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Michael Schiavo to Tell His Side of the Story in Book
AP ^ | 9/18/05

Posted on 09/18/2005 1:25:48 PM PDT by Crackingham

Michael Schiavo is co-writing a book with author Michael Hirsh to tell his side of the end-of-life case that divided much of the country. Schiavo's wife Terri suffered a brain injury in 1990 that left her in what some doctors called a "persistent vegetative state." She died March 31 after a bitter court battle between her husband and her parents.

Hirsh expects the 280-page book, "Terri: the Truth," to be available just before the first anniversary of Terri's death. Dutton Publishing publicity manager Jean Anne Rose confirmed that the company is publishing the book in March.

Michael Schiavo's decision to remove a feeding tube that kept his brain-damaged wife alive alienated him from her parents, drew a Congressional intervention and even prompted criticism from President Bush.

Hirsh, 62, is a Vietnam veteran and a former Los Angeles television producer who has written three books about the military.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Foreign Affairs; News/Current Events; Philosophy
KEYWORDS: barf; bookdeal; dumberthanarock; euthanasia; euthanesia; firedfrommcdonalds; firstdegreemurder; flyingcar; hino; howtogetawaywith; howtomurderyourwife; onlyoneeineuthanasia; schiavo; scumball; slimeball; stilldead; swindlersexposed; terrischiavo; wifebeater
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To: spinestein
Here is my summay of and take on the Browning case, modest notes, the court speaks well for its own opinion and justifications ...

Supreme Court of Florida.

In re GUARDIANSHIP OF Estelle M. BROWNING.
STATE of Florida, Petitioner,
v.
Doris F. HERBERT, etc., Respondent.

No. 74174.

Sept. 13, 1990.

BARKETT, Justice.

We have for review In re Guardianship of Browning, 543 So.2d 258 (Fla. 2d DCA 1989), in which the district court certified the following question as one of great public importance:

Whether the guardian of a patient who is incompetent but not in a permanent vegetative state and who suffers from an incurable, but not terminal condition, may exercise the patient's right of self-determination to forego sustenance provided artificially by a nasogastric tube?

Id. at 274. [FN1] We answer the question in the affirmative as qualified in this opinion.

FN1. We have jurisdiction. Art. V, 3(b)(4), Fla. Const. Estelle Browning died on July 16, 1989, at the age of 89. Although the claim is moot, we accept jurisdiction because the issue raised is of great public importance and likely to recur. In re T.W., 551 So.2d 1186, 1189 (Fla.1989); Holly v. Auld, 450 So.2d 217, 218 n. 1 (Fla.1984).

I. THE FACTS

On November 19, 1985, a competent Estelle Browning executed a declaration that provides, in part:

If at any time I should have a terminal condition and if my attending physician has determined that there can be no recovery from such condition and that my death is imminent, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying.

In addition, Mrs. Browning stipulated that she desired not to have "nutrition and hydration (food and water) provided by gastric tube or intravenously." [FN2]

FN2. The entire form is reproduced in the appendix of the district court's opinion. In re Guardianship of Browning, 543 So.2d 258, 275 (Fla. 2d DCA 1989).

At eighty-six years of age, Mrs. Browning suffered a stroke.

...

The consensus of the medical evidence indicated that the brain damage caused by the hemorrhage was major and permanent and that there was virtually no chance of recovery. Death would occur within seven to ten days were the nasogastric feeding tube removed. However, Mrs. Browning's life could have been prolonged up to one year as long as she was maintained on the feeding tube and assuming the absence of infection.

http://abstractappeal.com/schiavo/browning.txt <--

Browning was 86 and a stroke victim. She did have a written advance directive. The patient was not PVS and was not terminal. Florida court system held that starving her to death was legal. Note the decision dates to 1990, before the Florida statute was changed so that the definition of "life-prolonging procedure" was expanded to specifically include "artificially provided sustenance and hydration."

Chapter 765, Florida Statutes 2004 <-- 765.101(10)

Note also the recitiations in Browning's living will. These were construed by the Florida District Court of Appeals in such a way as to find that Browning was legally terminal. That a scheduled natural death by dehydration, under the fact circumstances of the case, was what Browning wanted, and was therefore legal.

This is also the case that lays the groundwork for the assertion that Michael somehow did the blood family a favor, by following the "more strenuous" legal course before starving Terri to death. The alternative, less strenuous course, is to starve her to death with no permission required from the court.

The below paragraph comes from the dissenting opinion by OVERTON. What struck me was what may be an express admission that starvation death is "early termination of life."

I am concerned that, if there is no judicial involvement, these decisions could be made by surrogates who would benefit financially from an early termination of the ward's life. Given the factors involved, I find a substantial state interest in the protection of the ward and also a need to assure the public that a proper decision is being made where the intent of the ward is unknown or is based only on the ward's prior oral statement. In this type of situation, I would be much more comfortable with an impartial judge having the opportunity to determine the validity of the oral statement and the medical certificates, particularly where those making the decision have a financial interest.

The majority opinion nonetheless asserts that the death is by natural causes. Note too, that the dissent is okay with starvation death, as long as the facts are reviewed first, by a judge. So, it's possible that the dissent's use of "early death" refers merely to the difference between a surrogate making the decision with, vs. without judicial approval.

Two other asserted state interests do not merit much discussion. First, there is no issue in this case pertaining to third parties. Second, suicide is not an issue when, as here, the discontinuation of life support "in fact will merely result in [her] death, if at all, from natural causes." Satz, 362 So.2d at 162.

