Appeals Court Overturns Stay, Lawsuit Against Terri's Law Proceeds

Pinellas Park, FL (LifeNews.com) -- A Florida Appeals Court on Tuesday overturned a stay that would have allowed Governor Jeb Bush to pursue a dismissal of Michael Schiavo's lawsuit against Terri's Law on technical grounds. The decision allows Michael's lawsuit, which seeks to overturn the law and end Terri Schiavo's life by removing her feeding tube for a third time, to proceed.

"It's very bad news for Terri and good news for the voices of death," said Pat Anderson, an attorney for Bob and Mary Schindler, Terri's parents.

Attorneys for Governor Bush had asked the courts to dismiss the lawsuit saying that it should have been filed in Tallahassee where the law was passed and Bush's executive order issued asking doctors to reinsert the feeding tube.

Bush also asked the courts to dismiss the lawsuit because it he was not personally served with the suit.

However, attorneys for Michael, including assisted suicide advocate George Felos and the ACLU, argued that, because Bush's attorneys participated in a conference call with Circuit Court Judge Doug Baird after receiving the lawsuit, they accepted it as being properly served.

Felos said in response, "We were very pleased that the court ruled as it did and ruled so promptly. I think it's an indication that the court recognizes that fundamental human rights are at stake here."

The decision meant that Bush's attorneys have until 5 PM Wednesday to file their response to Michael's suit.

Ken Connor, the former president of the Family Research Council and Florida Right to Life, who is Bush's lead attorney on the case, said the governor would submit a brief. However, he may pursue more action on the procedural issues.

"We'll be filing a range of pleadings on a range of issues," Connor said, "but I will say we continue to feel very strongly about the procedural issues in this case."

Though the rescinding of the stay allows Michael's lawsuit to proceed, the Appeals Court has not ruled on the actual arguments in the procedural dispute.

Michael claims the law violates Terri's right to privacy and the separation of powers under the Florida state constitution.

Terri Schiavo collapsed in 1990 under disputed conditions. At the time, doctors said the collapse resulted from a potassium imbalance, though a bone scan and other medical records lead some doctors to believe Terri may have been a victim of physical abuse.

Although Terri needs a feeding tube to receive food and water, she is able to breathe on her own, is not on a ventilator, and is not in a persistent vegetative state.

The Schindlers have been battling her estranged husband and guardian, Michael, who says his wife would not want to be kept alive in such conditions.

The Schindlers say their daughter reacts to them with tears and smiles, moves her head and moans. They have doctors who believe she could be rehabilitated with new and aggressive therapy.

They also say Michael has violated a promise to a jury that $700,000 of a $1.5 million medical malpractice judgment awarded to him would be used to pay for rehabilitative and medical care for Terri. After Michael received the award, he placed a "do not recesitate" order on Terri.

Michael is now living with another woman, with whom has had a child. Terri's family claims he wants Terri to die so he can receive the rest of the trust fund money.

MEMBERS OF THE BROTHERHOOD

This is a partial list of famous Masons from the book,
"10,000 famous Masons."

Famous Masons

Florida/Tampa Bay Area

*Bilirakis, Michael - U.S. Congressman, District 9

*Davis, Jim - State Senator

*Rice, Everett - Pinellas County Sheriff

http://members.aol.com/mason24a/famous.htm

The following is just one example of many on the net regarding the loyalty to the brotherhood vs. the loyalty to the oath of office by judges, lawyers, and police. (From the number of articles from the UK, I gather it is a real issue over there. I'm not sure Americans have awakened to the problem, yet):

"Thursday, 12 October, 2000, 16:35 GMT 17:35 UK
Call to uncover freemason judges

A hearing will now take place later this month

A man who is facing trial in Scotland has begun legal proceedings which could force judges to put on record if they are freemasons or members of a secret society.
Thomas Monogue, 55, from Dunfermline, faces a housebreaking charge, but he claims that if his hearing is presided over by a freemason it will not be impartial.

The company director is using the European Convention on Human Rights to make his claim.

He told Sheriff Stuart Forbes at Dunfermline on Thursday: "I contend there is a possibility that a court presided over by a freemason deciding my guilt would not be impartial to me as a non-freemason or could discriminate against me.

A sheriff's membership of a masonic brotherhood infringes my human rights and damages the impartiality of the court.

[ Thomas Monogue
"This is based on my understanding of the promise freemasons make, swearing in effect that they will give a brother mason the benefit of the doubt in interpreting all things, including the law. ]

"In the event this request is refused, before I take the oath, or at some other early stage in my defence, I or my counsel be granted the opportunity to address the learned judge who is conducting my trial, with the question, 'are you a freemasons?'."

Mr Monogue said that if the judge declines to answer the question then he will not co-operate or recognise the impartiality of the court.

