Prosecutor Reaffirms Governor's Authority Under State Criminal Laws to Prevent Death of Schiavo

US Newswire ^ | March 26, 2005 | Dan Costanzo

[FairOpinion]

To: National Desk, State Desk

Contact: Dan Costanzo of the Thomas More Law Center, 734-827-2001

ANN ARBOR, Mich., March 24 /U.S. Newswire/ -- Former prosecutor of Jack Kevorkian, Richard Thompson, reaffirmed Thursday morning the authority of Florida Governor Jeb Bush to utilize state criminal laws to prevent the death of Terri Schiavo. Pointing to two legal memos prepared by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, which were delivered to Governor Bush in October of 2003, Thompson again urged Bush to launch a formal criminal investigation into the facts surrounding the disability of Schiavo.

Copies of the letters sent to Governor Bush can be viewed at http://www.thomasmore.org

The two letters dated October 15th and 16th point to the constitutional authority of Governor Bush to order the Florida Department of Law Enforcement to investigate violations of criminal laws. The letters cite a number of facts suggesting Terri Schiavo is a victim of domestic abuse and neglect, and may be a victim of domestic violence. Furthermore, the letters point out that officials from the Florida Department of Children and Family Services have the authority to enter the premises where Schiavo is currently being held and remove her if they believe that medical care is necessary to avert a likely risk of death or serious injury.

The October 15 letter concludes that a growing number of facts establish probable cause to "conduct a full criminal investigation of the circumstances surrounding the disability of Ms. Schiavo. To date, the facts of this case have not yet been viewed through the lens of a criminal investigation. Shamefully, the government's investigatory resources have not been brought to bear on discovering the truth in this case."

Speaking Thursday, Thompson once again urged Governor Bush to launch a formal criminal investigation and remove Terri Schiavo from the custody of her current guardian. He further indicated that the consent of Schiavo's guardian is not necessary to obtain custody of Terri. Thompson also offered the assistance of attorneys from the Thomas More Law Center to assist the Governors staff if needed.

The two legal opinions were prepared and delivered to Governor Bush in October of 2003, after Schiavo's feeding tube was removed. Bush through his aides requested the legal counsel at the time, but instead chose to work with the Florida legislature to pass emergency legislation to prevent the death of Schiavo.

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at 734- 827-2001 or visit our website at http://www.thomasmore.org/

[Aria]

The polls.....he'd be going against the polls.

[Mad_Tom_Rackham]

The polls and the press have cajoled Jeb and George Bush into submission. It's over.

[dufekin]

Only Judge Greer (or President Bush, by declaring a state of insurrection in Florida or by declaring Terri Schiavo an enemy combatant) can save Terri Schiavo. Judge Greer has tied the Governor's authority, and he has decreed--and the Florida Supreme Court has upheld--his authority over Gubernatorial powers. Judge Greer is the Supreme Law of the State of Florida (at least in his district), even if his official title may be unflattering. Remember, Judge Greer rules by fear; no one defies Greer, lest they lose their personhood and die of dehydration.

[ARCADIA]

The polls, like all polling results, were manufactured. They are absolutely meaningless. The original one included questions like "is Terry S suffering from PVS". Since when is the average person, nor or most qualified neural specialist, able to answer that without ever having seen any information on the patient?

A real leader shapes the polls, a worthless one is enslaved by them.

[alloysteel]

"Greer is probate judge only"

That brings up the question, how come a probate judge is making all the decisions of recognized importance here? Until Terri is declared dead, as in heart stopped beating, probate would not be entered. Persons with even very low brain function, a "persistent vegetative state", are not technically dead, and even though Terri may be intestate at this point, probate could not legally proceed. Her estate, the funds set aside for her rehabilitation and domicilary care, as awarded in a malpractice suit, is subject to Michael's administration as trustee of the account. Is this how the probate judge backed into this case?

There was a skit from Monty Python, where the dead bodies during the time of the Black Plague were being picked up. One of the bodies spoke up and said, "I'm not dead!" Whereupon the collector took a club and gave the poor wretch a crack on the head, which apparently solved the dilemma.