81 posted on 09/18/2005 6:18:53 PM PDT by Cboldt
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To: Crackingham
There's no way I would EVER buy this book.

I pray it flops.

82 posted on 09/18/2005 6:24:54 PM PDT by TAdams8591
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To: Crackingham

BARF, PUKE!!!!!!!!!!!


83 posted on 09/18/2005 6:25:39 PM PDT by Halls (Terri Schindler Schiavo was murdered legally in our country, NEVER FORGET!!!)
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To: All

I know some of us will be curious as to what the bastard writes in his book, but i ask that none of us buy the book and encourage everyone we know to not buy it either!


84 posted on 09/18/2005 6:27:00 PM PDT by Halls (Terri Schindler Schiavo was murdered legally in our country, NEVER FORGET!!!)
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To: Earthdweller; Lesforlife; 8mmMauser; tutstar; Republic; cyn

85 posted on 09/18/2005 6:31:03 PM PDT by floriduh voter (www.conservative-spirit.org Daily Newsfeeds & Weekly Update)
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To: Halls
I know some of us will be curious as to what the bastard writes in his book, but i ask that none of us buy the book and encourage everyone we know to not buy it either!

No problem, only the Roe vs Wade types would buy it anyways.

86 posted on 09/18/2005 6:33:54 PM PDT by bjs1779
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To: spinestein
Just a few of the things that you wrote that I noticed as being particularly relevant:

[The Federal Courts also put all of the burden on Terri, including, for example, the stance that the denial of basic care was the "status quo" that the statutory law was designed to preserve.]

That one really chaps my britches. The very principle of "preserve status quo" is to avoid irreversible decisions, and death happens to be irreversible. The appellate courts used mumbo-jumbo to avoid conflict. Being outcome-based undermines the legitimacy of the court system.

87 posted on 09/18/2005 6:35:20 PM PDT by Cboldt
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To: Cboldt
"But I don't believe one can objectively reach that conclusion, and certainly not to the standard of clear and convincing. One must give every benefit of the doubt to Michael, and deny every benefit of the doubt to Terri's family. That is not objectivity, it is bias."

Exactly, well said. Thank you for your informative and thoughtful post.

88 posted on 09/18/2005 6:40:10 PM PDT by TAdams8591
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To: Cboldt
The very principle of "preserve status quo" is to avoid irreversible decisions, and death happens to be irreversible.

"It is the mandate of the court...." 2nd court of Appeals.

89 posted on 09/18/2005 6:41:42 PM PDT by bjs1779
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To: TheSpottedOwl

Thanks for the post and 'reminding' some just what the 'falling out' was all about.


90 posted on 09/18/2005 6:47:00 PM PDT by presently no screen name
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To: Crackingham
Mike Schiavo and George Felos would be perfectly cast as the creepy husband and his even creepier lawyer in a Lifetime movie about the Terri Schiavo case, were it not for the fact that they actually are those guys.
91 posted on 09/18/2005 6:52:41 PM PDT by RichInOC ("The coffee is strong at Cafe du Monde, the doughnuts are too hot to touch..." Save the Big Greasy!)
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To: TAdams8591
Some social ills are persistent beyond the reach of law. In the case of care for incapacitated life, that legal remedies are powerless in the face of loss of commitment to the principle that human life is a sacred gift from God.

http://www.freerepublic.com/focus/f-news/1425649/posts?page=37#37

92 posted on 09/18/2005 6:53:44 PM PDT by Cboldt
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To: bjs1779

Vet didn't want to do it because he could of found homes for them.


thanks - that part I didn't know that.


93 posted on 09/18/2005 6:54:23 PM PDT by presently no screen name
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To: Halls

I'm not curious at all.


94 posted on 09/18/2005 6:57:50 PM PDT by presently no screen name
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To: presently no screen name
thanks - that part I didn't know that.

Michael was caught red handed with another perjury charge on that one, but he got away with it like everything else.

95 posted on 09/18/2005 6:59:30 PM PDT by bjs1779
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To: Brilliant

More profit in this for Mr. Schiavo.
=======
He'll profit without a dime from me.


96 posted on 09/18/2005 6:59:47 PM PDT by LucyJo ("I have overcome the world." "Abide in Me." (John 16:33; 15:4)
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To: floriduh voter

AMEN Sister!!


97 posted on 09/18/2005 7:19:26 PM PDT by Lesforlife ("For you created my inmost being; you knit me together in my mother's womb . . ." Psalm 139:13)
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To: presently no screen name

You're welcome. Unfortunately, some folks have their own agenda. Don't ask me why, because I sure don't know...


98 posted on 09/18/2005 7:20:52 PM PDT by TheSpottedOwl ("President Bush, start building that wall"!)
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To: presently no screen name
Vet didn't want to do it because he could of found homes for them.

thanks - that part I didn't know that.

Neither did I. Goes to show that I didn't read "everything". Why didn't the vet refuse to do this?

99 posted on 09/18/2005 7:29:59 PM PDT by TheSpottedOwl ("President Bush, start building that wall"!)
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To: Crackingham

Title: How I made sure Terri's side of the story would never be known.

Dispicable 'human being'..that tried to make money off of a living Terri and her death..excuse me, her Murder.


100 posted on 09/18/2005 7:34:55 PM PDT by SeaBiscuit (God Bless all who defend America and Friends, the rest can go to hell.)
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