Terri shiavo is being murdered before my eyes!!!!!!!

personal exoerience | 10/19/2003 | Tammy

[pollywog]

This case has in fact been litigated for 6 years or more in a number of courts and before several judges.

And in the Florida courts, as in the 2000 elections, that would be equivelant to a " long football game"!!!

[RedBloodedAmerican]

pssst...I bet Michael is an evil joooooo....

[pickyourpoison]

The judge sent Jeb a message. I, a judge have more power than the you. He slapped him bigtime and never even put a finger on him.
Maybe we should just put the judges in charge of the states and quit spending our tax money on these other positions. Apparently it's a waste of our time and money to have these elections.

[pollywog]

It's the judge, not Jeb, that has control of this situation

and who has authority over the "Judge" if HE violates the LAW??

[RedBloodedAmerican]

It's sad that they are trying to make this case political

Really? Funny, I see people who claim if Jeb doesn't do something, they won't vote for him.

Could you please provide the laws that More (a legal firm in Michigan) referenced (BTW there is only 1 "o" in More) for Jeb (a Governor in Florida) since you are so sure Jeb can do something? Surely you aren't basing your claim on a paragraph on a website without proof. Also, help me find where Jeb says he consulted them. Not doubting he did, I just can't find it. Thanks.

Also, what legal rights does a Governor have over courts?

[tutstar]

works for me!

[SwordofTruth]

Read this PDF file and then tell me that Jeb Bush has no authority to act here. He solicited this advice from them, now he is ignoring it.

From Thomas Moore Law Center document1

[RedBloodedAmerican]

The Florida Supreme Court, ultimately. I wasn't aware Jeb was on it. See? He DID win Florida for George in 2000! I just knew it!

[tutstar]

http://www.terrisfight.org/lead.htm
about halfway down the page you'll see the links for them, they've been posted on several threads but there are so many threads now I guess it would be easy to miss.

Sean Hannity even mentioned it Thurs. night, and that he had contacted the Gov office for a response and Gov Bush has said or done nothing!!!

[tutstar]

MEMORANDUM





TO: CHRISTA CALAMAS



FROM: HERBERT W. TITUS, ATTORNEY-AT-LAW

TROY A. TITUS, P.C.

2400 CAROLINA ROAD

CHESAPEAKE, VIRGINIA 23322



SUBJECT: TERRI SCHINDLER-SCHIAVO



DATE: OCTOBER 15, 2003



In response to a request, this memorandum is submitted addressing whether the governor of the State of Florida has the constitutional power to stop a Florida court order conferring upon the husband of Terri Schindler-Schiavo the sole discretionary power to disconnect his brain-disabled wife’s feeding tube. Not only does the governor have such power, but the governor has a constitutional duty to prevent any action taken pursuant to such a court order, because such action would violate Ms. Schindler-Shiavo’s constitutionally guaranteed “inalienable right to enjoy and defend life” regardless of her “physical disability” as secured by Article I, Section 2 of the Florida State Constitution.




According to Article I, Section 2, “[a]ll natural persons, female and male alike, are equal before the law, and have inalienable rights, among which are the right to enjoy and defend life ....” Additionally, Article I, Section 2 provides that “no person shall be deprived of any right [including the right to enjoy life] because of ... physical disability.” According to Article IV, Section 1, “the supreme executive power” of the state of Florida is vested in the “governor ... who shall take care that the laws be faithfully executed.” Thus, the governor has the power, indeed the duty, to ensure that this constitutional guarantee of the “inalienable right ... to enjoy and defend life,” regardless of physical disability, is preserved.

In the exercise of this his “take care” powers, the governor is not bound by a court order, such as the one in the Schindler-Schiavo case, when that court order is inconsistent with the actual constitutional guarantee. As President Andrew Jackson once observed, judicial “precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power.” This observation is especially significant in determining the scope of the constitutional powers of the office of governor, a separate and independent branch from the judiciary. Again, as President Jackson put it, the chief executive officer of a government is bound by his oath of office to decide matters of constitutional right and power according to the executive’s interpretation of the constitution, not according to the judiciary’s interpretation. Therefore, if the governor believes that Ms. Schindler-Schiavo has the constitutional right to “enjoy life” regardless of her present disability, as he has stated in filings submitted to the courts, then the governor is duty bound to stop any action taken pursuant to that unconstitutional order that would result in the deprivation of Ms. Schindler-Shiavo’s constitutional right to life.




Such executive intervention into the judicial processes does not violate the separation of powers. To the contrary, as Alexander Hamilton stated in Federalist No. 78, the exercise of judicial power is subject to the check and balance of the executive branch which, alone, has the power to enforce a judicial order. Thus, if a court order is contrary to the law of the inalienable right to life — as the order in the Schindler-Schiavo case surely is — then according to Article IV, Section 1 of the Florida Constitution, the governor, vested with the “supreme executive power,” should intervene to stop any action taken puruant to that court order. After all, as the great English legal authority — Sir William Blackstone stated — a court opinion or order and the law are not the same thing, in that a court opinion or order may be contrary to law, and therefore, not law at all. I W. Blackstone, Commentaries on the Laws of England 71 (Univ. Chi. Facs. Ed: 1765). If the governor allows a court order granting discretion to one person to decide for another person whether the latter person lives or dies to go unchallenged, then he would fail to “take care” that the “law” of the equal right to life, as secured by Article I, Section 2 of the Florida Constitution even for the physically disabled,” is “faithfully executed.”

