Posted on 03/25/2005 7:44:28 AM PST by MindBender26
New legal avenue to challenge Michael Schiavo attempts to cause wife’s death.
In 2003, the State of Florida codified the State’s approach to Do Not Resuscitate Orders, (DNROs.) DNROs are signed, notarized statements, from a patient, that direct physicians and emergency workers to NOT perform CPR on them. They are frequently used by older patients.
The form is a simple specific state-issued one page document. This state-mandated form prevents the need for an EMT to try to determine the authority or validity of some 20 page lawyer-drawn document while the potential patient is gasping for breath.
The DNRO itself is not an issue here because this is not a question of CPR, and the law was enacted in 2003, after Terri’s accident.
What is meaningful here, and it might be crucial, is the wording of the enabling statute dealing with the revocation of a DNRO by the patient. The DNRO may be revoked “at any time” by the patient “by orally expressing a contrary intent.” (765.104 Florida Statutes) The statute says no specific words are required, just “orally expressing a contrary intent.”
Michael’s entire case hangs on the allegation, upheld by the court, that he, Michael, must speak for Terri, as she cannot speak for herself. Do not Terri’s current verbalized statements indicate that she is “orally expressing a contrary intent” to the killing process.
Clearly, 765.104 Florida Statutes speaks to the Legislative Intent in dealing with the rights of seriously ill patients, especially patients who have limited communication ability. In addition, it clearly indicates the Legislative Intent to side in favor of preserving life, even where the patient has expressed a prior desire to not preserve life under extraordinary circumstances, if they desire to reverse that decision by “orally expressing a contrary intent.”
I am not a FL licensed lawyer, so cannot come in on a FOOC petition, but someone might want to run this past her lawyers.
Exactly.
Florida's bigamy statute would be struck down as unconstitutional, on the grounds that it violates the Constitution's right to privacy, which, of course, does not exist. It would criminalize a consensual private sexual relationship just because the 2 people are not married to each other. Now, if he married the other woman, he might get prosecuted, but even that is in question now that we have legal sodomy and homosexual marriage.
Furthermore, why hasn't someone filed a complaint years ago, if it was as simple as that?
bump
Now that your tagline has brought up the issue, I do see a parallel between the Deathocrats and the Captial One commercials. :-)
"Deathocrats"... interesting new name for the 'ol RATs. It fits.
The same judges will hear it or even refuse to hear it.
It's done.
Do not Terri’s current verbalized statements indicate that she is “orally expressing a contrary intent” to the killing process.
What verbalized statements are you speaking of?
Well said, Tonk. Bump
I haven't read that article but if the whole thrust of the article is that the nurse claims that MS actually said that then it becomes hearsay evidence. He said/she said. No charges can be filed if that is the case.
However, let's take it a step further, please.
Let's assume that MS gave a press conference with ABC, CBS, NBC, CNN, MSNBC and Fox cameras taping him and all of the microphones pointed at him. He then looked straight into the camera and asked, "When is that bitch going to die?"
Please tell me which crime has been committed, if any.
Wow! Now THAT suggestion is certainly new to me!
Something along those lines just might work! Have her arrested for some obscure reason!
Wow again!
It doesn't matter if she is or isn't PVS. It's not up to the courts whether someones quality of life has value
The problem with your argument is as follows. It does matter whether she is PVS or not because this whole case is based on the notion that she did not want to be kept alive in such a condition.
Who would be able to file charges?? Jeb Bush? U.S. Congress? Would a private citizen have standing to do this?
One of Terri's nurses, Carol Iyer, went to the police and filed a report years ago and the next day she was fired. No police investigation resulted. She has an affidavit on file. Other nurses have filed affidavits to the effect that they considered Michael abusive and unfit as guardian based on his actions toward Terri and his orders to them. Greer dismissed them as incredible. There's a bone scan report, suppressed for years, that suggests, according to many, that at some point early on Terri was the victim of some serious trauma. An ex-girlfriend, Cindy Shook (who had a year-long relationship with Michael while the malpractice suit was going on), had to be subpoenaed against her will and in her deposition, she said she was afraid of Michael and that he stalked her for months. DCF was called a number of times but until Gov Bush got involved recently, no investigation was forthcoming. FDLE investigations have also been stymied inexplicably.
There have been complaints all along about the fact that Michael has not only withdrawn all therapy, but has denied her every bit common decency like sunshine, pictures, family visits, flowers from well-wishers and ever leaving her room.
None of this has ever gone much of anywhere.
Any legal eagles out there know if a Writ of Habeas Corpus would help?
As I understand the law, who can file charges is not the issue.
The issue is that someone has to file a complaint first for the legal process to start.
Who is going to file a complaint?
"It's not me they will answer to. It's God."
Exactly, Tonk-The same God to whom you and I will also answer. George and Jeb have stopped short of sacrificing the rest of their lives in defence of Terri's precious, God given life. We have too.
We too stifle our natural urges to forcefully remove the Lady from the grasp of the sonovabitches who's total reason for existance right now is dedicated to ending the existance of this innocent young woman.
We have been programmed, tonk! Do you realize that if the MSM was taking Teri's side as they should be- and Teri was held captive in some other country and being deliberately starved to death by a corrupt Judicial system, against the will of her family whom is willing to take full control and responsibility for her care-the line of volunteers willing to give their all in a rescue attempt, would be very, very long.
The slugs in this case is only one of three, supposedly equal branches of government, that has decided that it is the master of the other two branches-though the others were elected by the people to two, four and six year terms, while they the judicial branch, has been appointed for life.
Opposing any decision by the black robed tyrants, guarantees that the dissentor will be branded an outlaw, by the loonie left and their MSM, from whom their power is derived.
Those who fail to recognize the enemy, continue to shoot themselves in the foot until they either run out of toes or ammo.
PING
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