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.

[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.