Florida AG intervenes in Schiavo lawsuit [Crist CHOOSES DEATH. What "Right to refuse" for Terri?]

World Net Daily ^ | Oct. 4, 2003 | Sarah Foster

[Ragtime Cowgirl]

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MATTERS OF LIFE AND DEATH
Florida AG intervenes in Schiavo lawsuit
Disabled woman to be starved to death by court order

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Posted: October 4, 2003
1:00 a.m. Eastern

By Sarah Foster
© 2003 WorldNetDaily.com

At the invitation of a federal judge, Florida Attorney General Charlie Crist has intervened in a federal lawsuit filed last month by the parents of Terri Schindler-Schiavo, the 39-year-old brain-disabled woman whose husband and legal guardian Michael Schiavo is determined to end her life by court-ordered starvation.

Terri Schindler-Schiavo before her disability.

On Sept. 22, Robert and Mary Schindler of Gulf Port, Fla., sued their son-in-law in federal court to block the Oct. 15 removal of the feeding tube that is keeping their daughter alive.

The following day, U.S. District Judge Richard A. Lazzara in a brief order set a date of Oct. 10 to hear arguments by the Schindlers and their attorney, Pat Anderson, regarding alleged violations of Terri's civil rights and invited Crist to represent the state's interests in the case.

''The constitutionality of a statute of the State of Florida affecting the public interest is drawn into question in this case,'' Lazzara wrote. Consequently, the attorney general would be permitted to intervene if he wanted to present evidence regarding the constitutionality of Chapter 765, the state's Health Care Advance Directives law, which establishes guidelines for discontinuing life-prolonging measures.

In a 19-page, friend-of-the-court brief filed yesterday in U.S. District Court in Tampa, Crist defended the constitutionality of the state law and ''the right of severely incapacitated people to refuse artificial, life-prolonging measures'' – an issue at the heart of the case.

Crist said the Schindlers had not made a ''persuasive case'' that the Florida statutes that provide ''a mechanism through which the profoundly incapacitated can exercise their constitutional right to refuse life-prolonging treatment'' are unconstitutional.

However, he declined to become further involved.

''The attorney general takes no position on the merits of the action or on what should be done in this tragic case, and appears for the limited purpose of defending the statute as constitutional,'' he said.

Crist's decision to intervene is the latest twist in the legal battle the Schindlers are fighting to protect their daughter's right to life against Schiavo's determination to end it. In their lawsuit, they're challenging the constitutionality of Florida statutes and charging that Terri's civil rights have been violated both in the courts and by the way she was cared for at the nursing homes and the hospice where she has been residing for three years.

They are further alleging a conspiracy between Schiavo and probate Judge George Greer, of the Pinellas-Pasco Circuit Court, who has presided over the case almost from its beginning.

Probate Judge George Greer (Photo: Bay News 9)

As WorldNetDaily reported, Terri's parents have been fighting with their son-in-law for 10 years over the lack of care and therapy he has provided their daughter, who suffered massive brain damage when she collapsed at her home 13 years ago under still-unexplained circumstances at the age of 26.

The contentious family dispute escalated into a major euthanasia battle in 1998 when Schiavo sought court permission to remove her feeding tube, insisting she is in a ''persistent vegetative state'' and that in casual conversations years ago, she had told him she would not want to be kept alive ''artificially.'' Although she breathes on her own and maintains her own blood pressure, she requires a simple tube into her abdomen to her stomach for nourishment and hydration.

Schiavo claims he is only doing what Terri would want him to do. He says she wouldn't want to live in the condition she's in.

But Terri's parents and siblings have claimed for years that Terri recognizes them and tries to communicate, and over a dozen prominent doctors and therapists have sworn in testimony and affidavits that she could be rehabilitated if allowed to receive therapy, while a handful of doctors have testified she is ''vegetative'' or ''comatose'' and will never regain consciousness. Nonetheless, despite a scarcity of expert testimony and evidence for Schiavo's position, Judge Greer and Florida's appellate courts have consistently sided with him and his attorney, George Felos, the well-known ''right-to-die'' advocate.

In late August, in a unanimous ruling the seven-member Florida Supreme Court washed its hands of the matter by turning down an appeal by the Schindlers to review the case. The court's refusal to become involved cleared the way for Schiavo to starve his wife.

