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Governor Seeks New Trial Over Brain Damaged Woman's Wishes
Tampa Bay Online ^ | November 19, 2003 | Vickie Chachere

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.


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; US: Florida
KEYWORDS: attorneyfromhell; coma; cultureofdeath; drug; druginducedcoma; euthanasia; geiorgefelos; governorhebbush; guardianfromhell; hino; husbandfromhell; judgegreer; merchantsofdeath; michaelschiavo; reallifeghouls; terri; terrischiavo
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1 posted on 11/19/2003 4:13:52 PM PST by sweetliberty
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To: sweetliberty
...whew! You go, Governor Bush!
2 posted on 11/19/2003 4:16:09 PM PST by Ladysmith (Low-carbing works!! (223.0 (-37.6)))
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To: sweetliberty; floriduh voter; TaxRelief; shhrubbery!; pc93
PING
3 posted on 11/19/2003 4:17:06 PM PST by Huber (11 Presidents, 2372 judicial nominations, zero fillibusters...till now!!)
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To: sweetliberty
When all is said and done...

God will decide.

4 posted on 11/19/2003 4:17:08 PM PST by Nitro
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To: Ladysmith
Well, at least they're calling her brain-damaged now, and not vegetative. Now if they would just losw the "right-to-die" rhetoric and call it what it is.
5 posted on 11/19/2003 4:19:50 PM PST by sweetliberty ("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
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To: sweetliberty
About damn time, Jeb!

I was wondering when/if he was going to take the gloves off and realize that there is no down side to using every resource he has available.
6 posted on 11/19/2003 4:24:40 PM PST by Ronin (Qui docet discit!)
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To: sweetliberty
The title of this article is a travesty.
7 posted on 11/19/2003 4:25:58 PM PST by cgk (Kraut, 1989: We must brace ourselves for disquisitions on peer pressure, adolescent anomie & rage.)
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To: Budge; Pegita; cyn; Calpernia; Babalu; floriduh voter; dandelion; PleaseNoMore; viaveritasvita; ...
"George Felos, Michael Schiavo's attorney, could not immediately be reached for comment."

Bwahahahahahaha......probably still in shock at the ingenuity of those "dumb" Bushes. Way to go Jeb!

.

Ping for some good news.

If you want on or off of this ping list, please let me know.

8 posted on 11/19/2003 4:27:47 PM PST by sweetliberty ("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
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To: sweetliberty
I wish. In a society steeped in moral relativism, "murder" is too harsh a word to handle.
9 posted on 11/19/2003 4:30:48 PM PST by Ladysmith (Low-carbing works!! (223.0 (-37.6)))
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To: sweetliberty
George Felos, Michael Schiavo's attorney, could not immediately be reached for comment.

LOL! Jeb Bush is my hero!!!

10 posted on 11/19/2003 4:32:16 PM PST by Saundra Duffy (For victory & freedom!!!)
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To: Ladysmith
Go Jeb!
11 posted on 11/19/2003 4:33:01 PM PST by jwalsh07
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To: sweetliberty
Here was an article with a little more detail on today's filings:

From:
http://www.bradenton.com/mld/bradenton/7302294.htm
>>>>>[excerpt]
Ken Connor, the Tampa attorney representing the governor in the case, said that before a court can decide whether Terri Schiavo's private health care wishes were violated, it first has to be established by a jury what her wishes were.

Connor said the governor is arguing his actions were not unconstitutional because Terri Schiavo's case is markedly different from the right-to-die case which established Florida case law.

The precedent-setting case of Estelle Browning involved a woman who had two written wills establishing she did not want to be kept alive artificially. There were no family members disputing that was her choice.

Terri Schiavo had no advanced directives and her parents dispute their daughter would have had such end-of-life wishes. The judge's decision to grant Michael Schiavo permission to withdraw the feeding tube was based on testimony from Michael Schiavo, his brother and a sister-in-law.

Connor said it is improper to use "borrowed" evidence from a separate court case in this new legal action against the governor.

"You can't just say it, you are going to have to prove it," Connor said, adding to not hold a trial would then violate Bush's due process rights.

"We believe the governor is entitled to the same due process rights as any other citizen," Connor said. "He's not a second class citizen because he is the governor."

Connor said the new law is actually an additional layer of protection for disabled people by providing an independent guardian to investigate when there is nothing in writing and when family members disagree on treatment.

The new law also doesn't encroach on the separation of powers because Florida courts have recognized that lawmakers may act to affect prior court decisions, Connor said the filings argue.

In the filing seeking to remove Baird from the case, Connor cited statements the judge recently made saying that Terri Schiavo's rights are being violated.

"The court seems to have just bought the Felos argument without even having heard from the governor," Connor said.
>>>>

12 posted on 11/19/2003 4:33:08 PM PST by appropos
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To: Ronin
I'll just bet that pile of sh*t HINO never thought he would be up against the powerful office of the Governor of the State.
They'll beat the tar out of Felos with one hand tied behind their back!
13 posted on 11/19/2003 4:33:49 PM PST by mickie
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To: appropos
"You can't just say it, you are going to have to prove it," Connor said, adding to not hold a trial would then violate Bush's due process rights."

