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Circuit judge turns down Bush request for Schiavo advocate
The Miami Herald ^ | 1/09/2003 | Associated Press

Posted on 01/09/2004 8:37:07 PM PST by OutInTheColdAgain

CLEARWATER, Fla. - Gov. Jeb Bush's request that an independent advocate continue watching out for Terri Schiavo, the brain-damaged woman at the center of a life-and-death legal battle, was turned down Friday by the chief circuit judge for Pinellas County.

Chief Judge David Demers said in an order that he would not reappoint a guardian ad litem to the case, citing pending litigation over the constitutionality of the law which called for the independent advocate.

Terri Schiavo, 40, who doctors say is in a persistent vegetative state, has been the subject of a long legal battle between her husband, who has sought to disconnect the feeding tube keeping her alive, and her parents, who want to take care of her.

Terri Schiavo's feeding tube was disconnected for six days in October on the husband's orders, but Florida lawmakers and Bush intervened and ordered her feedings resumed. The new law that let the governor order the feedings resumed also called for a guardian ad litem to be appointed to the case and issue a report to the governor.

Once the report was issued, the guardian was dismissed. The judge refused a reappointment.

"The ruling is disappointing," the governor's office said in a statement. "The bill passed by the legislature and signed by the governor is still law and we believe it should be followed.

"Terri Schiavo yet again has been denied an independent voice in the proceedings that may very well determine the outcome of her life."

The December report by the temporary guardian, University of South Florida medical professor Jay Wolfson, recommended that further tests be done but did not take a side in the controversy of whether Terri Schiavo wanted to be kept alive artificially.

Wolfson had tried to broker an agreement between Michael Schiavo and his in-laws that would settle the legal battle.

Wolfson, Bush and Terri Schiavo's parents, Bob and Mary Schindler, wanted him to remain on the case.

Pat Anderson, the Schindlers' attorney, said Demers' ruling was "strange."

Schindler attorneys have argued that Terri Schiavo deserved to have an independent advocate to advise the judge handling her case, saying her husband has a conflict of interest because he is engaged to another woman and they have children together.

Michael Schiavo, who is his wife's guardian, had argued that Wolfson has completed the investigation and that Demers lacked the authority to reappoint Wolfson.

In his order, Demers said his decision was influenced by a 2nd District Court of Appeal statement that the law allowing for Wolfson's appointment is "presumptively unconstitutional."

Another Circuit Court judge is ready to rule on whether it is, but the legal fight is expected to end up before the Florida Supreme Court.

Demers said in his order that the governor can again seek the reappointment of a guardian ad litem if the law is ultimately found constitutional.


TOPICS: News/Current Events
KEYWORDS: daily; injustice; justicedenied; schiavo; schindler; terri; terrischiavo; terrischindler; terrisfight
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1 posted on 01/09/2004 8:37:08 PM PST by OutInTheColdAgain
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To: OutInTheColdAgain
Welcome to Freerepublic.
2 posted on 01/09/2004 8:39:07 PM PST by Pan_Yans Wife (Freedom is a package deal - with it comes responsibilities and consequences.)
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To: All
Rank Location Receipts Donors/Avg Freepers/Avg Monthlies
50 Ireland 50.00
1
50.00
24
2.08


Thanks for donating to Free Republic!

Move your locale up the leaderboard!

3 posted on 01/09/2004 8:40:51 PM PST by Support Free Republic (Freepers post from sun to sun, but a fundraiser bot's work is never done.)
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To: Pan_Yans Wife; OutInTheColdAgain
Circuit judge turns down Bush request for Schiavo advocate

?.....Is Terri.....a Jewess?

?.....are the Judges _______?

?.....What political 'Party' do they enjoy?

Deuteronomy 6:4-5

:-(

4 posted on 01/09/2004 8:55:37 PM PST by maestro
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To: OutInTheColdAgain
Welcome to FR.
5 posted on 01/09/2004 9:03:51 PM PST by kimmie7 (Chuck a chunka serious change to FR today!)
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To: windchime; trustandobey; floriduh voter; Ohioan from Florida; Theodore R.; Pegita; dandelion; ...
ping
6 posted on 01/09/2004 9:05:35 PM PST by kimmie7 (Chuck a chunka serious change to FR today!)
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To: OutInTheColdAgain
When the moon is full, all the Florida judges put on their white sheets and get together to hold services that involve dead chickens.
7 posted on 01/09/2004 9:06:41 PM PST by T'wit
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To: OutInTheColdAgain
This means hubby's still the guardian and Terri has no one to represent her. Even though the ad litem recommended testing of Terri to see if she could respond it probably won't happen. Courts are loathe to overturn a guardian once they're appointed. It's not just Florida.
8 posted on 01/09/2004 9:38:18 PM PST by Sabatier
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To: Sabatier; OutInTheColdAgain; floriduh voter
"Another Circuit Court judge is ready to rule on whether it is, but the legal fight is expected to end up before the Florida Supreme Court.

