Skip to comments.Governor Seeks New Trial Over Brain Damaged Woman's Wishes
Posted on 11/19/2003 4:13:47 PM PST by sweetliberty
Gov. Jeb Bush fired a volley of legal shots Wednesday at the husband of a brain damaged woman who is at the center of a right to die case, saying there needs to be a jury trial on whether Terri Schiavo wanted to be kept alive artificially. The governor also sought to remove Pinellas Circuit Court Judge W. Douglas Baird from hearing the constitutionality of the new law enacted to keep Terri Schiavo alive after her feeding tube was removed last month. In yet a third legal filing, the governor argues that Terri Schiavo's rights under the Florida Constitution are being protected, not violated.
Terri Schiavo went for six days without food and water after her husband Michael Schiavo removed her feeding tube. Florida lawmakers and Bush intervened, enacting a hastily drawn law that allowed the governor to order the feeding tube be reinserted.
Michael Schiavo has challenging the constitutionality of the governor's action. He contends his wife had said she did not want to be kept alive artificially before she suffered severe brain damage in 1990. Doctors have ruled she has been in a persistent vegetative state since, but her parents believe she is aware of her surroundings and could be rehabilitated.
Bush's attorney Ken Connor said a jury has to establish what Terri Schiavo's wishes were before a court can decide whether her private health care wishes were violated.
George Felos, Michael Schiavo's attorney, could not immediately be reached for comment.
There's a group out there with an agenda, and I have a feeling they're lining up people across the country. This case is their test case.....on to other states next.
She's a human being and a child created by God in His image. How dare you be so despicable!!
I hope Michael's 'team Shiavo' are beginning to get an idea of 'consequences' here. . .
by Steven Ertelt LifeNews.com Editor November 19, 2003
Pinellas Park, FL (LifeNews.com) -- Judge George Greer will hear a motion tomorrow filed by Michael Schiavo that would prevent discovery of information regarding a bone scan conducted on Terri Schiavo that shows she may have been a victim of physical abuse.
While most media outlets have reported that Terri Schiavo collapsed at home in 1990 as a result of a potassium imbalance, Terri's family has long suspected that the real cause may have been physical abuse at the hand of her estranged husband Michael.
A bone scan conducted on Terri in March 1991 showed she had several fractures and was the victim of "abnormal activity" that caused "previous traumas," indicating she may have been beaten or abused.
Attorneys for Terri's family had planned to depose Dr. Campbell Walker, the radiologist who conducted the bone scan, on Friday to obtain his further analysis of it.
Michael's motion asks the court to block the deposition saying that the court has already dealt with the bone scan in previous hearings.
Terri's parents Bob and Mary Schindler hope the information from Dr. Campbell will help show Judge Greer that Michael is unfit to be Terri's guardian. A case to change guardianship to Terri's brother Bob is pending before Greer.
The Schindlers have asked Pinellas County State Attorney Bernie McCabe on several occasions to call a grand jury to investigate the bone scan as well as other abuses during Michael's guardianship.
At the time, McCabe declined to investigate saying too much time had passed between the collapse and the scan.
Also, doctors other than those selected by Michael's attorney have reviewed Terri's medical records.
"It was found that a heart attack did not cause Terri's collapse as everyone was led to believe. Rather, according to one physician, Terri may have been a strangulation victim," Pamela Hennessy, a representative of the family, told LifeNews.com previously.
The Schindlers say Michael also wants to remove any possible evidence that could be used to substantiate accusations of wrongdoing.
Michael wants Terri's body cremated if she dies, which would deny any chance the family has to validate a long-held suspicion.
"Michael has instructed the judge to cremate her body upon her death, which adds even more suspicion to what really happened to Terri," Bob Schindler said.
He added, "We're trying to stop the cremation from happening if Terri does die, so hopefully, we get to the process of investigating what may have happened to Terri that evening."
In September, three nurses filed affidavits saying Michael has withheld proper medical care from Terri.
"He's been trying to kill her -- that's the bottom line," said Carla Sauer Iyer, a 39-year-old registered nurse who cared for Terri Schiavo at a nursing home in 1995 and '96. She says Terri has said words such as "Mommy," "help me" and "pain."
George Felos, the assisted suicide advocate who is Michael's attorney, calls the nurse's statements, "a bunch of garbage." He claims Michael has been insistent that Terri receive the best medical care possible.
I guess I'll have to keep on second guessing your observations and meddling.
Perhaps you should open up your checkbook. Reimburse Florida's taxpayers for its costs incurred here due to pressure you've helped bring to bear.
Its real easy to make other people pay the cost for your moral stances, isn't it?
Terri's will to live must be ferocious, tenacious and desparate when considering the abuse she has taken, the neglect is staggering.
Join us as we defend her, fight with and for her, and lay before our fellowman the value of every single human being, we can brush aside those who claim a line in the sand, some arbitrary method of assigning worthiness to human life, in declining increments related to the severity of the imperfections or handicaps, as it were.
Walk a few days in the Schindler's shoes-try to vicariously live their experience with Judge Greer's court and MS, walk awhile in MS's shoes, paying careful attention to note his current lifestyle, what he enjoys, and what joy he has offered to Terri, and then, join us as we fight for this precious American family.
This story isn't too little, it is TOO BIG. It is life and death and where we stand, impacts the outcome.
The funny thing about life is, you never know when or if you will be next in line, suddenly vulnerable, and dependent upon others. Choose your friends wisely, with people like felos, groups like the ACLU, and any creep who would be willing subvert his or her integrity to work for janet reno (remember WACO, ELIAN, and Oklahoma?) against you, even written wishes could be twisted. And there you would lay, UNABLE to scream out...NO! NO! NO!
Of course, half a century ago, she'd have been dead for years already. A century ago, they wouldn't have given her death a second thought.
You have a problem with "me too isms"? Hi, welcome to freerepublic.com, bud. What I have finally figuree out about you is that you have a problem with other people getting things done, believing in something greater than themselves. You,OTH, don't stand for anything, fight for anything or believe in anything. You are here as you say" to make sure the fence sitters " get fair representation on a website dedicated to grass roots activism. Get a life.. Terri has one. She has been a mighty warrior in her fight to live.
Get this, a person you say is a turnip, has more conviction for life, in her little disabled finger, than you have within your entire body.
BTW, yes I am crazy obsessed with this country ,and what goes on with our government. "I am here, let me be clear , get used to it". :}
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.