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Can Bush Pardon Terri Schindler-Schiavo?
california republic ^ | 11/8/03 | Patterico

Posted on 01/24/2005 7:11:46 PM PST by eartotheground

Fighting For Her Life Inflicting 'Capital Punishment' on Terri Schiavo... [Patterico] 11/8/03

Imagine that a court is about to decide whether you will live or die. Although it's a frightening thought, you can take comfort in your constitutional rights. Here in the United States of America, your case will be decided by a jury of your peers, which cannot condemn you to death unless it finds the essential facts to be true beyond a reasonable doubt. If the courts convict you unjustly, you can ask the governor to issue a stay, or commute your sentence. And if you do not get a reprieve, the Constitution says that the government cannot cause you to die by cruel and unusual means.

You are entitled to these protections and more -- that is, if you face a death sentence because you committed a brutal murder. And here in California, you can count on legions of activists to protest if you are threatened unfairly with death.

But the situation is quite different for Terri Schiavo, the brain-damaged Florida woman whose husband obtained court approval to have her feeding tube removed - and would even have been worse had she been a resident of California. Unlike a convicted murderer, Ms. Schiavo was ordered to die based on the findings of a single judge, applying a standard of proof typically reserved for civil cases involving monetary awards, rather than life-or-death issues. If the political left had its way, Ms. Schiavo's death warrant could not be countermanded by the governor, as could occur in a criminal case. Finally, Ms. Schiavo was ordered to die in a way -- forced starvation and dehydration -- that would never be tolerated as a means of executing a murderer. Worst of all, a patient in Ms. Schiavo's position in California would likely receive even less protection under the law than Ms. Schiavo has received in Florida.

The stakes in the Schiavo case are high, just as they are a capital murder case.

In both cases, parties are litigating whether a human being will live or die. In both cases, the burden of proof is appropriately placed upon the party seeking to end a human life. And in both cases, the wrong decision could result in the killing of a person who neither wants nor deserves to die.

Despite the high stakes involved, the life of someone like Ms. Schiavo is not protected by our judicial system the way it would be if she were on trial for capital murder. Like all criminals, suspected murderers are constitutionally entitled to have their cases decided by a jury -- bringing to bear the collective experience and wisdom of a diverse group of people. Indeed, the Supreme Court recently held that a death penalty cannot constitutionally be imposed where the facts supporting the imposition of the penalty were determined by a judge, rather than by a jury. Moreover, all criminal defendants are entitled to have their guilt decided according to the stringent "beyond a reasonable doubt" standard -- the highest evidentiary standard in our judicial system.

By contrast, Ms. Schiavo -- who killed nobody -- was condemned to death based on factual findings made, not by a jury, but by a single probate judge. That judge was not required to decide the facts of her case beyond a reasonable doubt.

Rather, the judge ordered that Ms. Schiavo be starved and dehydrated to death, after making factual findings according to the lower "clear and convincing evidence" standard applicable in many civil cases.

As Ms. Schiavo's case shows, this standard can be very malleable in the hands of a single judge. The judge in Ms. Schiavo's case found "clear and convincing evidence" that Ms. Schiavo is in a persistent vegetative state from which she will never recover -- despite testimony and statements to the contrary from several respected doctors. Moreover, videos appear to show Ms. Schiavo responding appropriately to stimuli. Finally, people like Rus Cooper-Dowda are living proof that a person can be diagnosed to be in a persistent vegetative state, and live to tell the tale. Ms. Cooper-Dowda has written of the horror of lying in her bed, listening to doctors talking about when they were going to kill her. But arguments like this failed to sway the probate judge who alone decided Ms. Schiavo's case.

He believed the doctors who supported Mr. Schiavo's position -- and that was that.

Similarly, that judge found "clear and convincing evidence" that Ms. Schiavo would want to be starved to death, despite the fact that Ms. Schiavo left no written expression of her wishes, and her own family does not recall her saying anything about the issue. The evidence of her alleged desire to die consists entirely of hearsay testimony from Mr. Schiavo, his brother, and his sister-in-law, concerning statements they say Ms. Schiavo made in casual conversation.

