Governor Seeks New Trial Over Brain Damaged Woman's Wishes

Tampa Bay Online ^ | November 19, 2003 | Vickie Chachere

[sweetliberty]

Gov. Jeb Bush fired a volley of legal shots Wednesday at the husband of a brain damaged woman who is at the center of a right to die case, saying there needs to be a jury trial on whether Terri Schiavo wanted to be kept alive artificially. The governor also sought to remove Pinellas Circuit Court Judge W. Douglas Baird from hearing the constitutionality of the new law enacted to keep Terri Schiavo alive after her feeding tube was removed last month. In yet a third legal filing, the governor argues that Terri Schiavo's rights under the Florida Constitution are being protected, not violated.

Terri Schiavo went for six days without food and water after her husband Michael Schiavo removed her feeding tube. Florida lawmakers and Bush intervened, enacting a hastily drawn law that allowed the governor to order the feeding tube be reinserted.

Michael Schiavo has challenging the constitutionality of the governor's action. He contends his wife had said she did not want to be kept alive artificially before she suffered severe brain damage in 1990. Doctors have ruled she has been in a persistent vegetative state since, but her parents believe she is aware of her surroundings and could be rehabilitated.

Bush's attorney Ken Connor said a jury has to establish what Terri Schiavo's wishes were before a court can decide whether her private health care wishes were violated.

George Felos, Michael Schiavo's attorney, could not immediately be reached for comment.

[nicmarlo]

Its real easy to make other people pay the cost for your moral stances, isn't it?

We do it everyday, helping murderers appeal with their public defenders, don't we? And I'm not in a rage; I just find people like you revolting.

[shhrubbery!]

Doctors have ruled she has been in a persistent vegetative state

Doctors have ruled ???

Gosh, I know some doctors have a high opinion of themselves, but this reporter thinks they rule. Jeez.

I know, I know, Ms. Cachere at least is not calling Terri "comatose" anymore, like she used to. But she still can't keep her bias from showing.

[Chancellor Palpatine]

I have no intention of being a burden on my family like Terri Schiavo has been, so I'd be silently screaming for release.

I won't be joining you.

[pollywog]

Meaningful communication? Sure.

You really are a disgrace!! Yes, winking for someone who cannot speak IS COMMUNICATION!! You have stirred my dander!!! I HAVE A DEAF/AUTISTIC/DEVELOPMENTALLY DELAYED 25 year old SON. HE CANNOT SPEAK, HE HAS LIMITED ABILITY TO COMMUNICATE WITH HIS HANDS. DO YOU SUGGEST THAT WE HAVE HIM " PUT DOWN"??????

YOUR SICK......and YES I'M SHOUTING!!!!!!!!!

[Chancellor Palpatine]

Get over yourself. Its not about you or him.

[Diva Betsy Ross]

What, now there is some problem with purple rage? That is th only thing that gets me up in the morning....I am looking forward to the day when it is PC to be dedicated to and rady to fight for life, liberty and the pursuit of happiness for all people.

[Republic]

Lucky for you then, that you can trust your family. Would you, as Terri, trust MS-say if he had beaten you to a pulp? Course we don't know this for a fact-for some strange reason (and perhaps you could shed some light on this), MS if filing to keep Terri's BONE SCANS forever locked. Gee. Interesting. Why no show them to the parents, debate them, and release all suspicion, if nothing is there. Why hurt the family? Why keep ANY medical records SECRET from her parents? Perhaps you have a really good reason for this to be done. Such cruelty, to people who raised her, and have known her since her birth, vs a man who was married to her for four years, is inexplicable. Cruel. Strange. And laden with hate.

[Diva Betsy Ross]

Polly, it is about you and me and even those like PC, who take their freedom for granted. Indeed they ride on the backs of all freedom fighters, because they are too scared to fight themselves. Don't let him bug you.. we have always had hangers on, like this guy. He isn't important.

[sweetliberty]

"I don't get the ping thing"

It just means that your name is included in the "to" field and will show up on your "my comments" page as posts to you to call your attention to a thread or post. If you want, I will add your name to my regular Terri ping list.

[Chancellor Palpatine]

He's litigated over the scans before - that issue is closed, been subject to an appeal, and is over.

They're not going to go back into them.

