Terri's Fight - (Daily Thread/Updates)

Various | December 4, 2003 | sweetliberty

[sweetliberty]

(Thread 11) Link back to thread 10 (Nov. 24-30)

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Contained in Thread 10:

Who can be a guardian, 1993 letter from Bob Schindler to Michael Schiavo, Palm beach Post editorial and FReeper response, T'wit's song about Schiavo and Felos, transcript of Lee Webb's (CBN) interview with Kate Adamson, partial timeline of Terri's case, the story of Martin and Anne Shapiro and the report on Terri's birthday party,

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Click on pic for Terri's website

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This thread serves as a place for posting all new general information and references, along with links following Terri's case, plus information on cable news and talk radio shows dealing with the issue, court cases and press releases. This is also the place to post contact information, prayers and general discussion.

If you have something that qualifies as BREAKING NEWS or FRONT PAGE NEWS, please post it on a separate thread in that category in order to give it maximum exposure and then post a link to the article/thread here so that it will be included in the next update of links. Also, if you post links to articles from original sources and there is also a thread on FR, please link to the FR thread. Many original links become corrupt over time and we want to be able to access the information at will.

You will notice that this thread is not specifically dated. That is because we are just going to keep this one going until we have need of another one.

A reminder: please do not post personal information on the public forum. We have lots of folks on scene down in Florida and we don't want them having any problems with the death squad.

INDEX OF TERRI THREADS ON FR

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Latest threads on Terri's Case:

As Terri Schiavo turns 40 next week, her loved ones fight for her life

Suspicious Circumstances, the Strange Case of Terri Schiavo

Schiavo asks Pinellas judge to rule without trial

Michael Schiavo tries to block Gov. Bush

Michael Schiavo Again Seeks to Block New Information About Terri

Why Was Terri Denied Holy Communion?

Terri Schiavo's 40th birthday Wednesday

Florida's Bush gets report on Schiavo

Participate in Terri Schiavo's Birthday, December 3, With prayer, Mass Intentions, Cards and Notes

FR Birthday Card: Greetings, Prayers for Terri Schindler-Schiavo

New Guardian Urged for Terri Schiavo, More Evaluation of Her Condition Needed

The Guardian Speaks: Terri Schiavo's guardian files his report; there's bad news and good news.

Terri Schiavo's Family Celebrates Her 40th Birthday, Hundreds Send Cards

Changes Proposed In Right-To-Die Laws - Your help is needed NOW in Florida!

The Case of Terri Schiavo: The Human Rorschach Test

[a5478]

I wish I were registered in Florida to help get out the vote!

[nicmarlo]

Update: More papers filed today in Pinellas County Court, Schiavo v. Bush

Uniform Case	Pinellas Case	Section	Case Type	Type
522003CA008212XXCICI	03008212CI	020	DECLARATORY	CI
Style:	SCHIAVO MICHAEL
vs.	BUSH JEB
Jury Trial	STIP	NOTH	Reason	Type Disp.
		Y
Filling Date	Appeal Date	Judg. Date	Reop Date	Docket Date
10/21/03	11/14/03
Case/Cat
DECLARATORY JUDGMENT

 

10 Docket Entries, 12/11/03 to 12/08/03

Pages	Date	P/D	Docket Entry	Ver
	12/11/03	DEFENDANT	BY JEB BUSH	F
	12/11/03	DEFENDANT	NOTICE OF SERVICE OF 2ND INTERROGATORIES TO PLTF	N
	12/11/03	DEFENDANT	BY JEB BUSH	F
	12/11/03	DEFENDANT	REQUEST FOR ADMISSIONS TO PLTF	N
	12/11/03	PLAINTIFF	REPLY TO AFFIRMATIVE DEFENSES/DEMAND FOR JURY TRIAL OF JEB BUSH	F
	12/11/03	PLAINTIFF	OF CORTMAN WEBER HENDERSON AND SEKULOW	F
	12/11/03	PLAINTIFF	DCA ORDER: GRANTING ADMISSION PRO HAC VICE	N
	12/10/03	DEFENDANT	IN OPPOSITION TO MOTION SUMMARY JUDGMENT	F
	12/10/03	DEFENDANT	NOTICE OF FILING EXHIBITS TO DEPO OF WILLIAM CAMPBELL WALKER MD	N
	12/08/03	DEFENDANT	PROBATE CASE 90-2908GD-003	F

NOTH	Notice of Hearing
STIP	Stipulation
Ver	Verified: F=Filed, N=Not Filed/Notice. There is no case file document associated with a notice.

