Posted on 01/31/2005 9:14:49 PM PST by TAdams8591
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!!!!
Please post the link to the thread I'm responding to (i.e. contact info. etc.) to your respective locales. I already posted to Florida and United States locales.
Terri Schiavo's Imminent Murder by Dehydration and Starvation
Again, Merciful Father, we look to You for that one Judge who will open the door to this innocent woman's prison. Yet even in her confinement, O God, You have held Terri close to Your loving heart, for those who look upon her see the Beauty of Your Presence.
Grace the words of her attorneys with all truth and power, and let them be heard across the land. Let the words of the merchants of death be heard and seen for what they are ... evil. Sweep them away, Merciful Father, for they bring death and destruction to multitudes. Sustain those who labor for Terri, for they labor for You. Soon, Merciful Father ... soon may mother and father and sister and brother rejoice that Terri is once again in their care. In the Name of Jesus, may it be so ... Amen ...
In the Name of Jesus, may it be so ... Amen ...Amen.
NY’s AG Releases New Guide Helps New Yorkers
Prepare For End-Of-Life Care
http://www.theempirejournal.com/new_guide_helps_new_yorkers_prep.htm
A very hearty Amen.
Not "in forum" but the "links" section at the top of your profile page.
Tue Feb 01, 2005
Attorney Ken Connor on Terri's Due Process Rights
From the Sun-Sentinel
http://www.sun-sentinel.com/news/opinion/letters/sfl-brmail888feb01,0,1718071.story?coll=sfla-news-letters
Ken Connor
attorney Tampa
Posted February 1 2005
In your Jan. 27 editorial, "Court right to decline," you take issue with the statement I made in connection with the Bush v. Schiavo case: "The reality is that in Florida convicted felons receive more due-process protections than Terri Schiavo has received in this case."
While the statement I made may be a sad reflection on the state of jurisprudence in Florida, it is most assuredly true. If Michael Schiavo has his way, Terry Schiavo will die by starvation and dehydration pursuant to a court order authorizing her death.
Accused capital felons in Florida are entitled to independent counsel; competent representation; a jury trial; and upon conviction, an automatic review of their death penalty by the Florida Supreme Court.
Terri Schiavo has never received any of these protections. She has not had the benefit of independent counsel and, indeed, when the decision authorizing her starvation was made, she didn't even have the benefit of a guardian ad litem. Terri never received the benefit of a jury trial, and the Supreme Court refused to review the order authorizing the withdrawal of nutrition and hydration.
Like it or not, convicted murderers Ted Bundy and Danny Rolling received more due-process protections than Terri Schiavo, a person utterly innocent of any wrong-doing. And if Bundy or Rolling had been sentenced to death by starvation and dehydration, their sentences would most assuredly have been set aside as violative of the Constitution's prohibitions against cruel and unusual punishment.
Terri Schiavo is, admittedly, profoundly handicapped. However, she is still a person entitled to be treated with human dignity and worthy of the full protection of the law. The sad reality, however, is that the Florida courts, in refusing to accord greater due-process protection to Terri Schiavo, have treated her as less than a whole person.
http://www.terrisfight.org/
Michael Schiavo's Broken Vows
February 1, 2005 - Tuesday
by: Tony Perkins
In How Much Sickness?
http://www.frc.org/get.cfm?i=CM05B01
From the Family Research Council in Washington DC, this is Washington Watch, and now here is FRC President, Tony Perkins...
"You know, if Michael Shiavo is successful in the long court battle to have (his wife) Terri's feeding tube removed, it will literally end her life. She is awake. She sits in a chair and though she cannot feed herself or speak, she responds. I mean, she IS a human being! The people that come to visit her, they know that she responds to their presence.
This case has captured the attention of the nation, as it should have. But when you look at it and look back to the Roe v. Wade Supreme Court decision that resulted in the devaluing of the unborn, its led to the devaluing of all human life. I mean, this...and another case before the Supreme Court, dealing with physician assisted suicide, reminds us that life at every stage; born, unborn, young, old is precious and must be protected."
