Posted on 05/26/2005 5:50:28 PM PDT by CHARLITE
A federal judge who declined to review the lawsuit Terri Schaivo's parents filed to prevent her painful 13 day starvation death may have had a conflict of interest.
Federal District Court Judge James Whittemore of Tampa was charged by Congress to take up the case and issue a temporary restraining order preventing Terri's death. He refused. However, it appears Judge Whittemore, who became the subject of condemnation from Congressional leaders after his decision, possible should have recused himself from the case.
Whittemore served in the 13th Circuit Court of Hillsborough County, Florida from 1990 to 1999. According to a report in the Empire Journal newspaper, one of the attorneys who formerly represented Terri's estranged husband Michael had recommended him for that position.
Michael's former attorney, Constance McCaughey, had been a member of the 13th Circuit Judicial Nominating Commission which suggested Whittemore for the circuit court position.
According to the Florida Bar Association, McCaughey served on the judicial nominating commission from 1988 to 1992. She was named commission chairman in 1991.
Not only did McCaughey formerly represent Michael, she is the ex-wife of Michael's current attorney, euthanasia advocate George Felos.
The Empire Journal reports that McCaughey joined Felos' law firm in 1997 and helped Michael win a decision allowing him to use the money intended for Terri's medical care and rehabilitative treatment for hiring an attorney in his bid to end her life.
She also helped Michael win guardianship of Terri and assisted him in filing the petition to remove her feeding tube. McCaughey represented Michael until she divorced Felos in 2001.
President Clinton later nominated Whittemore for the federal judgeship.
Whittemore twice went against Congressional legislation that required halting Terri Schiavo's painful starvation death. The measure also allowed Terri's parents to have a complete federal hearing on the merits of their lawsuit, which Judge Whittemore also ruled against.
The chance that Terri was given by the Congress was blundered away in one of the most stupid pieces of lawyering anyone could ever hope to see. Whittemore committed the unpardonable sin of ruling on the case that the Plaintiff brought. For this he is vilified six ways from Sunday. But if you actually look at the case Plaintiff brought, you think, "How could anybody be that stupid? The lawyers threw the whole thing away!" |
I have hon, and that's why I call it slander to accuse the Judges and the attorney of murder. It has the same basis in fact as calling you a murderer. Is that a label you are prepared to wear?
Even if the estate were "depleted" now -- translation: the lawyers embezzled everything -- it will very likely be worth a fortune in the future. I've thought all along that the book and movie rights to Terri's life story would be worth millions.
duh...
It is regretful what these barbarians did to Terri. And I can only wish that she rest in peace, away from all of the madness that is going on in this country!!!!!
Joan Schiavo, Michael Schiavo's sister-in-law whom Felos and some of the puppets describe as "Terri's best friend," showed her friendliness by putting a knife in Terri's back with tainted testimony that helped send Terri to her death."
Your comments are very informative. I didn't know these details. Thank you so much for taking the time to share these facts with those of us who are trying to cope with this monstrous event.
Char
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
No one should criticize Whittemore, or his decision, without understanding the plea that the Schindlers' attorney filed.