[nicmarlo]

Felos has requested of the court that an attorney, from outside of the state of Florida, be able to enter his appearance in this case, as yet another attorney acting on behalf of HINO. In this case, Felos is asking that the attorneys of this Virginia lawfirm be allowed to practice law in Florida:

JAY A. SEKULOW, WALTER M. WEBER DAVID A. CORTMAN, JAMES M. HENDERSON
American Center for Law and Justice 1650 Diagonal Road American Center for Law 5th Floor Alexandria, VA 22314 205 3rd Steet, S.E.

To explain pro hac vice rules for Florida, see this:

Florida Pro Hac Vice Rules
Florida Judicial Administration Rule 2.061 provides as follows:

RULE 2.061 FOREIGN ATTORNEYS (a) Eligibility. Upon filing a verified motion with the court showing that the attorney is an active member in good standing of the bar of another state, such an attorney may be permitted to appear in particular cases in a Florida court upon such conditions as the court may deem appropriate, provided that a member of The Florida Bar in good standing is associated as an attorney of record....

[wisconsinconservative]

I'm confused. Aren't the lawyers you just listed,

JAY A. SEKULOW, WALTER M. WEBER DAVID A. CORTMAN, JAMES M. HENDERSON
American Center for Law and Justice 1650 Diagonal Road American Center for Law 5th Floor Alexandria, VA 22314 205 3rd Steet, S.E.

Aren't they with the American Center for Law and Justice? I thought they were representing Terri's parents in the matter to determine whether Terri's law is constitutional.

[nicmarlo]

Well, all I can say is that it's on the "plaintiff's" entry.....I may be incorrect in my assumptions, but that is what it appears to state.....perhaps someone can clear this up????

[nicmarlo]

please see my post numbers 142 and 143, as pertains to the attorneys cited....would you be able to find out what exactly is going on with these attorneys appearing (apparently) before the court? It seems to me that it is the plaintiff (HINO) who must have filed a motion to allow them to appear??? Thanks if you can help out on this question.

[pc93]

Gordon Watts sues Pinellas Park Police Dept. over Terri Schindler Schiavo matter:

From: Gww1210@aol.com
Date: 11 Dec 05:56 (PST)
To: BMcCabe@co.Pinellas.Fl.us
Cc: BernieMcCabe@fdle.state.fl.us, pc93@Enlightenment-Engine.Net, GordonWWatts@aol.com, Gww12102002@Yahoo.com, Inspector.General@usdoj.Gov
Subject: State Atty Bernie McCabe: correction

Mr. McCabe:

I apologize, but, in my lawsuit, referenced below, I omit any mention of Florida Statutes: (emphasis added) -let me make a correction:
744.3215 Rights of persons determined incapacitated: (i) To receive necessary services and rehabilitation. [comments: the courts have violated this, but this is probably a judicial matter outside your purview]
415.104: (1) The department SHALL, upon receipt of a report alleging abuse, neglect, or exploitation of a vulnerable adult, begin within 24 hours a protective investigation [comments: This matter is within your purview -obligation for its fulfillment rests on your shoulders]

Also, these observations may be useful to you in fulfilling your responsibility: Your lack of action so far, Mr. McCabe, has resulted in two ongoing misconceptions by the general public:
MYTH #1: What happened to Terri Schiavo (for whom I'm filing a "next friend" lawsuit) is legal.
MYTH #2: The Courts ordered this.
FACT #1: Removal of feeding tubes was marginally legal (assuming a correct finding of fact that Schiavo would want so, but that is disputed.) -But, removal of "regular" food and water is, as we point out in our four (4) lawsuits in three courts, referenced below, a violation of mercy killing/euthanasia and assisted suicide laws, and possibly attempted felony murder. (Fla. Stats. 765.309 (1), as defined by 765.101; 782.08; 782.051).
FACT #2: The courts, to my knowledge, have wisely not ordered the withholding of "regular" food and water.

FACT #3: Some members of Pinellas Park City Dept have apparently visited the web site below (we've tracked visitors) and seen the online-posted court briefs, but you should verify these claims by obtaining official court records. That is good, because, if they are to act, they must understand the proper solution to the ongoing problems posed by this dilemma.

Attorney McCabe, I can sympathize with you in your plight of this high-profile case, but your obligation is quite clear, no different than any other case, in which someone is attempting a mercy-killing (such as the Fla. rock band "Hell on Earth" or the well-known Dr. Jack Kevorkian -or, even in which they attempt to enact a mercy-killing of a child or elderly parent).

Lastly, I would like to apologize for not "getting my act together" and sending you these materials, all at one to both your known emails, but it was an oversight on my part. While many other issues are important, this should cover the major weak areas that need attention, now.

