Prosecutor Delivers Emergency Letters To Governor Bush in Terri Schiavo Case [Thomas More Center]

Thomas More Law Center ^ | Thu, Oct 16, 2003

[Ferret Fawcet]

God bless Richard Thompson. Continuing to pray for Terri.

[Delbert]

ALL RIGHT!!!! This is great news. God is still in the prayer business people, dont ever forget that!

[walford]

Follow-up
Please bear in mind that AFTER ABOUT 60 HOURS, PERMANENT DAMAGE FROM DEHYDRATION/STARVATION CAN RESULT. Time is of the essence. If enough time goes by, Terri can slip into a coma for real. Then Michael Schiavo's objective will be attained.

http://www.thomasmore.org/news.html?CNSNewsID=1

Gov. Bush's Staff Will Attempt to Intervene in Schiavo Case
Thu, Oct 16, 2003

Capitol Hill (CNSNews.com) - Florida Gov. Jeb Bush has instructed his legal staff to try to find a way to save the life of Terri Schindler Schiavo, a disabled 39-year-old woman whose feeding tube was removed under court order Wednesday at her husband's request.

While Bush acknowledged Wednesday that "the ultimate decision of this is in the courts," he told Terri's parents, Robert and Mary Schindler, that he is still looking for a way to help Terri.

"We are going to seek whatever legal alternatives are available and seek the best minds to find another avenue to submit to the courts to see if there can be a change in this ruling," Bush said after a private meeting with the Schindlers.

"I am not a doctor, and I am not a lawyer," Bush added. "But I know that if a person can be able to sustain life without life support, that should be tried."

Robert Schindler said he and his family have "not given up hope.

"We have spoken to the governor, and he hasn't given up hope either," Mr. Schindler said after meeting with Bush. "We all felt a lot better when we left the interview with him. I have confidence something will happen. We still have time."

"I have to believe that someone, somewhere will stop this judicial homicide," said Suzanne Carr, Terri's sister.

As CNSNews.com reported Monday, Florida law authorizes the state Department of Children and Family Services' Adult Protective Service Unit to perform an "emergency protective services intervention" if the state 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."

Title III, Chapter 415, Section 105 (2) of the Florida Code also gives authorities emergency powers to forcibly enter a private premise and to remove a "vulnerable adult," who cannot give consent for treatment or ask for help, to a location where he or she can receive that care if an investigator "has reason to believe that the situation presents a risk of death or serious physical injury."

Although no provision in the statute authorizes the courts to override the law, Bush's office has been operating under the belief that the court's order to remove the feeding tube supercedes the state's legislated power to protect disabled adults from neglect.

Hospice workers, medical staff could face criminal charges for neglect

The Florida Criminal Code also declares "neglect of an elderly person or disabled adult" to be a felony punishable by both fine and imprisonment. The statute defines "neglect" as:

"A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult."

Patricia Anderson, attorney for the Schindler family, told Fox News Channel's The O'Reilly Factor Wednesday night that she cannot predict whether anyone will be held accountable for Terri's expected death.

"Whether, under these circumstances, an

y grand jury would indict someone or a state attorney, a prosecutor, would file a direct information is probably a political question," Anderson said. "I know that there are many, many people who are terribly upset by this outcome.

"Florida," Anderson added, "is not some backwater hellhole."

George Felos, one of the attorneys representing Terri's husband Michael Schiavo, told the St. Petersburg Times that Gov. Bush has no right to try to influence the courts.

"I think it is very unfortunate that the governor persists in trying to exert political influence on the judicial system," Felos said.

Felos believes there is "no legal means" for Bush to intervene in the case, but he told the Times: "No one takes the governor lightly."

Dehydration expected to end Terri's life in less than a week

At 2 p.m. EDT Thursday, Terri had been without nutrition or hydration for 24 hours. Although medical protocols call for caregivers to moisten the lips and mouth of the dying patient and to give medication to alleviate the pain, it is unknown whether or not those steps are being taken to comfort Terri. Schiavo has barred the release of any information about any treatment his wife might or might not receive.

Doctors predict that, depending on how much fluid was in her system when the feeding tube was removed, Terri will die of dehydration within a week. While it is possible that she could live up to 15 days or longer, eventually dying of starvation, medical experts believe that without hydration, she will not live long enough to starve to death.

Doctors have also reached no consensus on the amount of pain felt by patients who are allowed to die under such circumstances or whether medications given to alleviate pain work under extraordinary conditions.

[editor-surveyor]

Summer, do you still think that Jeb is doing all that he can?

[nickcarraway]

BUMP

[nickcarraway]

Yes, God Bless him. Try to join the Center. We need these people to be around to protect us.

[Devil_Anse]

But if they do get together evidence of wrongdoing on his part, they still have statute of limitations problems for an Attempted Murder charge. (BTW, the article seems to say that he's made more than one attempt SINCE she's been disabled! Did you see that?)

So they may not be able to use the evidence of his criminal wrongdoing to start a criminal prosecution against him, but I'll bet they can use it to wrest the guardianship out of his greedy hands.

Suppose they succeed in getting the guardianship away from him. Seems like they could then get her a divorce? For one thing, he's been committing adultery for some time now.

If she can divorce him, he has nothing, no money (except his own $300,000 award, which he may already have spent), no power. That's surely why he hasn't divorced her to date, to marry his current sweetie.