Watching a television movie about Karen Ann Quinlan, Ms. Schiavo allegedly said that she would not want to be hooked up to a machine, or to be a burden to others. Discussing a friend's dying baby, Ms. Schiavo allegedly said that she wouldn't want to be kept alive with "tubes." Even if this testimony were taken at face value, Ms. Schiavo's statements do not clearly reflect a considered decision that starvation and dehydration would be preferable to receiving basic nutrition through a feeding tube -- especially if she had parents willing to care for her, no painful or terminal illness, and a possible chance at being weaned off of the feeding tube and being able to swallow food on her own.

Moreover, there is substantial reason to doubt Mr. Schiavo's claims regarding his wife's stated wishes. Mr. Schiavo suffers from clear conflicts of interest -- both emotional and financial. He has lived with another woman for eight years, and has sired two children by that woman. His statement that his wife would want to die conveniently facilitates his ability to inherit what remains of a $750,000 trust fund, created pursuant to a judgment in his wife's medical malpractice case. Mr. Schiavo won that judgment by arguing to the jury that he wanted to rehabilitate his wife -- never mentioning that she supposedly did not want rehabilitation under these circumstances. Once the trust fund was set up, Mr. Schiavo quickly refused to pay for the rehabilitation.

When the stakes are life and death, the system should not allow such evidence to be rejected based on a credibility determination made by a single judge, applying the same standard that juries use to decide whether someone who spilled coffee on their lap is entitled to punitive damages. That the evidence in the Schiavo case is susceptible to more than one reasonable interpretation is illustrated by the fact that a guardian ad litem, who was appointed early in the case, declared that he was troubled by Mr. Schiavo's obvious conflicts of interest, and did not find his claim regarding his wife's alleged wishes to be credible. The guardian recommended against the requested starvation and dehydration, but that recommendation was rejected by the probate judge. If the guardian was not convinced by Mr. Schiavo's claims, isn't it possible that the probate judge got it wrong?

The availability of judicial review is cold comfort. The political left continues to repeat the refrain that this case has been reviewed by 19 (or, depending on who is making the claim, 20, or even 24) judges -- all of whom examined the facts and ruled for Mr. Schiavo. Sadly, this just isn't true. The fact is that appellate courts almost never conduct an independent review of the facts. Instead, they defer to the credibility determinations made by the trial judge -- as long as some evidence was presented by the side that won. This case is no exception. The fact that the case has been appealed several times does not change the fact that the critical facts were decided by one man, and one man alone.

In criminal cases, society recognizes that such limited appellate review is sometimes inadequate to properly evaluate an accused's claim of innocence.

For this reason, our system of checks and balances authorizes the head of the executive branch to act as a sort of fail-safe mechanism. If new evidence of innocence arises -- or if a governor believes that the judicial system has overlooked previously presented evidence of innocence -- the governor may grant a stay of execution, a commutation of the sentence, or even a full pardon.

Nobody contests the authority of a governor to perform such acts, even if he thereby reverses a final judgment of the courts, reached after twelve members of the public unanimously found the accused to be guilty beyond a reasonable doubt.

But in the Schiavo case, it took a special law to grant Florida's Governor Jeb Bush the authority to issue a one-time stay of the judicial order intended to kill Ms. Schiavo. The law was passed only after Ms. Schiavo's parents obtained several affidavits attacking the credibility of Mr. Schiavo's claims regarding his wife's wishes. For example, a former co-worker of Mr. Schiavo's executed an affidavit saying that he had repeatedly confided in her that he had no idea what Ms. Schiavo would have wanted. Also, a registered nurse executed an affidavit saying that Mr. Schiavo often said things like: "When is that bitch gonna die?" -- and would talk about all the things he was going to buy, and trips that he would take, once his wife finally died.

