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

[ruoflaw]

I know what they said but your arguement comes up lame... she had a living will and Terri didn't. I understand how the court hears and decides a case. I do have a back ground in law enforcement. George Felos is an officer of the court and as an officer of the court, he has a code of ethics to follow and an officer of the court should be sane.

[daylate-dollarshort]

"As a matter of fact, when Terri was in Morton Plant Hospital with pneumonia before they tried to starve her, hospital staff was using eye blinks to communicate with her."

When asked to provide a cite for this "fact" your only response is:

"People talk. Thank God".

If that is your response then name the people who talked.

This gossip is garbage and you full well know it. Not one doctor from either side of this situation has made this statement. Not one document has been published describing blink communication. No one, from the Schlindlers to Terri's Fight.org, has even intimated that Terri is able to communicate via eye-blinks except your buddy "russesjunjee" who you describe as being so "pivotol" [sic.] She also has been posting this and the other three falsities all over the net. Did she talk to you...or did you talk to her?

If, on the other hand, this eye-blink communication were true it would be the defining moment in this conflab. It would be the story of the year- maybe the decade. It'd plastered across the front of every newspaper, magazine and periodical in this and every other nation, not to mention the cable news channels and FR. There could be no doubt about whether or not Terri is cognizant. Case over.

If you have the source of this "fact" you have a moral, if not a legal, obligation to reveal it to the Schlindlers, Terri's attorney and the Sixth Circuit. Not to reveal this fact will make you responsible for Terri's death.

Or could it be that you're lying?

[daylate-dollarshort]

You can disagree with it if you want. That is your right. However it is the law of this case and it is specific re absence of a living will.

[FR_addict]

Well, I think we're a little off track. We are using precious energies responding to posts that are obviously in favor of MS. Our responses change nothing.

I wish I could be in Florida to help with the rallies, etc. However, I can write and call people on Terri's behalf (as can others not in Florida). I rely on posters who have news updates and email addresses. I have written more than once to your public officials to let them know that people outside the states are watching intently and spreading the word. I have also written the major networks shows to request focus on Terri's case.

How will we know what the progress of Terri's case is without you super cyber sleuths. It's definitely not in the media.

Anyway, I don't mean to be a wet blanket, I just hope we are still activating on Terri's behalf outside of FR. She has been denied the basic treatment any severely disabled individual deserves. If we can get that message louder than the "right to die" message, I think there is hope. Sorry to be so long.....I'll hush now.

Well said and worth repeating!

No matter what facts are pointed out, the "right to kill" folks could care less about the overlooked facts in this case.

It sounds like the rally was a big success as far as attracting the media today.

[ruoflaw]

I do disagree. Terri's life should not be decided by heresay. MS wants her to die...he has proven it over and over again ever since the money was awarded for her care and rehabilitation...and the Judge just thought it was fine to starve her to death so the Legislature wrote a law that even Greer could understand and could not ignore. It is the job of the Legislature to pay bills and to write laws and it is the Judges job to make rulings using those laws to guide them. Now, you can argue that but you will be wrong...and you never did answer my question

[floriduh voter]

No new evidence is allowed in and we're definitely not lying. I don't need to reveal any of my sources to you. What's it feel like to be losing?

[daylate-dollarshort]

"...it is the Judges job to make rulings using those laws to guide them."

And that is just what the judges in this case did. Terri's law was passed after the Court's decisions were handed down. I believe that it will be found unconstitutional.

Terri's law violates the constitution's separation-of-powers clause, the ban on ex post facto laws and the prohibition against enacting special laws. It also sets a perilous precedent for allowing the governor and Legislature to overturn court rulings they don't like.

Article 2, § III of the Florida Constitution states that the powers of the government should be divided into the legislative, executive and judicial branches. "No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein."

Terri's Law is also a violation of 14th Amendment due process rights to liberty.

[floriduh voter]

ANOTHER REPORT FROM THE 49TH ST. PROTEST: The demonstration was a success. Well over 25 showed up and all had made some neat signs.

No! Bernie did not show his face even though we did ask for him to come out to speak with us. We will ask again tomorrow.
Three local TV stations showed up and hopefully, we will have more come out tomorrow.

Thank you Gordon Watts for driving all the way from Lakeland to support Terri. You can Visit Gordon's website at The Register reports on Terri Schiavo & other top stories, incl. 2002 FLA Election problems not reported in "mainstream" media.

A special thank you to little XXXXXX for holding our sign for the disabled.

Thank you all for participating. We are hoping to see some of our other local volunteers tomorrow. Please! :-)

Pictures of the demo will be forthcoming,

[floriduh voter]

You had to be there and obviously, you weren't.

[daylate-dollarshort]

How's it feel to have lost all credibility?

[floriduh voter]

Wait until world net daily puts their two cents in. The betting on Terri scandal has also taken hold. Betting on Terri further prejudices her and that cat's out of the bag.

[Lauren BaRecall]

Ok, let's see what happens with this.

BTW, another thing to remember is that Greer is still sitting on the Guardianship case. You know, the one he scheduled for when Terri was supposed to be dead after the last tube disconnection. BIG thing to remember.

Felos affectionately known as goat boy.

