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

[tutstar]

I'll tell you pollywog, if you've ever felt like you were fighting a battle spiritually, so to speak, when the power of evil was so strong you could feel it in the air. So thick you could cut the air with a knife. That's how I feel with this. We have a horrible situation for Terri to be in, so called "Christian" leadership in the state re Sen. King who could really care less about her IMO. He is on the record stating that he will address no bills which will "affect his legacy".
He's more concerned about his own petooty.
Then we have a string of judges who are not only just as bad but probably worse. I've been earnestly praying the Lord will let me know exactly what to do so that my efforts will be productive. I've also been asking questions of some with experience and knowledge in what I hope to do. Please pray that what I think can be done, may and will be done. If so it will not be easy.
I'm really fed up with the attitude of certain legislators, state and federal. They have forgotten they are there to represent us!! If we don't hold them accountable things are going to get worse and not better. We have got to pay closer attention to what bills they are working on and prayerfully consider the outcomes. We must help inform the masses. If one woman managed to get prayer thrown out of school, imagine what thousands of who us are concerned enough to speak up can accomplish.
Onward Christian Soldiers!!

[tutstar]

I'm telling you!! Do they not teach English and common sense in law school? DUH!!

[pollywog]

If one woman managed to get prayer thrown out of school, imagine what thousands of who us are concerned enough to speak up can accomplish. Onward Christian Soldiers

You are SO RIGHT tutstar! God's Word is filled with what happened for rightousness sake by a single , determined , God fearing individual!! Goliath was downed by David and 5 stones. Thousands were fed with a gift from one lad. There is evil out there pressing in on Terri, and I have been burdened from the day I learned about this case for Terri and the cause of rightousness!! It is plain EVIL, and WRONG!! You are right.......ONWARD CHRISTIAN SOLDIERS.....

[cyn]

You've got that (and more) right! Good night . . .

[Micavaga]

744.3725 Procedure for extraordinary authority.--Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must:

(1) Appoint an independent attorney to act on the incapacitated person's behalf, and the attorney must have the opportunity to meet with the person and to present evidence and cross-examine witnesses at any hearing on the petition for authority to act;

(2) Receive as evidence independent medical, psychological, and social evaluations with respect to the incapacitated person by competent professionals or appoint its own experts to assist in the evaluations;

(3) Personally meet with the incapacitated person to obtain its own impression of the person's capacity, so as to afford the incapacitated person the full opportunity to express his or her personal views or desires with respect to the judicial proceeding and issue before the court;

(4) Find by clear and convincing evidence that the person lacks the capacity to make a decision about the issue before the court and that the incapacitated person's capacity is not likely to change in the foreseeable future;

(5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person; and

(6) In the case of dissolution of marriage, find that the ward's spouse has consented to the dissolution.

The provisions of this section and s. 744.3215(4) are procedural and do not establish any new or independent right to or authority over the termination of parental rights, dissolution of marriage, sterilization, abortion, or the termination of life support systems.

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When MS moved Terri to hospice, he did things backwards, didn't he? He moved her and then asked the court's approval of the move, correct? Considering Judge Greer gave the approval, he has never met Terri (right?), as required by law (see above) in regards to this:
744.3215(4) Rights of persons determined incapacitated.--Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:
(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393(Developmental Disabilites), chapter 394 (Mental Health), or chapter 397 (Substance Abuse).
According to the definitions under "Mental Health", it is defined as: 18) "Mental illness" means an impairment of the mental or emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, which impairment substantially interferes with a person's ability to meet the ordinary demands of living, regardless of etiology. For the purposes of this part, the term does not include retardation or developmental disability as defined in chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment.

And, can anyone find anywhere in the statutes anything that gave Greer the right to authorize funds from Terri's trust for legal fees? This is the only thing I can find:
744.397 Application of income of property of ward.--

(1) The court may authorize the guardian of the property to apply the ward's income, first to the ward's care, support, education, and maintenance, and then for the care, support, education, maintenance, cost of final illness, and cost of funeral and burial or cremation of the parent, spouse, or dependents, if any, of the ward, to the extent necessary. If the income is not sufficient for these purposes, the court may authorize the expenditure of part of the principal for such purposes from time to time.

(To me, even if she is PVS, that is not a "final illness".)

[Micavaga]

"[ Was Terri ever a patient at the hospital where Michael Schiavo works? If not...] "

If I'm not mistaken, MS works at Morton Plant Hospital, which is the same hospital that Terri is taken to whenever there is an emergency.

