Governor Seeks New Trial Over Brain Damaged Woman's Wishes

Tampa Bay Online ^ | November 19, 2003 | Vickie Chachere

[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.

[livius]

I see that you know how to analyze this. I think he zeroed in on exactly the correct points.

I think it's fantastic. Go Jeb! (Do you think we could get a third Bush in the WH?)

[pollywog]

Ken Connor is GREAT.....does anyone have a email addy for him?

Don't you just love Ken Connor? God bless him.

[CindyDawg]

Yeah. That's what I'm thinking too. Who decides though?

[sweetliberty]

"Do you think we could get a third Bush in the WH?"

I'd vote for him. And an added bonus would be all the weeping and wailing and gnashing of liberal teeth. When liberals are unhappy, I am happy and the reason I am happy is because when they are unhappy I am assured that we're moving in the right direction.

[CindyDawg]

Yall see this?http://www.freerepublic.com/focus/f-news/1025250/posts

[livius]

an added bonus would be all the weeping and wailing and gnashing of liberal teeth

I agree. I can hear it now...sort of like Niagara Falls or the sound of a freeway in the distance...grrr, grrr, grrr...

[firerosemom]

LOL!

[pollywog]

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

Weeping and agreeing with you in Praise!!!

[pollywog]

Yall see this?http://www.freerepublic.com/focus/f-news/1025250/posts

Are we a sick society or what?? Terri must die, rats must live......honestly!!!!!

[slym]

Bravo Governor Jeb! A BUMP for Terri...

[MainFrame65]

Finally, thank G_d, this issue comes to the top. I am reposting below something a wrote a few days ago on this.

The tragic, terrible flaw in this case - and in the laws and procedures that govern how it has proceeded - is that it has allowed the life of Terri Schiavo to be placed in the hands of one flawed, incompetent judge, without provision for review or appeal of his sole evaluation of the facts.

As I understand recent appellate decisions regarding the death penalty, it can be imposed only by a jury. No judge, no single individual, from the President on down - posesses the legal power to sentence even the worst offender to death. That requires a jury, and an exhaustive review by many others, at many levels of the system. But Judge Greer, even though he is physically incompetent to evaluate the consciousness of Terri Schiavo due to his visual impairment - has seized and held onto this obscene power like the grim death he intends to impose on his victim.

How can a law that allows this terrible situation fail to be unconstitutional on its face? But this was the situation, until the Governor and the legislature acted to correct it, at least in part. Now they must defend their intervention against attempts by the old system to reimpose its will and restore their old power. It MUST NOT HAPPEN.

[Republic]

You must take the time to send your awesome post to Attorney Connor and to Jeb and Pat Anderson. It would not hurt to send copies to Judge Greer and Judge Baird, as well.

You are so right, this CANNOT STAND.

[pollywog]

How will this new filing affect a decision that MS is seeking in getting the bone scan reports sealed?? Anyone know??

http://freerepublic.com/focus/f-news/1025118/posts?page=41#41

[pollywog]

You must take the time to send your awesome post to Attorney Connor and to Jeb and Pat Anderson. It would not hurt to send copies to Judge Greer and Judge Baird, as well.

I second THAT!!!!

[pollywog]

Let me try this again....Here goes

How will this new filing by Jeb Bush, affect MS's request in getting the bone scan reports sealed?? Anyone know?

[nicmarlo]

Here I am, sweetliberty! I couldn't get online 'till now, then I read the threads you pinged me to. I am so very happy about what Bush is doing. I pray that God's will be done....but in any account, I do believe that the evil which, up to now, has been hidden, will come to light, for ALL TO SEE. I pray that "Judge" Greer goes down. I pray that "Judge" Baird goes down, and the Sheriff who did not do what was right, and Mikhell, who tried to kill his wife, and all the many "others" we don't even know about.

