Terri Schiavo update: Judge Baird's is OFF case.

Hospice Patients Alliance ^ | 1-5-04 | Ron Panzer

[cpforlife.org]

This is a Hospice Patients Alliance Special Update Jan 5, 2004, sent out periodically to inform the public about news affecting hospice and end-of-life care.

We have just confirmed that 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 http://www.sptimes.com/2002/12/29/NorthPinellas/Diminutive_judge_sits.shtml

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 hear first!

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

[Lauren BaRecall]

Has there been any update as to who actually has the case?

[m4629]

....."I'd remember, in order to levy criminal charges, there must be evidence. So far such evidence seems to be lacking."

The reason is for this is precisely because there has never been a true criminal investigation to begin with.

To be technical, evidence is NOT required to initiate a criminal investigation, only Probable Cause is needed. There is more than enough of that in this case. Not only that, there is enough hard evidence as it stands pm top of a whole pile of circumstantial evidence.

So far, McCabe's lame excuse for not conducting a criminal investigation according to the Schindlers is that supposedly the Statute of Limitation on Wife Abuse has expired since the alleged crime took place in 1990. But that's hog wash.

If indeed Terri was a victim of physical abuse in 1990, then she as Eye Witness as well as Material Witness (her body) should override the Statute of Limitation due to the fact that she is Unable to lodge a complaint, not Unwilling to do so within the time span. And, since the next of kin (MS) is the likely suspect, this should count as additional merit in favor of an investigation now, however much delayed.

While the original assault causing Terri's collapse may have been unintentional, subsequent acts to pull her feeding tube could certainly qualify for attempted murder (twice), which Statute of Limitation does not apply. It is a serious violation of office not to initiate investigation with all the available information as it stands. This applies to Jeb Bush even, he does have the power to order an investigation.

At the very minimum, McCabe should convene a grand jury and let them decide. That should be interesting if it happens, where any juror can ask questions and Mikey will be on the stand alone without Felos even allowed in the room.

It is not uncommon when parallel investigations are being conducted. In addition, a criminal investigation always trumps any civil matters regardless of whatever the court orders, when there is sufficient Probable Cause.

[Ohioan from Florida]

I love your post and hope for the same as well!

[drlevy88]

If indeed Terri was a victim of physical abuse in 1990, then she as Eye Witness as well as Material Witness (her body) should override the Statute of Limitation due to the fact that she is Unable to lodge a complaint, not Unwilling to do so within the time span. And, since the next of kin (MS) is the likely suspect, this should count as additional merit in favor of an investigation now, however much delayed.

"Why, what a piece of hogwash. MS as her duly established legal representative could have lodged a complaint against himself!" [sarcasm, but this makes about as much sense as the rest of the kill-terri drive]

[supercat]

If indeed Terri was a victim of physical abuse in 1990, then she as Eye Witness as well as Material Witness (her body) should override the Statute of Limitation due to the fact that she is Unable to lodge a complaint, not Unwilling to do so within the time span. And, since the next of kin (MS) is the likely suspect, this should count as additional merit in favor of an investigation now, however much delayed.

I would further posit that if there was a possibility that later actions were committed with the intention of covering up earlier crimes, then even if the crimes themselves could not be prosecuted under the statute of limitations, they could if proven help to prove criminal motive for later actions whose statute of limitations has not yet elapsed.

If evidence could be produced to show that Michael Schiavo had reason to believe that evidence would eventually come to light that would land him in prison unless Terri died first, that could very likely convince a jury that his earlier attempts to kill Terri constitute attempted murder most foul.

[Lauren BaRecall]

Thank you! :o)

[Budge]

Way to go russesjunjee!

Your 197 says it all!

[iowamomforfreedom]

Ohioan, I had this site bookmarked: http://zimp.org/documents/. It has a lot of documents on it. I'm not sure if what you are looking for is there, but there may be some stuff you haven't seen yet.

It looks like more has been added since I bookmarked it; I haven't gone through it all yet.

[daylate-dollarshort]

All of this information has appeared here at FR together with the supporting documents.

