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New Guardian Urged for Terri Schiavo, More Evaluation of Her Condition Needed
LifeNews.com ^ | December 2, 2003 | Steven Ertelt

Posted on 12/02/2003 11:28:31 AM PST by nickcarraway

Tallahassee, FL (LifeNews.com) -- An independent guardian appointed for Terri Schiavo told Governor Jeb Bush Tuesday that she deserves a permanent guardian other than her estranged husband Michael. He also claimed Terri is in a permanent vegetative state, but added that she should be re-evaluated by experts.

Under Terri's Law passed by the state legislature, an independent guardian was authorized to provide Governor Bush with recommendations about Terri's situation.

On October 31, Chief Pinellas-Pasco Chief Judge David Demers appointed Dr. Jay Wolfson, a professor of health and law at Stetson University in Florida, as Terri's guardian ad litem, despite the suggestion of bias from Terri's family.

Wolfson submitted a lengthy thirty-page report to Bush on Tuesday.

According to a source familiar with the report, Wolfson describes Terri as being in a persistent vegetative state. However, numerous doctors say otherwise and videos made by Terri's parents show her responding to doctors and her family.

Dr. William Hammesfahr, a neurologist from Clearwater, where Terri was hospitalized, is a recognized national expert on PVS and is a Nobel prize nominee. He says Terri's eyes clearly fixate on her family and she tries to follow the simple commands her parents give her.

"She looks at you, she can follow commands," Hammesfahr said.

Wolfson says Terri should be granted a permanent guardian other than Michael Schiavo. Among other concerns, Terri's family says has denied her appropriate medical and rehabilitative care he was obligated to provide from a medical malpractice award he received.

Wolfson also said medical experts should be brought in to evaluate Terri's cognitive function and her rehabilitative abilities.

Following the passage of Terri's Law, Wolfson told WFTS-TV in Tampa, Florida: "If this law stands the constitutional test of the courts, then it certainly implies the executive of our state has the prerogative of injecting the state into your life, or your family member's life."

Pat Anderson, the family's attorney, later told LifeNews.com that they met with Wolfson and were "very hopeful he can get his work done in the thirty days given to him."

Related web sites:

Terri's family - http://www.terrisfight.org


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: courts; florida; jebbush; prolife; righttolife; schiavo; schindler; terrischiavo; terrisfight
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1 posted on 12/02/2003 11:28:33 AM PST by nickcarraway
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To: Lady In Blue; Canticle_of_Deborah; MarMema; kimmie7; floriduh voter; JulieRNR21; NautiNurse; ...
ping
2 posted on 12/02/2003 11:28:50 AM PST by nickcarraway (www.terrisfight.org)
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To: nickcarraway
Wolfson says Terri should be granted a permanent guardian other than Michael Schiavo

Yes!!!!

3 posted on 12/02/2003 11:30:31 AM PST by CFW
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To: nickcarraway
Thanks for the ping Nick!

Is it just me or are the articles on Lifenews. com confusing??

Anyway, From what I understand from this article, the bottom line is Wolfson recommends Terri have a permanent guardian other than MS.

Wooo Hoooo for small victories!
4 posted on 12/02/2003 11:37:13 AM PST by wisconsinconservative ("The penalty good men pay for indifference to public affairs is to be ruled by evil men.")
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To: nickcarraway; Budge; Pegita; cyn; Ladysmith; Calpernia; Babalu; floriduh voter; dandelion; ...
"An independent guardian appointed for Terri Schiavo told Governor Jeb Bush Tuesday that she deserves a permanent guardian other than her estranged husband Michael."

WooHoooooooo!!!!!!!!!!!!!

Ping for some good news!

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

5 posted on 12/02/2003 11:38:36 AM 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: nickcarraway
WOOOOHOOOOO!!!! YES!!!!!

God is watching down upon Terri!!
6 posted on 12/02/2003 11:39:24 AM PST by Micavaga
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To: nickcarraway
YES !!!!!!!!!!!

MAJOR VICTORY !!!!!!!
THANK YOU GOD !!!

1 down, one to go...
7 posted on 12/02/2003 11:40:02 AM PST by Orlando
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To: nickcarraway
"He also claimed Terri is in a permanent vegetative state, but added that she should be re-evaluated by experts."

I don't believe that he is qualified to make that determination, but at least he was willing to defer to those who are. Question is, will she have the opportunity to be evaluated by someone chosen by her parents and not the HINO?