Demers said in his order that the governor can again seek the reappointment of a guardian ad litem if the law is ultimately found constitutional."

Ken Connor, in an interview with Greta van Susteren on "On The Record" tonight, said he wants to ask a jury to decide the case, and may go to US District Court.

9 posted on 01/09/2004 10:54:03 PM PST by msmagoo
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To: OutInTheColdAgain; kimmie7; cyn; maestro; T'wit; msmagoo
Judicial tyranny rears its ugly head again.

Seems the insanity of the black robed brotherhood is a greater danger to our country, than those who parade around in white robes.

They've circled the wagons around the stupidity of that idiot Dishonorable judge Greer. Protecting one of their own has a greater standing than applying the statues and Constitution of Florida to a woman they have condemned to death, though she's not committed a crime.

The Florida court system is not fit to sit in judgment on any question of law related to Terri.

They have already ruled she must die by starvation, and can be expected to gavel down any argument to the contrary.

Likewise, the federal district court in Pinellas County has tag-teamed with the local circuit court to squash any relief.

I remain adamant in my belief that 'Terri's Law' was a cruel con created in response to America's anger at the boy who would be governor and the state legislature for refusing to use their separate authority to change the way the death industry does business in Florida.

It would seem 'Terri's Law' was designed to take the monkey off their back for allowing the 'system' to complete its barbaric execution of Citizen who is not a criminal.

I believe 'Terri's Law' was designed to be overturned; permitting the death industry to do business as usual. Delayed, but on target.

Jeb Bush is doing what he said he would do from the beginning.

Nothing.

A lot of 'I did everything I could' smoke and mirrors......amounting to nothing.

Calling upon the legal profession to show him how he could apply the authority of his office was a transparent ruse any child could see. The briefs and court filings drawn by his office have failed consistently, because they were drafted to fail.

In his friend of the court federal filing, he focused on the statues and constitution of Florida, rather than support the arguments from Terri's lawyers that federal law and the protection of the American Constitution were being denied to Terri. The arguments were drafted primarily by New Jersey attorney Christopher Ferrara, of the American Catholic Lawyers Association with the pro-bono Schindler family lawyer, Pat Anderson, as co-counsel.

The black robe here was U.S. District Judge Richard A. Lazzara. According to witnesses, Lazzara didn't do much listening before rejecting:
their plea that his court assume federal jurisdiction over the case;
refused to acknowledge that federal statutes and constitutional rights were at issue;
declared Terri's 14th Amendment right to due process, had not been violated.

Lazzara also rejected a request a temporary injunction on removing Terri's feeding tube, until she has received sufficient therapy and training to enable her to be spoon-fed.

So what did you expect? Justice??? The death industry is a global thing. Billions of dollars are in the pot, and they will have their way.

Beware the 'system' and their lackey white robes dyed black.

The terror from the bench is greater that the burning cross on a lawn. The white robes were insane vigilantes. The black robes are spreading their terror under the color of law - with the silence of the executive and legislative branches of government looking on.

The persecution of Joan of Arc is being relived in Florida, and the Citizens of that state could care less - as their being herded into the slaughter house.

The 'system' will have its way with Terri. Sooner or later. The powerful have scripted it, and this brief and insignificant peasant uprising will not deny them their goal.

10 posted on 01/10/2004 2:19:56 AM PST by Robert Drobot (God, family, country. All else is meaningless.)
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To: Robert Drobot; tutstar; FL_engineer; msmagoo; KDubRN; floriduh voter
sad bump.

CONTINENT DEATH -- the REALITY of the slippery slope. This is how it begins.

"The practice has become so common that 45 percent of neonatologists and 31 percent of pediatricians who responded to Lancet surveys had killed babies. [think about this: half the doctors who specialize in life -- in neonatology -- are willing, and HAVE killed, their tiny patients!]

It gets worse: Repeated studies sponsored by the Dutch government have found that doctors kill approximately 1,000 patients each year who have not asked for euthanasia. This is not only a violation of every guideline, but an act that Dutch law considers murder. Nonvoluntary euthanasia has become so common that it even has a name: "Termination without request or consent."

This is real, and is happening before our eyes.

11 posted on 01/10/2004 4:11:26 AM PST by cyn (MISS YOU, LARRYLIED.)
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To: Robert Drobot
Why the fall of the Empire of Rome?

Why the fall of the Empire of Alexander?

Why the fall of the Empire of Medes-Persians?

Why the fall of the Empire of Babylon?

Why the fall of the Empire of Assyria?

Why the fall of the Empire of the Hittites?

Why the fall of the Empire of Egyptians?

Why the fall of the Empire of China?

Why the fall of the Empire of India?