Oh, could we be anything but affectionate!?! We're not ad hominum people. Far from it! :o)

[m4629]

I'm sorry d-d, but I beg to differ. Honestly, you have missed the crux of my argument in post #193, which is focused on what MS DID NOT do under the circumstances at the time.

....."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."

The Schindlers only learned of the Bone Scan MUCH MUCH LATER as in late 2002 when it came out during the hearing. You have any evidence that they knew about this much earlier?

But let's suppose you were correct and the Schindlers knew about this in the early 1990s, don't you think they would press for explanation and action at that time? Afterall, they were aleady in the middle of a lawsuit so what' the big deal starting another injury suit if someone else other than MS caused those broken bones? Bear in mind MS and the Scindlers "were in it together" at that time, to try to get settlement money for Terri's care, so the Schindlers thought. How do you explain that? Unless of course, MS indeed was hiding this information from them as they claimed because he was protecting the culprit (himself?) I'd be curious to hear your explanation otherwise.

As to your claim that the defendants had the Bone Scan report, I am very doubtful in this case even tho normal procedure would require both sides handing over relevant information no later than the discovery stage.

Why? Because insurance people don't like to pay out big bucks without first ruling out every little angle that would let them weasel out of a settlement.

If they indeed had the Bone Scan records, don't you think they would ask questions of MS, the Schindlers, the nursing home staff and anyone that's connected to the case? But most of all, don't you think they would at least talk to, or depose Dr. Campbell Walker? He is the radiologist who did the exam and wrote the report.

Lo and behold, wouldn't you know it, Dr. Walker did in fact get deposed, but not back then. It was on Friday, November 21, 2003, by Pat Anderson, despite ferocious objections from Felos and MS. Dr. Walker did have much to say. So, put on your seatbelt d-d. You may wish to revise your opinion about the Bone Scan.

......."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."

I have the same question as you did above. But, that's not vindication for MS, far from it.

You see, as a close family and regular visitors of Terri, the Schindlers didn't notice that either prior to the Bone Scan in 1991. Yet, the broken femur etc were there! How do you explain that d-d? Did the nursing home staff miss something? Afterall, they were caring for Terri and had close contacts. How could they have no clue with all them broken bones? Conversely, is it also possible that the ER staff at the time of collapse missed these injuries during the confusion?

Regardless of the circumstances of how the broken bones happened, MS was playing kissy face with the Schindlers up until Feb 1993 and he kept this from them. Why?

Since we have medical personnel in this loop, I'd like their opinion on what kind of treatments were needed for Terri's broken bones and, more importantly, how long would that take. And where are the medical records for these treatments, if in fact they were performed?

d-d, I never said the Bone Scan by itself is Proof that MS beat her that night in 1990 and was the cause of her collapse. No Sir. What I am saying is MS has a big problem not disclosing this while being "on good terms" with the Schindlers at that time, before the settlement money came in.

Mind you, I do entertain the possibility that MS might have beat Terri that caused her collapse and the ER people missed critical signs just like the nursing home people might have done before getting the Bone Scan.

....."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."

Does your above statement make any sense? According to your own declaration as an investigator, WHY didn't the Defendants even ask questions about the Bone Scan if they had it? If you worked for the Defendant, wouldn't you want to ask the Schindlers If & When & How they noticed anything that might alert them to Terri's broken bone injuries? And more importantly, WHY wasn't another injury lawsuit filed? That would be expected of MS. Wouldn't you want to dig up something critical? I await your answer as an experienced investigator.

To your credit tho d-d, I must say you never did challenge my stance that there is sufficient Probable Cause regarding MS as a suspect. For that, you might consider helping MS by calling for a criminal investigation and, since he doesn't have anything to hide, he just might enjoy the benefit of not getting burnt by Double Jeopardy after running its course.

[FR_addict]

Good post.

[FR_addict]

Dr. Hammesfahr is interesting. Thanks for the link.

[ruoflaw]

ref your 267...no they did not let the law guide them... they depended on "he said,she said"...heresay. I also disagree on your separation of powers argument...I think Terri's law may be constitutional....however, it probably doesn't have a snowball's chance in hell with all those liberal Judges and lawyers. I think the Legislature wrote the law to protect Terri because they felt her rights had been taken away from her and that the Judge was not using their prior laws as guidelines. I also disagree with your 14th amendment argument.

[FR_addict]

The caller on now is telling us some new information about the electrodes implanted in Terri. He called the doctor who did the implantation and he said the doctor said it was a research project and there was no money for a follow-up. The caller said this would have been strictly forbidden in Florida law for a guardian to engage in a research project.

[FR_addict]

Another caller made the point that the doctor who did the bonce scan had an obligation to report the multiple truama to the police and there should have been an investigation then.

[msmagoo]

Caller asked what the condition of the cerebral cortex is...Dr. Hammesfahr saysshe has almost complete brain tissue - IT IS NOT ALL BRAIN FLUID as Feel Lousy likes to tell us. Terri has hydrocephalus which is water pressing on her brain; she needs a shunt to relieve the pressure.

I am so upset to hear once again she has been kept in her room in solitary confinement with no TV, drapes closed, no radio = MS has imposed a regime of psychological TORTURE and mental suffering on Terri.

[FR_addict]

I learned a lot from this interview. I had not heard Dr. Hammesfahr speak before. I am going to send new email to the media shows to interview him. I think he has done the best job so far presenting Terri's case.