On Sept. 17, Judge Greer set the cut-off date for Oct. 15.

The question now is whether Judge Lazzara will agree the case belongs under federal jurisdiction and issue an injunction against removal of Terri's feeding tube.

Attorney Pat Anderson declined to comment.

40,000 signatures

Terri's supporters expressed mixed feelings towards Crist's intervention. They're glad he is limiting his involvement in the federal case to one of interpreting the constitutionality of the statutes. But they regret he has not done something to help Terri, especially in light of the outpouring of support for the vulnerable woman.

For over two months, people from across the country and around the world have been signing the Internet petition form posted on the family's website, urging Gov. Jeb Bush to stop the legal proceedings until a full investigation is made into the case, looking particularly at how a young wife suddenly became incapacitated in the wee hours of the morning back in 1990. This would necessarily involve the attorney general.

To date over 40,000 people have signed the petition.

''40,000 signatures – that's a lotta meatballs,'' exclaimed Pamela Hennessey, the volunteer spokesperson for the family.

And according to Hennessey, that's only part of the total.

''40,000 petitions are what we know of,'' she explained. ''People are e-mailing, faxing and phoning the governor's office, the state attorney's office, as well as the attorney general of the state of Florida, asking them to intervene in this case and at the very least to investigate what the Schindler family believe are severe abuses against Terri – and that includes sequestering her from her civil and human rights.

"As far as we know that hasn't happened yet and people are insistent that it happen," she said.

Hennessey said she finds it ironic and tragic that Florida officials were willing to act quickly to stop the on-stage suicide of a participant at a rock concert, yet have offered no help for a disabled woman.

''Within eight days time, the county commissioners, the city of St. Petersburg, everybody mobilized to make sure this [the suicide] wouldn't happen,'' she said. ''And it was this guy's choice. He intends to take his own life. He's making that choice on his own, and they mobilized in eight days to stop him. Eight days. They passed a law to try to prevent it, and in five years time they can't get their act together to look after Terri and it is not her choice to die – it's her husband's choice.

''What does that tell you about priorities in Florida?'' she exclaimed.

Recently filed legal documents and information on Terri's fight for life are posted on the family's website.

Previous stories

12 days left for Schindler-Schiavo

Order signed for starvation of disabled woman

Disabled woman wins reprieve

Another 9-11 date with death

Federal judge considers Schiavo case

Federal Court grants emergency hearing in Schiavo case

Attorney: Jeb Bush letter only a 'good first step'

Gov. Bush's plea for Schindler-Schiavo rejected

Jeb Bush intervenes for Schindler-Schiavo

Legal setbacks clear way for Schiavo starvation

Schindler-Schiavo on 'death row'

Husband bars priest from brain-damaged wife

Brain-damaged woman hospitalized

Fight for life bombshell: Terri trying to talk

Petition drive launched for Terri Schiavo

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Sarah Foster is a staff reporter for WorldNetDaily.

[Robert Drobot]

Exit Bags and Gas - Should Hemlock’s Caring Friends be shut down?

[syriacus]

May God surround Terri with a hedge of protection from those that would snuff out her life.!!

Amen.

[MHGinTN]

You offered, "If there is any doubt as to whether Terri would want this ..." Lady, there is every reason to believe Michael Schiavo represented the exact opposite desire of Terri, when he sued and testified in court that he was seeking malpractice compensation in order to take care of Terri 'for the rest of her life'. What is evident is, Judge Greer is a corrupt judge who has ignored and purposely suppressed any and all data that would prevent him from making his favorable rulings supporting Michael's false wishes against Terri's right to LIFE. Let's look more closely at that assertion, because it is a serious accusation.

1) Michael Schiavo won a malpractice suit against Terri's Ob/Gyn, pleading he needed massive amounts of money to care for Terri for the rest of her life. That is clear evidence of prior disposition of Terri's wishes and Michael's sworn intentions toward Terri. Judge Greer has preniciously ignored that evidence in order to rule for the state authorized execution of Terri by starvation/dehydration.

