Federal judge says Federal Judge says Terri Schiavo must die

World Net Daily ^ | Oct 10, 2003 | Sarah Foster

[amdgmary]

Federal judge says Terri Schiavo must die Rejects plea by parents to allow disabled woman to live

Posted: October 10, 2003

By Sarah Foster © 2003 WorldNetDaily.com

A federal judge in Tampa, Fla., has ruled against Terri Schiavo, the 39-year-old brain-disabled woman, whose death by court-ordered starvation is scheduled to begin in four days. The ruling clears the way for her husband, Michael Schiavo, to remove the feeding tube his wife depends upon for food and hydration.

Bob and Mary Schindler (courtesy Bay News 9)

At the end of a three-and-a-half-hour hearing this afternoon, U.S. District Judge Richard A. Lazzara rejected a plea by Terri's parents, Robert and Mary Schindler of Gulf Port, Fla., to assume federal jurisdiction over the case, refusing to acknowledge that her constitutional rights, in particular her 14th Amendment right to due process, had been violated.

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

He granted a motion to dismiss the Schindlers' petition made Monday by Schiavo's attorney George Mr. Felos, a well-known "right-to-die" advocate.

The case was argued in court by Christopher Ferrara, of the American Catholic Lawyers Association, co-counsel with Patricia Anderson representing the Schindlers and Terri herself.

Pamela Hennessy, volunteer spokesperson for the Schindler family, attended the hearing and pulled no punches in comments to WorldNetDaily.

"I sat there in the courtroom, and it seemed that he cut off every other sentence Chris made. He interrupted him endlessly. I don't think [Lazzara] let him finish too many sentences. I don't think Chris was really heard."

Gov. Jeb Bush

Not even the fact that the Florida Gov. Jeb Bush had stepped into the fight for Terri earlier this week by filing a friend-of-the-court brief on her behalf impressed the judge, said Hennessy.

"[Lazzara] didn't care," she said. "He said the governor's brief was well-written and he allowed him to be admitted as a friend of the court, but he said that [Bush] was only a friend of the court and had no power to intervene."

Hennessey took umbrage at the notion that as a federal judge he cannot take jurisdiction.

"Of course he can," she exclaimed. "[Terri's] constitutional rights have been denied. He could have stepped in, but nope – he washed his hands of it, he didn't want to get involved at all."

Michael Schiavo (Photo: WFLA-TV)

As WorldNetDaily reported, the Schindlers have been fighting with their son-in-law Michael Schiavo for 10 years over the lack of care and therapy Schiavo has provided for their daughter, who suffered massive brain damage when, at the age of 26, she collapsed at her home 13 years ago under mysterious circumstances.

The contentious family dispute escalated into a major euthanasia battle in 1998 when Schiavo petitioned the Florida courts for permission to end his wife's life by disconnecting her feeding tube, insisting she is in a "persistent vegetative state" and that in casual conversations she had told him she would not want to be kept alive "artificially." Although Terri breathes on her on and maintains her own blood pressure, she requires a simple tube into her abdomen to her stomach for nourishment and hydration.

Terri Schindler-Schiavo before her disability.

Although Terri's parents and siblings have claimed for years that she recognizes them and tries to talk – and over a dozen prominent doctors and therapists have stated under oath that she is not in a persistent vegetative state and with therapy could be rehabilitated – a handful of doctors have testified she is "vegetative." They claim her expressions and vocalizations are simply reflex actions and that she will never regain consciousness. Despite a scarcity of expert testimony and evidence for Schiavo's position, Greer and Florida's appellate courts have consistently sided with him and Felos, his attorney.

When the seven-member Florida Supreme Court washed its hands of the matter in August by turning down an appeal by the Schindlers to review the case, the way was clear for Schiavo to starve his wife to death.

On Sept. 17, probate Judge George Greer, of the Pinellas-Pasco Circuit Court, scheduled Oct. 15 as the day Terri's feeding tube would be removed.