Gordon W. Watts

Subj: Mr. McCabe: Our Pinellas Pk Police Dept Lawsuit - DATE: Tuesday, 09 December 200
Date: 12/11/03 7:53:30 AM Eastern Standard Time
From: Gww1210
To: berniemccabe@fdle.state.fl.us

Pinellas Cty St Atty, Bernie McCabe -I didn't have your FDLE email address earlier, but here is your Cc. -regards gw

To: City of Pinellas Park Police Department: (Subj: Our Pinellas Pk Police Dept Lawsuit - DATE: Tuesday, 09 December 2003)
Cc: (Pinellas Cty St Atty, Bernie McCabe; City Manager: Michael Gustafson; Mayor: Bill Mischler; Councilman: Ed Taylor, III; Councilman: Rick Butler; Vice-Mayor:Sandra Bradbury; Councilwoman: Patricia Bailey-Snook; Executive Director Of Investigations Jamie McLaughlin, FDLE; Director of FDLE Commissioner Guy Tunnell; Everett Rice, Pinellas County Sheriff; Fla Atty Gen Charlie Crist; Gov Jeb Bush; Lt Gov Toni Jennings; File copies; Copies to Terri Schindler-Schiavo Foundation, Spokespersons, Megan Dillon and Pamela Hennessy)

Seasons Greetings to you at Pinellas Park Police Department:

I am sad to inform you, but it is my duty: On behalf of enforcing current Florida law, including, but not limited to chapter 765.309 and 782.051, I, as a Florida citizen, am compelled to sue you, and am now doing so in three (3) different venues (courts). According to my records, Priseilla Hallas, of the City of Pinellas Park Police Department signed for my Certified mail on 12-4-2003, this past Thursday, the 4th, in which I served you your copies of the various lawsuits filed against your department. * Copies of the briefs, which I have filed, are available at the various courts (6th Circuit in Pinellas Cty,
2nd Appellate DCA, here in Lakeland, and Fla Supreme Court) -for a fee -and free copies are available online at: http://HomeTown.AOL.com/Gww1210 or http://www.GeoCities.com/Gordon_Watts32313

While I'm sure that you have heard a lot about the "Terri Schiavo case," and I'm sure that you're about tired of it, please let me underscore one important point: When other people are threatened with starvation, at the hands of their parents, children, or strangers, your department rushes in and arrests the perpetrator. Why should you treat Terri Schiavo any different? ** While I do not speak for the family in any capacity, official of otherwise, I note the a State Law was broken and your Dept refused to enforce it, which gives me legal standing to file a mandamus action, among other things -And, with all due respect to the many other hard-working and intelligent lawyers who've jumped into the fray, I'm the only one who's filed any petitions for Habeas or Quo Warranto. However, please understand that if "something happens to me," others, who have seen my pleadings -either online or have been served copies -will continue this legal challenge. (Please note also: While the sheriff’s dept technically has jurisdiction too, I am not suing to compel them to do their "ministerial duties," as they have "secondary" jurisdiction behind your dept. Should we amend our suits to include them?)

So, in conclusion, I would respectfully point out that, if you don't want to go through this, simply do your job: There is already enough evidence to arrest individuals for a violation of the statutes I cite above, and, when the band "Hell on Earth" attempted an on-stage mercy killing -and when Dr. Jack Kevorkian considered plying his trade here, your varied agencies quickly threatened to arrest and charge them with these crimes: The Courts only ordered a feeding tube removed -not "regular" food and water, and even had they done so, those who attempted a mercy killing (or possible homicide, if it is discovered Ms Schiavo did not want removal of her feeding tubes), would be chargeable. ** In fact, should some outsider come into Terri's room and attempt to deny her "regular" food and water, would they not get arrested? So, then, why not arrest and charge her estranged husband, Michael Schiavo and his co-workers, other nurses: "Are they above the law?" ~~~ "Are your officers above the law?"

SEASONS GREETINGS

Therefore, you are at liberty to do as you please, but if you want to ruin your holiday season -and spend a lot of tax dollar$, then let me drag you through the courts -I have nothing better to do. ** But, I would respectfully ask you that you would heed my words: I love every one of you, and don't want to see any harm come to you over the grief that my lawsuits would cause, and don't worry about the potential defendants, Michael Schiavo, et al.: They will be just fine under God's watchful eye. The Generalized Press Release dealing with this matter is posted online at: http://www.geocities.com/Gordon_Watts32313/SchiavoPressRelease.html or http://hometown.aol.com/Gww1210/myhomepage/SchiavoPressRelease.html Arrest, Charge, and Prosecute: Just, let's try to do our job and do these, alright? If so, then good, and if it doesn't work out, then we can go back to the way it was. Just make your best attempt, as all I ask.

PS: Please do not respond to this email address -I only use it for sending official email as it reflects my true name: Only Use the one posed on my press releases per above.