2) Michael Schiavo, having avowed his intentions to care for Terri for the rest of her life and pleading he needed massive amounts of cash to do that for the long duration, petitioned Judge Greer to allow him (Michael) to drain Terri's trust funds set aside for her rehabilitation ($750,000, untouched to pay for any rehabilitation efforts toward Terri's welfare). Judge Greer grants that petition and seals the ruling, to prevent public discovery of his illegal/unjust ruling.

3) Michael Schiavo petitioned the court, to be appointed as Terri's Guardian ad litum after removing Pease from that position. Judge Greer granted that request and has upheld that grant, disregarding Michael's gross conflicts of interest (such as Michael cohabiting with another woman with whom he has sired one child and has another 'on the way', all while remining legally married to Terri; such as Michael remaining the sole inheritor of any funds left in Terri's name when the 'death' occurs), and in fact SUPPRESSING any evidence (such as caregiver nurse testimony and physical evidence of previous abuse and Michael's forced isolation of Terri) that would call Michael's fitness into question!

4) Judge Greer has consciously/willfully failed in his judicial responsibility to hold Michael Schiavo to the same minimal standards of reporting to the court regarding the disposition of the disabled person's care, maintenance, and financial records. This simple failure amounts to Judge Greer failing in his guardianship responsibility as required of him by Florida law since he has responsiblity of OVERSIGHT!

5) There are tenuous (so far) connections between Judge Greer and Atty George Felos, the attoney whom Greer favored unjustly by granting Michael Schiavo the right to raid Terri's rehab funds in order to pay George Felos in his efforts representing MICHAEL seeking to execute Terri via dehydration and starvation!

Those are but five points of injustice this ol' non-lawyer, common man can see glaring blatantly but apparently ignored by Atty Gen Crist and the legal system in Florida. I ask, 'Who the hell has oversight responsibiulity for the unjust judges in the state of Flordia?... If it is not the responsibility of someone to maintain a minimum of justice in Flordia, who under God's sky would want to live in such a lawless state run by such a feckless elected administration?'

[iowamomforfreedom]

Actually, there was a complaint filed with the FLA DCF. This is from the petition to Gov. Jeb Bush:

We also request that you review the -heavily guarded- Department of Children and Families (DCF) sealed investigation report. It contains the agency’s findings in response to a formal complaint filed of alleged abuses Terri suffered at the hands of her husband and guardian, Michael Schiavo.

I know that I also read something about this in one of the articles about Terri. As I recall it was a rather lengthy report, but the DCF decided there was no reason to take action. I can't seem to find the article now, but I remember when I read it it said how many pages long it was, and I thought it was a LOT of pages for there to be NOTHING worth investigating there.

Of course, seems to me the FLA DCF has been in the news quite a bit over the last few years with all kinds of screw-ups and problems, haven't they?

[Ragtime Cowgirl]

Thank you.

[iowamomforfreedom]

Crist's office has said no record can be found of anyone filing an abuse report regarding Terri's plight. If even one such record exists, the Atty Gen office could step in on that grounds, regardless of how the report was dealt with or the conclusion reached!

Yes! I read that as well! See my post #64. Either he is lying or this is ANOTHER example of a major screw-up. As I have said before, what the heck is going on down there?!!

[MHGinTN]

The DCF was asked to investigate possible abuse of Terri prior to her collapse. I'm referring to any reports/requests addressing Michael's abuse of his WARD, since he's been appointed her guardian and has neglected her care and rehabilitation.

[pc93]

Neither the Pinellas County Sheriff's Office nor local law enforcement agencies have received or investigated any reports of abuse of Mrs. Schiavo.

[Fact: From Affidavit of Patricia Fields Anderson, Esq. dated September 8th, 2003.
17. On Sunday morning, August 31, 2003, still concerned about the ward's condition, I spoke with Everett Rice, Sheriff of Pinellas County, about the events described above and e-mailed him copies of the affidavits from the caregivers described in Paragraph 3 above. I asked him to take whatever action, as the county's chief law enforcement officer, he felt was appropriate under the circumstances.]

[Alamo-Girl]

Thanks for the heads up!

[MHGinTN]

There is a chain of reporting/filing of a complaint. According to Crist's office, that has not been utilized.

[lakey]

Good points but, to my knowledge, they are not within Crist or Jeb's authority. These complaints should be sent by all of us to the Florida Judicial Review Board.