"A sheriff's membership of a masonic brotherhood infringes my human rights and damages the impartiality of the court," he added. ....." http://news.bbc.co.uk/2/hi/uk_news/scotland/969317.stm

I have suspected a freemasonry link ever since I heard that Terri's injuries were never investigated. If you have ever seen the movie FROM HELL, it would be easy to make that connection since it is eerily similer to what is happening with Terri. While doing a freemasonry search on Pinellas County, I also ran across the following. You might find it of interest:

"Doctor settles his part of wrongful death suit

The doctor who pronounced Scientologist Lisa McPherson dead pays her estate $100,000.
By LUCY MORGAN

© St. Petersburg Times, published September 15, 1998

*Clearwater doctor who declared Scientologist Lisa McPherson dead when she arrived at a New Port Richey hospital in December 1995 has paid her estate $100,000 to settle his portion of a wrongful death suit McPherson's family filed against the Church of Scientology and others.

James Felman, the Tampa lawyer who represents Dr. David Minkoff, said *two medical malpractice insurance companies paid the entire amount.

"It wasn't our idea to settle," Felman said. "But given that the insurance company is going to pay the money, it is a pittance compared to the millions and millions they were asking for."

Felman said he doesn't believe the lawsuit merited the money because McPherson was dead before Minkoff ever saw her at Community Hospital in New Port Richey.

The Scientologists who were taking care of McPherson at the Fort Harrison Hotel in Clearwater drove her to New Port Richey where Minkoff, a Scientologist, was on duty. He had prescribed medication by telephone before her death.

The wrongful death suit is pending in Hillsborough County Circuit Court against the Church of Scientology and several officials who participated in taking care of McPherson.

Ken Dandar, the Tampa lawyer who represents the McPherson estate, declined to discuss details of the settlement. But he said he agreed to accept Minkoff's offer because the doctor's involvement in her death was based on false reports he received from others.

"He saw her after she was dead, so he couldn't cause any damage to her," Dandar said. "Dr. Minkoff was extremely nervous and anxious to settle this case."

McPherson's family filed suit against Scientology, Minkoff and others in 1997. **The suit accuses Scientologists of conspiring to keep McPherson, 36, in isolation inside the Fort Harrison against her will. **Instead of calling emergency medical technicians or taking her to nearby **Morton Plant Hospital, the Scientologists drove McPherson 45 minutes north to New Port Richey, where Minkoff was on duty.

McPherson was held at the Fort Harrison for 17 days after she was involved in **a minor traffic accident. Scientologists say she suddenly fell ill, suggest she had a staph infection and deny holding her against her will.

But Dr. Joan Wood, the medical examiner in Pinellas County, says McPherson ***died a slow death from a blood clot brought on by dehydration and bed rest. Wood says she went without fluids for several days and was unconscious for up to two days before her death.

In addition to the lawsuit, a criminal investigation into McPherson's death is ongoing. ***Pinellas-Pasco State Attorney Bernie McCabe has yet to make a decision about who, if anyone, will be prosecuted. Agents from the Florida Department of Law Enforcement and Clearwater police have recommended filing criminal charges.

McPherson has become the subject of World Wide Web sites where Scientology critics have published autopsy pictures and copies of the care notes taken by Scientologists in the days before she died. Critics also picket Scientology centers all over the world with McPherson's picture and accusations that Scientology killed her....." http://www.sptimes.com/TampaBay/91598/Doctor_settles_his_pa.html

[Wonder if they took her organs?]

Clearwater is the 'spiritual headquarters' for the Church for Scientology:

21. New school to use ideas of Scientology founder
(Story no longer online? Read this)
Source: St. Petersburg Times, Sep 9, 1998
A new private school using educational concepts promoted by Scientology founder L. Ron Hubbard is scheduled to open today downtown....

Chipman downplayed the school's ties to the Church of Scientology, which has its spiritual headquarters in Clearwater. She said some students come from non-Scientology families.
(...snip...) "

Linked from the following site:
http://www.apologeticsindex.org/an981002.html

"You must conceal all crimes of your brother Masons...and should you be summoned as a witness against a brother Mason be always sure to shield him. It may be perjury to do this, it is true, but you're keeping your obligations."

Hmm... I wonder if there's any question which could be used to identify people in such societies? Something to the effect of "[Other than your marriage vows] are you subject to any oath or covenant which could be violated by your giving truthful testimony here or in any other U.S. court? A yes answer should not disqualify a witness if the identified oaths are not ones which would affect testimony in the extant trial, but asking the question broadly may be necessary to make lying chargeable by perjury.

To clarify: suppose that in a criminal case the witness and the accused are members of the Purple Elephant League, and have sworn not to give testimony against other league members. The witness could truthfully say that he does not believe he's taken any oath that would affect his testimony in the present case if he does not expect to be asked any questions whose truthful answering would violate his oath. So proving perjury would require proving that he expected to be asked such questions--a potentially difficult task. By contrast, if asked the open-ended question, he would have to identify his Purple Elephant League membership and, in case he new it, that of the defendant. Such memberships and oaths could shed doubt on his credibility.

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