's the 411:
Governor Jeb Bush
Florida Capitol Building, PL-05
Tallahassee, Florida 32399-1050
850-488-7146
850-487-2564 Fax
E-Mail: fl_governor@eog.state.fl.us
The poll is still up, and we are pulling ahead!
But since he WANTS her to die, why is that a problem?
Anyone who forces death by terminal dehydration on another human being is evil or sick.
Anyone interested in reading more about cases like these and honoring those who died this way can look at the links on my FR page.
Oh really? Then I suppose they have done an upper GI whilst a gastrinologist(sp) was feeding Terri food samples of differant varying textures? This is a NORMAL type test that is run to see just how much or how thick a substance can be tolerated.
In a message dated 10/18/2003 11:19:17 PM Eastern Daylight Time, angleena@iowatelecom.net writes:
Terri did have a swollowing test done several years ago. From what I understand, the last time she was tested was when the lawsuit was initially started several years ago.
A nurse on the AOL Message board insists that a swallowing test is REQUIRED BY LAW every 6 months if you have a feeding tube and I KNEW Terri had not been getting them,
"Human rights are not a privilege conferred by government. They are every human being's entitlement by virtue of his humanity."
- Mother Theresa ("Notable and Quotable," Wall Street Journal, 2/25/94, p. A14)
http://www.yahoogroups.com/groups/helpterri
http://www.yahoogroups.com/groups/helpterri/chat
Sunday, October 19, 2003 9:09 AM
Kangaroo courts and the Executive Power / Terri's will to live
10/18/03 -- Jeb's Emails to FR poster, summer, today, re: Terri. (And, a Message to Michael Shiavo)
Posted by pc93 to No More Gore Anymore
On News/Activism 10/19/2003 8:32 AM PDT #204 of 214
To: Lawdoc; dixiegrrl; supercat; Pegita
Rumours have been flying aroun the internet and people are getting things mixed up. This summary on one page seems to be the most accurate.
"Judge George Greer: Ruler of the Kangaroo Court set on killing Terri Schiavo. Impartial? Not in the least! Worked side by side as county commissioner with Barbara Sheen Todd (county commissioner) for eight YEARS. Barbara Sheen Todd is on the board of the hospice. Also, Judge Greer's fellow judge, Judge John Lenderman is the brother of Martha Lenderman (also on the hospice board! See the Hospice Board members! Greer accepted as the basis of his rulings, the questionable testimony of Michael Schiavo (and his family) that Terri would wish to be killed, yet Michael never stated that before he got about a Million Dollars to care for Terri forever. Greer also accepted as the basis of his rulings, the "opinion" of a third doctor who just happens to be the brother of a close associate of George Felos, right-to-kill attorney, and very significantly, former CHAIRMAN of the hospice board! If there ever was a rigged court, Judge Greer's is it!"
398 posted on 10/19/2003 4:41 AM PDT by TaxRelief
------------------------------------- -------------------------------------------
Post Reply | Private Reply | To 190 | View Replies
The war for Terri Schiavo's life- some links
Posted by pc93 to IcelandicConservative
On News/Activism 10/19/2003 8:30 AM PDT #412 of 417
Ok. Sorry. Yes she is conscious but Jeb needs to do something straightaway as she has gone without food or water since Oct. 18 at 8AM.
Jeb has the duty to uphold the laws of Florida. He has been notified that a murder is taking place in his state on his watch, to a defensless diabled person. She is being starved and dehydrated against her will, upon the false testimony that she is brain dead and wants to die. She is not either.
< IMG SRC=/images/del.gif WIDTH=12 HEIGHT=12 BORDER=0 title="Delete"> Sunday, October 19, 2003 9:00 AM
JEB PLEASE SAVE TERRI NOW
http://bellsouthpwp.net/p/c/pc93/terri_schi ndler.asf
http://www.tomeaker.com/ts/terri-cabl e.mov
http://www.apple.com/quicktime/download
TERRI HAS BEEN WITHOUT WATER AND NUTRITION SINCE
OCT. 15TH 8AM. PLEASE BESEECH JEB TO SAVE HER
AS HE IS THE ONLY ONE LEFT WHO HAS THE POWER
TO DO SO VIA EXECUTIVE ORDER.