[lakey]

COMPLAINTS AGAINST JUDGES

Any complaint against a judge should be reported to the Courts Administrator, who will in turn report the complaint to the Chief Judge. Such complaint will be investigated following a procedure established by the Chief Judge. Such procedure may include, but is not limited to:

1. Appointment of an independent person to investigate the complaint and report findings to the appointing judge.

2. Referral to a courp-appointed individual or group of individuals for investigation as discussed in paragraph "A" above.

3. A meeting between the involved parties and the Chief Judge in an attempt to informally resolve the complaint. This procedure would be utilized only if mutually acceptable to all involved persons. The Chief Judge or the individuals involved may recommend formal alternative dispute resolution utilizing a court-certified arbitrator as a method for resolving the complaint. Alternative dispute resolution may be initiated at any stage of grievance resolution.

Referral to the Judicial Qualifications Commission.

Upon completion of any investiigation, the Chief Judge shall make a determination based thereon and shall take appropriate corrective action, which may include referral to an appropriate outside agency. _________________________________________________________

Can you imagine a few wide eyes when hundreds, perhaps thousands, of letters begin arriving this week?

I'm not sure of the proper address - will have to search for a better one later today. In the meantime, or if any of you can find it:

The Administrative Office of Courts, Sixth Judicial Circuit, St. Petersburg, Pinellas County, Florida

[MHGinTN]

"Good points but, to my knowledge, they are not within Crist or Jeb's authority." I'm sorry to have to write this because I do like Jeb as Governor ... or did until I saw this sludge being allowed to poison Florida, a state I would not set foot in now or allow any family member to set foot in. The oversight of the state agencies is precisely the responsibility of the administration in power in Florida. Jeb Bush is the the governor and Crist is his atty gen.

[windchime]

Thanks for the link!

[lakey]

A month or two ago, I wrote to Jeb & Crist, demanding an investigation, thinking as you that this is their responsibility.

As far as I've ever seen, though, unless the proper procedures, channels, are followed to a T, like A B & C, complaints get nowhere. That's not to say that a bombardment of letters, etc., will not get their attention & force them to act on Terri's behalf. Stranger things have happened.

However, to keep me from getting my hopes too high, only to have them dashed, my CEO continually reminds me that, "If you think lawyers have big egos, judges are far worse. And it's all a mutual admiration society."

I certainly do think we should leave no stone unturned. And just because some of us may think "running with the ball" in one direction will produce nil results, try it anyway.

[lakey]

That DCF investigation report really is sealed from prying eyes. Nothing for Terri on the state site. But more searching, an article by WorldNetDaily came up, dated August 2, 2003.

I am having a terrible time finding zip codes & addresses to go with names - with the exception of:

David A. Demers, Chief Judge (not Justice)

545 First Avenue North, Room 400

St. Petersburg, Florida 33701 (727) 582-7882

The person to contact with complaints about Judge Greer, is, I believe, the State of Florida Courts Administrator, J. William Lockhart, who forwards valid ones to Demers. I think he is located in Tallahassee.

So far, though, all I've found is the address of the Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida 32399.

Sorry this is incomplete information.

[iowamomforfreedom]

Jeb steps up to the plate!

See this post: http://www.freerepublic.com/focus/news/986663/posts?page=1222#1222

[pc93]

WOULD YOU VOTE FOR A KILLER?

Governor of Florida Jeb Bush's Amicus Curiae (Friend of the Court) wasn't convincing enough to stop the Death Order of Terri Schindler Schiavo at the hands of Judge Greer who represents(?) the State of Florida. Husband Michael Schiavo will most likely spend the time, while Terri is facing death, with pregnant girlfriend of 7 years Jodi Centonzi and their child. Perhaps they both will be thinking of how much money might still be left in Terri's rehabilitation fund of $750,000 (which wasn't spent on Terri's rehabilitation which was promised) and most of which was spent by the husband (Michael Schiavo) to pay Attorney George Felos ($550,000 according to the court records) to help expedite Terri's state sanctioned murder (based on on highly questionable hearsay evidence).