Our God is an awesome God 
He reigns from heaven above
With wisdom power and love
Our God is an awesome God

---------

Luke 12:2
But there is nothing covered up that will not be revealed, and hidden that will not be known. 3 Accordingly, whatever you have said in the dark will be heard in the light, and what you have whispered in the inner rooms will be proclaimed upon the housetops.

---------

Jeremiah 23:24
"Can a man hide himself in hiding places so I do not see him?" declares the LORD. "Do I not fill the heavens and the earth?" declares the LORD.

---------

II Chronicles 16:9
For the eyes of the LORD move to and fro throughout the earth that He may strongly support those whose heart is completely His. You have acted foolishly in this. Indeed, from now on you will surely have wars.

---------

Genesis 4:10
The voice of thy brother's blood crieth unto me from the ground.

---------

Psalm 139:7-8, 11-12
Whither shall I go from thy spirit? or whither shall I flee from thy presence? If I ascend up into heaven, thou art there: if I make my bed in hell, behold, thou art there. . . . If I say, Surely the darkness shall cover me; even the night shall be light about me. Yea, the darkness hideth not from thee; but the night shineth as the day: the darkness and the light are both alike to thee.

---------

Ecclesiastes 12:14
God shall bring every work into judgment, with every secret thing, whether it be good, or whether it be evil.

---------

Matthew 10:26
There is nothing covered, that shall not be revealed; and hid, that shall not be known.

---------

Luke 8:17
For there is nothing hidden that will not be disclosed, and nothing concealed that will not be known or brought out into the open.

---------

Hebrews 4:13
Nothing in all creation is hidden from God's sight. Everything is uncovered and laid bare before the eyes of him to whom we must give account.

[sweetliberty]

AMEN nic! Excellent choice of scriptures, and good to include in our prayers.

[nicmarlo]

BTW, you have FReepmail.

[Krodg]

Do you know when Michael filed to block the bone scan?

[nicmarlo]

Uniform Case	Pinellas Case	Section	Case Type	Type
522003CA008212XXCICI	03008212CI	020	DECLARATORY	CI
Style:	SCHIAVO MICHAEL
vs.	BUSH JEB
Jury Trial	STIP	NOTH	Reason	Type Disp.
		Y
Filling Date	Appeal Date	Judg. Date	Reop Date	Docket Date
10/21/03	11/14/03
Case/Cat
DECLARATORY JUDGMENT

 

10 Docket Entries, 11/19/03 to 11/17/03

Pages	Date	P/D	Docket Entry	Ver
	11/19/03	DEFENDANT	BY JEB BUSH	F
	11/19/03	DEFENDANT	MOTION FOR DISQUALIFICATION OF JUDGE	N
	11/19/03	DEFENDANT	BY JEB BUSH	F
	11/19/03	DEFENDANT	MOTION STRIKE PETITION/PLTF BRIEF	N
	11/19/03	DEFENDANT	DEMAND FOR JURY TRIAL	N
	11/19/03	DEFENDANT	AFFIRMATIVE DEFENSES	F
	11/19/03	DEFENDANT	ANSWER OF: JEB BUSH AND	N
	11/17/03	DEFENDANT	TO RESPOND TO MOTION BY 111803	F
	11/17/03	DEFENDANT	DCA ORDER: GRANTING APPELLANTS EMER MOTION FOR STAY/APPELLEE	N
	11/17/03	PLAINTIFF	ROBERT M PORTMAN/NICOLE G BERNER TO APPEAR PRO HAC VICE	F

NOTH	Notice of Hearing
STIP	Stipulation
Ver	Verified: F=Filed, N=Not Filed/Notice. There is no case file document associated with a notice.