If issues of similar significance were raised in a capital murder case, calling into question whether courts were correct to order a death sentence, liberals would rush into action to prevent the possibility of an unjust execution. But here, where the person condemned to die was not convicted of murder, the political left seems eager to ignore any suggestion that the courts might be wrong. When Governor Bush acted to save Terri Schiavo's life, howls of outrage from the left were heard from coast to coast.

Perhaps the most disturbing distinction between Ms. Schiavo's case and that of a convicted murderer is that there is no law against subjecting Ms. Schiavo to cruel and unusual punishment. The death ordered by the courts in the Terri Schiavo case -- a slow death by dehydration and starvation -- is not a death we would wish for a dog. If the patient has any conscious awareness (as many doctors have said Terri Schiavo does), such a death can be agonizing. Patients may feel pangs of hunger and thirst. Their skin, tongue, and lips may crack. They may suffer nosebleeds, heaving, and vomiting.

It is bitterly ironic that, at the same time that many on the left argued that Terri Schiavo should be killed in this brutal way, our United States Supreme Court granted a stay to a man convicted of murdering two people, to examine his claim that lethal injection would be cruel and unusual punishment because he has collapsed veins.

Californians have special reason to be worried by the lack of protections for Terri Schiavo, because even fewer protections are available in California. The California Supreme Court has held that courts must apply the "clear and convincing evidence" standard (the standard used in the Schiavo case) to resolve whether a conservator may withhold artificial nutrition and hydration from a "minimally conscious" patient -- one able to throw and catch a ball, write letters and draw shapes, and sometimes even answer questions "yes or no." By contrast, the court said, evidence meeting that standard is not required to order the death of a patient who (like Ms. Schiavo) is ruled to be in a "persistent vegetative state."

Ideally, cases like that of Ms. Schiavo should not end up in the courts. Ideally, these sorts of life-and-death decisions should be made privately, by the patient's family, according to the best interests of the patient. Ideally, people will make their wishes known in a clear, unmistakable written form, or will vest decisionmaking power in a trusted person, using a power of attorney, or a designation of a surrogate.

But life is not always ideal, and we must recognize that there will be unfortunate situations like that of Ms. Schiavo, where relatives dispute what is the appropriate course of action in the absence of a clear directive. In such situations, the procedural protections available to criminal defendants should be made available to people who can't speak for themselves, whose very life or death hinges upon the court's decision.

Is not Terri Schiavo's life worth at least as much as that of a suspected murderer? Why, then, do we not accord her at least the same protections under the law that we would accord to someone charged with deliberate, cold-blooded murder?


TOPICS: Crime/Corruption; Editorial; News/Current Events; US: District of Columbia; US: Florida
KEYWORDS: bush; florida; malpractice; pardon; righttodie; righttolife; schiavo; starvation; terri; terrischiavo; terrislaw; w
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To: Allosaurs_r_us
Terri is no crutch. It's always those who wish her dead who accuse the parents of treating Terri like property when in reality, IT IS THE HUSBAND'S FORCED EXIT ATTORNEYS WHO HAVE REALLY TREATED TERRI LIKE PROPERTY IN ADDITION TO THE JUDGES.

Judge Greer "I don't want anyone feeding that girl." THAT GIRL, THAT THING. JUDGE GREER TREATS MICHAEL LIKE A SON AND TERRI LIKE A THING. I think JUDGE GREER IS A THING - arrest it!

121 posted on 02/01/2005 7:33:25 AM PST by floriduh voter (SEE TERRI ALERT & AWARE - VIDEOS AT www.terrisfight.org)
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To: pc93; All
CALIFORNIA HAS BEEN HELPING TERRI but some of her support is in San Fran and some is down by LA.

If California would organize instead of individual efforts, that would be quite a force.

Did you know that Floridians were advising Arnold's campaign? Did you know that JEB BUSH's budget director went to work for Arnold?

Whatever you think about Arnold S., CALIFORNIA OWES US for at least getting rid of the dems from the governor's mansion.

122 posted on 02/01/2005 7:37:00 AM PST by floriduh voter (SEE TERRI ALERT & AWARE - VIDEOS AT www.terrisfight.org)
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To: smiley; All
FOR ALL YOUR QUESTIONS AND MORE. Visit www.theempirejournal.com.