[tutstar]

John B. Thompson, Attorney

1172 South Dixie Highway, Suite 111

Coral Gables, Florida 33146-2750



October 16, 2003



The Honorable Jeb Bush
Governor, State of Florida
C/o Governor's General Counsel,
The Capitol
Tallahassee, Florida Via Fax to 850-488-98

Re: Execution of Terri Schiavo is “Cruel and Unusual Punishment”



Dear Governor Bush:



I have been asked by the family of Terri Schiavo to do what I can to save her life in light of your request yesterday for assistance from legal counsel inside and outside your Administration toward that end.



Governor, you have the power, by the mere stroke of a pen, to prohibit what is, in every sense, the execution of Terri Schiavo by a means that is both cruel and unusual in violation of Article I, Section 17 of the Florida Constitution and the Eighth Amendment to the United States Constitution.



Death by dehydration and starvation is arguably the most brutal, inhumane, and pain-inducing way to kill any living creature. The United States Department of Agriculture in its own regulations at 9CFR2.131 prohibits the withholding of food and water from farm animals. Terri Schiavo is not less than a farm animal.



If you, as Governor, were to order the execution of a serial killer on death row by means of withholding food and water, you would be ordered by any number of courts not to do so. The horror of dying by dehydration makes death by electric chair, by comparison, an act of compassion.



The fact that this woman is neither accused nor convicted of any crime makes absolutely no difference. In fact, the lack of criminality makes the execution even more cruel and unusual, for a criminal sanction is being imposed upon an innocent woman.



You have the power and the duty, under both the Florida and United States Constitutions, which you took an oath to uphold, to enter an Executive Order, today, to prohibit the imposition of any cruel and unusual punishment in this State. Upon entering such an Order, you then have the power, right, and duty to give force to that order by dispatching state law enforcement officials to take custody of Terri Schiavo and stop her forced starvation and dehydration.



Governor Bush, you do not need a court order to do any of this. No court at any level has the power to revoke the Florida and United States Constitutions. They cannot revoke your oath of office. You are an enthusiast of the James Madison Institute, and as such you know that the Executive branch of government is co-equal with the other two branches. No judge has the power to elevate the judicial branch over the executive branch thereby abrogating your state and federal constitutional duties and powers.



On behalf of the family of this innocent woman, and with all respect for the responsibilities of your office, we ask that you act immediately.



Respectfully,





Jack Thompson

[tutstar]

To: Christa Calamas, Esq.

From: Brian Fahling, Esq.

Re: Authority of Governor Bush to Issue Executive Order

Date: October 16, 2003





Question 1: Does Governor Bush have authority to issue an executive order pursuant to Section 943.04(2)(a), Florida Statutes (2002) to order the Department of Criminal Justice Investigations and Forensic Science to conduct an investigation of an alleged violation of Section 782.08 Florida Statutes (assisted suicide)?



Question 2: Would such an order under the circumstances of the present case constitute an intrusion of the executive branch into, or create a conflict with, the lawful authority of the judicial branch?





DISCUSSION



I. Authority To Issue Executive Order



The governor of the State of Florida possesses authority under the Florida Constitution, Article IV, Section 1(a), to see that the laws are faithfully executed. Section 943.04 authorizes the governor, upon written order, to direct the Department of Criminal Justice Investigations and Forensic Science (“Department”) to “investigate violations of any of the criminal laws of the state.” In Thompson v. State, 342 So.2d 52 (Fla. 1976), the Florida Supreme Court upheld the authority given to the governor under Section 943.04, saying “[t]he power to see that laws are faithfully executed, which is essentially what Chapter 943 is designed to achieve, derives from Article IV, Section 1(a) of the Florida Constitution.” Thompson at 55.



The brief filed by the Governor in the Middle District of Florida sets forth significant reasons to believe that Section 782.02 is being violated because “Terri’s right to life is violated by the state when the state, acting as her guardian, assumes that her wish to live without artificial sustenance is the same as a wish not to be fed at all. The state has an ‘unqualified’ interest in life.” Brief at 5. Moreover, Terri is being denied oral sustenance, which creates “an unnecessary conflict with Florida Statutory law by implying that physicians may cooperate with a person’s alleged express wish not to feed herself . . . .” Id. at p. 6. A denial of Terri’s right to life under these circumstances, it appears, results in a violation of Section 782.08.



The laws of the State of Florida, then, as set forth in the Governor’s brief, are not being faithfully executed. The authority of the governor to issue an executive order in this case is consonant with his duty to see that the laws are faithfully executed.





II. An Executive Order Does Not Impugn the Authority of the Court



The trial court order merely authorized Terri’s husband to direct that oral sustenance be denied her. An executive order that orders an investigation in this matter, with the concomitant appropriate actions that would be taken if a violation of Section 782.08 is found, does nothing to impugn the authority of the court. The executive order would ultimately operate only upon the husband’s decision which he is merely permitted to make. It is interference with private discretion, not with judicial authority. If the consequences of the husband’s exercise of discretion are determined to result in the unlawful taking of life, it is entirely appropriate that such actions be interdicted by law enforcement at the direction of the governor.

[deannadurbin]

>>Terry has NOT left the building.

What an awkward phrase too that that poster used.

The reality is if Terri COULD leave that building, the hospice, she would survive.

Actually we should stop calling it a hospice. A real hospice would never have accepted Terri as a patient in the first place because she was not terminal.