1. The knee info is contained in the Hospital record which was posted to this site and can also be found in the documents available at terrisfight.org

2. The FDLE info was also posted to this site and was (and presumeably still) available at the St. Petersburg Times.

3. The midline reference is made in the police report and is available at the terrisfight.org site. The officer obtained this info from the hospital.

4. See the police report.

5. To my knowlege the ER did not contact law enforcement. According to the record, emergency services contacted law enforcement soley because of the age of the victim. It is considered unusual to find a person as young as Terri suffering a cardiac arrest. This reference can also be found in the documents from terrisfight.org.

As I said above, all of these documents have been posted here at FR. I have revealed nothing new. All of these facts are well known and some of us have tried to point them out before. I posted info that Terri's potassium level was below 2.7 mEq/L (the lowest level considered to be within normal limits) upon admisssion and was viciously attacked on these threads. One attacker was an "official" with the Terri's Fight organization. When the Hospital pdf was made available, it indicated that the potassium level was actually less than 2.0 mEq/L despite the protestations of the "Terri organization".

[daylate-dollarshort]

This was part of the Hospital record posted here at FR. I cannot dissect the pdf but I will quote from it for convenience. If you will pull up the discharge summary, it is on the last page.

Diagnostic Imaging

RIGHT KNEE:
AP AND LATERAL VIEWS:

The bones comprising the right knee are intact with no fractures, dislocation or other abnormality.

IMPRESSION: NO BONY ABNORMALITY
(I have added the underline emphasis)

I do not intend this as a criticism, but many here in their enthusium and well-intentioned zeal, look but do not see.

[floriduh voter]

UPDATE THIS A.M. SORRY, NO TIME TO FORMAT IT. Schiavo's family urges reinstatement of independent guardian By Associated Press January 7, 2004

CLEARWATER — The family of a severely brain-damaged woman urged a judge to reappoint an independent guardian in the case to protect her from her husband, who they say wants her dead because he is engaged to another woman. In a court filing Monday, Terri Schiavo's family also asked Pinellas-Pasco Chief Circuit Judge David A. Demers to let guardian ad litem Jay Wolfson determine whether Michael and Terri Schiavo's marriage can be dissolved and to let him oversee swallowing tests to determine if she can eat on her own. Demers discharged Wolfson Dec. 17 after the court-appointed advocate filed an investigatory report he was appointed to do. Gov. Jeb Bush and Terri Schiavo's family have now asked Demers to reinstate Wolfson so he can continue to monitor the situation and gather more information. Michael Schiavo, who is Terri's legal guardian, opposes the reappointment. His attorney, George Felos, said in a filing Monday that Wolfson already completed the investigation. Felos also said Demers lacks the authority to reappoint Wolfson. Michael Schiavo denies a conflict of interest and says he is just carrying out his 40-year-old wife's wishes not to be kept alive artificially. Felos sued Bush after a bill hastily passed by the Legislature in October gave the governor authority to reinsert Terri Schiavo's feeding tube after her husband had won court permission to have it removed so she could die. The law violated Terri's constitutionally protected right to privacy, Felos contends. A judge's decision on that issue is on hold while an appeals court sorts out some related procedural matters. Michael Schiavo has battled his in-laws, Bob and Mary Schindler, for years to get court permission to withdraw the feeding tube. He convinced a judge that his wife had made statements that she would not want to be kept alive artificially. The Schindlers dispute that their daughter had any such end-of-life wishes and believe her condition could improve with therapy. Terri Schiavo collapsed in 1990 at age 26 when her heart stopped from what doctors believe was a chemical imbalance.

[floriduh voter]

The teacher's turn before the School Board was on public access television. Was that painful to watch. She's so bright and they said that since she was on probation, they didn't have to give a reason why they fired her. LEGAL LOOPHOLES AND LIBERALS = the perfect match!

[floriduh voter]

Felos affectionately known as goat boy.

[floriduh voter]

You said it! The de-bunkathon isn't hurting Terri's fight a bit.

[floriduh voter]

Good freepers, we've had no response to #197. Someone comes up short and it's not you guys.

[Future Useless Eater]

Outstanding post 197, thanks russesjunjee

Goat boy's mini-me grows smaller and smaller
despite his debunkathon.

