Posted on 10/21/2003 4:32:56 PM PDT by beckett
The Governor has just sent this email to those who contacted him about Terry:
Thank you for writing to Governor Bush and expressing interest in the well-being of Terri Schindler-Schiavo. Attached please find a statement by Governor Bush relating to actions taken today by the Florida Legislature and the Governor.
Again, thank you for writing to Governor Bush.
FOR IMMEDIATE RELEASE
CONTACT: ALIA FARAJ
TUESDAY, OCTOBER 21, 2003
(850) 488-5394
Statement By: GOVERNOR JEB BUSH
Regarding Theresa Schiavo
TALLAHASSEE- "Like the tens of thousands of Floridians who have raised their voices in support of Terri Schiavo's right to live, I have been deeply moved by these tragic circumstances. I understand the limitations cited by the judges who have declined to hear the later stages of this case. However, any life or death decision should be made only after careful consideration of all related facts and conditions. For that reason, I appreciate the extraordinary action of the Legislature today, and will use the discretion they have granted regarding the restoration of nutrition and water to Terri Schiavo.
"The conflict among family members over the best interests of this young woman has made us all acutely aware that uncertainty in these situations can, and does, compound the tragedy. I hope all Floridians, and any others who have followed this case, will ensure their best interests are clearly documented in a living will or other directive to spare their families a similar anguish.
"My thoughts and prayers remain with Terri and those who love her."
# # #
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NO. 03-201
WHEREAS, on October 21, 2003, the Florida Legislature passed House Bill 35-E (to be published as Public Law 03-418), signed this date by me, authorizing the Governor to issue a one-time stay in certain cases where, as of October 15, 2003, the action of withholding or withdrawing nutrition or hydration from a patient in a permanent vegetative state has already occurred and there is no written advance directive and a family member has challenged the withholding or withdrawing of nutrition and hydration; and
WHEREAS, under House Bill 35-E a person may not be held civilly liable and is not subject to regulatory or disciplinary sanctions for taking any action to comply with a stay issued by the Governor pursuant to House Bill 35-E; and
WHEREAS, in the case of Theresa Marie Schindler Schiavo, Robert Schindler and Mary Schindler, the parents of Theresa Marie Schindler Schiavo, have requested that the Governor enter a stay prohibiting further withholding or withdrawing of nutrition or hydration; and
WHEREAS, a court has found that Theresa Schiavo is in a persistent vegetative state as of October 15, 2003; and
WHEREAS, Theresa Schiavo had no written advance directive as of October 15, 2003; and
WHEREAS, nutrition and hydration have been withdrawn from Theresa Schiavo, and continues to be withheld as of October 15, 2003; and
WHEREAS, the Schindlers have challenged the withdrawal and withholding of nutrition and hydration as of October 15, 2003; and
WHEREAS, an immediate and urgent need has arisen to address the removal of nutrition or hydration, because death due to lack of nutrition and hydration is imminent;
NOW THEREFORE, I, JEB BUSH, Governor of the State of Florida, by the powers vested in me by the Constitution and laws of the State of Florida, specifically House Bill 35-E, do hereby promulgate the following Executive Order, effective immediately:
Section 1.
A. Effective immediately, continued withholding of nutrition and hydration from Theresa Schiavo is hereby stayed.
B. Effective immediately, all medical facilities and personnel providing medical care for Theresa Schiavo, and all those acting in concert or participation with them, are hereby directed to immediately provide nutrition and hydration to Theresa Schiavo by means of a gastronomy tube, or by any other method determined appropriate in the reasonable judgment of a licensed physician.
C. While this order is effective, no person shall interfere with the stay entered pursuant to this order.
D. This order shall be binding on all persons having notice of its provisions.
E. This order shall be effective until such time as the Governor revokes it.
F. The Florida Department of Law Enforcement shall serve a copy of this Executive Order upon the medical facility currently providing care for Theresa Schiavo.
IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed this 21st day of October, 2003. _______________________________________
GOVERNOR
ATTEST: ________________________________
SECRETARY OF STATE
Celeste F. Lewis
Director
Office of Citizens' Services
Executive Office of the Governor
850/488-7146 (Phone)
850/487-0801 (Fax)
Cases like the one you describe are difficult, and I don't have all the right answers. What I would say, however, are that there is a major fundamental difference between ordering that someone be rescued from a condition stemming from natural causes, from accidental causes, or from deliberate causes. I think it entirely reasonable that a governor be given more authority over cases in which an imminently-fatal condition is the result of deliberate action than one in which the fatal condition is not the result of deliberate action.
BTW, on a related note: is a DNR binding on someone upon whom a murder attempt has been made?