8 posted on 12/02/2003 11:40:21 AM 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: wisconsinconservative
Yes, Terri has had so few judicial victories. Of course, I suspect that the FL judges will now ignore this guardian ad-litem, as they did the earlier one. The FL judges can say that because Wolfson said Terri is "PVS," then there is no need to re-evaluate anything but proceed on with her destruction. Who decides whether to listen to Wolfon's recommendation anyway? Still a small victory this afternoon! Who knows what the liberal Baird court will decide later in the day? I had thought that Wolfson would side firmly with Schiavo-Felos, as he had indicated his opposition to Terri's Law at the outset.
9 posted on 12/02/2003 11:41:03 AM PST by Theodore R.
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To: nickcarraway
He also claimed Terri is in a permanent vegetative state,

Boy, will that upset the "all Terri, all the time" crowd here at FR.

10 posted on 12/02/2003 11:41:20 AM PST by Wheee The People (If this post doesn't make any sense, then it also doubles as a bump.)
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To: sweetliberty
Good news bump!
11 posted on 12/02/2003 11:42:17 AM PST by TheSpottedOwl (I'd rather have dead rats in my walls, than Hillary for President.,)
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To: sweetliberty
Terri deserves a real guardian.

Come to think of it - so does Michael, although in his case he needs more of a guard than a guardian.

12 posted on 12/02/2003 11:44:49 AM PST by headsonpikes (Spirit of '76 bttt!)
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To: nickcarraway
There is power in prayer. Keep praying for this young lady. God will listen.
13 posted on 12/02/2003 11:46:58 AM PST by LADY J
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To: sweetliberty
Great News! Thanks for the ping.
14 posted on 12/02/2003 11:50:06 AM PST by FR_addict
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To: All
AMEN, Thank You Jesus, Thank You Lord!!!!!!!!!!! This is a small step but it is a step in the right direction, Please continue your Prayer Chains!!!!!!!!!
15 posted on 12/02/2003 11:52:14 AM PST by isatoi (Beauty fades, but STUPIDITY is forever!!!!!!!!!!!!!!!!!)
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To: CFW
An independent guardian appointed for Terri Schiavo told Governor Jeb Bush Tuesday that she deserves a permanent guardian other than her estranged husband Michael.

YES !!!!!!

16 posted on 12/02/2003 11:52:27 AM PST by Cayenne
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To: Wheee The People
I'm not sure why you think it should. Wolfson is an ATTORNEY, not a doctor or a healthcare professional of any sort. He was appointed for one purpose only: to evaluate the court documents on file and make a recommendation to Jeb Bush based on those. His conclusion that Terri is in a PVS is based entirely on the court record, much of which wasn't allowed into evidence. His conclusion that Terri needs to be medically re-evaluated for rehabilitation raises a strong possibility that he believes the court record doesn't accurately reflect her condition. If Terri's Law stands against the constitutional challenges of Felonious & Schyster, Terri will be re-evaluated by medical professionals as per Wolfson's recommendation.

Given that Wolfson started his appointment by making a public statement against the constitutionality of Terri's Law, I see this as a major victory for those who support Terri's right not to be killed by her husband.
17 posted on 12/02/2003 11:55:14 AM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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To: nickcarraway
Wonderful news...now pray it happens and Michael is stripped of his right to do anymore harm to Terri.
18 posted on 12/02/2003 11:56:23 AM PST by Simeonsdad
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To: All
We humbly thank you God for this miracle you are working before our very eyes. I am humbled at the thought of our Lord listening to prayers of us lowly humans in the hopes of saving one poor soul. We are blessed and I thank God that he finds us worthy to answer our prayers and help Terri!
19 posted on 12/02/2003 11:56:24 AM PST by atruelady
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To: Wheee The People
Doesn't upset my apple cart. He made that evaluation on documents set before him, but he added that she needs to be evaluated. So, even if he says she is PVS (based on what he was provided with) he left the door WIDE OPEN for someone to really investigate that particular item.
20 posted on 12/02/2003 12:04:43 PM PST by atruelady
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To: lonevoice
Agree with you, my thoughts exactly!!

I am so happy for Terri's family today! Wolfson's comments prior to his evaluation of Terri strongly suggest he does not agree with the 'facts' in the case record, as they pertain to her condition. I think he believes HINO has neglected his duties as guardian, focusing on ending her life and not allowing the rehabilition she deserves as part of the malpractice suit. A big win for Terri today!