At the same time but in separate rulings, Greer – who has been in charge of the case from almost the beginning – denied any rehabilitation whatsoever for the disabled woman. An Aug. 26 request by the Schindlers asking that their daughter be allowed an eight-week trial of speech, occupational and physical therapy, was summarily rejected by Greer along with a motion made Sept. 10 that she be taught to swallow food so she could be spoon-fed.

With the state courts closed against them, the Schindlers sued their son-in-law in federal court to block the scheduled Oct. 15 removal of their daughter's feeding tube. In their Sept. 22 request for a preliminary injunction, they asked Judge Lazzara that Terri be given therapy for a sufficient time to wean her off her feeding tube and return her to nutrition by mouth.

Today's ruling by Lazzara has destroyed that opportunity and the hopes of Terri's family and supporters that she would be allowed to live.

Terri's feeding tube is scheduled to be removed at 2 p.m. Wednesday. Physicians say her slow death by starvation and dehydration will take anywhere from seven to 14 days.

The Schindlers and their attorneys were unavailable for comment.

Legal documents and information on Terri's fight for life are posted on the family's website.

[SeattleTiger]

This is insane. I have seen the bumper stickers and other items expressing support for Terri. Are there any protests planned at any specific spot in Florida on or before Wednesday?

Still hoping for a miracle.

[Support Free Republic]

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[EggsAckley]

For the life of me, I cannot understand this case. Why are the judges SO determined to kill her? What could be their motivation? Just so that hubby-dearest can get his hands on some money?

Color me confused.

[amdgmary]

I attended the 3 hour hearing yesterday in Tampa. Terri's father, sister, and brother were there as was Michael Schiavo. Many supporters of Terri showed up for the hearing, while supporters for Michael were nil - only an aunt showed up to cheer him on. Michael rarely appears for court hearings so it was a surprise that he showed up.

During the hearing, I asked why all the judges, especially Judge George Greer and Judge Richard Lazzara, are so intent in killing Terri. It's very obvious that Michael Schiavo wants her dead so he can gets his hands on the rest of the money in the trust fund which is approximately $350,000.

In a 1993 jury trial, both Michael and Terri were awarded a total of 2.064 million dollars. Michael was awarded an additional $630,000 for the pain of losing his wife. The 2.064 million was intended for Terri's rehab and care. Very little of the money went for Terri's care. Most of the money was eaten up by Michael and his girlfriend and his euthanasia attorney, George Felos. Felos has been paid approximately $700,000 for this case. There may be a large life insurance policy that Michael will collect upon Terri's death.

The date to remove Terri's feeding tube is October 15, next Wednesday. I heard that a guard will be posted at Terri's door at hospice while the tube is being removed.

We're writing letters to Jeb Bush to ask for his intervention again. I kindly urge everyone to send an e-mail to Jeb at fl_governor@eog.state.fl.us and Jeb.Bush@MyFlorida.com.

Thank you!

[MHGinTN]

The injustice that has continued for now thirteen years regarding Terri's rights is evidence of why the democrat societal engineering of our court system must be stopped by removing democrats from offices across this land! The democrat party criminal enterprise machine knows well that their insidious liberalization continues to mutate this nation via the courts and appointed judges. Time for them to go, to return the judiciary to conservative principles that protect life.

A corrupt or imcompetent judge Greer (take your pick, his rulings evidence both conclusions) has consistently denied Terri's basic LIFE rights and the Florida 'subpreme' Court has refused to address this injustice (evidence of their gross incompetence or corruption, take your pick). If the current governor doesn't exercise his responsibility of oversight, through his atty general, Flordia will have proven that it is a state where no one is safe from the injustices issuable via over-liberalized courts and judges.

Personally, I wouldn't set foot on Florida soil and have expressed my wishes to family members that they cease visiting that corrupt and dangerous state. I wouldn't want anyone in my family to be stranded in Florida needing medical attention. They kill alive, conscious, albeit disabled, people down there, with the full and complete blessing of the judges and courts infesting that once great state!