Thanks for clearing that up. It's my understanding that once someone is made guardian they pretty much can do whatever they want and the courts go along with it. So once Schiavo got himself appointed Terri's guardian the family had nothing to say. That's the principle of law the judge has been so determined to uphold, apparently. But in this case the conflict of interest seems so obvious that there should have been a permanent guardian ad litem. The judge ruled there was no conflict of interest, however, and no need for a continuing guardian ad litem and it's been a battle for the family ever since. The average person probably couldn't imagine that the law - and a judge - could stray so far from common sense yet it did and it does.
I just had a feeling in my gut earlier today that Terri may be just one of many people Felos and Greer have conspired to kill. I don't think it was a lack of common sense that caused Judge Greer to declare no conflict of interest existed; I suspect he himself had a major conflict of interest.
I would have loved to seen Terri's face when she learned the news that she was being moved to a real hospital to be cared for.
If they want to take it to the ability to feed one's self, quadraplegics are next.
Such is the onward and relentless march of the culture of death.
I wonder if the doctors, family, etc., are still bound by Greer's order not to "feed that girl?"
YES!
Should Jeb allow the husband to speak as her guardian?
NO! In any instance where preserving life is concerned the choice should always be LIFE.
I'm not Catholic and I don't agree with Catholic beliefs on some points, but I believe Catholic doctrine is exactly right on the issue of the sanctity of human life. IMHO the most admirable virtue of Pope John Paul has been his unwavering support for life and his denunciation of the Satanic cult of death which has come to permeate modern western society.
I'm afraid if that good man in his present physical state was under the jurisdiction of Judge Greer and his fellow black-robed ghouls he would be in dire peril of being starved to death.
Then Bob, it was more than worth the fight. God bless you and give you rest from this battle...
COOL
A judge is required to appoint a guardian ad litem for any ward whose guardian's interests might conflict with the ward's. A guardian ad litem was appointed for Terri, but Judge Greer allowed Felos to fire him when the guardian ad litem had the audacity to suggest that Felos' actions were contrary to Terri's interests. Since then, Judge Greer has refused to allow a guardian ad litem to represent Terri.
Other posts have noted that Felos has not properly filed required financial disclosures regarding Terri's trust fund. A guardian ad litem would have standing to demand that such disclosures be filed, and to look at them. The judge would also have such standing to make such a demand or examination on his own. Nobody else has standing to make such filings if the judge refuses to do so. I suppose it's conceivable that Felos' failure to file the reports was simply an innocent mistake, but I personally don't believe that. I believe that Felos and Schiavo's desire for unsupervised access to the 'cookie jar' was for the purpose of raiding it. If that is so, that would imply conspiracy to commit embezzlement on their parts. Further, since Judge Greer refused to appoint a guardian ad litem, he was legally required to monitor Terri's trust. His failure to do so, and refusal to allow anyone else to do so, strongly suggests conspiracy.
If Judge Greer was aware of any mismanagement in Terri's trust fund, he would also have been aware that in the event that any new guardian or guardian ad litem were ever appointed, such discrepancies would come out and his malfeasance in the matter would be discovered. Since the only Terri could be forever prevented from getting a new guardian or guardian ad litem would be her death, that would suggest a criminal motive for wanting Terri dead.
I don't know what the laws are with regard to a judge's immunity for legal consequences from his decisions, but I'm pretty certain that they don't hold in cases where a judge has a conflict of interest as large as this one. Judge Greer did attempt to by his actions have Terri Schiavo killed. If there's any funny business in Terri's trust fund, that would imply criminal motive. Attempting to kill someone with criminal motive is virtually the definition of attempted murder.
YES!
Is such fluid draining a procedure which will never, under any circumstance, cause harm to a person? If not, it would seem that the governor would be called upon to make a medical decision.
Michael's whole basis for having Terri killed was his claim that she wouldn't want to live "connected to tubes like that" or something to that effect. While Terri shouldn't be killed regardless, I noted (whether or not I was the first) and others followed up upon the fact that Michael had to prevent any evidence from being discovered that Terri could swallow, since such discovery would render moot his particular excuse for murdering his wife.
Yes.
I've been following the inbelievable events of this evening on THIS THREAD ... check it out.
Thank God...and thank Him for Terri's parents, the Governor, the legislature who voted on Terri's behalf, Bob Marshall, and so many countless others all over this nation who are praying, faxing, emailing, writing, standing vigil.
...thank God for the power of activism, prayer, and mst importantly, for the power of love. Terri's parents loved her and have literally saved her life with God's help and the influence of literally millions who have been touched by her story.
Experiences like this can give us all great hope...the Arm of God, the Hand of Providance is intervening in this affair as a result.
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