[tutstar]

Common Good Foundation

Legal Defense Fund

448 Viking Drive, Suite 370

Virginia Beach, Virginia 23452 Office of the President

___________________________________________________________________



October 15, 2003



TO: Governor Jeb Bush

FROM: Keith Fournier, Attorney-at-Law

Common Good Foundation Legal Defense Fund





MEMORANDUM OF LAW



Re: Terri Schindler-Schiavo; Your Legal Authority and Moral Obligation to Protect a Disabled Citizen



In response to your request for a legal opinion as to whether you have the authority under Florida law to act so as to prevent the imminent death of Terry Schiavo, please be advised that the Florida Constitution vests you with supreme executive power. Fla. Const. Art. 4, § 1(a). While acting in your official capacity as Governor, you shall ensure that the laws of Florida are “faithfully executed.” Id.



Pursuant to Fla. Stat. § 14.01, and § 14.022 the Governor not only has the authority but the inherent obligation to prevent the killing of Terry Schiavo.



Under Fla. Stat. § 14.01 the Governor has the obligation and the “authority to protect [the] life, liberty, and property” of the citizens of Florida. According to this statute the Governor has the authority to “procure and secure protection to life, liberty, and property of the inhabitants of the state [Florida],” as he or she “may deem necessary.” Id.



Furthermore, under Fla. Stat. § 14.022, the Governor of Florida is “authorized and empowered to do all and every act and thing which she or he may deem necessary in order to prevent overt threats of violence or violence…[to] any citizen…of the state.” This statute gives the Governor the power to proclaim that “in her or his opinion” that a “danger exists to the person…of any citizen or citizens of the state.” Fla. Stat. § 14.022(2). Once the Governor has made this proclamation he or she is authorized to exercise the following powers: 1.) He may “authorize order or direct any state, county, or city official to enforce the provisions,” of an order or proclamation aimed at preventing or remedying the danger aimed at any individual citizen or citizens of the state. Fla. Stat. § 14.022(3) (d). These provisions may be enforced in “each and every and all of the courts in the state by injunction, mandamus, or other appropriate action.” Id. 2.) Most importantly, the Governor is obligated and authorized to “intervene in any situation where there exists violence, overt threats of violence to persons or property and take complete control thereof to prevent violence.” Fla. Stat. § 14.022(4). The Governor is given these powers and they are vested under the Florida Constitution in concert with the statutory laws and the police powers of the state of Florida.



Therefore, it is clear that, as Governor of the State of Florida, you not only have the inherent power and authorization to intervene and prevent Terry Schiavo’s inhumane and violent murder, pursuant to valid Florida statutes, you in fact are under a moral obligation to do so.



The Governor is also extended the executive power to provide clemency to individuals that are sentenced to death. The Florida courts have held that this executive power is inherently held by the Governor and is therefore a valid limitation on the powers of the judiciary. It can therefore be implied that if the Governor has the inherent power to override the authority of the Judiciary in order to save the life of a convicted criminal or felon he must therefore have the power to save the life of an innocent individual.



Currently, no state of the union has sanctioned the involuntary termination of a patient’s life via the removal of nutrition and hydration. Specifically, the Florida legislature has expressed a strong disfavor regarding mercy killing when enacting laws such as the Life-Prolonging Procedures Act, which affirmatively states that the law shall not be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. Fla. Stat. § 765.309.



The involuntary removal of nutrition and hydration in no way resembles natural death. legally be equated with the natural process of dying. To the contrary, any individual who has been deprived of food and water would quickly die.


As the Chief Executive Officer of the State, and acting in a manner consistent with your grant of authority, you do not in any way risk a violation of the separation of powers. Fla. Constitution Art. 2 Sec. 3. In fact, where the circumstances warrant, the constitution grants executive authority to the Governor to protect and defend citizens, to promote the general welfare and to serve the common good. Governor, the starvation of a disabled citizen, against her will, is just such a circumstance.



Depriving a person of nutrition and hydration (engaging in euthanasia) is also criminal under Florida law (See Fla. Stat. Sections 782.04(2)(i) and 777.04) as well as under Federal Law. You also know that it violates a higher law upon which all of these laws are based.



Terry Schiavo is being killed by starvation and dehydration. Without your Executive action her death will occur. You not only have the legal authority to do so, you have the moral obligation to do so. Governor, the world is watching!



Cc: John G. Stepanovich, Esq.

Chief Counsel

Common Good Foundation Legal Defense Fund

[tutstar]