[nicmarlo]

Pages	Date	P/D	Docket Entry	Ver
	11/17/03	PLAINTIFF	ORDER GRANTING MOTIONS OF THOMAS J PERRELLI/	N
	11/17/03	PLAINTIFF	NOTICE OF HEARING 111403 @ 10:00	F
	11/17/03	DEFENDANT	MEMORANDUM OF LAW IN OPPOSITION TO MOTION VACATE AUTOMATIC STAY	F
	11/17/03	PLAINTIFF	MOTION TO VACATE AUTOMATIC STAY	F
	11/17/03	CLERK	LETTER FROM CLERK RE: APPEAL NOTICE TO DCA	F
	11/14/03	DEFENDANT	NOTICE OF APPEAL / ROBERT & MARY SCHINDLER	F
	11/14/03	PLAINTIFF	ORDER GRANTING MOTION TO VACATE AUTOMATIC STAY	F
	11/14/03	DEFENDANT	APPELLEE TO RESPOND TO APPELLANTS MTN BY 05:00 PM ON 111803	F
	11/14/03	DEFENDANT	IS TEMPORARILY GRANTED UNTIL FURTHER ORDER OF THIS COURT /	N
	11/14/03	DEFENDANT	ORDER DCA APPELLANTS EMERGENCY MOTION FOR STAY OF PROCEEDINGS	N

[Krodg]

Sorry to always seem so dense..but which one was concerning the bone scan?

[editor-surveyor]

About time!!!!!!!!!!!

[nicmarlo]

Actually, I don't see it listed on there, myself. This is the list one can get from the Pinella County Courthouse....which should include all motions and other documents filed with the court in this case. I see no "plainiff" motions filed today. Perhaps it's being logged in still, and will show up tomorrow.

[nicmarlo]

plainiff = plaintiff, of course.

[pollywog]

Do you know when Michael filed to block the bone scan?

I am not sure but I believe it was yesterday, November 18th.

[CindyDawg]

Do you know if Terri gets a jury trial if the decision has to be unanimous?

[JulieRNR21]

Thanks for the ping.....BRAVO JEB BUMP!!!

[pollywog]

AMEN nic! Excellent choice of scriptures, and good to include in our prayers.

and we can all sing the chorus " Our God is a awesome God" in worship and praise right here on FR. " where two or three are gathered in my name....." who said we can't have a praise service right here!!....singing now......" Our God is a awesome God, He reigns from heaven above...."

[CindyDawg]

If JB goes to trial can he subpoena Terri? I mean it's not like she doesn't have a wc anymore :')

[nicmarlo]

Thomas J. Perrelli is a partner in Jenner & Block’s Washington, D.C. office. A former Deputy Assistant Attorney General in the Civil Division of the United States Department of Justice, Mr. Perrelli rejoined Jenner & Block as a partner in 2001. Mr. Perrelli is a member of the Firm’s Appellate and Supreme Court, Litigation, and Media and First Amendment Practices. Mr. Perrelli’s practice concentrates on litigation with a public policy or regulatory component and on counseling clients with complex legislative and regulatory problems.

In 1997, Mr. Perrelli left Jenner & Block to join the Department of Justice and served as counsel to Attorney General Janet Reno.

The ACLU of Florida is serving as co-counsel in a lawsuit filed against the state on behalf of Michael Schiavo. The case is Michael Schiavo, as Guardian of the person of Theresa Maria Schiavo vs. Jeb Bush, et al., (No. 03008212C1-20). The legal team consists of: George J. Felos, of Felos & Felos, P.A. in Dunedin, Fla., Deborah A. Bushnell, also of Dunedin, Fla., ACLU of Florida Legal Director Randall Marshall, and ACLU of Florida cooperating attorneys: Thomas J. Perrelli, Robert M. Portman and Nicole G. Berner of the Washington-based law firm of Jenner & Block LLC.

[nicmarlo]

if Terri gets a jury trial if the decision has to be unanimous?

I would assume that any jury for any trial would have to operate under the normal jury rules. They must all agree or it's a hang jury--mistrial.

[Tax-chick]

Wooga wooga! As long as they're litigating, she's still alive. Now how about some THERAPY? How can they hold a trial about her wishes without giving her the opportunity to communicate?