Their investigative reporter did thorough research, interviewed people from the front lines of Terri's Fight.

NEW YORK JOURNALISM COVERING TERRI'S FIGHT BETTER THAN FLORIDA'S LAMESTREAM MEDIA.

123 posted on 02/01/2005 7:39:09 AM PST by floriduh voter (SEE TERRI ALERT & AWARE - VIDEOS AT www.terrisfight.org)
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To: supercat
Well stated!

IMHO there is a combination of factors for Michael Shiavo's actions:
*Money
*Fear what Terri might say if she ever recovered
*Sadism -- the joy of hurting others. This obviously plays a major part. He won't even someone else do something nice for Terry.
*Control, sense of power, wanting his way
*Influence of others: Felos, his mistress Jodi, etc.
*Plans to write a book & have a movie made about himself a la Amber Frey. Already some in the media are portraying him as practically a martyr.

124 posted on 02/01/2005 7:40:41 AM PST by Dante3
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To: FR_addict

Visit the Wilkes & McHugh law firm web site. They have a Terri section because that's Ken Connor's law firm. I think their pleadings may be there. try www.wilkes&mchugh.com. It that's not it, google for it. A TAMPA LAW FIRM.


125 posted on 02/01/2005 7:41:19 AM PST by floriduh voter (SEE TERRI ALERT & AWARE - VIDEOS AT www.terrisfight.org)
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To: getmeouttaPalmBeachCounty_FL

Another opening for Terri is RUSH LIMBAUGH OPEN LINE FRIDAY. He didn't imo want to talk about this when he was having his own problems but a call got through last Friday re: Terri. GET RUSH ON BOARD...Anybody know his freeper name?


126 posted on 02/01/2005 7:42:45 AM PST by floriduh voter (SEE TERRI ALERT & AWARE - VIDEOS AT www.terrisfight.org)
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To: STARWISE

I agree, just watch the animal precinit on Animal Planet..I have thought the same thing...people wouldn't be allowed to do this to a dog....


127 posted on 02/01/2005 7:43:09 AM PST by missanne (Go to work, write letters to the editor!)
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To: trustandobey

Gov. Bush has most definitely "done something". He saved her life last time the tube was pulled!

By your logic, nobody who prays and counsels outside of an abortion clinic has "no respect from you" because some of the women going to that clinic will still have an abortion!


128 posted on 02/01/2005 7:46:17 AM PST by MiniCooperChick (God Bless America!)
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To: floriduh voter

Bump.


129 posted on 02/01/2005 7:49:16 AM PST by pc93
[ Post Reply | Private Reply | To 122 | View Replies]

To: floriduh voter

Bump.


130 posted on 02/01/2005 7:49:30 AM PST by pc93
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To: presidio9
What are Terri's parents up against? THE ACLU, THE PARTNERSHIP FOR END OF LIFE CARE, ALL EUTHANASIA ORGANIZATIONS, Florida Law Enforcement who obstruct and/or LIE about past investigations, judges who break laws FOR YEARS and nobody holds them to account, MEDICAID FRAUD, the Dept. of Health is in trouble re: 24,000 cases of abuse against patients. (Terri's in that group, I don't even have to look it up).

Visit www.theempirejournal.com. It's not just about a husband. It's the culture of death and Terri would be their prize because they want to euthanize seniors and disabled children and adults to expand their customer base.

Euthanasia is illegal in Florida but you wouldn't know it. Terminally ill patients was the standard for such practices as withholding nutrition and fluids. THEY WANT TO ADD SENIORS WHO ARE NOT SICK but may have estates that they would donate to Hospices AND DISABLED AMERICANS WHO ARE DISABLED BUT NOT SICK.

The DEATH MOVEMENT needs more customers.