GIBBS LAW FIRM, P.A.
Attorneys and Counselors at Law
5666 SEMINOLE BOULEVARD, SUITE TWO TELEPHONE: (727) 399-8300
SEMINOLE, FLORIDA 33772 FACSIMILE: (727) 398-3907
_______________________________
www.gibbsfirm.com
October 16, 2003
VIA EMAIL & FACSIMILE 850-488-9810
Honorable Jeb Bush
Governor, State of Florida
c/o Governor’s General Counsel, Racquel Rodriguez & Christa Calamas
Tallahassee, FL
Dear Governor Bush:
Several hours ago our office received a copy of a letter to you from Mr. Jack
Thompson, Esq., written in response to your request yesterday for assistance from legal
counsel inside and outside your Administration toward the end of saving Terri Schiavo’s
life.
We wish to affirm and support the objective of saving Terri’s life as expressed in
that letter. Mr. Thompson is correct in his assessment that Terri has been sentenced to
death without even the normal means of appeal that would be afforded to her if she were
a convicted prisoner. Were Terri Schiavo a convicted prisoner, she would at least have
the possibility of a reprieve, or even a pardon, from your office.
Several days ago, the Schindlers also asked our law firm to assist in saving Terri’s
life and, in response, we closed our doors for two days to permit our ten attorneys to
review around the clock the more than ten-year record in this case in search of a legal
miracle. We met with Terri’s parents for several hours and spent hundreds of hours
collectively researching and consulting with previous and present attorneys for the
Schindlers. We know that other law firms in other parts of the state have taken similar
drastic measures this week. Unfortunately we have all reached the same conclusion. The
probate court system has blocked all attempts to rationally review this decision to
sentence Terri Schiavo to death.
In reviewing the legal filings in this case, we noted that there is much credible
evidence that Terri Schiavo did NOT indicate to her husband or to anyone else that she
had a wish to die were she to become disabled. We also saw evidence that leads us to
GIBBS Law Firm, P.A.
Attorneys and Counselors at Law
believe that some measure of successful rehabilitation was at least a reasonable
possibility had her husband/guardian and the probate court system at any point along the
way allowed the use of available funds earmarked for her rehabilitation in a medical
malpractice settlement ten years ago.
There are many holes in this case. The “legal” facts that the court system has
determined, and that all the judges who have reviewed this matter have affirmed, do not
comport with the “real” facts. Terri Schiavo’s parents want to permit Michael Schiavo to
move on with his life and with his new family and desire to care for Terri themselves.
There is no real, credible evidence in this record, despite the probate court system’s
findings, that Terri ever told her husband she would want to die under the circumstances
in which she now finds herself. Having entered the finding that she would have chosen
to die, the court system has shut down every available means of reviewing alternatives,
and has prevented access to Terri from any medical personnel who believe in the
possibility that she may recover.
On Monday, after our office had reviewed the legal history in this case, we
assisted the Schindler’s attorneys in petitioning Judge Greer to clarify his order that Terri
Schiavo’s feeding tube be removed. The federal court had pointed out that Judge Greer’s
order did not specify whether alternate feeding attempts could or should be made
following the removal of the nutrition and hydration tube. Several medical experts have
testified that Terri has a swallowing reflex. Our motion (which is attached) asked the
probate court to clarify the fact that, under its order to remove her feeding tube, Terri
could be given food and nutrition naturally by mouth under medical supervision after her
feeding tube was removed. The probate court appears to be so committed to Terri
Schiavo’s death that it refused even to consider hearing arguments on that motion and
denied it within hours of its filing.
Having carefully reviewed this matter over hundreds of hours collectively this
week, we are well aware of the legal roadblocks in this case. Because the probate court’s
order did not specify whether natural feeding should be attempted and did not bar the
hospice from attempting to feed Terri Schiavo, we believe that the normal medical
standard of care should be followed and that natural feeding should be attempted.
Because Michael Schiavo has blocked access to any medical personnel who would
attempt such measures and has, we believe, instructed hospice personnel not to attempt
such measures, I suggest that it would be appropriate for your office to intervene through
the Department of Children and Families in an investigatory capacity. Toward that end,
DCFS should be directed to open an investigation and to appoint a doctor to examine
Terri Schiavo and determine to the Department’s satisfaction whether she can be fed
naturally. If her current hospice care, as chosen by Michael Schiavo her present
guardian, is determined to have breached the medical standard of care for patients, it
GIBBS Law Firm, P.A.
Attorneys and Counselors at Law
should be held accountable and the Department should take immediate custody of the
patient.
As you can see from our Motion for Clarification, we were not asking for yet
another bite at the apple, but, rather, for reasonable assurances that the family’s legitimate
concerns would be addressed and protected. Rather than ensuring the family’s rights of
access to their daughter, Terri’s ability to have her last rites administered by the family’s
priest, and the right of humane treatment—even in the process of removing the nutrition
and hydration tube—the probate court system chose to leave these matters uncertain.
These uncertainties certainly open the door for an investigation by the Department.
Thank you for your compassionate willingness to intervene. We stand ready to
assist in this effort in any manner you might find appropriate. At this point, your office
appears to be Terri Schiavo’s only hope for life and for surviving a cruel and unusual,
judicially imposed death sentence.
Sincerely,
Gibbs Law Firm, P.A.
David C. Gibbs III
