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/

[JSteff]

"There's no excuse for their inaction and when Terri dies, they will be morally culpable"

And what is more... the dems will learn from how relatively easily the courts won this battle. They are smart like that, their realm is the press, the courts, and governmental administration.

They will see that despite the win of GW there is still ways they can thwart Bush. This will strengthen them. If Terri dies think that the dems will feel empowered.

This started out as a moral thing and yet the Bush's and republican congress were stopped. They are taking notice.

[Iam1ru1-2]

"Suppose Jeb did go in and save Terri, than the FL Courts would convict him of contempt of court, of overstepping his authority and a dozen other charges, would arrest and convict him and of course grab Terri and pull out the feeding tube again. Terri would still be murdered, and we would lose a great Republican governor and potential president. "

Who has authority over the State National Guards...The State Courts? I think not. It's the Govenor of the state. He who has the guns is the winner.

[ARCADIA]

He who has the guns is the winner.

He who has the people is the winner, and that is not going to be the court, or the Democrats who have so far been doing their best to stay away from this political rat trap.

[Antoninus]

And what is more... the dems will learn from how relatively easily the courts won this battle. They are smart like that, their realm is the press, the courts, and governmental administration.

Absolutely right. Even dogs can sense fear. Jeb Bush reeked of it last week.

[Iam1ru1-2]

I wash my hands of this innocent womans blood.

And the crowd yelled, Give unto us Scott Peterson, Give unto us Scott Peterson.

[Ingtar]

I think that Jeb Bush's hands are tied by the "finding of fact" that states that she wants to die. Unless someone could get that overturned, a near impossibility it seems, there is no way he could take action.

I am sitting here in the firm conviction that she is being murdered and evidence destroyed. But it seems that the other branches of government have given up fighting the Judiciary. I look back at the 2000 election fiasco and the inability to confirm the electors to stop the courts. Too many years of passing on liberal judges and denying conservative judges have set us up for a huge fall.

[Iam1ru1-2]

BUT Nixon was turned in by his own cabinet members. This is totally different. The Judiciary stopped him from rescuing Terri, although they don't have that authority since the Govenor has EQUAL powers, and therefore would have to try Gov. Bush which would not go well with the citizens of FL since he won re-election by a very fovorable margin.

[SweetCaroline]

but I think his advisors advised him that his options were more limited, than they actually are. to STOP!

....AND HE DID!

[ARCADIA]

I think that Jeb Bush's hands are tied by the "finding of fact" that states that she wants to die.

That was hearsay delivered by very questionable witnesses. Not even the USSC will defend that one in a hard nose confrontation.

[carl in alaska]

"I believe that Jeb has the best of intentions concerning Terri Schiavo, but if you look at the results of his actions it's very disappointing. He's way too cautious."

Not only that, but he apparently signed some legislation which he should have vetoed that lead to this horrible spectacle. It may have been a rookie mistake by Jeb or his staff back in '99. (Please see post #57).

[Iam1ru1-2]

Terri Schiavo's care is being financed thru medicade and other federal agencies. It has been stated over and over, and over again that any patient care funded by the federal government cannot be euthanized, starved, deprived of liquids or in any manner treated in a way that promotes death to the patient. So Michael, Greer, and his lawyer are breaking federal law, and should be arrested on the spot, and then send in the feds to take custody of Terri Schiavo.

[carl in alaska]

Well I heard Dershowitz on the radio yesterday talking about this statement from Michael Schiavo. In legal terms, Schiavo's testimony is not hearsay because he testifies to actually hearing Terri make this statement. Hearsay would be a third-hand kind of evidence where he heard someone else say he heard Terri make this statement. The problem I see with M. Schiavo's testimony is his obvious hostility towards Terri and his financial conflict of interest which should have discredited this testimony in a fair court.

[ARCADIA]

Well I heard Dershowitz on the radio yesterday talking about this statement from Michael Schiavo. In legal terms, Schiavo's testimony is not hearsay because he testifies to actually hearing Terri make this statement. Hearsay would be a third-hand kind of evidence where he heard someone else say he heard Terri make this statement. The problem I see with M. Schiavo's testimony is his obvious hostility towards Terri and his financial conflict of interest which should have discredited this testimony in a fair court.

Thanks for the clarification.

[presently no screen name]

Life is precious, embrace it enjoy it use it to give to others



That's what this is all about. Where there is life - there is hope. Never give up. She could get an IV.

I will never say - let her go. Never give in to the powers of darkness. She cried tonight w/her mom and you say let her go she is so dehydrated.

IF SHE IS NOT IMPORTANT enough to continue the fight - NO ONE IS. We are all "throw aways" then.