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.

[sweetliberty]

"I'll just bet that pile of sh*t HINO never thought he would be up against the powerful office of the Governor of the State."

Not to mention all us right wing fanatics at FR (and a few other places).

[Micavaga]

sweetliberty, could you please add me, too?

Thanks!

[msmagoo]

I love it!

Hip - hip - hurrah!

[pollywog]

Get over yourself. Its not about you or him.

You are WRONG. Terri's case is about ALL OF US...laws are in the making Chancellor. You should know THAT much.

[sweetliberty]

Sure.

[msmagoo]

Fabulous post! Thank you :)

[sweetliberty]

"Uh, no, Felos was busy convincing the etherplasm that the walls have a right to holes"

ROTFL!

[Graymatter]

Everyone's worried that Greer will rule in MS's favor again, this time about the bone scan.
I take heart from a statement Greer is reported to have made on Nov. 22, 2002:

"The court concludes that while it might be interesting to pursue the issue of trauma as it may have occurred almost 12 years ago, that has nothing to do with Theresa Marie Schiavo in 2002."

The sentence in full is very discouraging, yes. But isolate this: "while it might be interesting to pursue the issue of trauma..."

This is more encouragement than most folks get from a judge ruling against them. In an offhand way he is implying that the Schindlers ought to pursue the issue. Saying that from the bench must have sent an awful chill down Schiavo's spine.

[pollywog]

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.

Thank you No More Gore Anymore. I recognize CP has no real value on human life. It just hurt me terrible to see his comment to Cindydawg about her winking not being communication. You have to raise a handicapped child to fully comprehend. Our George communicates. OH NOT like our other children. He has NO words. He only has looks, and a few words that he can try and sign language.Yet, to us , he is valuable. Some day we will know just why God allowed him into our lives. For now, we just love and accept his gift to us. Himself.

[lonevoice]

She's a human being and a child created by God in His image. How dare you be so despicable!!

Despicable people become that way by not having the capacity to see that they are despicable. I could feel sorry for such people if they weren't so destructive to the innocent lives of those around them.

[sweetliberty]

"Connor cited statements the judge recently made saying that Terri Schiavo's rights are being violated"

Keep in mind that Baird was making the assumption that Terri's rights are being denied because she isn't being killed (yeah, I know it's sick reasoning). But looks like Connor is saying, okay, let's talk about Terri's rights. Cool. This is a good thing. But what I want to know, is who gets to make that determination as to whether to grant the new trial.

[RobbyS]

Wow. Bush is really serious. He seems to be personally involved in this.

[sweetliberty]

"How will this new filing by Jeb Bush, affect MS's request in getting the bone scan reports sealed??"

I don't imagine it will make any difference. That is a separate issue. If it is excluded from the guardianship proceedings (which would be a travesty in my opinion), I don't think that would have any bearing on whether or not it is included in the case involving the governor.

[fiesti]

I want on the jury !!!!! Oh heck I am in Hillsborough County

[fiesti]

He was busy punching holes in walls. Oh wait, he doesn't look manly enough to do that when he's mad.. I bet he just punches pillows.

think he even too sissy for that probably just weeps in them like Scott Peterson weeps in his blanket in jail LMAO

[pollywog]

Everyone's worried that Greer will rule in MS's favor again, this time about the bone scan. I take heart from a statement Greer is reported to have made on Nov. 22, 2002:

"The court concludes that while it might be interesting to pursue the issue of trauma as it may have occurred almost 12 years ago, that has nothing to do with Theresa Marie Schiavo in 2002."

I guess it is all in how you look at it.(cup half emtpy/half full)

You can take that statement and conclude that Greer is acknowledging the possibility of trauma in regards to the scans, but he then concludes with the statement " that has nothing to do with Terri in 2002"...so wouldn't you then have to say by this added comment/ruling he is saying " so what, it doesnt matter"? I am hoping tomorrow will prove you right. I PRAY SO....with all my heart.

[sweetliberty]

"Do you know when Michael filed to block the bone scan?"

I don't know for sure when it was filed, but it appears that the Schindlers are planning to have the radiologist who conducted the bone scan deposed and THAT is what the HINO is trying to block is his deposition, with the feeble claim that the bone scan had already been dealt with (choosing to ignore is dealing with?) in previous proceedings.

[KDubRN]

Everybody knows the bone scan results. Media has them. Docs have seen them. What's the point in selaing them now?

[pollywog]

I want on the jury !!!!! Oh heck I am in Hillsborough County

I want on the jury too!! Bummer that they don't call up jurors from Los Angeles!

[KDubRN]

There you are. I thought you went into hiding.