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To: general_re

What is the purpose of your detour into semantics? Fired, dismissed, discharged, etc. Is there a point to stressing nuances of verbal definition instead of acknowledging broad facts?

Fact: For most of her subjection to life and death decisions Terri did not have a guardian ad litem although the law entitled her to one. This is analogous to a judge's decision that an incarcerated defendant has no need of the court-appointed lawyer provided for by the law.

Fact: The Schindlers repeatedly and unsuccessfully requested that a GAL be appointed and demonstrated adequate need for one. This is analogous to a judge's refusal to grant a defendant's request for counsel.

Fact: All motions to deprive Terri of a GAL came from her guardian, the very person whose ambitions the law seeks to check by means of an independent GAL. This is analogous to the President's requesting that the Judiciary dismiss the Legislature as an unnecessary party to safeguarding the people's interests.

Fact: On a motion by Felos Judge Greer dismissed the initial GAL after he advised that aspects of Michael Schiavo's guardianship were potentially detrimental to the ward's interests. This is analogous to the mayor's dismissing the police for uncovering corruption in the city council.

Fact: Judge Greer did not address the GAL's legitimate concerns but, instead, made it impossible for him to continue pressing for a resolution. This is analogous to a judge's exonerating the defendant by dismissing the prosecutor.

Fact: Judge Greer did not appoint another GAL despite the unresolved issues raised by the first one, but declared himself Terri's de facto guardian ad litem. This is analogous to a judge's dismissing the defendant's lawyers and declaring himself to henceforth be both judge and defense.

Fact: When subsequent to signing Terri's Law the governor mandated the appointment of a GAL, the court severely reduced his scope from that envisioned by the law and predetermined the duration of his office. This is analogous to a judge's limiting the defense to a single item of his own choosing and then barring it from the rest of the proceedings.

Fact: Judge Greer turned a blind eye to Michael Schiavo's failure to file legally mandated guardianship papers for three consecutive years and in other years found a single word sufficient to satisfy legal requirements for the equally mandated guardianship plan: "None." This is analogous to the Judiciary's telling Congress to not insist on proof that the President was duly elected and to pay all bills without requiring a detailed budget from the President.

Fact: Despite the conflict of interest pinpointed by the first GAL, and despite Michael Shiavo's manifest dereliction in guardianship requirements Greer saw no need for the guardian ad litem intended by the law exactly for such contingencies. This is analogous to the Attorney General's failure to convene a grand jury despite evidence presented by the FBI that points to an ongoing criminal operation in government.

There is plenty more that can be said about Greer's unbelievably mercenary refusal to have Terri's interests be safeguarded in court by an independent GAL, but if what I cited does not strain your immunity to fact then you may as well continue indulging in a pastime of semantic nitpicking. Toward what end you would want to take such a course is beyond me.


2,875 posted on 04/02/2005 5:31:57 PM PST by terrasol (The fool is not who does not know, but who gives up a chance to grow)
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To: terrasol
Fact: Judge Greer turned a blind eye to Michael Schiavo's failure to file legally mandated guardianship papers for three consecutive years and in other years found a single word sufficient to satisfy legal requirements for the equally mandated guardianship plan: "None." This is analogous to the Judiciary's telling Congress to not insist on proof that the President was duly elected and to pay all bills without requiring a detailed budget from the President.

Where is the evidence for this? It is in direct violation of Florida Law and is justification for the guardian's removal.

Florida law as it is now---

744.367 Duty to file annual guardianship report.--

(5) If the guardian fails to timely file the annual guardianship report, the judge may impose sanctions which may include contempt, removal of the guardian, or other sanctions provided by law in s. 744.3685.

744.3685 Order requiring guardianship report; contempt.--When a guardian fails to file the guardianship report, the court shall order the guardian to file the report within 15 days after the service of the order upon her or him or show cause why she or he should not be compelled to do so. A copy of the order shall be served on the guardian or on the guardian's resident agent. If the guardian fails to file her or his report within the time specified by the order without good cause, the court may cite the guardian for contempt of court and may fine her or him. The fine may not be paid out of the ward's property.

More due process violations.

2,876 posted on 04/02/2005 5:51:01 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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To: terrasol
What is the purpose of your detour into semantics?

My detour? I think not. By my count, that is the fourth time on this very thread that someone has insisted to me that the guardian was "fired". And that insistence is invariably deployed in support of some variety of conspiracy theory, whereby the supposed "firing" is taken as "evidence" that the system was somehow illicitly manipulated, by Michael Schiavo, by Judge Greer, by some vast conspiracy that is now encompassing the county ME, and so forth and so on.

If I am arguing semantics, sir, it is because words matter, and I refuse to sit back and allow otherwise well-meaning folks to manipulate the language into becoming something it is not. You want an "acknowledging of broad facts"? Then bring me facts, not attempts to weasel your way into an otherwise unsupported conclusion by exploiting the ambiguities of language.

2,879 posted on 04/02/2005 6:47:31 PM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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To: terrasol; AndrewC
*bump*

Thanks for the polite and informative input on this thread.

2,881 posted on 04/02/2005 7:40:03 PM PST by Cboldt
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