[daylate-dollarshort]

"I find it very odd that just now, when people are finally starting to see how far the conspiracy to kill Terri goes…that the miraculous “daylate” shows up and launches an all out de-bunkathon against Terri’s supporters on Free Republic.'

Your wasting your time here. None of us are impressed by your “I know all about the courts” mumbo jumbo. For all we know you are a member in good standing of the George Felos corn flake club. Or maybe your side is getting a little desperate and your just trying to pump Terri’s supporters for information?"

I normally try to avoid ad-hominem attacks, however this just ain't your day.

You are the Johnny Come Lately, not I. I have posted to the Terri threads for months. You on the other hand have logged what, 15 posts now? Hmmmmmm....who is it that really 'just showed up'? The great crusader from Tennessee?

By the way, maybe I missed it, but who appointed you spokesman for the Terri posters here? As far as I'm concerned, after reading all of your fifteen posts, you are nothing more than a pusillanimous little piss-ant without an original idea or thought and woefully behind the curve regarding the facts, non-facts and arguments in the Terri issue.

I note that you claim to be a teacher. If so it would appear that you are one of the problems in the educational system. I would suggest that as a teacher, you would be well advised to take an elementary spelling and grammar course. Your syntax and spelling- especially or possessive pronouns- is atrocious considering your claim to be a teacher.

[daylate-dollarshort]

"To be technical, evidence is NOT required to initiate a criminal investigation, only Probable Cause is needed. There is more than enough of that in this case. Not only that, there is enough hard evidence as it stands pm [sic.] top [sic.] of a whole pile of circumstantial evidence."

If there is such evidence I would appreciate your opinion of what it is.

[wisconsinconservative]

[daylate-dollarshort]

“The bone scan was discovered in 1991, just a little over a year after Terri's initial collapse. Well, MS still very much needed Terri to get the big money at that time. Now, if he had nothing to do with the bone injuries, wouldn't you think he would scream bloody murder or gross negligence and start another lawsuit to go after another big pile of money?”

I think you are mistaken here. I believe that the bone scan was performed in 1991 but “discovered” by the Schindlers sometime later. Further, I don’t know that the bone scan was or was not introduced in the malpractice trial, but one thing is clear, the defendants in the malpractice suit certainly had the medical records which included the bone scan.

Bear in mind the original civil trial jury saw no red-flag on MS trying to kill his wife as it is evident today, but just the opposite, looking at him as a hard luck case, so in all probability the Deep-Pocket theory was their focus instead of possible criminal behavior of the husband. Therefore your assertion that there was a jury who dealt with this bone injury business is absurd.

I would seriously take issue with your assertion that MS “trying to kill his wife as it is evident today”. What evidence are you alluding to? All I see is so far is rank speculation, allegations and assertions. All the bone scan reveals is an abnormal accumulation of calcium that could be from a number of conditions, including osteoporosis. Additionally, In the post that you are responding to, I never said nor did I imply that the jury either considered, make any determination, or otherwise “dealt with this bone injury business”. Your characterization “[t]herefore your assertion that there was a jury who dealt with this bone injury business is absurd” is itself absurd.

”If you have info that this bone scan was indeed presented to the original civil jury D-D, then I'll challenge you to bring forth this information to us now. By default, if you fall silent, I'd take it that this is not the case, which validates the Schindlers' statement that this never came out and therefore possible criminal aspect was never considered in the first place.”

I have addressed this above. You are making assumptions that the bone scan is “proof “ that MS attacked and brutally beat Terri Schiavo on the morning of her collapse. It does not, however if it somehow can be twisted in to such “proof” how do you explain the complete absence of visible evidence of such a violent and ferocious beating? A beating of such magnitude that it breaks both ankles, both knees, a femur, her sacroiliac, vertebrae in her back, vertebrae in her neck ad fractures her skull without so much as leaving a mark, much less a bruise, on her body. Not one person at the time contemporaneous with Terri’s collapse reported any visible injury, not even Terri’s own brother or her own parents.

It just could be that the "bone scan did not come out" because it produced no evidence that Terri's condition was a result of any beating and was irrelevent to the cause of her collapse and subsequent brain injury.