[shhrubbery!]

Any reason to think there is wrongdoing going on in this case? She will be dancing and singing with the angels soon... a better place than she is in now.

By that logic we should all have ourselves killed so we can dance and sing with the angels sooner.

Do you have any idea what this case is about?

Watch this video of Terri: Big Eyes

Give it a good 30 seconds. It takes Terri about 20 seconds to respond to a doctor's command. But when she does, you will see that Terri UNDERSTANDS and is trying to demonstrate her will to live!

[scouse]

because such action would violate Ms. Schindler-Shiavo’s constitutionally guaranteed “inalienable right to enjoy and defend life” regardless of her “physical disability” as secured by Article I, Section 2 of the Florida State Constitution

I have been asking this question on FR for the past two days. Finally I have an answer.

[nickcarraway]

To: Christa Calamas, Esq.

From: Brian Fahling, Esq.

Re: Authority of Governor Bush to Issue Executive Order

Date: October 16, 2003

Question 1: Does Governor Bush have authority to issue an executive order pursuant to Section 943.04(2)(a), Florida Statutes (2002) to order the Department of Criminal Justice Investigations and Forensic Science to conduct an investigation of an alleged violation of Section 782.08 Florida Statutes (assisted suicide)?

Question 2: Would such an order under the circumstances of the present case constitute an intrusion of the executive branch into, or create a conflict with, the lawful authority of the judicial branch?

DISCUSSION

I. Authority To Issue Executive Order

The governor of the State of Florida possesses authority under the Florida Constitution, Article IV, Section 1(a), to see that the laws are faithfully executed. Section 943.04 authorizes the governor, upon written order, to direct the Department of Criminal Justice Investigations and Forensic Science (“Department”) to “investigate violations of any of the criminal laws of the state.” In Thompson v. State, 342 So.2d 52 (Fla. 1976), the Florida Supreme Court upheld the authority given to the governor under Section 943.04, saying “[t]he power to see that laws are faithfully executed, which is essentially what Chapter 943 is designed to achieve, derives from Article IV, Section 1(a) of the Florida Constitution.” Thompson at 55.

The brief filed by the Governor in the Middle District of Florida sets forth significant reasons to believe that Section 782.02 is being violated because “Terri’s right to life is violated by the state when the state, acting as her guardian, assumes that her wish to live without artificial sustenance is the same as a wish not to be fed at all. The state has an ‘unqualified’ interest in life.” Brief at 5. Moreover, Terri is being denied oral sustenance, which creates “an unnecessary conflict with Florida Statutory law by implying that physicians may cooperate with a person’s alleged express wish not to feed herself . . . .” Id. at p. 6. A denial of Terri’s right to life under these circumstances, it appears, results in a violation of Section 782.08.

The laws of the State of Florida, then, as set forth in the Governor’s brief, are not being faithfully executed. The authority of the governor to issue an executive order in this case is consonant with his duty to see that the laws are faithfully executed.

II. An Executive Order Does Not Impugn the Authority of the Court

The trial court order merely authorized Terri’s husband to direct that oral sustenance be denied her. An executive order that orders an investigation in this matter, with the concomitant appropriate actions that would be taken if a violation of Section 782.08 is found, does nothing to impugn the authority of the court. The executive order would ultimately operate only upon the husband’s decision which he is merely permitted to make. It is interference with private discretion, not with judicial authority. If the consequences of the husband’s exercise of discretion are determined to result in the unlawful taking of life, it is entirely appropriate that such actions be interdicted by law enforcement at the direction of the governor.

[tutstar]

somebody better keep Michael Schiavo away from Terri, the horrid thought just came to my mind....

[nickcarraway]

There are probably a lot of people that we should keep away from Michael Shiavo...

[tutstar]

Note the AP spin....."Conservative Attorneys"

http://www.jacksonville.com/tu-online/apnews/stories/101603/D7U7EDRG1.shtml

Conservative attorneys urging Bush to intervene in Schiavo case

By MITCH STACY
Associated Press Writer



PINELLAS PARK, Fla. - The parents of a severely brain-damaged woman and others fighting to keep her alive stepped up the pressure on Gov. Jeb Bush to intervene in the case Thursday.

[Republic]

Sean-Please have Richard Thompson of the Thomas Moore Legal Ctr on you show! QUICKLY!!! He if fighting for Terri!!!!!!!

And nick-Yeah-like Terri, should she be allowed to live and maybe even thrive....maybe even learn to eat and drink and re-experience loving care....and MAYBE even learn a method of communicating that just MAYBE would be devastating to her horrid sub human husband. I believe THAT is is greatest fear..everything he has done indicates thusly.

[nickcarraway]

It seems clear to me he is committing obstruction of justice. Including on a human being.

[syriacus]

Thanks for posting this.

Hooray for the Thomas More Law Center!!

[nickcarraway]

Yes!

[DeepInEnemyTerritory]

BUMP for Terri.

[shhrubbery!]

Seems like they could then get her a divorce?

I'm not a lawyer and have wondered about this too. Am assuming Terri's family has thought of this and weren't able to pursue a divorce for her legally. Maybe has something to do with the person initiating the divorce having to be competent to do so.

[Saundra Duffy]

It's all about money, isn't it? God, I hate this!!! Someone is being murdered.