[RGSpincich]

All of the alleged violations by Greer that you cite should be presented to the JQC. (right?)

[Micavaga]

Can anyone, or only Florida residents, file a complaint with them?

How I wish I was in Florida! I feel helpless sometimes being up here in VA.

[tutstar]

BINGO

[iowamomforfreedom]

"If I'm not mistaken, MS works at Morton Plant Hospital, which is the same hospital that Terri is taken to whenever there is an emergency."

Well, I'm not so sure about this. I don't believe that Morton Plant is the one he works at, but I may be wrong.

Besides, it wouldn't matter:

"...... A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward..."

[Micavaga]

Ahhh, but the appointment came before the employment, so at the least, one could wonder if there was a conflict of interest then and should have been asked and answered by MS.

[iowamomforfreedom]

Yes, well, the conflicts of interest count is so high I've lost track. Greer isn't really big on asking MS the hard questions, it appears.

But there are a couple of questions I'd like to ask Judge Greer. Such as: why are you sitting on the bench sentencing people to death when you didn't qualify to be on the ballot last election? And: why did you refund a campaign contribution you never officially received?

I sure hope somebody is looking into those issues.

[Shortstop7]

I would like to see more also.......I think they are just incredible.........

[Shortstop7]

I know the feeling.......I wish there was more I could do also........

[nicmarlo]

But there are a couple of questions I'd like to ask Judge Greer. Such as: why are you sitting on the bench sentencing people to death when you didn't qualify to be on the ballot last election? And: why did you refund a campaign contribution you never officially received?

I sure hope somebody is looking into those issues.

Actually, if my memory serves correctly, I seem to recall there are at least several individuals checking into these, and other "discrepancies," and filing notices/papers concerning those discrepancies with the proper agencies/authorities....

[iowamomforfreedom]

"and filing notices/papers concerning those discrepancies with the proper agencies/authorities...."

Good.

I just can't believe that with all these laws that have been shown to be broken: guardianship laws, neglect by a guardian, strong evidence of abuse, now it may be possible that the judge is not a judge -- all these govt officials down in Florida think they can just ignore their duty of office, ignore the oath that they took when they were elected, and not even "look into it", just amazes me.

I hope this is something they can't weasel out of.

[nicmarlo]

I hope this is something they can't weasel out of.

As do I!

[nicmarlo]

Now, it's way past my bedtime (2:44 a.m. here). See you soon....say a few prayers....God is still in control! : )

[iowamomforfreedom]

Yes, past mine too.

G'nite nic.

[msmagoo]

The rumor that Judge Baird has been replaced is confirmed - Judge Nellie Khouzam is now handgling ALL Baird's cases! Baird is now hearing cases in criminal court.

This is from an email I received today:
ALL of Judge Baird's cases, INCLUDING the suit by Michael Schiavo v Gov Bush related to the Terri's Law, challenging its constitutionality, HAVE been transferred to Judge Nelly Khouzam. This information came directly from Judge Khouzam's assistant. Judge Khouzam is known to be a "by the book" tough, but fair judge.

For a little about Judge Khouzam see:

"Diminutive judge sits tall behind the gavel"
Northpinellas St Petersburg Times 12/29/2002

The court is NOT explaining why the judges were suddenly switched, except to say that "judges rotate from time to time." We believe it might have something to do with:

Local PINELLAS COUNTY COURT BAILIFFS AND COURT EMPLOYEES WERE TAKING BETS ON WHETHER TERRI WOULD DIE OR NOT!!!

It was widely reported that Judge Baird made reckless and prejudicial comments in support of Greer and Felos and against Jeb's lawyers way before he had heard the evidence from the Governor's attorneys.

In other words, Judge Baird's comments are the likely reason local Pinellas County employees were doing "inside betting" that the local Pinellas County Judges would back each other's poor and constitutionally illegal decisions against Terri's constitutional rights and thus overrule Jeb Bush and Terri's Law.

The 6th Circuit Judges are upset to have anyone tell them they are morally and legally wrong...... whether it's constitutionally illegal or not to murder Terri.

Conducting inside betting on the case is a severe violation of the code of conduct for court employees! Whether that is, or is not, the reason the judges have been switched, the very important change in judge can be extremely significant to what happens to Terri. We are hoping that Judge Khouzam will give the Gov a fair hearing in the case and allow the discovery he sought (which was denied by Baird). If Judge Khouzam allows some discovery as requested by Gov Bush, it could make all the difference!

You heard it here first!

Ron Panzer
President, Hospice Patients Alliance
http://www.hospicepatients.org