Thank you, Tony and thank you for listening to Washington Watch. You can also hear Washington Watch Weekly every Saturday on most Christian Radio Stations, just check for times and listings. To find out more about the Family Research Council, visit us on the web at www.frc.org
I will support you as soon as it is humanly possible. lol
http://www.freerepublic.com/focus/f-news/1333492/posts
From another thread...
Court Decision has Ominous Implications
Written by Ken Connor
--snip
"Anytime “personhood” is withdrawn from a human being, legal protections are eroded. That’s why slaves were sold like cotton or tobacco earlier in American history. It’s why more than six million Jews were exterminated with only muted protests in Nazi Germany. It’s why policies of “ethnic cleansing” have been practiced in Eastern Europe. And it’s why human embryos are cut up like fish bait in the name of “research” in this country today."
end snip--
http://www.lifeway.com/lwc/article_main_page/0,1703,A%253D159244%2526M%253D150019,00.html
Violations of Florida Statutes against Terri Schiavo
744.3215 Rights of persons determined incapacitated.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC3215.HTM&Title=-%3E2003-%3ECh0744-%3ESection%203215
(1) A person who has been determined to be incapacitated retains the right:
(a) To have an annual review of the guardianship report and plan.
(VIOLATED – Her husband/guardian has failed to file such plans for a number of years. During the years in which he DID submit the required plan, he entered “NONE” as his plan of action.)
(b) To have continuing review of the need for restriction of his or her rights.
(VIOLATED – The guardian courts have not required her husband/guardian to file such reports mentioned above and no consistent continuing review has taken place because of that.)
(c) To be restored to capacity at the earliest possible time.
(VIOLATED – Terri Schiavo has not received therapy since prior to the 1992 medical malpractice settlement in her favor which was intended to facilitate such therapy.)
(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
(VIOLATED – deliberate acts of omission [including humane care and food and water] are considered felony abuse under the law.)
(e) To have a qualified guardian.
(VIOLATED – her husband/guardian is no longer qualified for his failure to comply with Florida law requiring annual review of guardianship, failure to properly maintain the property of the ward, failure to comply with the ward’s retained rights to necessary services and living in open adultery which is a misdemeanor under Florida law.)
(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.
(VIOLATED – Terri Schiavo is wrongfully confined to a Hospice facility and further confined to a single room without social interaction, stimulation and human company.)
(g) To be properly educated.
(VIOLATED – Terri has not received speech therapy which could enable her to communicate more effective and to manage table food. She has not received help in learning any other protocol (such as blinking) to assist her in communicating more effectively.)
(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.
(VIOLATED – Terri’s medical management fund has been all but depleted on legal fees in the pursuit of her death. More than half a million dollars has been paid to one attorney in particular. There is no evidence that Terri would have managed her funds in this way nor given any consent to such.)
(i) To receive necessary services and rehabilitation.
(VIOLATED – Terri Schiavo has not received proper physical, occupational, speech or range of motion therapy. She has been denied treatment for simple infections and she has been denied hospitalization necessitated by serious illness.)
(j) To be free from discrimination because of his or her incapacity.
(VIOLATED – Terri Schiavo has been denied due process in both the guardianship and federal courts.)
(k) To have access to the courts.
(VIOLATED – See above.)
(l) To counsel.
(VIOLATED – Terri Schiavo was never represented during the duration of the guardianship proceedings and did not have a Florida required Guardian ad Litem assigned to represent her during the majority of the proceedings.)
(m) To receive visitors and communicate with others.
(VIOLATED – Terri’s visitor list is strictly managed by her husband/guardian who has, a number of times, barred her family, her friends and her spiritual counsel from visiting her, without the court’s prior approval and on personal whim.)
(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.
(VIOLATED – Terri has not been legally represented in any of the guardianship proceedings and has received no counsel.)
(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:
(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397.
(VIOLATED – Terri was admitted to a Hospice facility in 2000 without prior court approval and in violation of Federal laws pertaining to Hospice confinement qualifications.)
