Bigamy (Schiavo)

State of Utah via Polygamy info ^ | State of Utah

[tallhappy]

Four counts of bigamy against Thomas Green were as follows:

Count II: BIGAMY, a third degree felony, in violation of 76-7-101, Utah code Annotated, 1953 as amended, in that Thomas Arthur Green, during the time period of May 1, 1999 through December 31, 1999, in Juab County, Utah, knowing that he had a wife, cohabited with another person, Shirley Beagley Green.

Count III: BIGAMY, a third degree felony, in violation of 76-7-101, Utah code Annotated, 1953 as amended, in that Thomas Arthur Green, during the time period of May 1, 1999 through December 31, 1999, in Juab County, Utah, knowing that he had a wife, cohabited with another person, Leeann Beagley Green.

Count IV: BIGAMY, a third degree felony, in violation of 76-7-101, Utah code Annotated, 1953 as amended, in that Thomas Arthur Green, during the time period of May 1, 1999 through December 31, 1999, in Juab County, Utah, knowing that he had a wife, cohabited with another person, Cari Bjorkman Green.

Count V: BIGAMY, a third degree felony, in violation of 76-7-101, Utah code Annotated, 1953 as amended, in that Thomas Arthur Green, during the time period of May 1, 1999 through December 31, 1999, in Juab County, Utah, knowing that he had a wife, cohabited with another person, Hannah Bjorkman Green.

[tallhappy]

Michael Schiavo legally married Terri Schiavo (nee Schindler), he has not divorced her, claims Terri Schiavo as his wife he therefore knows he has a wife and is cohabitating with another person. He has fathered children with her.

Seems to meet the criteria for criminal bigamy.

[wideawake]

UT has stricter bigamy statutes than most states because of the historical situation in that state.

[tallhappy]

UT has stricter bigamy statutes than most states because of the historical situation in that state.

I knew that'd be the comment.

What's Florida's?

Still, that is not the point.

[Beowulf9]

Hasn't he been with this woman long enough to be considered common law marriage?

[PAR35]

Bigamy is defined by state law. You would need to look at the Florida, not the Utah, statute.

[wideawake]

Certain states do not recognize common law marriage - NY for instance.

[tallhappy]

Bigamy is defined by state law. You would need to look at the Florida, not the Utah, statute.

You miss the point.

[mlc9852]

There is no legally recognized common law marriage in Florida.

[Howlin]

And Florida.

[Xenalyte]

Schiavo can't be married to two women at once.

Since his marriage to Terri is still valid, he has no marriage with the Centonze trollop, common-law or otherwise.

He has an adulterous relationship with her, but a marriage it ain't.

[the Deejay]

Then tell us, WHY the Schindlers have not taken a shot at a BIGAMY charge?

Because it WON'T HOLD WATER!

[PAR35]

Nope, here it is:

826.01 Bigamy; punishment.--Whoever, having a husband or wife living, marries another person shall, except in the cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0826/SEC01.HTM&Title=-%3E2004-%3ECh0826-%3ESection%2001#0826.01

Try this one:
798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

Or this one:

798.02 Lewd and lascivious behavior.--If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

[PAR35]

You miss the point.

No, you have. You can't use the Utah definition in Florida. They are different states. I've posted the Florida statutes for your reading pleasure.

[watchdog_writer]

Pamela A.M. Campbell  was the attorney that lost the Terri Schiavo trial.

Although she no longer works as a lobbyist, she remains active in politics. She is a member of the Suncoast Tiger Bay Club and a former board member for the organization. "One of our greatest rights as Americans is our responsibility to speak out and participate," she says."I have two times every year when I make an evaluation of my life and decide what I should do differently," she says. "Those days are July 15, my birthday, and New Year's Eve.http://www.stpetebar.com/index_frame.htm?http://www.stpetebar.com/v3_giv_campbell.htm

 

[Regulator]

798.01

Looks like Judge Greer is ignoring this little detail in his continuation of Schiavo's guardianship. Doesn't matter if it seems "quaint", to use a Gonzales-ism. He's gone down the rigid line of using the law whenever it means she dies.

Interesting that he isn't so hardline when it comes to this rather material, criminal behavior on Big Mike's part.

Come to think of it, why couldn't the governor (or anyone else, for that matter) sign a complaint against Mikey right now for? The idea that a guy being walked away in handcuffs is a legitimate "guardian" for the arguable victim of this crime would seem rather strange. Which is, of course, the point.

[BigSkyFreeper]

LOL!

[tallhappy]

Because it WON'T HOLD WATER!

My point is not that he be charged with bigamy.

It is to put in context the so-called relationship of him as husband.

Given our now lax society, concepts such as bigamy no longer are considered issues of importance. The point, though, is that under the long held traditional understanding of bigamy or aduluery he is acting in such a manner.

He has no moral right to make any decisions for her.

In court he has won but that does not mean he is right.

The Utah case illustrates this. He is doing the same thing another can be jailed for bigamy.

[Regulator]

What's your point about Campbell?

[RightWhale]

Seems to meet the criteria for criminal bigamy.

In spirit, but not in the letter of the law. The law is a complex and tricky thing and strains common sense all the time. Americans have a distrust of the law and view those who mine the law for personal or political benefit with disdain.

[tallhappy]

I don't miss point because my point is not that he be charged with bigamy in Florida. My point relates to moral issues surrounding the case relating to his standing as "husband".