131 posted on 02/01/2005 7:50:22 AM PST by floriduh voter (SEE TERRI ALERT & AWARE - VIDEOS AT www.terrisfight.org)
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To: floriduh voter

I sure don't know his FReeper name, but I'll bump this for you :)


132 posted on 02/01/2005 7:52:19 AM PST by getmeouttaPalmBeachCounty_FL (...............................................JEB..................................................)
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To: floriduh voter

Florida DOH Destroyed Records After Schiavo Doctor Cleared Of Wrongdoing
Following Investigation

http://www.theempirejournal.com/SCHIAVO_florida_DOH_destroyed_records_after.htm

Judge George Greer Making Mockery Of Florida Judicial System

http://www.theempirejournal.com/judge_greer_fraud_in_the_court.htm

PLEASE DEMAND A GRAND JURY INVESTIGATION IN THE SCHIAVO CASE!!!!!!!

ALSO A REAL KEY, NEW TALKING POINT: Terri was NEVER represented by counsel while
others decided to starve her to death. That's against Florida and U.S. law. Even
criminals on death row are entitled to legal counsel. BILL TO THE FLOOR TO
PROTECT TERRI AND FUTURE TERRI's. A NEW Bill 692 please!

Florida Attorney General's Charlie Crist, AG Citizen’s Services & Office
1-850-414-3990 / 850-414-3300

Bernie McCabe, State Attorney Pinellas and Pasco Counties
727-464-6221
bmccabe@co.pinellas.fl.us

Advocacy Center for Persons with Disabilities 800-342-0823
850-488-9071
info@advocacycenter.org

Pinellas County GOP 727-539-6009

Gov. Jeb Bush 850-488-4441
jeb.bush@myflorida.com, fl_governor@myflorida.com,
jeb@jeb.org,jeb@myflorida.com

State of Florida Office of Civil Rights 954-712-4601

Senator Mel Martinez
Washington: Phone: 202-224-3041

Congressman Jim Davis
Washington: Phone: (202) 225-3376
FAX: (202) 225-565
DISTRICT: Phone: (813) 354-9217
Florida Toll Free: 1 (888) 266-0205
Fax: (813) 354-9514

Satellite Office: (727) 867-5301
FAX: (727) 867-5302

Florida Senate 800-342-1827
http://www.flsenate.gov/Legislators/index.cfm?Mode=Member%20Pages&Submenu=1&Tab=legislators

Senate President Tom Lee: 1-800-560-4403

Daniel Webster
Capitol Office: Phone: (850) 487-5047
District Office: (407) 656-0066

The Florida Senate-2004-2006 Senators

alexander.jd.web@flsenate.gov, argenziano.nancy.web@flsenate.gov,
aronberg.dave.web@flsenate.gov, atwater.jeff.web@flsenate.gov,
baker.carey.web@flsenate.gov, bennett.mike.web@flsenate.gov,
bullard.larcenia.web@flsenate.gov, campbell.walter.web@flsenate.gov,
carlton.lisa.web@flsenate.gov, clary.charlie.web@flsenate.gov,
constantine.lee.web@flsenate.gov, crist.victor.web@flsenate.gov,
dawson.mandy.web@flsenate.gov, portilla.alex.web@flsenate.gov,
dockery.paula.web@flsenate.gov, fasano.mike.web@flsenate.gov,
garcia.rudy.web@flsenate.gov, geller.steven.web@flsenate.gov,
haridopolos.mike.web@flsenate.gov, hill.anthony.web@flsenate.gov,
jones.dennis.web@flsenate.gov, king.james.web@flsenate.gov,
klein.ron.web@flsenate.gov, lawson.alfred.web@flsenate.gov,
lee.tom.web@flsenate.gov, lynn.evelyn.web@flsenate.gov,
margolis.gwen.web@flsenate.gov, miller.lesley.web@flsenate.gov,
peaden.durell.web@flsenate.gov, posey.bill.web@flsenate.gov,
pruitt.ken.web@flsenate.gov, rich.nan.web.@flsenate.gov,
saunders.burt.web@flsenate.gov, sebesta.jim.web@flsenate.gov,
siplin.gary.web@flsenate.gov, smith.rod.web@flsenate.gov,
villalobos.alex.web@flsenate.gov, wilson.frederica.web@flsenate.gov,
daniel.webster.web@flsenate.gov