If you are concerned, there is not much more time (Oct. 15th at 2PM) to help Terri Schindler Schiavo get the actual
rehabilitation stipulated to the jury in the Nov. 1992 medical malpractice lawsuit.

Governor of Florida Jeb Bush (Executive Office of Governor Fax: 850-488-9810, jeb@myflorida.com) acted as Amicus of the court in this case. Unfortunately, what Terri Schindler Schiavo immediately needs is an honest Amicus to act on her behalf to halt the execution!!!

WOULD YOU VOTE TO KILL HER?

Governor Jeb Bush (Executive Office of Governor Fax: 850-488-9810, jeb@myflorida.com) would like to get your vote.

Please fax, phone, e-mail, and write Florida Governor Jeb Bush, your representatives, the media, your friends and neighbors to help get this message out as often as you can!!!

[pc93]

TERRI SCHINDLER SCHIAVO CALLING ALL FREEPERS Pt2 Disabled FL woman given Death Sentence by FL Courts

Posted by pc93 to pc93
On News/Activism 10/15/2003 9:19 AM PDT #2,431 of 2,431

Lauren doesn't call me back even though she says in her Audix that she will. This is the integrity of Jeb's office.

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Post Reply | Private Reply | To 2,430 | View Replies

TERRI SCHINDLER SCHIAVO CALLING ALL FREEPERS Pt2 Disabled FL woman given Death Sentence by FL Courts

Posted by pc93 to Velveeta
On News/Activism 10/15/2003 9:13 AM PDT #2,430 of 2,431

Also if you get through the Lauren O'Conner or Christa Calamas or ask for anyone on Jeb's legal team then ask them why in the world they would want to be complicit in murder considering the documented improprities in the case-- because that is what they are going to be if they do not bring a halt to Terri's tube removal and subsequent forced dehydration and starvation (this is a State action not a judicial action). Jeb represents the State of Florida and he better the hell know that he has the right and power to stop this.

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Post Reply | Private Reply | To 2,429 | View Replies

TERRI SCHINDLER SCHIAVO CALLING ALL FREEPERS Pt2 Disabled FL woman given Death Sentence by FL Courts

Posted by Velveeta to pc93
On News/Activism 10/15/2003 9:09 AM PDT #2,429 of 2,431

I did fax and have tried calling but the phone signals busy. I just tried calling again a few minutes ago and will continue to keep trying!

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TERRI SCHINDLER SCHIAVO CALLING ALL FREEPERS Pt2 Disabled FL woman given Death Sentence by FL Courts

Posted by pc93 to JulieRNR21
On News/Activism 10/15/2003 9:04 AM PDT #2,427 of 2,431

If you can fax the petition to Jeb as well that would be good.

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TERRI SCHINDLER SCHIAVO CALLING ALL FREEPERS Pt2 Disabled FL woman given Death Sentence by FL Courts

Posted by pc93 to Velveeta
On News/Activism 10/15/2003 8:43 AM PDT #2,423 of 2,431

You can do that but why not also call and fax them:

All,

Please call Jeb's Office at 850-488-4441 and ask to speak to Lauren O'Conner (Aide to Governor Bush).
Let her know that by Jeb's own admission in his Amicus Memorandum that Terri is being denied due process.
Let her know that Jeb as Governor has an obligation to step in and bring a halt to Terri's execution.
Among other things ask that Terri be:

given "Foster Care" custody status based on reports of abuse and
neglect filed on Terri's behalf" in adult protective services.

that Terri be made a Ward of the State.

that Jeb should step in where there is obvious blatant criminality in this case.. criminal negligence in his
own words by the courts, etc.

Do not stop calling.

Please spread the message!

P.S. Please do the same asking to speak to Christa Calamas to relate the same. Ask her why if their are so many criminal improprieties in the case that Jeb refuses to suspend Judge Greer or call a halt to this and that a criminal investigation begun, etc. ask them why her and her legal team are not for true justice in this case and why they are not enforcing the laws against criminal behaviour.

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WOULD YOU VOTE FOR A KILLER?