Admitted in Florida, North Dakota, Minnesota, Colorado, Texas, and the District of Columbia.
Enclosures as stated
John B. Thompson, Attorney
1172 South Dixie Highway, Suite 111
Coral Gables, Florida 33146-2750
Phone: 305-666-4366
Jackpeace@comcast.net
October 16, 2003
The Honorable Jeb Bush
Governor, State of Florida
C/o Governor's General Counsel, Racquel Rodriguez, and Christa Calamas
The Capitol
Tallahassee, Florida Via Fax to 850-488-9810
Re: Execution of Terri Schiavo is "Cruel and Unusual Punishment"
Dear Governor Bush:
I have been asked by the family of Terri Schiavo to do what I can to save her life in light
of your request yesterday for assistance from legal counsel inside and outside your
Administration toward that end.
Governor, you have the power, by the mere stroke of a pen, to prohibit what is, in every
sense, the execution of Terri Schiavo by a means that is both cruel and unusual in
violation of Article I, Section 17 of the Florida Constitution and the Eighth Amendment
to the United States Constitution.
Death by dehydration and starvation is arguably the most brutal, inhumane, and paininducing
way to kill any living creature. The United States Department of Agriculture in
its own regulations at 9CFR2.131 prohibits the withholding of food and water from farm
animals. Terri Schiavo is not less than a farm animal.
If you, as Governor, were to order the execution of a serial killer on death row by means
of withholding food and water, you would be ordered by any number of courts not to do
so. The horror of dying by dehydration makes death by electric chair, by comparison, an
act of compassion.
The fact that this woman is neither accused nor convicted of any crime makes absolutely
no difference. In fact, the lack of criminality makes the execution even more cruel and
unusual, for a criminal sanction is being imposed upon an innocent woman.
You have the power and the duty, under both the Florida and United States Constitutions,
which you took an oath to uphold, to enter an Executive Order, today, to prohibit the
imposition of any cruel and unusual punishment in this State. Upon entering such an
Order, you then have the power, right, and duty to give force to that order by dispatching
state law enforcement officials to take custody of Terri Schiavo and stop her forced
starvation and dehydration.
Governor Bush, you do not need a court order to do any of this. No court at any level has
the power to revoke the Florida and United States Constitutions. They cannot revoke your
oath of office. You are an enthusiast of the James Madison Institute, and as such you
know that the Executive branch of government is co-equal with the other two branches.
No judge has the power to elevate the judicial branch over the executive branch thereby
abrogating your state and federal constitutional duties and powers.
On behalf of the family of this innocent woman, and with all respect for the
responsibilities of your office, we ask that you act immediately.
Respectfully,
]tv~ g{ÉÅÑáÉÇ
1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
PROBATE DIVISION
In Re: The Guardianship of
THERESA MARIE SCHIAVO,
Incapacitated.
___________________________________//
MICHAEL SCHIAVO, as Guardian of
the person of THERESA MARIE SCHIAVO,
Petitioner,
vs.
ROBERT SCHINDLER and MARY
SCHINDLER,
Respondents.
___________________________________//
MOTION FOR CLARIFICATION AND
SUPPLEMENTAL REQUEST FOR IMPLEMENTATION OF ORDER
Respondents ROBERT SCHINDLER and MARY SCHINDLER, as Parents and
Next Friends of THERESA MARIE SCHIAVO and through their undersigned counsel,
respectfully request this Court to issue a clarification of its order entered September 17,
2003, and to supplement its ruling regarding implementation thereof. In support thereof,
Respondents show unto the Court as follows:
1. By order of September 17, 2003, this Court issued the following order:
ORDERED AND ADJUDGED that the Guardian, Michael Schiavo, shall cause
the removal of the nutrition and hydration tube from the Ward, Theresa Marie
Schiavo, at 2:00 p.m. on the 15th day of October, 2003.
2
2. Nothing in this motion should be construed as an attack on the substance of the
Court’s ruling hereunder in setting a date for the removal of the nutrition and hydration
tube.
3. However, as was pointed out by the United States District Court, Judge Richard
A. Lazzara presiding, this Court’s order does not include any particular guidance
regarding the procedures and process to follow the removal of the nutrition and hydration
tube.
4. Respondents’ have contacted counsel for the Guardian and requested that a
mutually-agreeable medical witness be present to observe the surgical removal procedure
to ensure the procedure is conducted in a medically appropriate and humane manner so as
to preserve Terri Schiavo’s protected rights…
5. Respondents’ request was denied….
6. Therefore, a genuine issue is in dispute and hereby presented to the Court to
clarify whether a medical witness, mutually agreeable to the parties or in the event the
parties cannot agree a medical witness appointed by this Court, to observe the surgical
procedures ordered by this Court and to preserve Terri Schiavo’s protected rights.
7. Respondents have contacted counsel for the Guardian and requested that
accommodations be made following the removal of the nutrition and hydration tube for
medical personnel to be given access to Terri Schiavo for the purpose of [oral feeding]
through non-surgical means of the nature available to any quadriplegic or paraplegic or
otherwise incapacitated individuals.
8. Respondents’ request was denied….
3
9. Therefore, a genuine issue is in dispute and hereby presented to the Court to
clarify whether medical personnel must be granted access to Terri Schiavo for the
purpose of [oral feeding] through non-surgical means of the nature available to any
quadriplegic or paraplegic or otherwise incapacitated individuals.
WHEREFORE, Respondents pray this Court clarify its order and supplement its order
regarding implementation by granting Respondents’ request and appointing a medical
witness to observe the surgical removal process and to issue an order granting access for
medical personnel to orally feed Terri Schiavo through non-surgical means following the
removal of the nutrition and hydration tube.
Dated: October 14, 2003