Florida House of Representatives 850-488-6026
http://www.myfloridahouse.gov/legislators.aspx

Speaker Allan Bense
Capitol Office: Phone: (850) 488-1450
District Office: Phone: (850) 914-6300
speaker@myfloridahouse.gov

Frank Peterman
Capitol Office: Phone: (850) 488-0925
District Office: Phone: (727) 552-1370

Florida Department of Law Enforcement 850-410-7000

Florida Agency for Persons with Disabilities 850-488-4257

Federal Bureau of Investigation
202-324-3000
tampa@fbi.gov, jacksonville@fbi.gov

U.S. Department of Justice
AskDOJ@usdoj.gov
202-514-2000 Main Switchboard
202-353-1555 Office of US AG

U.S. DOJ Disability Civil Rights
Section Chief John L Wodatch
Phone: (202) 307-2227
Fax:(202) 307-1198
John.L.Wodatch@usdoj.gov

Section Deputy Chief Renee M Wohlenhaus
Phone: (202) 307-0663
Renee.Wohlenhaus@usdoj.gov

Philip Breen
Special Legal Counsel
U.S. Department of Justice
Phone: (202) 616-7526
Fax:(202) 307-1198
Philip.L.Breen@usdoj.gov

Liz Savage
U.S. Department of Justice
Phone:(202) 514-7173
Fax:(202) 514-0293
E-mail: liz.savage@usdoj.gov

PLEASE TAKE TIME TO MAKE SOME CALLS ON BEHALF OF TERRI!!!! THE CALL YOU MAKE MAY
BE THE ONE THAT SAVES HER LIFE!!!!


133 posted on 02/01/2005 7:52:28 AM PST by pc93
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To: getmeouttaPalmBeachCounty_FL

Thanks for the bump.


134 posted on 02/01/2005 7:53:31 AM PST by floriduh voter (SEE TERRI ALERT & AWARE - VIDEOS AT www.terrisfight.org)
[ Post Reply | Private Reply | To 132 | View Replies]

To: floriduh voter

http://www.wilkes-mchugh.com


135 posted on 02/01/2005 7:54:01 AM PST by amdgmary
[ Post Reply | Private Reply | To 125 | View Replies]

To: floriduh voter

Before it's too late BUMP.


136 posted on 02/01/2005 7:58:42 AM PST by getmeouttaPalmBeachCounty_FL (...............................................JEB..................................................)
[ Post Reply | Private Reply | To 134 | View Replies]

To: eartotheground
"It is bitterly ironic that, at the same time that many on the left argued that Terri Schiavo should be killed in this brutal way, our United States Supreme Court granted a stay to a man convicted of murdering two people, to examine his claim that lethal injection would be cruel and unusual punishment because he has collapsed veins."

Sad. Things in this country are really upside down and backward.

This article's comparison of Teri's situation to the situation of an inmate on death row is well done and so true.

137 posted on 02/01/2005 8:20:42 PM PST by TOUGH STOUGH (I support Terri's supporters!!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: getmeouttaPalmBeachCounty_FL

Begging for others to act to save Terri as well. She needs protection ASAP:

11:01am feb 2, 2005
Mel Martinez Office
202-224-3041

Can I hold please.. Yes

Brianne.

I told her that I wanted to know what Mel Martinez is doing in regards to the
Terri Schiavo matter.

She said they haven't formulated anything yet in this regard.

I told her that I voted for Mel Martinez and I would like to be contacted back
as to what is being done, etc. because someone contacted the FL Senator Tom Lee
and was told that this was a federal matter.. that I do believe it to be a
federal matter as well because the Hospice of the Florida Suncoast, Inc. gets
funding for Medicare/Medicaid and yet they are have in the past tried to
starve/dehydrate Terri to death (2nd time being in Oct. 15, 2003) which is
against the law plus that the Hospice of the Florida Suncoast, Inc. is connected
with the Veterans Administration as well. I also told her that I had sent an
evidence CD of crimes against Terri to the Tampa Field Office of the FBI and the
US DOJ Disability Rights Section but that I never got any response back and that
I would like to know why. I said that I believe that the Florida governor needs
to step in and that the Federal authorities need to step in as well. She took
down my name and number and said someone would be getting back to me. I said
thanks.