[Chancellor Palpatine]

I think this is a GREAT standard to promulgate. Now, instead of being able to resolve these issues of medical guardianship efficiently, we can tie up people's time on juries on every case where there is a family squabble, and make tons of money for lawyers. So now, instead of jury duty infrequently, we can count on getting rotated in every time Ma says that Junior grinned, and wife says he's a cucumber, and we can all listen to that scintillating dialogue. Hooray for conservatism!

[CindyDawg]

Strange things happening lately so I didn't know. I like those odds. Yep. I really do. She would only need one supporter. Out of 12 people maybe one could be a freeper but the way things bounce around here It would probably be one of our resident trolls:'(

[CindyDawg]

You're late. Where have you been? :')

[nicmarlo]

You talk as if this "little family squabble" they're having is in trying to decide which side of the street to let the dog take a dump.

Perhaps you should take your "enlightened and intelligent" mind and to something less difficult to comprehend.

[nicmarlo]

God is still God....He's still calling the shots. And He's taken notice in Florida, over little Terri Schiavo, let me tell you. I think what's going on there must really stink to high heaven!

[CindyDawg]

Never a doubt but He also see's the floridians whose hearts are right too. Not all is bad in Florida. This could be any state. They are just fortunate to have a governor that will stand up for what is right.

[nicmarlo]

the best approach was for Jeb to just issue a decree, and to quit pretending that there was anything to do with process or legality on this one

Well, see, "Judge" Greer's already done pulled that trick, that, Mr. Observant. And all the good ol' boys who's done helped him, there. Now, ya see, there's rules and laws to follows...and by golly, that's just what the good Govn'r intends to make sure happens. Is that there plain enuf for ya?

[Chancellor Palpatine]

Oh, right. The grand conspiracy that included everybody who ever touched that case file. How could I have forgotten those wild accusations?

[CindyDawg]

I thought lawyers liked jury trials. I hear what you are saying but to me none of it matters because Terri had today and it looks like she will have tomorrow too. If it's one day at a time so be it. It's out of our hands anyway. We aren't the One in charge.

[nicmarlo]

Yes, those wild accusations made by the RN's and CNA's, and the doctors, why, that's just all "garbage" and "fiction." Yeah, those inconvient affidavits. Now, if we could just sweep EVERYTHING under the carpet, MURDER WOULD BE SO MUCH EASIER FOR MIKHELL TO GET AWAY WITH, and people like you, too.

[Diva Betsy Ross]

Okay so you still don't get it.. why do we need to know that? We know you don't get .. you can rest soundly knowing that we got the point of all of your posts; You don't understand the function of the government, you don't understand this case, you don't understand the ramifications of this case on our Republic. Good heavens , you can stop repeating yourself. You don't get.. we know that already.

[nicmarlo]

Not all is bad in Florida.

No, but that state sure has been in turmoil/causing turmoil, for some years now........I was thinking about that the other day....there's a spritual battle going on in that state, IMHO.

[Politicalmom]

Will this do??

[TaxRelief]

So we're back to the Dean's Inner Circle at the University of Miami, again. Surprise, surprise.

[Krodg]

I am not sure but I believe it was yesterday, November 18th.

I'm sure some smart@ss will correct me where I'm wrong...but the Schindler's file to have Michael's guardianship revoked..the judge doesn't hear their plea until the Govenor and Legislature step in aprx 2 yrs later..the judge gives Michael 10 days to respond..at the last minute Michael files to block evidence..he gets a hearing the next day?

2 yrs wait for Schindlers..1 day for Michael....no rush here....nope!!

[Chancellor Palpatine]

Terri Schiavo doesn't mean beans to the Republic - shes a turnip, and can't contribute diddly. All she can do is subtract resources and consume time. As for repetition? Nobody is more repetitious than you obsessives - lots of "yeah, me too-isms" on these threads.