[tutstar]

Suzanne & Alan Nevling
San Francisco, CA

Governor Jeb Bush
Florida Capitol
FAX: 850 / 487-0801

Dear Governor Bush:

We are painfully troubled about the grotesque, terminal punishment that has been ordered and is being inflicted upon Terri Schiavo by all levels of government. She is an innocent, helpless, disabled soul. The claim that she wants to die is based on questionable hearsay. Failing to take discretionary steps jurisdictionally available to you as authorized by both the United States Constitution and specific sections in Articles I-IV of Florida's Constitution is unconscionable. There is also a legal and moral mandate upon you contained in at least 15 Florida statutes within Titles IV, X, XXX and XLVI.

Six attorneys or law groups have positively advised you that you have jurisdictional authority within Florida's executive branch that does not conflict with the judicial branch vis à vis Terri Schiavo's situation. I am a legal researcher here in California and within 24 hours I completed researching Florida's Constitution and many Florida statutes at the Florida Senate.gov site. Amazing, that your staff cannot recognize relevant Florida laws that I, in California, can find on the internet!

Florida judges are required by statute to take the same oath of office as you. Thus, they, too, are supposed to adhere to and uphold laws protecting disabled adults. From Florida's Constitution, they are:
ARTICLE I, Declaration of Rights (sections 2 & 17), and ARTICLE II, General Provisions (section 5).
And from Florida statutes, these pertain:
Title X; Chapter 110, Section 110.107 (4); and Chapter 112, Section 112.312 (3)
Title XXX; Chapter 415; Section 415.101 (1)-(2); Section 415.102 (1), (6)-(7)(a) 1.-2., (b) 3.- 4., (14)-(16) (a)-(d)1-2., (17) (a), (c)-(d), (20)-(22), (25)-(27); and Section 415.104 (1)
Title XLVI; Chapter 782; Section 782.04 (1)(a) 1.-2., i., o., (b) (2); Section 782.07 (1)-(2); Chapter 825; Section 825.101 (3) (a) 1., (4), (8)-(10) (a)-(b), (11) (a), (c); Section 825.102 (1) (a)-(b), (3)(a) 1.-2. (b); Section 825.103 (1) (a) 1., (b), (2)(a); Chapter 839; Section 839.24; Chapter 876; Section 876.05 (1)-(2); and Section 876.09 (1)-(2).
Judge Greer's and other Florida judges' rulings are in conflict with the clear language of Florida statutes. Is this not judicial branch disregard of the legislative branch's authority? If so, ARTICLE III, section 17 of Florida's Constitution could deservedly be invoked against these decisions ordering death for Terri Schiavo.

Florida is jokingly called "God's Waiting Room." If you do not halt this travesty and save Terri's life, you will be rightfully perceived by millions of Americans as a pro-torture, pro-death, weak governor -- a Pontius Pilate. And Florida will be viewed as a state that permits "Torture for Disableds", a "Deathtrap for the Defenseless" -- "Satan's Torture Chamber."

Allowing Terri Schiavo to die portends a terrible legal precedent for all Americans. What if, as for the Schindlers', someone in your family were to be falsely judged "vegetative"? We implore you to carefully consider the moral imperative you seem to want to ignore. Someday, someone important to you may be similarly, and unfortunately, victimized as a consequence of the decision and course you appear ready to embrace. We pray for Terri. Florida is putting her family through a completely avoidable hell.

With sincere anguish,

[deannadurbin]

>>As a veteran pro-life rescuerer, I tell you you guys need to take matters into your own hand and remove her from that place. Get 100 people to dress in the same uniforms as the facility, get 10 armed security guards to deal with their personal security, get 14 ryder trucks and 14 manequins wrapped in sheets, storm the building, get her out, put the 14 manequins and her in trucks,and the trucks take off in different directions and all transfter the bodys to vehicles (under bridges, tunnels), and then someone take her out of state to care for her.

Have you participated in such a rescue?

[tutstar]

I can't get the first 2 to copy and paste, you'll have to go to Terri's site and read them.

[tutstar]

http://www.freerepublic.com/focus/f-news/1002670/posts

Posted by Ethan_Allen to MSCASEY; tutstar; MarMema; pc93; Theodore R.; JulieRNR21; All
On News/Activism 10/17/2003 2:58 PM EDT #131 of 153

I AM SORRY THE FOLLOWING IS SUCH A MESS. I AM FRANTIC TRYING TO FIND SOMETHING!!!! THEY CANNOT DENY!!!!!

HELP ME SORT THROUGH THIS FREEPERS/ SEE *******'s FIRST. [i don't know why, some of the *'s appear as straight lines] I THINK IT IS POSSIBLE THIS HOSPICE CAN BE INSPECTED FOR HEALTH VIOLATIONS, AND I ALSO THINK IT MAY BE IN VIOLATION OF LICENSING REGULATIONS. THE WAY I AM READING THE FOLLOWING IS THAT YOU HAVE TO BE IN GOOD STANDING FINANCIALLY IN ORDER TO BE LICENSED. *******SCROLL DOWN TO (12)(a). HOSPICEPATIENTSALLIANCE.ORG SAYS THAT SUNCOAST IS ALMOST $15 IN DEBT. TO THE FEDS, AND IT DOESN'T APPEAR THAT THEY HAVE A LEGITIMATE WAY TO PAY IT BACK. I WONDER IF THEY COULD BE CLOSED DOWN RIGHT NOW. PLEASE READ AND SEE WHAT YOU THINK.


The 2003 Florida Statutes

CHAPTER 400

NURSING HOMES AND RELATED HEALTH CARE FACILITIES
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0400/ch0400.htm


Pressed for time here. Will try to delete all but what I THINK is the most essential:

**400.19 Right of entry and inspection.--

*****(1) The agency and any duly designated officer or employee thereof or a member of the State Long-Term Care Ombudsman Council or the local long-term care ombudsman council shall have the right to enter upon and into the premises of any facility licensed pursuant to this part, or any distinct nursing home unit of a hospital licensed under chapter 395 or any freestanding facility licensed under chapter 395 that provides extended care or other long-term care services, ***** at any reasonable time in order to determine the state of compliance with the provisions of this part and rules in force pursuant thereto. The right of entry and inspection shall also extend to any premises which the agency has reason to believe is being operated or maintained as a facility without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless a warrant is first obtained from the circuit court authorizing same. Any application for a facility license or renewal thereof, made pursuant to this part, shall constitute permission for and complete acquiescence in any entry or inspection of the premises for which the license is sought, in order to facilitate verification of the information submitted on or in connection with the application; ****** to discover, investigate, and determine the existence of abuse or neglect; or to elicit, receive, respond to, and resolve complaints. The agency shall, within 60 days after receipt of a complaint made by a resident or resident's representative, complete its investigation and provide to the complainant its findings and resolution.




(2) The agency shall coordinate nursing home facility licensing activities and responsibilities of any duly designated officer or employee involved in nursing home facility inspection to assure necessary, equitable, and consistent supervision of inspection personnel without unnecessary duplication of inspections, consultation services, or complaint investigations. To facilitate such coordination, all rules promulgated by the agency pursuant to this part shall be distributed to nursing homes licensed under s. 400.062 30 days prior to implementation. This requirement does not apply to emergency rules.