MS will not be pleased! Only a matter of time before his abusive control over her life is pulled away, I hope. Book him!
21 posted on 12/02/2003 12:08:27 PM PST by msmagoo
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To: sweetliberty
What a birthday present :')
22 posted on 12/02/2003 12:08:38 PM PST by CindyDawg
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To: lonevoice
Good summary of the issues at hand.
23 posted on 12/02/2003 12:09:24 PM PST by Sabatier
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To: sweetliberty

24 posted on 12/02/2003 12:09:56 PM PST by Calpernia (Innocence seldom utters outraged shrieks. Guilt does.)
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To: nickcarraway
Heavenly Father, we return to give You thanks that one charged with determining Terri's best interests, has stated that someone other than her husband should be her guardian. I pray that You would add heavenly weight to these words as they come before the judge, for there, O God, have the hopes of Terri's family been set aside again and again.

Bring to her those qualified to look upon her physical condition .. may she so relate to a genuine desire to help that she will evidence all ~ and more ~ that her beloved family sees in her responses. Encourage her heart as the tempo of the legal arena increases .. stay the hand of those who would block any and all attempts to provide help to this mother's child. Hasten the day, Creator God, when all those touched by Terri's fight may, as one, bow before You in praise and thanksgiving for Your protection of one of the least of these, our brethren. Complete this family's circle with the return of this dear child, I pray.

Strengthen Terri's dear parents, and her brother and sister, for they must be so physically spent. Renew the zeal of her legal team and encourage each one who has had any part in this attempt to halt the march of the merchants of death. Thank You for the 40th birthday of Terri Schindler Schiavo ... may it mark the beginning of a year that celebrates her life ... in the Name of Jesus, and for His Sake, I pray, Amen ...

25 posted on 12/02/2003 12:11:20 PM PST by Pegita ('Tis so sweet to trust in Jesus, just to take Him at His Word ...)
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I meant to say: Wolfson's comments before evaluating her suggested he felt Terri's Law was intrusive...now, after evaluating her, he says MS should be removed as her guardian and Terri's condition should be should be reevaluated by experts. Meaning I think that he agrees with the need for Terri's Law!
26 posted on 12/02/2003 12:12:49 PM PST by msmagoo
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To: Pegita
Amen!
27 posted on 12/02/2003 12:13:39 PM PST by msmagoo
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To: sweetliberty
YES!!!!!!!!!!!!!!!!! YES!!!!!!!!!!!! YIPPEE!!!!!!!!!!!! PRAISE BE TO GOD!!!!!!!!
28 posted on 12/02/2003 12:17:13 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: Theodore R.
I had thought that Wolfson would side firmly with Schiavo-Felos, as he had indicated his opposition to Terri's Law at the outset.

I too feared this T.R. However I believe without a doubt that God is working on softening some hearts to truth.!! Maybe, JUST MAYBE Wolfson is one of them!!

29 posted on 12/02/2003 12:20:58 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
Alright! Great news!
30 posted on 12/02/2003 12:21:03 PM PST by countrydummy
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To: atruelady
We humbly thank you God for this miracle you are working before our very eyes. I am humbled at the thought of our Lord listening to prayers of us lowly humans in the hopes of saving one poor soul. We are blessed and I thank God that he finds us worthy to answer our prayers and help Terri

A hearty AMEN!!!!!!!!!

31 posted on 12/02/2003 12:22:12 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: 2nd amendment mama; A2J; Alouette; aposiopetic; attagirl; axel f; Balto_Boy; Blue Scourge; ...
ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

32 posted on 12/02/2003 12:24:56 PM PST by Mr. Silverback (Pre-empt the third murder attempt-- Pray for Terry Schiavo!)
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To: Pegita
Amen.
33 posted on 12/02/2003 12:25:02 PM PST by LADY J
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To: Pegita
AMEN!!!
34 posted on 12/02/2003 12:26:41 PM PST by Micavaga
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To: Wheee The People
He also claimed Terri is in a permanent vegetative state,

Boy, will that upset the "all Terri, all the time" crowd here at FR.

but added that she should be re-evaluated by experts.

You forgot this line!!!!!!!!!!