---
----- Original Message -----
From: "Tammy Nicholas"
To:
Sent: Sunday, October 19, 2003 3:34 AM
Subject: [helpterri] Fwd: IMPORTANT UPDATE ON TERRY
And Very Important Info
>
> --- TERRISHOPE@aol.com wrote:
> > From: TERRISHOPE@aol.com
> > Date: Sun, 19 Oct 2003 03:26:35 EDT
> > Subject: IMPORTANT UPDATE ON TERRY And Very
> > Important Info
> > To: TERRISHOPE@aol.com
> >
> > Hi Everyone,
> > I have to do this ... this way, I have (many of
you
> > know this) tried to email
> > you all one on one and I just can't keep up, I am
> > losing it here. So it's a
> > MASS mail now, PLEASE bear with me. Let me try
and
> > tell you all ... all I
> > know and some other things as well. First of all,
> > there are many rumors going
> > around and they are making me mad, but I have got
to
> > ignore them because I don't
> > have TIME to waste and you know what, neither do
> > you. So if you want to
> > listen to me and believe me that''s a good thing,
> > because you will only get FACTS
> > from me, no made up BS. This isn't a game. And
if
> > I am half dead here I can
> > just imagine how all of you are holding up. You
are
> > fighting none stop, many
> > of you are putting ALL of your time and efforts
into
> > this and you are
> > AMAZING!! God bless all of you!!
> >
> > Okay now, first off... Terri as of RIGHT NOW 2 AM
> > Florida time has been
> > without food, water and any meds (meds that I am
> > aware of) for 88 hours. Her tube
> > was removed HOURS AFTER her last feeding, remember
> > she was only being fed
> > twice a day. She is still responding and aware!!!
> > She is still fighting for her
> > blessed life! "She has a will to live people!!!"
> > We have got to be her
> > voice, we just have to, it is the RIGHT thing to
do,
> > we can't give up on her, this
> > has got to be a sign to us ... how much more can
> > anyone take, her, her parents
> > and us??? I don't know, you all tell me. It is
> > said God will NOT put more
> > on you then you can bare!!! Do you believe that??
> > I think Terri's family is
> > our LIVING PROOF!
> >
> > I have been asked MANY questions about many
> > different things, a lot I can
> > tell you, some I can't and some is just simply NOT
> > important, please trust me. I
> > am in contact with the family and also someone who
> > is closer to this daily!!
> > I will NOT let you be in the dark, you guys made
Jeb
> > Bush act!! He may not
> > have done anything more then PROMISE the family
that
> > he would stop this if at
> > all possible, but WE are making him KEEP his
promise
> > now!!! Trust me, your
> > voices were hear and they were loud! None of you
> > are allowed to get a sore
> > throat now... Keep BOMBARDING Jeb Bush and
everyone
> > I send you email address's
> > to... and keep the faith. Something will happen.
> >
> > For those of you who have asked... Terri is not
> > allowed flowers, teddy bears,
> > a comfortable, soft warm socks, she is allowed
> > NOTHING! She never as had
> > flowers, cards or stuffed animals to brighten her
> > days ... her loving husband
> > Michael will NOT allow it. She is not allowed a
wet
> > wash rag on her lips. They
> > will put Vaseline on mouth. That's it folks.
> > Please read my emails ... this
> > was stated in the past, however I realize many of
> > you have just recently
> > joined this team of Angel's and I do mean ANGELS
...
> > so to those of you who are
> > new...WELCOME, God BLESS YOU and I am sorry we
have
> > too meet like this, all of
> > us.
> >
> > But do you all realize that that sweet woman who
> > even now while she lays
> > dying is bring sooo many good people together.
She
> > is STILL spreading her love,
> > the same love she spread to everyone who knew her
> > before her night of hell.
> > Terri to my knowledge (someone heard this rumor
and
> > ask me) is NOT chained to
> > her bed. She may be restrained because she may
have
> > grand Mal seizers because
> > of the lack of fluid in her system, lets pray not.
> > Which is a reason they may
> > restrain her ... but No she is not chained to the
> > bed. God bless her. :(
> > This is killing many of us too... Precious ones I
> > KNOW how you feel, all of your
> > feeling are sooo real, it hurts!
> >
> > Tomorrow morning at 10 am anyone and everyone who
> > can get up to that hell
> > hole hospice house (God please forgive me as I
know
> > Hospice does do good for
> > many, it has also helped those I've loved and lost
> > in the past) it is just THAT
> > place that has me crazy!! But anyone who can
attend
> > the protest PLEASE, PLEASE
> > go, even if only for 30 minutes, but I assure you,
> > if you go up there or down,
> > whatever the case my be, you'll want to stay for a
> > while, you just will. But
> > then it will weaken you and the feelings of
> > overwhelming sadness will make
> > you want to come home again, but d not let that
stop
> > you, PLEASE!