I LIKE this guy! Thanks for posting that.

14 posted on 11/19/2003 4:35:45 PM PST by sweetliberty ("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
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To: sweetliberty; luv2lurkhere; Budge; floriduh voter; summer; Coleus; amom; ruoflaw; submarine; ...
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.

Excellent news ping!

TERRI SCHIAVO PING! – let me know if you want on/off this ping list


15 posted on 11/19/2003 4:37:04 PM PST by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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To: sweetliberty
BTT for Jeb!
16 posted on 11/19/2003 4:37:11 PM PST by varina davis
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To: sweetliberty
Thank you, Jeb Bush!
It seems staying the course, once he has determined the correct one, runs in the family.

17 posted on 11/19/2003 4:37:14 PM PST by sarasmom
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To: sweetliberty
So help me out here. What has happened? Since he is the one being sued does he automatically get a jury trial if he wants it? Was J Baird removed?
18 posted on 11/19/2003 4:37:22 PM PST by CindyDawg
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To: sweetliberty
"George Felos, Michael Schiavo's attorney, could not immediately be reached for comment."

He was busy punching holes in walls. Oh wait, he doesn't look manly enough to do that when he's mad.. I bet he just punches pillows.
19 posted on 11/19/2003 4:40:10 PM PST by honeygrl (Surgeon General's Warning: This FReeper hasn't slept through the night in over a year.)
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To: Saundra Duffy
YES, YES , YES!!!!!!!!! A real hero indeed!!
20 posted on 11/19/2003 4:42:38 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: Nitro
When all is said and done...

God will decide.

You are right about that Nitro! Sounds like he is using Governor Bush to do his bidding!!!!!!!

21 posted on 11/19/2003 4:44:00 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: sarasmom
Thank you, Jeb Bush! It seems staying the course, once he has determined the correct one, runs in the family.

You have that right, sarasmom!! They had some fine upbringing!!!! Thank you Barbara and George Sr. BUSH!!!!!!

22 posted on 11/19/2003 4:47:43 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: Ladysmith
Go Jeb!!
23 posted on 11/19/2003 4:48:16 PM PST by Think free or die
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To: pollywog
Who's got Jeb's e-addy so we can thank him?
24 posted on 11/19/2003 4:49:06 PM PST by Ann Archy
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To: sweetliberty
Good for Jeb. He's doing the right thing.
25 posted on 11/19/2003 4:49:31 PM PST by Cicero (Marcus Tullius)
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To: Saundra Duffy
I could just kiss Barbara Bush for those boys of hers.
Smooches to the Bushes
26 posted on 11/19/2003 4:49:58 PM PST by pickyourpoison
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To: pollywog
You are right about that Nitro! Sounds like he is using Governor Bush to do his bidding!!!!!!!

he = He

27 posted on 11/19/2003 4:51:35 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: sweetliberty
Thank you, Governor Bush!

"The court seems to have just bought the Felos argument..."

And that has been the problem all along

George Felos, Michael Schiavo's attorney, could not immediately be reached for comment.

Any day that George Felos is forced to keep his lying trap shut is a good day!

28 posted on 11/19/2003 4:52:40 PM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: Ann Archy
maybe we should send Ken Conner an atta boy too
29 posted on 11/19/2003 4:53:11 PM PST by pickyourpoison
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To: CindyDawg
I think he has requested the removal of Judge Baird. Not sure for what reason unless it's because he has already given his opinion before the case was heard.

The impression I get is that because they are challenging the Constitutionality of the law, it must then be discovered if Terri's rights are being violated, which means that they must allow discovery in order to determine if it was really Terri's wish to be killed. They are saying that they can't just base it on the presumption that the previous court ruling was accurate. They are furthur saying that it will require a jury to make that determination. If a jury gets to make this determination, Terri has a shot, and a strong one. That's how I read it anyway.

30 posted on 11/19/2003 4:53:11 PM PST by sweetliberty ("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
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To: Huber; mafree
JEB BUSH GIVES ME HAPPY FEET!!! Go, Jeb.
31 posted on 11/19/2003 4:54:06 PM PST by floriduh voter (www.conservative-spirit.org freeper site)
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To: pickyourpoison
BARBARA BUSH =

The Woman of the Century, 20th/21st
32 posted on 11/19/2003 4:55:34 PM PST by ALOHA RONNIE (Vet-Battle of IA DRANG-1965 www.LZXRAY.com)
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To: sweetliberty
A jury of her peers maybe? Get some disabled people on the jury, some meanies and folks like us, how would you even seat a jury? MISTRIAL IF THEY CAN'T SEAT A JURY. MISTRIAL IF A JURY CAN'T DECIDE WHAT TO DO... Just my opinions. Terri gets to live????
33 posted on 11/19/2003 4:56:31 PM PST by floriduh voter (www.conservative-spirit.org freeper site)
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To: honeygrl
>>(Felos) was busy punching holes in walls.