She will make sure someone will get back to me in regards to my concerns.


138 posted on 02/02/2005 8:56:29 AM PST by pc93
[ Post Reply | Private Reply | To 136 | View Replies]

To: getmeouttaPalmBeachCounty_FL

Updated:

Florida DOH Destroyed Records After Schiavo Doctor Cleared Of Wrongdoing
Following Investigation

http://www.theempirejournal.com/SCHIAVO_florida_DOH_destroyed_records_after.htm

Judge George Greer Making Mockery Of Florida Judicial System

http://www.theempirejournal.com/judge_greer_fraud_in_the_court.htm

http://www.freerepublic.com/focus/f-news/1333205/posts?page=1#1

PLEASE DEMAND A GRAND JURY INVESTIGATION IN THE SCHIAVO CASE!!!!!!!

ALSO A REAL KEY, NEW TALKING POINT: Terri was NEVER represented by counsel while
others decided to starve her to death. That's against Florida and U.S. law. Even
criminals on death row are entitled to legal counsel. BILL TO THE FLOOR TO
PROTECT TERRI AND FUTURE TERRI's. A NEW Bill 692 please!

"If the courts continue to rule that the governor and the legislative branch
have no input, then perhaps Bush should take Terri Schiavo into protective
custody under Florida Statute 415.1051."

(2) EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the department has
reasonable cause to believe that a vulnerable adult is suffering from abuse or
neglect that presents a risk of death or serious physical injury to the
vulnerable adult and that the vulnerable adult lacks the capacity to consent to
emergency protective services, the department may take action under this
subsection. If the vulnerable adult has the capacity to consent and refuses
consent to emergency protective services, emergency protective services may not
be provided.

No need to read Jeb's staff the section, but certainly, we can give them the
415.1051 and say it is in re: Emergency Protective Services Intervention.

A Governor has duties and powers. We must firmly but diplomatically ask Jeb Bush
to use them!

http://flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&U
RL=Ch0415/SEC1051.HTM&Title=-%3E2004-%3ECh0415-%3ESection%201051#0415.1051

Florida Attorney General's Charlie Crist, AG Citizen’s Services & Office
1-850-414-3990 / 850-414-3300

Bernie McCabe, State Attorney Pinellas and Pasco Counties
727-464-6221
bmccabe@co.pinellas.fl.us

Advocacy Center for Persons with Disabilities 800-342-0823
850-488-9071
info@advocacycenter.org

Pinellas County GOP 727-539-6009

Gov. Jeb Bush 850-488-4441
jeb.bush@myflorida.com, fl_governor@myflorida.com,
jeb@jeb.org, jeb@myflorida.com

State of Florida Office of Civil Rights 954-712-4601

Senator Mel Martinez
Washington: Phone: 202-224-3041

Congressman Jim Davis
Washington: Phone: (202) 225-3376
FAX: (202) 225-565
DISTRICT: Phone: (813) 354-9217
Florida Toll Free: 1 (888) 266-0205
Fax: (813) 354-9514

Satellite Office: (727) 867-5301
FAX: (727) 867-5302

Florida Senate 800-342-1827
http://www.flsenate.gov/Legislators/index.cfm?Mode=Member%20Pages&Submenu=1&Tab=legislators

Senate President Tom Lee: 1-800-560-4403

Daniel Webster
Capitol Office: Phone: (850) 487-5047
District Office: (407) 656-0066