> >
> > As this family is horrified, grief stricken and
> > slowly dying with their
> > daughter/sister, they will STILL welcome you with
> > open arms!!!!! I promise you
> > that, find them among the crowd or in the camper
> > that is parked right there
> > across the street and tell them who you are and
tell
> > them you are with Lisa and the
> > TERRISHOPE group, They will know exactly who you
> > are, just not your name.
> > Sometimes there are 5 supporters there, sometimes
20
> > sometime 50 and sometimes
> > as many as 200. It changes constantly, but the
more
> > that go, the better. And
> > yes, people stay through the night, all night we
> > did.
> >
> > There are people from all over the world there I
> > swear to you, all the way
> > from Germany! I have met wonderful people, from
> > Colorado, Ga. Nebraska,
> > Washington, Calif. ... all over!! I was sooo
> > touched and I know you will be too...
> > All walks of life, red, yellow, black and white,
> > Jesus had all in his site!! I
> > started everyone singing God bless America,
Amazing
> > Grace, Jesus us loves us,
> > we talked, we prayed, we cried, we paced, we
yelled
> > out Bush save Terri over
> > and over to the lying media! You guys just
weren't
> > lucky enough to hear us
> > because they cut a lot of it out! We yelled out
> > many things, you just take the
> > steps and get everyone to join in ... do not be
> > afraid, someone has to get
> > people there started, but keep it peaceful! And
> > when someone is being
> > interviewed try and stay quiet. You can talk to
> > others about your feelings we all did,
> > many are full of anger, many are silent and just
> > pray and that's okay too.
> >
> > Be advised ... be very ready for someone in the
> > media to interview you,
> > there's a good chance of that, be ready to speak
up,
> > be calm and be clear that
> > Terri is NOT in a coma, that she is not a
vegetable,
> > that she is being murdered
> > and you are there because you want it stopped! Be
> > ready folks! I was
> > interviewed 5 times!! There is media there local
> > and National from all over, although
> > it has really slowed way down, BUT it will pick
back
> > up now that Voters will
> > be shredding their voters registration cards
> > tomorrow and they also will have a
> > Sunday service for Terri. Also there are MANY
> > police officers there, more
> > now then before and honestly I found them all to
be
> > very nice, just do NOT step
> > on the grass that belongs to the hell hole!!! You
> > will be confronted!
> >
> > As for Jeb Bush, YES ... he can and it is his DUTY
> > to stop this, what he has
> > said is political bull caca! HE CAN SAVE HER ...
If
> > he doesn't, I'd hate to
> > be in his shoes. HE NEEDS TO DO THIS and do it
> > YESTERDAY!!!!!!!!!! Believe
> > me, this is TRUE, he CAN do it, it is in his
power!
> > STAY ON him and the others
> > whom I email you about and don't stop fighting
until
> > we no longer have any
> > reason to fight. Then we can deal with the rest
of
> > the evil ones ... they will
> > hang!!
> >
> > Okay, I hope for right now, just for tonight, I
have
> > answered some questions
> > for all of you. I really am trying and this is
all
> > effecting me too... I just
> > want t go into the closet and hide and cover my
> > ears. I can't bare to answer
> > my phone, it scares me, Jinks cell phone rings and
> > we hold our breath with
> > worry. So please believe me, I am really doing my
> > very best to keep you
> > informed at all times about everything, but I
can't
> > tell you things that don't know
> > and I have learned already not to repeat what I
hear
> > unless I hear it from the
> > family, because everyone has a different view on
how
> > they see AND hear things.
> >
> >
> > I am so tired dear ones ... just mentally and
> > emotionally drained and the
> > clock ticks on. It is now 3 AM :( and 89 hours
for
> > Our sister Terri ... without
> > food and water. :( Please keep praying hard for
> > her. Let Jeb Bush know
> > whenever you think about it, send him the hours.