Regards,

Gordon Wayne Watts
Gordon W. Watts
821 Alicia Road
Lakeland, FL 33801-2113

[tutstar]

nic do you remember any of the doc names from the malpractice suit M won after Terri's accident? or where the info was found? It would help if I could locate those.
thanks

[BykrBayb]

Wolfson report confirms Terri is not in a PVS

On page 31 of Wolfson's report, he states "Hours of observed video tape recordings of Theresa offer little objective insight about her awareness and interactive behaviors. There are instances where she appears to respond specifically to her mother. But these are not repetitive or consistent. There were instances during the GAL's visits, when responses seemed possible, but they were not consistent in any way."

According to FL law, if what he says is true, Terri's condition does not meet the legal definition of PVS. FL law does not require repetitive or consistent responses. It does not require that anyone prove she responds at all. It requires proof that she does not ever respond. According to Wolfson, she appears to respond and responses seemed possible. In other words, she does not meet the criteria for a determination of PVS according to FL law. He claims that she is PVS according to a different definition (a commonly accepted medical definition) but not the legal definition, which is the one that counts. If she is not legally PVS, it is a crime to remove her feeding tube.

[nicmarlo]

Yes; the names of the docs are on the Pinellas County Courthouse list of public info. of suits brought by Schiavo. Here's the link to the site: https://pubtitles.co.pinellas.fl.us/login/loginx.jsp?goto=/civil/KEInput.jsp

Follow these steps:

1. Click the button "non-subscriber login"
2. Click it again on the next screen, bottom of the page
3. Click on "Civil/Small Claims Name/Case Lookup"
4. Type in "Schiavo" under "Lookup by Name"
5. The list of suits comes up. Go to the second page of suits, you'll see the doctors names:

a. NEUHARDT ROBERT G MD
b. PRAWER JOEL S M D

You'll also see this suit brought by him:

c. PRUDENTIAL INSURANCE COMPANY OF AMERICA

[nicmarlo]

FYI....this suit is also found under HINO's name on the Pinellas County Courthouse records site:

WATTS GORDON WAYNE vs. PINELLAS PARK CITY FLORIDA

Uniform Case	Pinellas Case	Section	Case Type	Type
522003AP005071XXXXCV	03005071AP	88A	HABEAS CORPUS	AP
Style:	WATTS GORDON WAYNE
vs.	PINELLAS PARK CITY FLORIDA
Jury Trial	STIP	NOTH	Reason	Type Disp.
Filling Date	Appeal Date	Judg. Date	Reop Date	Docket Date
12/02/03
Case/Cat
WRITS - HABEAS CORPU

 

5 Docket Entries, 12/04/03 to 12/02/03

Pages	Date	P/D	Docket Entry	Ver
	12/04/03	PLAINTIFF	PETITION FOR WRIT OF CERTIORARI	F
	12/02/03	PLAINTIFF	MOTION FOR AFFIDAVIT OF INSOLVENCY	F
	12/02/03	PLAINTIFF	PETITION FOR WRIT OF HABEAS CORPUS ETC (RECD BY CLERK 112403)	F
	12/02/03	PLAINTIFF	FAX PETITION FOR WRIT OF HABEAS CORPUS ETC	F
	12/02/03	PLAINTIFF	THIS CASE ASSIGNED BY CLERK TO SECTION 88A BY 3552 - MANUAL APC	N

NOTH	Notice of Hearing
STIP	Stipulation
Ver	Verified: F=Filed, N=Not Filed/Notice. There is no case file document associated with a notice.

[sweetliberty]

What is that about?

[tutstar]

post 147 has the rundown

[sweetliberty]

I'll sure be interested to see how that turns out.

[wisconsinconservative]

It appears that Gordon W.Watts was involved in the 2000 Florida election fiasco.

Look here: http://www.flcourts.org/sct/clerk/briefs/2003/201-400/03-385_ini.pdf

and here: http://www.flcourts.org/pubinfo/election/OrdWatts.pdf

I'm not quite awake yet so I can't tell whcih side he was on. Can anyone figure these docs out?

[pickyourpoison]

It seems Gordon registered on FR today. His poster name is gww1210

[wisconsinconservative]

Anyone know who this guy is????

[Theodore R.]

Is King up for nomination in 2004? He needs to be beaten in the Republican primary.

[a5478]

Kudos to all the research. I sent a letter to Ellen Goodman regarding her op ed regurgitating previous op ed pieces.

I hope Gordon is legit and a valuable voice for Terri's situation.

[nicmarlo]

FYI, update on Schiavo v. Bush, documents filed today:

12/12/03 DEFENDANT--FAX AMENDED NOTICE OF HEARING 121503 @ 2:00
12/12/03 DEFENDANT--MOTION TO CONTINUE HEARING ON MOTION SUMMARY JDMT
12/12/03 DEFENDANT--FAX MOTION EXPEDITE DISCOVERY RESPONSES