Posted on 10/16/2003 10:54:35 AM PDT by nickcarraway
I am SO GLAD to see this is happening and pray, with all of my soul, that Thompson's letters impact and motivate Jeb into action.
Again-thanks.
This all is too heartbreaking for words.
FROM: HERBERT W. TITUS, ATTORNEY-AT-LAW
TROY A. TITUS, P.C.
2400 CAROLINA ROAD
CHESAPEAKE, VIRGINIA 23322
SUBJECT: TERRI SCHINDLER-SCHIAVO
DATE: OCTOBER 15, 2003
In response to a request, this memorandum is submitted addressing whether the governor of the State of Florida has the constitutional power to stop a Florida court order conferring upon the husband of Terri Schindler-Schiavo the sole discretionary power to disconnect his brain-disabled wife’s feeding tube. Not only does the governor have such power, but the governor has a constitutional duty to prevent any action taken pursuant to such a court order, 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.
The problem with this case is the studied intransigence of the judge.
I pray this is what He was talking about. Please hold on Terri. I think help is on the way.
1172 South Dixie Highway, Suite 111
Coral Gables, Florida 33146-2750
October 16, 2003
The Honorable Jeb Bush
Governor, State of Florida
C/o Governor's General Counsel,
The Capitol
Tallahassee, Florida Via Fax to 850-488-98
Re: Execution of Terri Schiavo is “Cruel and Unusual Punishment”
Dear Governor Bush:
I have been asked by the family of Terri Schiavo to do what I can to save her life in light of your request yesterday for assistance from legal counsel inside and outside your Administration toward that end.
Governor, you have the power, by the mere stroke of a pen, to prohibit what is, in every sense, the execution of Terri Schiavo by a means that is both cruel and unusual in violation of Article I, Section 17 of the Florida Constitution and the Eighth Amendment to the United States Constitution.
Death by dehydration and starvation is arguably the most brutal, inhumane, and pain-inducing way to kill any living creature. The United States Department of Agriculture in its own regulations at 9CFR2.131 prohibits the withholding of food and water from farm animals. Terri Schiavo is not less than a farm animal.
If you, as Governor, were to order the execution of a serial killer on death row by means of withholding food and water, you would be ordered by any number of courts not to do so. The horror of dying by dehydration makes death by electric chair, by comparison, an act of compassion.
The fact that this woman is neither accused nor convicted of any crime makes absolutely no difference. In fact, the lack of criminality makes the execution even more cruel and unusual, for a criminal sanction is being imposed upon an innocent woman.
You have the power and the duty, under both the Florida and United States Constitutions, which you took an oath to uphold, to enter an Executive Order, today, to prohibit the imposition of any cruel and unusual punishment in this State. Upon entering such an Order, you then have the power, right, and duty to give force to that order by dispatching state law enforcement officials to take custody of Terri Schiavo and stop her forced starvation and dehydration.
Governor Bush, you do not need a court order to do any of this. No court at any level has the power to revoke the Florida and United States Constitutions. They cannot revoke your oath of office. You are an enthusiast of the James Madison Institute, and as such you know that the Executive branch of government is co-equal with the other two branches. No judge has the power to elevate the judicial branch over the executive branch thereby abrogating your state and federal constitutional duties and powers.
On behalf of the family of this innocent woman, and with all respect for the responsibilities of your office, we ask that you act immediately.
Respectfully,
Jack Thompson
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