> > Don't let him or his staff
> > forget through out the days. We will get through
> > this together. I will send
> > another update tomorrow and I will do this
everyday
> > if at all possible, more often
> > if I can ... THANK YOU ALL... Tammy you too honey,
> > God loves you ... your
> > doing a great job on our message board and once
> > again for anyone who wants to
> > join the message board that Tammy and I started
(she
> > did the work, I am too dumb
> > with that stuff and it couldn't have done it
> > witrhout her) email me and I can
> > have Tammy get you started.
> >
> > I hope all of you are in bed and resting. Boy, we
> > sure made quite a team
> > here didn't we? Somehow I am not at all
surprised.
> > I PROMISE TO KEEP YOU ALL
> > POSTED with all the news good or bad as soon as I
> > know, you'll know, no matter
> > what it is. May God's Angels keep you safe and
> > surround you with "Our Saviors
> > Love" always, Lisa Pray for Terri PS here is the
> > address for the hell hole
> > hospice hose in Clearwater...
> > Hospice Woodside is located at 6774 102nd Avenue
> > North in Pinellas Park and
> > is just west of 66th Street North.
> > A group of Republican demonstrators are planning
to
> > shred their voter
> > registration cards and officially change their
party
> > affiliations in order to call
> > attention to the Governorâ?Ts refusal to intervene
> > on behalf of Terri
> > Schindler-Schiavo.
> > IF YOU WANT TO BE REMOVED FROM THIS MAILING
> > GROUP...PLEASE EMAIL ME AND TELL
> > ME...I will remove you within 48 hours and I
promise
> > No uestions asked. Also
> > if you delete UPDATES or URGENT emails from me, I
> > will remove your name from
> > the list. God bless you one and all, Lisa
> >
REFS:
Refs:
supremecourt@flcourts.org
Substantive Contacts:
Craig Waters for the Supreme Court, (850) 414-7641,
watersc@flcourts.org Brenda Johnson, for the Office of
the State Courts Administrator, (850) 922-5081,
johnsonb@flcourts.org
Executive Office of Governor, Legal Team to Jeb (ask
to speak to the following individuals):
Robert H. Fernandez (Deputy General Counsel to
Governor) -> fernanr@eog.state.fl.us
Raquel A. Rodriguez (General Counsel to Governor) ->
raquel.rodriguez@myflorida.com
Christa Calamas (Assistant General Counsel to
Governor) -> calamac@eog.state.fl.us
850 / 488-3494 (voice)
850 / 488-9810 (fax)
Jeb Bush, Governor ->
jeb@myflorida.com,jeb.bush@myflorida.com
Voice: (850)488-4441
Voice: (850)488-7146
Fax: (850)487-0801
Executive Office of the Governor
400 S. Monroe Street
The Capitol
Tallahassee, Florida 32399-0001
Ask to speak to Lauren O'Conner
Attorney General Charlie Crist -> ag@oag.state.fl.us
Office of Attorney General Charlie Crist
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Main office telephone numbers
Voice: (850)414-3990
Fax: (850)487-2564
Additional added note:
A criminal investigation needs to be conducted by John
Ashcroft. Please demand of President Bush to initiate
an investigation so that Mr. Ashcroft can get
involved:
President George W. Bush
c/o The White House
1600 Pennsylvania Ave.
N.W. Washington, D.C. 20500
Voice: (202)456-1111
Switchboard: (202)456-1414
Fax: 1 202 456 2883
TTY/TDD Comments: 202-456-6213
Visitors Office: 202-456-2121
Although you'll get an automated response, here are
the e-mails for GW and Cheney:
President George W. Bush: president@whitehouse.gov
Vice President Richard Cheney:
vice.president@whitehouse.gov
Fax: 1 202 456 2710
United States Attorney General John Ashcroft:
(AskDOJ@usdoj.gov)
Fax:202/514-1009
NOTE: Free faxing for entire Washington D.C. area:
www.tpc.int/sendfax.html
Format of number to input is:
(ex. Pres. U.S. [POTUS]) -> 1 202 456 2461
(ex. Ashcroft) -> 1 202 514 1009
Vice Pres. Dick Cheney 1 202 456 2710
U.S. Senator John W Warner
1 202 224 6295
U.S. Senator Bob Graham
1 202 224 2237
House Representative Corrine Brown
1 202 225 2256
House Representative Henry Hyde
1 202 225 1166
etc.
U.S. Senate:
http://www.senate.gov/general/contact_informat ion/senators_cfm.cfm
Saturday, October 18, 2003 5:29 PM
People needed at Hospice Woodside, and also in Wash. DC. at the Whitehouse at 3PM
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.