The Florida Senate-2004-2006 Senators

alexander.jd.web@flsenate.gov, argenziano.nancy.web@flsenate.gov,
aronberg.dave.web@flsenate.gov, atwater.jeff.web@flsenate.gov,
baker.carey.web@flsenate.gov, bennett.mike.web@flsenate.gov,
bullard.larcenia.web@flsenate.gov, campbell.walter.web@flsenate.gov,
carlton.lisa.web@flsenate.gov, clary.charlie.web@flsenate.gov,
constantine.lee.web@flsenate.gov, crist.victor.web@flsenate.gov,
dawson.mandy.web@flsenate.gov, portilla.alex.web@flsenate.gov,
dockery.paula.web@flsenate.gov, fasano.mike.web@flsenate.gov,
garcia.rudy.web@flsenate.gov, geller.steven.web@flsenate.gov,
haridopolos.mike.web@flsenate.gov, hill.anthony.web@flsenate.gov,
jones.dennis.web@flsenate.gov, king.james.web@flsenate.gov,
klein.ron.web@flsenate.gov, lawson.alfred.web@flsenate.gov,
lee.tom.web@flsenate.gov, lynn.evelyn.web@flsenate.gov,
margolis.gwen.web@flsenate.gov, miller.lesley.web@flsenate.gov,
peaden.durell.web@flsenate.gov, posey.bill.web@flsenate.gov,
pruitt.ken.web@flsenate.gov, rich.nan.web.@flsenate.gov,
saunders.burt.web@flsenate.gov, sebesta.jim.web@flsenate.gov,
siplin.gary.web@flsenate.gov, smith.rod.web@flsenate.gov,
villalobos.alex.web@flsenate.gov, wilson.frederica.web@flsenate.gov,
daniel.webster.web@flsenate.gov

Florida House of Representatives 850-488-6026
http://www.myfloridahouse.gov/legislators.aspx

Speaker Allan Bense
Capitol Office: Phone: (850) 488-1450
District Office: Phone: (850) 914-6300
speaker@myfloridahouse.gov

Frank Peterman
Capitol Office: Phone: (850) 488-0925
District Office: Phone: (727) 552-1370

Florida Department of Law Enforcement 850-410-7000

Florida Agency for Persons with Disabilities 850-488-4257

Federal Bureau of Investigation
202-324-3000
tampa@fbi.gov, jacksonville@fbi.gov

U.S. Department of Justice
AskDOJ@usdoj.gov
202-514-2000 Main Switchboard
202-353-1555 Office of US AG

U.S. DOJ Disability Civil Rights
Section Chief John L Wodatch
Phone: (202) 307-2227
Fax:(202) 307-1198
John.L.Wodatch@usdoj.gov

Section Deputy Chief Renee M Wohlenhaus
Phone: (202) 307-0663
Renee.Wohlenhaus@usdoj.gov

Philip Breen
Special Legal Counsel
U.S. Department of Justice
Phone: (202) 616-7526
Fax:(202) 307-1198
Philip.L.Breen@usdoj.gov

Liz Savage
U.S. Department of Justice
Phone:(202) 514-7173
Fax:(202) 514-0293
E-mail: liz.savage@usdoj.gov

PLEASE TAKE TIME TO MAKE SOME CALLS ON BEHALF OF TERRI!!!! THE CALL YOU MAKE MAY
BE THE ONE THAT SAVES HER LIFE!!!!


139 posted on 02/02/2005 8:57:22 AM PST by pc93
[ Post Reply | Private Reply | To 136 | View Replies]

To: eartotheground
By contrast, Ms. Schiavo -- who killed nobody --

This is where Terri went wrong. She should have killed somebody. Then she'd probably be allowed to live (especially if she killed her own kids). (/sarcasm)

What have we come to when the way to stay alive is to be a killer? Who was the one woman they just ordered released for a new trial, the one who drowned her own kids? They blamed those murders on postpartum or some other gobbledygook.

The only "crime" Ms. Schiavo is "guilty" of is either being the victim of a crime, or the victim of an accident/illness. So those are now grounds for a death sentence? Pretty slippery ground, that.

140 posted on 02/02/2005 9:09:02 AM PST by chimera
[ Post Reply | Private Reply | To 1 | View Replies]


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