Uh, no, Felos was busy convincing the etherplasm that the walls have a right to holes. :)
34 posted on 11/19/2003 4:57:54 PM PST by Graymatter
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To: sweetliberty
I am excited that Goveror Bush's team is on the ball!! I prayed today for Ken Connor that God would give him wisdom. Can anyone fill us in as to just what this means and where the case is headed from here... ?
35 posted on 11/19/2003 4:58:01 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: floriduh voter
will this buy time for the guardian case to finally be heard???
36 posted on 11/19/2003 5:00:02 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: lonevoice
"Any day that George Felos is forced to keep his lying trap shut is a good day!"

Yep!

Gerge Felos ->

37 posted on 11/19/2003 5:00:32 PM PST by sweetliberty ("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
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To: sweetliberty
Terri bump

with a

Jeb bump
38 posted on 11/19/2003 5:01:21 PM PST by Salvation (†With God all things are possible.†)
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To: appropos; sweetliberty
Whoo-hoo! GREAT news!

We need graphics! Flowers! Balloons!

I will donate a towel for Felos and Mikey to cry in...


39 posted on 11/19/2003 5:03:16 PM PST by msmagoo
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To: pollywog
I think that would depend upon which Judge hears what matter. If Judge Greer hears the guardianship case, I think we scared the **** out of him last month. Has he even ruled against Terri since we were going to recall him?

A Jury Trial would tie everything up imo.

40 posted on 11/19/2003 5:08:59 PM PST by floriduh voter (www.conservative-spirit.org freeper site)
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To: Huber; sweetliberty
Thanks for the ping, Huber old pal.
41 posted on 11/19/2003 5:10:59 PM PST by TaxRelief (Hope it's not too WINDY for you!)
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To: Ann Archy
Who's got Jeb's e-addy so we can thank him?

jeb.bush@myflorida.com

42 posted on 11/19/2003 5:13:22 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: Saundra Duffy
George Felos, Michael Schiavo's attorney, could not immediately be reached for comment.

Probably trying to figure out if they will have to reschedule the January cruise. LOL!

43 posted on 11/19/2003 5:14:08 PM PST by TaxRelief
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To: sweetliberty
bump!
44 posted on 11/19/2003 5:18:35 PM PST by Canticle_of_Deborah (National health care gives the government the means to kill you when you become too expensive)
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To: sweetliberty
hot diggity dog! MS is really sweating now!
45 posted on 11/19/2003 5:21:28 PM PST by countrydummy
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To: honeygrl
No he was busy crashing planes in his head!!! Most likely Jebs plane!!LOL

MCD
46 posted on 11/19/2003 5:21:33 PM PST by MSCASEY
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To: sweetliberty
Well, at least they're calling her brain-damaged now, and not vegetative. Now if they would just lose the "right-to-die" rhetoric and call it what it is.

I was struck by the same thoughts.

47 posted on 11/19/2003 5:23:48 PM PST by LadyPhoenix (Wormtongue accused Eomer of "malcontent" when he had something to hide. Liberals do the same.)
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To: Salvation
In the filing seeking to remove Baird from the case, Connor cited statements the judge recently made saying that Terri Schiavo's rights are being violated.

HURRAH!!!!!!!!!! THANK GOD for this good man, Mr. Connor has gone to the heart of this stacked deck!

"The court seems to have just bought the Felos argument without even having heard from the governor," Connor said.

OH MY GOSH! CAN THIS BE REAL!??? HAS COMMON SENSE AND FAIRNESS PREVAILED HERE !?

My prayer to our Father,

THANK YOU FATHER FOR-
SENDING PEOPLE WHO LOVE YOU,-
WHO YEARN FOR THE TRUTH,-
WHO SEEK JUSTICE,-
AND WHO ARE NOT AFRAID TO TACKLE EVIL,-
OR CORRUPTION,-
THANK YOU, FATHER, FOR

BRINGING PEOPLE FORWARD WHO ARE WILLING TO STRIKE AT THE EVILDOERS WHO PURPOSEFULLY OPPRESS TERRI, her FAMILY and finally, OUR NATION!

WE TREASURE AND ARE DELIGHTED AND GRATEFUL FOR YOUR CONSTANT LOVE AND ATTENTION!

Terri is our sparrow, Father, our sparrow with the broken wing, and I know, as I type this, that she is wrapped in your tender might.

THANK YOU FATHER!!!

YOU ARE AWESOME!!!

I LOVE YOU!

In the name of Jesus Chirst, a name that means more and more to me each day, HOLY! HOLY! HOLY!, THANK YOU! Amen.

48 posted on 11/19/2003 5:27:19 PM PST by Republic
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To: appropos
"You can't just say it, you are going to have to prove it," Connor said, adding to not hold a trial would then violate Bush's due process rights.

"We believe the governor is entitled to the same due process rights as any other citizen," Connor said. "He's not a second class citizen because he is the governor."


Don't you just love Ken Connor? God bless him.
49 posted on 11/19/2003 5:29:31 PM PST by kenth
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To: NYer
Thanks so much for the ping to this great news.
50 posted on 11/19/2003 5:31:03 PM PST by amom
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