Appeals court ruling favors Terri Schiavo's parents

Boston Glob ^ | 1/13/04 | staff

[CFW]

Appeals court ruling favors Terri Schiavo's parents

The Associated Press Published on: 02/13/04

TAMPA, Fla. -- Gov. Jeb Bush and the parents of a severely brain-damaged woman won two appellate court victories Friday in their quest to keep her alive against her husband's wishes.

The 2nd District Court of Appeal ruled that Bush's attorneys will be allowed to question witnesses in the court battle over a law that gave the governor authority to reinsert Terri Schiavo's feeding tube after her husband had it removed in October.

The appeals court also ruled that Pinellas Circuit Court Judge W. Douglas Baird did not follow judicial rules when he denied her parents, Robert and Mary Schindler, the ability to intervene in the constitutional challenge to the law.

The appeals court ordered Baird to hold further proceedings on the issue.

Schiavo's husband, Michael, has been battling the Schindlers in court for years to remove Terri's feeding tube so she can die. He says she would not have wanted to be kept alive artificially.

The Schindlers doubt their 40-year-old daughter, who lives in a Clearwater nursing home, had any such end-of-life wishes and believe her condition could improve with therapy. Their daughter has been in a persistent vegetative state for more than 13 years after collapsing from a chemical imbalance.

[Ohioan from Florida]

If our worth as human beings depends on being a "producer", and on being "useful", whatever that means, then Heaven help us!

Well said, Deo!

One thing though. Anyone (I know you're not one of them) who thinks that Terri is not being productive or useful just because she's brain-disabled and in a bed, no matter the degree of her disability, does not seem to understand her value because she is disabled. I pity those who think Terri isn't being productive or useful in her condition at the present.

[Deo volente]

"her value because she is disabled"



Yes, a VERY good point. Terri Schiavo, truly a victim soul, testifies eloquently to the value of human life, even if she can not speak in the conventional manner.

[windchime]

Bump!

[Budge]

Ah, so there it is! I see you used the Felos term "brain dead" several times.

For your information, only Felos and his tiny band of evil murderers say Terri is brain dead.

Many other doctors dispute this claim! So now, which side would you err on?

[windchime]

Thanks, FL_engineer!

[Future Useless Eater]

Thanks tutstar, for your vote of confidence.

I don't have any significant amounts of Terri stuff 'compiled'. I mainly just read, remember, connect the dots, and dump it all back out here at F.R. There have been others who have compiled lists of every Terri thread on F.R. and its massive. (you CAN however click on my name and find lots of links to Terri stuff I've contributed to)

There were numerous threads around Nov 21st about Judge Baird's refusal to step down despite his obvious prejudicial bias. Here is another thread, that had MANY juicy posts. It ALSO detailed how to report misconduct by judges to the Judicial Qualifications Commission...

The refusal to recuse himself is grounds for an interlocutory appeal. This means an appeal before the case is done. It would be solely on that one issue. While the appeal is pending all other matters are put on hold.
4 posted on 11/21/2003 2:41:31 PM CST by longtermmemmory

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Breaking local news (4pm) in Pinellas that Jeb issued an appeal to have Baird step down.
11 posted on 11/21/2003 3:13:01 PM CST by lilypad

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...it seems that Judge Baird and his ilk are MONSTERS in black robes.
12 posted on 11/21/2003 3:17:58 PM CST by Dixielander

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"UNFIT TO SIT"!
14 posted on 11/21/2003 3:55:48 PM CST by INSENSITIVE GUY

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I'm convinced that these judges would kill Terri with their own hands if they thought they could get away with it. The depth of their hatred for her is palpable.
17 posted on 11/21/2003 4:03:53 PM CST by Bonaparte

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And for fun, checkout Canon 3 of Florida Code of Judicial Conduct, referenced in post 7. Note portions on judicial disqualifications and bias:

A judge must perform judicial duties impartially and fairly. A judge who manifests bias on any basis in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. Facial expression and body language, in addition to oral communication, can give to parties or lawyers in the proceeding, jurors, the media and others an appearance of judicial bias. A judge must be alert to avoid behavior that may be perceived as prejudicial.