I have another great idea - why don't you simply have Jeb make a decree that from now on, every major family decision must also have the approval of one's parents in law, regardless of adulthood or competence. That way, everybody can know up front that their lives can and will be micromanaged via one's inlaws.

That is what you are asking for Michael Schiavo.

[Krodg]

I think this is a GREAT standard to promulgate.

I agree. There is no greater fight to bring to the public's awareness than the 'right to life'. This is a right that can never be regained. The most hedious criminals are given a trial but that right isn't given to our most helpless. The helpless are at the mercy of those, like yourself, who say they wouldn't want to live 'that' way. This is not your life..make your decision..put it in writing..but don't speak for the rest of us.

When I started following this case, I fought for Terri because of the injustice and I still agree with that. However, through this I've grown closer to God and I believe my life is His to give and take, and so is Terri's.

Say what you will..it won't dent my faith and I may or maynot answer. :-)

[sweetliberty]

Night nic.

[MainFrame65]

No, efficiency versus life itself is a loser every time. The jury would only be required in cases where there was no agreement within the family. And I see nothing wrong with establishing a mechanism for review of judicial determinations of fact that could could deprive someone of life.

The case for killing Terri Schiavo is morally bankrupt without a new evaluation by qualified people without the existing investment in the outcome, that all of the involved parties currently have. Any argument that her husband wants her to die because he loves her is negated by how he lives today. He could just walk away, but I believe he fears what might be discovered about her.

My position is that a new evaluation is needed, due to the failure to provide the promised therapy, the conflict of interest of her husband, the absence of evidence of such a choice by Terri, the incompetence and arrogance of the judge, and the conflicting views of all of her natural family. But right now, with a life at stake, I don't trust what has been decided or what has been done, and I reserve judgement.

I have read your posts on this topic, and while I have no idea why you have taken your position to kill her, you seem convinced - although evidence for your position is no better than for mine. If at this point you believe you have all the facts, and this is really your considered and final judgement, I would genuinely fear having you on a jury.

I have no desire to argue the point further, so if you have nothing new to offer, I suppose our conversation on this is finished - at least, until I have new evidence.

[Republic]

This person is a liberal.

An enemy of the heart or a gamesman who enjoys taunting over an issue so close to the hearts and souls of those who 'get it', that he or she deserves not our time anymore.

This person seems intellectually dishonest, purposefully cold and lacking in compassion. A very hurt life jumps out here...basking in attention and enjoying a game...acting like a true sociopath might behave.

God Bless you for your love and concern, for the tenderness and understanding you show daily to your son, for seeing in him, the hope the Schindler's so hold for their daughter.

This person cannot be a FReeper in the FReeper tradition...FReepers, if anything, value life above death, and view inconvenience as a challange, not something to be trashed.

Let's ignore this person...something is deeply amiss there.

[CindyDawg]

My healthy little granddaughter didn't take too well to being born and she might not have made it back then either. I am very grateful that she was born during a time when medical knowledge was available to help her. That said, Who knows what would have happened to Terri? I guess a lot would have depended on her caregivers.

[shhrubbery!]

Thanks for posting the docketing notice.

I can't figure out which court this was filed in, though. Anybody know?

[sweetliberty]

"Doctors have ruled ???"

And even that should read some doctors have "ruled" and it should be qualified with: more doctors do not believe she is in a vegetative state, since there have been more who don't than do.

[CindyDawg]

I'm glad you feel that way because I have seen posts where it seems people are saying that they want her to die because they would not want to live like that. I'm glad you would want Terri to live if she wanted to. We aren't that far apart here.

[Diva Betsy Ross]

I don't know if he is a liberal or not, but I know he is deeply troubled. He is a self described fence sitter. He is here just to rile everyone up. He does that on every thread I have seen him on. I have never seen him take the conservative stance. IMO, he doesn't have a family.

Best to ignore him... he thinks he is some sort of expert, but he barley understands the technicial function of the government in this county , how laws are made, or what the Constitution has to do with this case.

[Shethink13]

The precedent-setting case of Estelle Browning involved a woman who had two written wills establishing she did not want to be kept alive artificially. There were no family members disputing that was her choice.

Besides the fact that being provided food and water isn't exactly what any reasonable person would call "artificial".