Governor of Florida Jeb Bush's Amicus Curiae (Friend of the Court)
wasn't convincing enough to stop the Death Order of Terri Schindler
Schiavo at the hands of Judge Greer who represents the State of
Florida. Husband Michael Schiavo will most likely spend the time,
while Terri is facing death, with pregnant girlfriend of 7 years
Jodi Centonzi and their child. Perhaps they both will be thinking of
how much money might still be left in Terri's rehabilitation fund of
$750,000 (which wasn't spent on Terri's rehabilitation which was
promised) and most of which was spent by the husband (Michael
Schiavo) to pay Attorney George Felos ($550,000 according to the
court records) to help expedite Terri's state sanctioned murder
(based on on highly questionable hearsay evidence).

If you are concerned, there is not much more time (Oct. 15th at 2PM)
to help Terri Schindler Schiavo get the actual
rehabilitation stipulated to the jury in the Nov. 1992 medical
malpractice lawsuit.

Governor of Florida Jeb Bush (Executive Office of Governor Fax: 850-
488-9810, jeb@myflorida.com) acted as Amicus of the court in this
case. Unfortunately, what Terri Schindler Schiavo immediately needs
is an honest Amicus to act on her behalf to halt the execution!!!

WOULD YOU VOTE TO KILL HER?

Governor Jeb Bush -> Executive Office of Governor Fax: 850-488-9810
<- jeb@myflorida.com would like to get your vote.
Voice: 1-850-488-7146
Fax: 1-850-487-0801

Please fax, phone, e-mail, and write Florida Governor Jeb Bush, your
representatives, the media, your friends and neighbors to help get
this message out as often as you can!!!

Ask him why he never answered e-mail, voice and faxed letters anent
him convening a special session in the legislature to stop Terri's
execution by revising the laws to protect against this madness. IT'S
UP TO GOVERNOR BUSH TO CALL AN EMERGENCY SESSION TO GET TERRI AN
INDEPENDENT GUARDIAN AD LITEM.

Ask Jeb why he hasn't suspended Greer for his improprieties.

Ask Jeb how is it that while he knows the actions he can take he
isn't taking them!

1) Taking judicial action,

Jeb's sworn duty in Article IV Executive, Section 1. Governor, "(b)
The governor may initiate judicial proceedings in the name of the
state against any executive or administrative state, county or
municipal officer to enforce compliance with any duty or restrain
any unauthorized act."

by:
A) Filing with the Supreme Court and or the Legislature a Motion for
a STAY on all currently in play judicial proceedings having anything
to do with the discontinuance of Life or having a resulting
expectation of death. The people involved should by executive order,
etc. be ordered to deliver and insure that ALL rights (including
right to food and water, etc.) and retained rights of those involved
are afforded.

B) Filing a Motion in the appropriate venue to effect a Moratorium
on the entire judicial branches ability to receive, open, or proceed
with a case in which the petitioning of the discontinuance of life
support or facilitation of intentional dehydration/starvation is
desired by anyone.

C) Establish a commission that is at least 2/3 comprised of the
public and includes members of the Terri Schiavo supporters main
group to have fact finding powers and give a report to the Governor
and Legislature on the extent of the merchants of death's subversive
methods as is unlawful pursuant to FS 876.22 through FS 876.31. To
give recommendation of the legislation needed to repair, fix and
provide future constitutional protection of every citizens Right To
Life. The President and the Popes "Culture of Life Initiative" in
essence.

D) Initiate a criminal investigation into what happened to Terri
Schiavo and bring charges and full prosecution of all the principal
perpetrators and accomplices as a societal message to all those who
are approached or succumb to the unlawful merchants of death. Any
investigation should encompass the entire history of events from
before her injury incident in 1990 through the present which
continues daily as THE atrocity of humanity. Many involved in the
fight to do what the state is required to do, protect its people
from abuse, neglect and exploitation - the "legal civil murder" as
will become the precedent (if something isn't done to save Terri) -
have uncovered 1000s of evidentiary details that will be of great
assistance to fixing the damage and repairing with greater
shielding, the Right To Life, by writing out the methods that have
become the Death Merchants tools and pathways to TAKING the Lives
and Assets of this State's vulnerable.

[pc93]

BREAKING NEWS!!!

Please see terrisfight.org immediately for the documents which prove that Jeb has the right, power, and obligation to stop what is happening to Terri Schindler Schiavo right now. This information cannot be ignored. This is breaking news! Please spread the word as far and wide as possible!