E. Disqualification. (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where...
http://www.flcourts.org/sct/sctdocs/ethics/canon3.html

here's another REALLY good one...
Bush Appeals Judge's Refusal to Drop Out of Schiavo Case

[Future Useless Eater]

>>why did he try to get money to take care of her for her estimated lifespan of another 51 years at the time?

Good one! I had forgotten about her predicted lifespan in 1992.

So then why did this human P.O.S. ask another woman to marry him just a few years later, give her a ring, tell all family members she was his new fiancee, and yet somehow "KNOW" Terri would be dying fairly soon???

Also, someone wrote on one of these threads, that he had talked to his wife, and together they concluded that the insurance company was CLEARLY defrauded by Michael, because his actions prove he had NO INTENTION to get Terri any treatment after the jury award. (wish I could find who said that to give him credit)

Now I already KNOW the constant answer around here... "that insurance company is out of business".

But wait! Those POLICY HOLDERS, and STOCKHOLDERS are mostly all still alive. So why couldn't a sharp attorney, seek out 3 or 4 of these persons who were harmed by Michael Schiavo's FRAUD, and start a class-action suit for damages?

THAT would really bring out all the dirt! And it would only take a simple majority of jurors to agree Michael had defrauded the courts and insurance company!

(Then other things like guardianship/divorce would be much easier too!)

There is OTHER EVIDENCE available besides Terri's LACK of rehabilitation. Dr Patty A Shook's comments in Terri's medical chart in 1991 declared:

• Terri NEEDS P.T. 3 TIMES PER WEEK to keep her legs from locking up, and
• Terri NEEDS a SENSORY STIMULATION PROGRAM. Also that
• a sensory stimulation program WAS BEING DEVELOPED for her at that time.

It is obvious from what I understand, that Michael has carefully read those medical expert treatment plans, and that he ORDERED EXACTLY THE OPPOSITE for Terri.

[Ohioan from Florida]

I completely agree with you! I, too, think there should be some way for Michael to be held accountable for insurance fraud. Even though the company is now defunct, you would think that the doctor who he sued could somehow help find the insurance company or something. I'm sure there are some crafty FReepers out there who can look up what the insurance company was, and who the investors were, like you suggested.

Michael did start to order the exact opposite of what was outlined for Terri's rehab. That alone should have disqualified him as her guardian!

I pray for Terri every day, many times throughout, and trust that one day, when God sees fit, He will bring justice for Terri.

[Future Useless Eater]

I think I remember reading an article in the St.Pete Times that Judge Baird will keep Terri's case because he is familiar with it.

Its best to not even wrap fish with the St.Pete Times because that would stink up the fish too much.

By reading both court rulings in full, I think its obvious that Baird messed up big time! He's now looking at being FORCED to hold full hearings, and he must now include the SCHINDLERS as litigants.

Its going to take months, by even Felos own words Friday. This will now demand the judge crosses every T and dots every I, and bases every decision on past precedents.

So far, Baird has only held short quickie sham hearings. I cannot imagine, now that he is removed from CIVIL court, that he can possibly continue. His CRIMINAL court duties cannot afford him spending hundreds of hours on an OLD CASE from his old office ELEVEN MILES AWAY!

I think it would be good to ask Judge Demers to do the right thing, and ORDER Judge Nelly take over the rest of this case NOW. It wouldn't hurt to also mention how disgraceful Florida judges have brought the judiciary into disrepute. (ala Carlie Brucia and Terri)

David A. Demers (Chief Judge)

[windchime]

"I think it would be good to ask Judge Demers to do the right thing, and ORDER Judge Nelly take over the rest of this case NOW. It wouldn't hurt to also mention how disgraceful Florida judges have brought the judiciary into disrepute. (ala Carlie Brucia and Terri)"

Bump!