35 posted on 12/02/2003 12:27:18 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: Calpernia
Love this beautiful patriotic display!!!!
36 posted on 12/02/2003 12:29:28 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: All
This is fantastic news!! What a great birthday present for Terri!!!
37 posted on 12/02/2003 12:32:53 PM PST by angelwings49 (God Bless Terri & the Schindlers!)
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To: nickcarraway
Any other news source carrying this story yet?
38 posted on 12/02/2003 12:36:30 PM PST by FR_addict
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To: lonevoice
:0))

Bttt (very good news)

39 posted on 12/02/2003 12:37:16 PM PST by keri
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To: All
Dr. William Hammesfahr, a neurologist from Clearwater, where Terri was hospitalized, is a recognized national expert on PVS and is a Nobel prize nominee. He says Terri's eyes clearly fixate on her family and she tries to follow the simple commands her parents give her. "She looks at you, she can follow commands," Hammesfahr said.

MICHAEL SCHIAVO: Terri is in a chronic, persistent vegetative state.

LARRY KING: Meaning she has...

SCHIAVO: She has no awareness, no consciousness.

http://www.cnn.com/TRANSCRIPTS/0310/27/lkl.00.html

No unconscious "vegetable" could follow commands. Michael's lies are getting exposed.
40 posted on 12/02/2003 12:50:10 PM PST by Gelato
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To: Pegita
Amen
41 posted on 12/02/2003 12:51:26 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: nickcarraway
I can't get to this post. You can see that the article was posted earlier at the site, but now it seems to be blocked.

42 posted on 12/02/2003 12:51:43 PM PST by FR_addict
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To: FR_addict
CNN - Florida's Bush gets report on Schiavo (12-1, no details on Wolfson's recommendations)

WFTV.com - Major Developments In Terry Schiavo Case Could Come Today (poll needs FReeping)

Lifenews.com article not found! see google search = Terri+Schiavo

Waiting for more news ~ checking WorldNetDaily

43 posted on 12/02/2003 12:55:05 PM PST by msmagoo
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To: msmagoo
+ To God be the Glory ...
44 posted on 12/02/2003 12:59:21 PM PST by Pegita ('Tis so sweet to trust in Jesus, just to take Him at His Word ...)
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To: Pegita

A prayer answered, Thank You God
45 posted on 12/02/2003 1:03:39 PM PST by pickyourpoison
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To: Pegita; sweetliberty; nickcarraway; All
Keep praying! Just found this, it may explain why the LifeNews article is offline, if they are updating:

Governor's attorney blocked from taking depositions in Schiavo Case

CLEARWATER, Fla. -- A judge Tuesday blocked Gov. Jeb Bush's attorneys from questioning some potential witnesses in the legal battle over the life of a severely brain damaged woman.

Terri Schiavo's husband, Michael, is suing Bush in Pinellas Circuit Court over the constitutionality of "Terri's Law," the hastily passed measure which gave Bush the power to reinsert Terri Schiavo's feeding tube six days after her husband ordered it removed in October.

Michael Schiavo has said his wife, who is in a persistent vegetative state, did not want to be kept alive artificially. Her parents have waged a long legal battle to keep her alive.

Pinellas Circuit Court Judge W. Douglas Baird granted a motion by Michael Schiavo's attorney, stopping Bush's attorneys from taking depositions from seven people, including Michael Schiavo and the woman with whom he now lives.

Baird said that he may allow some questioning to take place later in the case.

46 posted on 12/02/2003 1:04:03 PM PST by msmagoo
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To: Pegita
Amen.
47 posted on 12/02/2003 1:05:58 PM PST by sam I am
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To: msmagoo
I swear, Baird is sounding as despicable as Greer. By the way, any word on when the guardianshiop hearing is supposed to take place?
48 posted on 12/02/2003 1:06:40 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: msmagoo
Thanks for the updates.
It's strange about the LifeNews article.
if you go here, you will see where nic orginally got the article:
http://www.lifenews.com/bioethics.html

But you can't get to it anymore. Hopefully they are just updating it as you suggest.

"Baird said that he may allow some questioning to take place later in the case."

I like the comment in your article. I bet if we keep sending him email, letters, and phone calls, he will let the questioning proceed. Why else would he say - "maybe later". He wants to see if the public is aware of what he does.
49 posted on 12/02/2003 1:09:41 PM PST by FR_addict
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To: msmagoo
I hope the LifeNews story was correct. It sounds like if it is, Judge Greer will have to make a decision in the case, whether to appoint a new guardian or not.

If Judge Greer does the right thing, then I wouldn't think it matters what Judge Baird decides to do in Terri's case, assuming the new guardian wouldn't try to kill her off. It would matter in other cases though and I hope they settle it, but if Michael S. is no longer the guardian, I don't see how he can be the plaintiff in the case.
50 posted on 12/02/2003 1:20:51 PM PST by FR_addict
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