(b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if:
1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or
2. It is intended to assist the ward to develop or regain his or her abilities.
(VIOLATED – Terri Schiavo was subjected to experimental implant surgery in 1993 without prior court approval and without recommendation of her attending physician. Additionally, she was transported across state lines for said surgery. Additionally, follow up care was never provided and no further maintenance services have ever been provided for the implanted electrodes.)
(c) Initiate a petition for dissolution of marriage for the ward.
(d) Consent on behalf of the ward to termination of the ward's parental rights.
(e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward.
744.2025 Change of ward's residence.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC2025.HTM&Title=-%3E2003-%3ECh0744-%3ESection%202025
(1) PRIOR COURT APPROVAL REQUIRED.--A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county is adjacent to the county of the ward's current residence. Any guardian who wishes to remove the ward from the ward's current county of residence to another county which is not adjacent to the ward's current county of residence must obtain court approval prior to removal of the ward. In granting its approval, the court shall, at a minimum, consider the reason for such relocation and the longevity of such relocation.
(VIOLATED – Terri Schiavo was moved to a Hospice facility in 2000 by her husband without prior court approval. The Hospice House in question was served by his attorney, George Felos, in the capacity of Chairman up until that same time.)
744.3145 Guardian education requirements
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC3145.HTM&Title=-%3E2003-%3ECh0744-%3ESection%203145
(4) Each person appointed by the court to be a guardian must complete the required number of hours of instruction and education within 1 year after his or her appointment as guardian. The instruction and education must be completed through a course approved by the chief judge of the circuit court and taught by a court-approved organization. Court-approved organizations may include, but are not limited to, community or junior colleges, guardianship organizations, and the local bar association or The Florida Bar.
(VIOLATED – See Above.)
798.01 Living in open adultery
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0798/SEC01.HTM&Title=-%3E2003-%3ECh0798-%3ESection%2001
Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.
(VIOLATED – Michael Schiavo has cohabitated and fathered children with another woman while still married to Terri Schiavo.)
825.102 – Abuse, Neglect and Exploitation of Elderly Persons and Disabled Adults.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0825/titl0825.htm&StatuteYear=2003&Title=%2D%3E2003%2D%3EChapter%20825
(1) "Abuse of an elderly person or disabled adult" means:
(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;
(VIOLATED – Physical injury by denial of simple procedures to alleviate painful contractures of the hands and possible disfigurement because of said contractures. Psychological abuse in denial of company, stimulation, acts of caging.)
(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or
(VIOLATED – Intentional denial of treatment for simple infection with the knowledge that doing so would hasten death – 1993.)
(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.
(VIOLATED – By instructing caregivers not to provide relief of contractures; by instructing doctors not to treat for simple infection.)
A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) "Aggravated abuse of an elderly person or disabled adult" occurs when a person:
(a) Commits aggravated battery on an elderly person or disabled adult;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or
(VIOLATED – Denial of human comfort and spiritual comfort at personal whim. Terri Schiavo is also wrongfully caged, kept confined to a single room and without stimulation or ability to be taken outside.)
(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.
(VIOLATED – See above.)
A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) "Neglect of an elderly person or disabled adult" means:
1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or
(VIOLATED – Denial of treatment of simple infection which would, admittedly, hasten death, removal of food and water, denial of medicine.)
2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.
(VIOLATED – The results of a 1991 bone scan, indicating multiple and serious trauma to Terri’s body were never reported or investigated by her husband/guardian.)
Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.
(b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
825.103 Exploitation of an elderly person or disabled adult; penalties.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0825/SEC103.HTM&Title=-%3E2003-%3ECh0825-%3ESection%20103
(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.
(2)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(VIOLATED – Funds that were awarded to Terri Schiavo have been embezzled by Michael Schiavo to pay his legal fees. These funds were awarded to Terri Schiavo as a medical management/rehabilitation settlement and remain her property. Her guardian has all but wasted her entire estate on his own legal pursuits.)