***** (3) The agency shall every 15 months conduct at least one unannounced inspection to determine compliance by the licensee with statutes, and with rules promulgated under the provisions of those statutes, ***** governing minimum standards of construction, quality and adequacy of care, and rights of residents. The survey shall be conducted every 6 months for the next 2-year period if the facility has been cited for a class I deficiency, has been cited for two or more class II deficiencies arising from separate surveys or investigations within a 60-day period, or has had three or more substantiated complaints within a 6-month period, each resulting in at least one class I or class II deficiency....... The giving or causing to be given of advance notice of such unannounced inspections by an employee of the agency to any unauthorized person shall constitute cause for suspension of not fewer than 5 working days according to the provisions of chapter 110.

****** (4) The agency shall conduct unannounced onsite facility reviews following written verification of licensee noncompliance in instances in which a long-term care ombudsman council, pursuant to ss. 400.0071 and 400.0075,.....


***** .....has received a complaint and has documented deficiencies in resident care or in the physical plant of the facility that threaten the health, safety, or security of residents, or when the agency documents through inspection that conditions in a facility present a direct or indirect threat to the health, safety, or security of residents.....


PART XII

HEALTH CARE SERVICES POOLS

400.980 Health care services pools.

400.980 Health care services pools.--

(1) As used in this section, the term:

(a) "Agency" means the Agency for Health Care Administration.

(b) "Health care services pool" means any person, firm, corporation, partnership, or association engaged for hire in the business of providing temporary employment in health care facilities, residential facilities, and agencies for licensed, certified, or trained health care personnel including, without limitation, nursing assistants, nurses' aides, and orderlies. However, the term does not include nursing registries, a facility licensed under chapter 400, a health care services pool established within a health care facility to provide services only within the confines of such facility, or any individual contractor directly providing temporary services to a health care facility without use or benefit of a contracting agent.


******* (2) Each person who operates a health care services pool must register each separate business location with the agency. The agency shall adopt rules and provide forms required for such registration and shall impose a registration fee in an amount sufficient to cover the cost of administering this section. In addition, the registrant must provide the agency with any change of information contained on the original registration application within 14 days prior to the change. The agency may inspect the offices of any health care services pool at any reasonable time for the purpose of determining compliance with this section or the rules adopted under this section.

(3) Each application for registration must include:

(a) The name and address of any person who has an ownership interest in the business, and, in the case of a corporate owner, copies of the articles of incorporation, bylaws, and names and addresses of all officers and directors of the corporation.

(b) Any other information required by the agency.

(4) Each applicant for registration must comply with the following requirements:

(a) Upon receipt of a completed, signed, and dated application, the agency shall require background screening, in accordance with the level 1 standards for screening set forth in chapter 435, of every individual who will have contact with patients. The agency shall require background screening of the managing employee or other similarly titled individual who is responsible for the operation of the entity, and of the financial officer or other similarly titled individual who is responsible for the financial operation of the entity, including billings for services in accordance with the level 2 standards for background screening as set forth in chapter 435.

(b) The agency may require background screening of any other individual who is affiliated with the applicant if the agency has a reasonable basis for believing that he or she has been convicted of a crime or has committed any other offense prohibited under the level 2 standards for screening set forth in chapter 435.

(c) Proof of compliance with the level 2 background screening requirements of chapter 435 which has been submitted within the previous 5 years in compliance with any other health care or assisted living licensure requirements of this state is acceptable in fulfillment of paragraph (a).

(d) A provisional registration may be granted to an applicant when each individual required by this section to undergo background screening has met the standards for the Department of Law Enforcement background check but the agency has not yet received background screening results from the Federal Bureau of Investigation. A standard registration may be granted to the applicant upon the agency's receipt of a report of the results of the Federal Bureau of Investigation background screening for each individual required by this section to undergo background screening which confirms that all standards have been met, or upon the granting of a disqualification exemption by the agency as set forth in chapter 435. Any other person who is required to undergo level 2 background screening may serve in his or her capacity pending the agency's receipt of the report from the Federal Bureau of Investigation. However, the person may not continue to serve if the report indicates any violation of background screening standards and if a disqualification exemption has not been requested of and granted by the agency as set forth in chapter 435.

(e) Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions, or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and controlling interests under the Medicaid or Medicare programs may be accepted in lieu of this submission.

(f) Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of chapter 435 which was committed by a member of the board of directors of the applicant, its officers, or any individual owning 5 percent or more of the applicant........


[****** Ethan Allen note: there are two convicted felons working in the Hospice's financial office.]

****** registration may not be granted to an applicant if the applicant or managing employee has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in chapter 435, unless an exemption from disqualification has been granted by the agency as set forth in chapter 435.....

**** The agency may deny, revoke, or suspend the registration of any applicant or registrant who:

**** 1. Has falsely represented a material fact in the application required by paragraph (e) or paragraph (f), or has omitted any material fact from the application required by paragraph (e) or paragraph (f); or [ EA: Hospice moved these two felons to new positions in the hospice???? I don't remember the details, no time to check right now.]

***** 2. Has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in paragraph (e). [ THIS IS WHERE, I BELIEVE, THE HOSPICE OWES THE US GOVT. $$$$$$$$$ ]

***** 3. Fails to comply with this section or applicable rules.


Commits an intentional, reckless, or negligent act that materially affects the health or safety of a person receiving services.