Why the fall of the Empire of Japan?

Why the fall of the Empire of Israel?

Why the fall of the Empire of ______?

Why the fall of the Empires of the Anti-Deluvians?

Why the fall of the Empires of the Post-Deluvians?

Why the fall of the Empire of the U.N.

Why the fall of the Empire of the Devil?

Galations 6:7-8

12 posted on 01/10/2004 5:11:11 AM PST by maestro
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To: Robert Drobot
We have a dictatorship of judges. And we have the nerve to preach to other countries about their form of government.

If there is a conflict of interest -- where the husband is suspected of trying to kill Terri as well as have financial motives and sadistic hate -- it would only be normal to have an impartial guardian.

Something is very wrong with these judges. It would be interesting to find out what is Demers' agenda and/or connection to the Felos/Michael camp.

13 posted on 01/10/2004 5:22:55 AM PST by Dante3
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To: OutInTheColdAgain; msmagoo
Terri Schindler Schiavo, NOT in a coma, NOT pvs:

.


14 posted on 01/10/2004 5:49:39 AM PST by cyn (miss you, Larrylied)
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To: PrepareToLeave; Pegita
Dear Terri -- Wanted to let you and your family know we are thinking of you and keeping you in our prayers. We are looking forward to the time when you gain your freedom -- free to go to the beach as you used to love to do, free to enjoy pets once again, to go out to get fixed up as in the above photo taken in about '91 or '92. That photo shows that you are NOT in a coma, have not been for all these years.

We keep you in our prayers all the time, tell our friends and strangers about you, send emails and letters, and awaken in the middle of the night wondering what more can be done for you. . .

May any person who is any part of planning evil against you be ashamed and turn from his part in this. I pray for God to move in that person's life in some way to soften his heart. Man can do nothing, but through God ALL things are possible.

May any and all who are in any position to help you do whatever they see to do.
15 posted on 01/10/2004 11:46:12 AM PST by cyn (mustard seed, mustard seed...)
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Bump for Terri.
16 posted on 01/10/2004 3:19:39 PM PST by cyn (Larrylied fan club: 2 and counting!)
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To: OutInTheColdAgain
Welcome to FreeRepublic! Thanks for posting this. Don't know where everyone is, but lurkers are seeing this.
17 posted on 01/10/2004 3:21:14 PM PST by cyn (Larrylied fan club: 2 and counting!)
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To: Robert Drobot
i have to agree with all you say robert.....a county judge can over rule the governor and legislature???? jeb could stop this if he really wanted to...i am trying to hold on with continued prayer for terri because only God can save terri. He does work in His ways so none of us can predict what are in His plans
18 posted on 01/10/2004 3:25:05 PM PST by fiesti
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To: phenn; floriduh voter
For the past decade the media has been allowed to portray Terri as "comatose" or "in a coma".

In fact, here's a CNN story from August 2003:

Judge: Comatose woman must be treated

Tuesday, August 26, 2003 MIAMI, Florida (CNN) -- A woman who has been ruled to be in a persistent vegetative state and is fed through a tube . . .

Their URL is http://www.cnn.com/2003/LAW/08/26/comatose.woman/; that's also their designation for the accompanying picture.

The stupid thing is, this is the picture they used:

The related stories have titles "Judge allows comatose woman to die" and "Ruling ends feeding of comatose woman"; the email alerts are for Terri Schiavo, coma, and comatose.

Gee, d'ya think they have an agenda??

19 posted on 01/10/2004 4:46:33 PM PST by cyn (Larrylied fan club: 2 and counting!)
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To: fiesti; maestro; cyn; PrepareToLeave; Pegita; Dante3
fiesti wrote in part, "...i am trying to hold on with continued prayer for terri because only God can save terri. He does work in His ways so none of us can predict what are in His plans."

There is no doubt all things are possible through our Savior Jesus Christ. However, I'm reminded it was 'free will' which created the moral corruption of Sodom and Gomorrah.

'Free will' has turned America away from God, and the price for denying Him is eternal damnation.

The penalty for degenerate and narcissistic indulgence can only be lifted -through sincere repentance during the span a lifetime - not at the moment of death.

America shows no desire to rise from its immersion in its pit of sin. We live in a modern day Sodom and Gomorrah.

Each of us will finally be judged by our sins of commission and omission. Bearing false witness by intentionally misinforming citizens about Terri's physical condition, is a declaration of denial of His Law.

I pray His judgment of those seeking to murder Terri, and those who have chosen the role of an active or passive collaborator be swift and merciful. May his wrath be felt by anyone, in or out of Florida, who, having knowledge of this intended murder, chooses to either do nothing, or worst, pretends to act in her behalf.

He will not be denied.

20 posted on 01/11/2004 6:00:51 AM PST by Robert Drobot (God, family, country. All else is meaningless.)
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