[phenn]

Define productive. This is a utilitarian position that the pro-euthanasia 'bioethicists' have embraced and it's horrifying. We abandon any social or moral responsibility to our fellow man if they do not meet our perceived requisite of 'quality'. The exact same thinking spawned the eugenics movements in America and in Germany. That caused the segregation and forced sterilization of more than 60,000 'unfit' and the neglect deaths of untold thousands of disabled. The exact same thinking spawned the euthanasia of more than 250,000 disabled patients during the course of the Third Reich's T-4 Programme.

If someone is alive, aware and cognizant, forcing their life to end by a deliberate act of omission is murder. Terri is not dying. She is not terminally ill. She is brain damaged.

If these courts succeed in ending her life, the elderly and disabled in this state are in a heap of trouble.

[amdgmary]

I just contacted several friends of Terri's family to verify if Judge Baird is off of Terri's case. Unfortunately, Judge Baird is still the judge regarding Terri's Law. Judge Nelly Khouzam will not be handling Terri's Law. Judge Baird has indicated on several occassions that he will not give up Terri's Law. The ACLU and George Felos are backing up Baird.

[tutstar]

Don't know if you saw my post http://www.freerepublic.com/focus/f-news/1077477/posts?page=249#249

It is exactly what Hitler espoused! And it is happening in America behind our backs.

[tutstar]

And let's not forget that MS had Terri's wedding rings melted down and made into jewelry for HIMSELF!!

I don't know one single person who has done this even after their spouse died!!!

[nicmarlo]

Ya know, I don't either.....he's viscious and cruel to Terri.

[tutstar]

You're so right about that!!

I bet there may not be one person here who knows someone who or has even heard of anyone doing that!!

He won a ton of money and took her rings. Selfish, coldhearted, etc, etc, etc,

[nicmarlo]

So far, Baird has only held short quickie sham hearings......It wouldn't hurt to also mention how disgraceful Florida judges have brought the judiciary into disrepute. (ala Carlie Brucia and Terri)

Yep.....I completely agree.

[nicmarlo]

And the money he won was really for Terri, to rehabilitate her. He's claiming the reason why he changed his mind, and "remembered" that Terri wouldn't live like this was because it became "obvious" that Terri would never get better.

Faults with that argument:

1. The award money was not conditioned on Terri getting better

2. He's withheld ALL of the money from helping her get better; so, how would one KNOW whether or not she could have gotten better?

[tutstar]

Right! And something I've brought up before but not checked into is the effect of sensory deprivation on Terri. I have been concerned about this due to MS not allowing Terri, pics, outings, therapy, etc.

I found this at the Coma Recovery Association site...

The environmental effects theory refers to the improved performance that is noted in animals and humans when increased environmental stimulation occurs. Hunter 10 cites a number of studies which support the theory. For example, one demonstrated that increased environmental stimulation in rats resulted in greater weight and thickness of the cerebral cortex, 11 and another that it improved performance and increased brain growth in animals. 12 For ethical reasons studies to date have not been carried out on human subjects, however instances where humans have suffered sensory deprivation have been studied and in most cases serious neurological deficits have resulted. 13 Alternatively, a study of institutionalized children found that those who received increased visual and motor stimulation developed skills such as reaching out and grabbing much quicker than those who had not received the stimulation. 14 Increased stimulation may therefore result in increased ability and brain size. It causes activation of collateral sprouting which in turn absorbs the extra space available and causes a reorganization of the brain's activity.

[nicmarlo]

Sensory stimulation has been studied tremendously on human infants, especially premies......it has LONG BEEN scientifically proven that lack of stimulation has, if not led to a premie's death (some of the earliest study completely withheld any stimulation from a premie...I don't think these kinds of studies are allowed any longer), certainly negatively/retarded the premie's growth and development. Any HOSPITAL nursing ward would have staff well-trained in this, not only from college.