[1Peter3v14]

Jeb has no intentions of doing anything "controversial". He held a news conference notifying the world that the state had the authority to take Terri. Seems as if he only did it because he knew the judge would see the conference and order the police to prevent it. That gave Jeb a way out of doing something "risky".

[FairOpinion]

You are totally wrong on that.

Jeb has done EVERYTHING, that he THINKS he has the authority to do -- which may be less, than what he actually could do. He has a lot of legal staff working basically day and night to try to find something.

I personally think that he could have done more, but I think his advisors advised him that his options were more limited, than they actually are.

Another very important consideration is that the left is just waiting to pounce, if he would even do the slightest illegal action and they probably would pursue criminal action against HIM and the rogue Florida judiciary would convict him.

[ClancyJ]

Probably because they are following the laws they set in place to further the death culture in Florida. Does Jeb make the raid to have them not follow the laws in place?

[Harry Jones]

no judge required just do it....

fs415.1051

2) EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the department has reasonable cause to believe that a vulnerable adult is suffering from abuse or neglect that presents a risk of death or serious physical injury to the vulnerable adult and that the vulnerable adult lacks the capacity to consent to emergency protective services, the department may take action under this subsection. If the vulnerable adult has the capacity to consent and refuses consent to emergency protective services, emergency protective services may not be provided. (a) Emergency entry of premises.--If, upon arrival at the scene of the incident, consent is not obtained for access to the alleged victim for purposes of conducting a protective investigation under this subsection and the department has reason to believe that the situation presents a risk of death or serious physical injury, a representative of the department and a law enforcement officer may forcibly enter the premises. If, after obtaining access to the alleged victim, it is determined through a personal assessment of the situation that no emergency exists and there is no basis for emergency protective services intervention under this subsection, the department shall terminate the emergency entry. (b) Emergency removal from premises.--If it appears that the vulnerable adult lacks the capacity to consent to emergency protective services and that the vulnerable adult, from the personal observations of the representative of the department and specified medical personnel or law enforcement officers, is likely to incur a risk of death or serious physical injury if such person is not immediately removed from the premises, then the representative of the department shall transport or arrange for the transportation of the vulnerable adult to an appropriate medical or protective services facility in order to provide emergency protective services. Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others. If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent pursuant to subsection (4) before the vulnerable adult may be removed from the premises, unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation. The department shall, within 24 hours after providing or arranging for emergency removal of the vulnerable adult, excluding Saturdays, Sundays, and legal holidays, petition the court for an order authorizing emergency protective services. (c) Emergency medical treatment.--If, upon admission to a medical facility, it is the opinion of the medical staff that immediate medical treatment is necessary to prevent serious physical injury or death, and that such treatment does not violate a known health care advance directive prepared by the vulnerable adult, the medical facility may proceed with treatment to the vulnerable adult. If a person with legal authority to give consent for the provision of medical treatment to a vulnerable adult has not given or has refused to give such consent, examination and treatment must be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the emergency medical condition or to stabilize the patient pending court determination of the department's petition authorizing emergency protective services. Any person may seek an expedited judicial intervention under rule 5.900 of the Florida Probate Rules concerning medical treatment procedures.

AND IF GREER's A PROBLEM

then there's

415.1052 Interference with investigation or with the provision of protective services

[skr]

The following is what I've just e-mailed to Pres. and Gov. Bush, concerning separation of powers:

Separation of powers is equal to checks and balances. It's time to restore the executive and legislative branches to their equal status with the judicial branch, particularly when rogue judges ignore the spirit and intent of the law. Not only Terri's life is at stake, so are all like her, inconvenient, disabled and unable to speak for themselves. Please don't allow our state to become a murderer of innocent, defenseless people!