(5) It is a misdemeanor of the first degree, punishable under s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:

****** [EA - I believe the Hospice knew!!!]
(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to an applicant's qualifications to be a contractor under this section;

(b) Operate or attempt to operate an entity registered under this part with persons who do not meet the minimum standards of chapter 435 as contained in this section; or



(7) It is unlawful for a person to offer or advertise services, as defined by rule, to the public without obtaining a certificate of registration from the Agency for Health Care Administration. It is unlawful for any holder of a certificate of registration to advertise or hold out to the public that he or she holds a certificate of registration for other than that for which he or she actually holds a certificate of registration. Any person who violates this subsection is subject to injunctive proceedings under s. 400.515.

(8) Each registration shall be for a period of 2 years. The application for renewal must be received by the agency at least 30 days before the expiration date of the registration. An application for a new registration is required within 30 days prior to the sale of a controlling interest in a health care services pool.

(10) A health care services pool shall document that each temporary employee provided to a health care facility has met the licensing, certification, training, or continuing education requirements, as established by the appropriate regulatory agency, for the position in which he or she will be working.

(11) When referring persons for temporary employment in health care facilities, a health care services pool shall comply with all pertinent state and federal laws, rules, and regulations relating to health, background screening, and other qualifications required of persons working in a facility of that type.


(12)(a) As a condition of registration and prior to the issuance or renewal of a certificate of registration, a health care services pool applicant must prove financial responsibility to pay claims, and costs ancillary thereto, arising out of the rendering of services or failure to render services by the pool or by its employees in the course of their employment with the pool. The agency shall promulgate rules establishing minimum financial responsibility coverage amounts which shall be adequate to pay potential claims and costs ancillary thereto.

[ EA: SUNCOAST HOSPICE OWES ALMOST 15 MILLION DOLLARS TO THE US GOVERNMENT. DO THEY PLAN ON PAYING IT BACK BY OPERATING A SLAUGHTERHOUSE FOR THOSE THEY CONSIDER 'USELESS EATERS'?????????]

(b) Each health care services pool shall give written notification to the agency within 20 days after any change in the method of assuring financial responsibility or upon cancellation or nonrenewal of professional liability insurance. Unless the pool demonstrates that it is otherwise in compliance with the requirements of this section, the agency shall suspend the registration of the pool pursuant to ss. 120.569 and 120.57. Any suspension under this section shall remain in effect until the pool demonstrates compliance with the requirements of this section.

(c) Proof of financial responsibility must be demonstrated to the satisfaction of the agency, through one of the following methods:

1. Establishing and maintaining an escrow account consisting of cash or assets eligible for deposit in accordance with s. 625.52; [!!!!!!! ESCROW ACCOUNT????????? DO THEY HAVE A LIST OF NAMES TO BE TERMINATED AS AN ESCROW ACCOUNT?????????]

2. Obtaining and maintaining an unexpired irrevocable letter of credit established pursuant to chapter 675. Such letters of credit shall be nontransferable and nonassignable and shall be issued by any bank or savings association organized and existing under the laws of this state or any bank or savings association organized under the laws of the United States that has its principal place of business in this state or has a branch office which is authorized under the laws of this state or of the United States to receive deposits in this state; or

3. Obtaining and maintaining professional liability coverage from one of the following:

a. An authorized insurer as defined under s. 624.09;

b. An eligible surplus lines insurer as defined under s. 626.918(2);

c. A risk retention group or purchasing group as defined under s. 627.942; or

d. A plan of self-insurance as provided in s. 627.357.



(d) If financial responsibility requirements are met by
maintaining an escrow account or letter of credit, as provided in this section, upon the entry of an adverse final judgment arising from a medical malpractice arbitration award from a claim of medical malpractice either in contract or tort, or from noncompliance with the terms of a settlement agreement arising from a claim of medical malpractice either in contract or tort, the financial institution holding the escrow account or the letter of credit shall pay directly to the claimant the entire amount of the judgment together with all accrued interest or the amount maintained in the escrow account or letter of credit as required by this section, whichever is less, within 60 days after the date such judgment became final and subject to execution, unless otherwise mutually agreed to in writing by the parties. If timely payment is not made, the agency shall suspend the registration of the pool pursuant to procedures set forth by the agency through rule. Nothing in this paragraph shall abrogate a judgment debtor's obligation to satisfy the entire amount of any judgment.

(e) Each health care services pool carrying claims-made coverage must demonstrate proof of extended reporting coverage through either tail or nose coverage, in the event the policy is canceled, replaced, or not renewed. Such extended coverage shall provide coverage for incidents that occurred during the claims-made policy period but were reported after the policy period.

(f) The financial responsibility requirements of this section shall apply to claims for incidents that occur on or after January 1, 1991, or the initial date of registration in this state, whichever is later. [ OHIOAN
FROM FLORIDA - YOU SAID TERRI WAS ADMITTED IN 1991 ]




(g) Meeting the financial responsibility requirements of this section must be established at the time of issuance or renewal of a certificate of registration. [******WERE THEY???????? !!!!!!!!!! THEY ARE IN DEBT TO THE US GOVT 15 MILLION DOLLARS!!!!!!! HELP ME HERE, FOLKS, CAN THEY BE CLOSED DOWN RIGHT NOW FOR VIOLATION OF THIS ALONE??????]




(13) The agency shall adopt rules to implement this section, including rules providing for the establishment of:

(a) Minimum standards for the operation and administration of health care personnel pools, including procedures for recordkeeping and personnel.

(b) Fines for the violation of this section in an amount not to exceed $2,500 and suspension or revocation of registration.

(c) Disciplinary sanctions for failure to comply with this section or the rules adopted under this section.

[tutstar]

http://www.freerepublic.com/focus/f-news/1002504/posts

Hospice connections with George Felos attorney for Michael Schiavo.....

anyone smell a rat??????????