Universal Declaration of Human Rights
Adopted by UN General Assembly Resolution 217A (III) of 10 December 1948
http://fletcher.tufts.edu/multi/texts/UNGARES217A.txt
Article 3
Everyone has the right to life, liberty and security of person.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of the Declaration and against any
incitement to such discrimination.
Article 17
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 25
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Other Items/Questions
777.04 Attempts, solicitation, and conspiracy.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0777/SEC04.HTM&Title=-%3E2003-%3ECh0777-%3ESection%2004
877.02 Solicitation of legal services or retainers therefor; penalty.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0877/SEC02.HTM&Title=-%3E2003-%3ECh0877-%3ESection%2002
(2) It shall be unlawful for any person in the employ of or in any capacity attached to any hospital, sanitarium, police department, wrecker service or garage, prison or court, or for a person authorized to furnish bail bonds, investigators, photographers, insurance or public adjusters, to communicate directly or indirectly with any attorney or person acting on said attorney's behalf for the purpose of aiding, assisting or abetting such attorney in the solicitation of legal business or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services.
(Felos/Bushnell’s relationship with Hospice.)
733.504 Removal of personal representative; causes for removal.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0733/SEC504.HTM&Title=-%3E2003-%3ECh0733-%3ESection%20504
A personal representative may be removed and the letters revoked for any of the following causes, and the removal shall be in addition to any penalties prescribed by law:
(3) Failure to comply with any order of the court, unless the order has been superseded on appeal.
(5) Wasting or maladministration of the estate.
Heinous article:
http://www.syndicatednews.net/schiavo.htm
Finally! Florida corrects the "Schiavo" nonsense
By Ruthie DiTucci
The Florida Supreme Court finally struck down the law rushed through their Legislature as a result of Gov. Jeb Bush's interference with a case he shouldn't have let himself get roped into in the first place.
The case surrounds a severely brain-damaged woman kept alive by a feeding tube in spite of her husband's (Michael Schiavo's) wishes.
The unanimous court agreed, that the law that kept Terri Schiavo alive directly violates the "separation of powers between the judicial branch and the legislative and executive branches."
Previously, lower courts ruled that her husband could have the tube removed, but the Legislature illegally and without authority, deliberately passed the law with the express intention of overruling the courts. Gov. Jeb Bush then used the law to order the tube reinserted.
The ruling may or may not clear the way for the tube's removal. Terri Schiavo's parents, prefer their unfortunate, but never the less brain dead daughter kept alive. Their daughter has not shown improvement or brain activity of any kind. Her body makes gurgling noises as happens frequently in cases where there is irreversible cessation of brain function.
Justice Barbara Pariente wrote, "It is without question an invasion of the authority of the judicial branch for the Legislature to pass a law that allows the executive branch to interfere with the final judicial determination in a case. That is precisely what occurred here."
The court declared that the law improperly delegated legislative powers to the governor, who had complete authority to issue or lift a stay.
Terri Schiavo, "exists" in a Clearwater nursing home. She can breathe on her own but relies on a feeding and hydration tube. She lost all mental capacity at the time of the incident. Courts and doctors on all sides have concluded she is in a "persistent vegetative state," but her parent's repeated requests for multiple stays have allowed this case to drag on.
The 40-year-old woman left no "living will" before suffering massive brain damage when her heart stopped beating 14 years ago. But in Florida, a person's wishes must be honored even if only verbal.
Schiavo's parents have long fought their son-in-law over wanting to unplug their daughter's life support. He has since remarried. The ruling will also likely clear the way for an insurance company that cleverly avoided paying Michael Schiavo (by hiding behind the court cases), to fork over a million dollars (plus interest) still owed to him.
Thank you for all the Info you Gather for us, PC! I'll be Sending more E-Mails again tonight!
The ruling will also likely clear the way for an insurance company that cleverly avoided paying Michael Schiavo (by hiding behind the court cases), to fork over a million dollars (plus interest) still owed to him.
Cleverly avoided, huh? Hmmmm. How do we get in touch with Ms. DiTucci? Michael is still owed $$$? Hmmmm.
Amen and Amen! Praying in Agreement with your Wonderful Prayer!
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