Perhaps you have read this before, but just in case you haven't, it's a good reminder of what your upholding of the state and federal constitutions entail:

From http://www.professorbainbridge.com/2003/11/deference_to_le.html:

“…Andrew Jackson, who wrote in his message vetoing the Second Bank of the United States:

If the opinion of the Supreme Court covered the whole ground of this act, it ought not to control the coordinate authorities of this Government, The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve.”

There is no "right to die" in the U.S. Constitution. Is there one I'm not aware of in the Florida Constitution? If not, both her Federal and State rights are being violated in an egregious way. It's time to restore these rights to Terri Schiavo and to the rest of us. God will only bless those who righteously obey Him, and He is the only Judge whose opinion matters. Which judge are you willing to defy?

Sincerely,

---

[isrul]

I don't think he supports this judicial homicide. He just won't take any action that would jeopardize his fantasy of being elected to higher office. He's a politician.

What did we do? All of those who say they support Terri, who work for any govt. in any capacity could have gone on strike (call in sick) the moment that tube was removed. That would have had an effect. It could bring both the state and country to a standstill. The truly dedicated could have begun a complete fast outside the hospice the moment the tube was removed. That would have shown the world what dehydration really looks like.

I'm not condemning anyone when I was not willing to step up and risk my livelihood or health in an attempt o soften the hard hearts of mammon. True, both are extreme measures. but we can't just sit back and expect our leaders or even God to act. Sometimes we must act. Failing that we , at least, must not judge.

[McGavin999]

Greer is not the only one, Florida Supreme Court decided the state didn't have the authority to step in.

[McGavin999]

Isn't the Florida attorney general a liberal? Seems to me he is because he's the one who went after Rush.

[Humal]

I would like to see MS hit in the pocketbook for this if no other way. He & Terri were awarded somewhere between 1.2 and 2.4 million dollars (I've read both figures) for her care and therapy, yet there has been no therapy. She has been on Medicaid. Isn't that defrauding the government? Get the IRS and insurance auditors in to see how much he has paid toward her care compared to what it has cost. Also, not really sure if this is true or a rumor, but heard he has a $5 million dollar book deal in the works after she dies. There have been judgments before prohibiting a person from profiting from a situation.

[Para-Ord.45]

Yup.

Jeb Bush = Pontias Pilate

J.B. " This woman has committed no crime.But if you want to kil her,go ahead."

[ARCADIA]

He has a lot of legal staff working basically day and night to try to find something.

I can respect what you are saying. But, this is not a legal issue. It is a purely political issue. Jeb should be out on the streets, standing in front of that hospice, presenting the facts as he and we knows them, and demanding that the people of Florida and of the United States grant him and us the mandate to remedy this wrong. The only way to gain that support is by personally taking charge. These courts have to be corrected, and they have to be put on notice that what is at risk is nothing less then their legitimacy.

I expect no less, from Jeb, from George, and from anybody else who actually cares about the future of this country. One day is all that it would take; for the informed citizens of this land, to flood every telephone bank, at every level of government, in every state of this union, demanding that this criminal trangression be righted; and, that those who created it be brought to swift justice.

[Humal]

Florida's Attorney General, Charlie Crist, isn't a liberal IMO. The Palm Beach attorney's office was the one who went after Rush.

[FairOpinion]

"Isn't the Florida attorney general a liberal? Seems to me he is because he's the one who went after Rush."

Evil has taken over for years, and we never noticed it.

Now if Terri were a terrorist, I am sure they would be prosecuting anyone who dared to put a panty on his head, but since Terri is merely an innocent person, she needs to die. How horrible the liberal philosophy is!

[Noachian]

I think this Terri Schiavo affair will come back to bite Jeb Bush.

Jeb is more cautious like his father, and certainly not as bold as his brother. Jeb is beginning to look like Jimmy Carter giving excuses for failure instead of acting on principles for success.

What Jeb should be doing is saving a dying woman first, and worrying about the consequences later. That's leadership. At this point I can't see Jeb as presidential material.

[FairOpinion]

I bet MS will have a book deal, a movie deal and probably Greer will too.

It is beyond belief that this could happen in the 21st century in the USA.