Who runs Florida? It sure isn't the Jeb Bush administration from the look of things. The democrat sourced socialistic societal engineers run Florida at present, via the twisted liberal courts and socialist corrupted judges. Nope, wouldn't want anyone in my family setting foot on Floriduh soil, too damn dangerous!

[jmc813]

I think the time has come for more extreme measures.

[MHGinTN]

"Felos has been paid approximately $700,000 for this case." Money that was secretly released by Greer to be spent from Terri's trust designated for her rehabilitation! The longer the governor waits to take decisive action to save Terri from execution, the more it proves Jeb Bush is playing politics with Terri's life, in my honest opinion. Of course, Jeb Bush may refuse to save her, in which case we will know for sure that his administration doesn't in fact function as it was elected to function.

Every day delayed in removing a corrupt judge from this case, every day that Michael Schiavo is allowed to continue as guardian for Terri (he's an adulterer, a liar, and an abuser of a disabled woman, wanting only to kill Terri off and get the remaining funds and insurance), every day that the governor permits this gross injustice to continue in Florida ... every day is another day lost for Terri's rehabilitation and a day without the simple pleasure of sunshine on her face and the sound of life outside of a gray hospice institution of death. Bush is complicit in this evil if he can change it yet plays political chess with Terri's life.

[Sgt_Schultze]

Is the American's With Disabilities Act at all applicable in this matter?

[sweetliberty]

What a terrible tragedy. May the Lord have mercy on all involved.

[livius]

He's not playing politics with this. I read that, under Florida law, he has no other way to intervene in this except through the courts. Governors can commute death sentences, but this is not technically a death sentence; it is a ruling on a private matter which is essentially out of the hands of the state government.

[MHGinTN]

That's pure bullsh*t. You don't expect us to believe that a corrupt or imcompetent judge is untouchable, do you?

[absalom01]

I heard that a guard will be posted at Terri's door at hospice while the tube is being removed.

Everything about this is ghastly, but this cought my eye. I'm sure that they'll find someone to do this, but it won't be easy.

Pure evil at work, IMHO.

[trussell]

Place Marker

[livius]

Judges are not untouchable, but I don't believe the Governor of a state has the authority to remove a Federal judge. I'm not even sure they have the authority to remove a state judge just because they disagree with the judge's decision, unless it can be proved that the judge is receiving money or something else that would imply criminal activity.

Actually, let me revise that: Judges are very close to untouchable, and that is one of the problems with our system (as we can see in many judicial decisions, such as those of the 9th Circuit COurt, for example). Most judges - such as this one - are busy imposing a liberal agenda, and there seems to be no way to reach them or control them once they have obtained a judgeship.

[bert]

Your headline is not truthful. The judge did not rule she must die.

There is considerable question as to wheather she is alive. Cells are still functioning, but if systems have failed to the extent there is no viable organism, all cellular function will cease.

[amdgmary]

Bert,

The headline is indeed truthful. The headline "Federal Judge says Terri Schiavo must die" is from the World Net Daily report. Please read it at http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=35041.

Judge Richard Lazzara stated that he agrees with Judge George Greer's decision that Terri wants to die. But there is enough evidence that shows Terri is alert and responsive. She is physically disabled, but she is aware of her surroundings and says "hello" to her family when they visit her each day. Terri breaths on her own, is responsive to her environment, and responds to her parents affections. Does this sound like someone who is dead?

[exit82]

It is time for Gov. Bush to have the State Police take over Terri's room and prevent Wednesday from happening.

What the downside? The judge is going to come down and yell at the governor? I'd tell the judge to get lost.I'm the governor and I'm stepping in to prevent a murder. Don't like it, tough! Go back to your courtroom and write opinions. As long as I am governor, this person lives.

A citizen of the state is having her life taken from her withput her consent, based on flimsy evidence to the contrary by a man who has a financial gain in seeing her die.

Anyone who can't see the injustice in that is unwilling to.

[Action-America]

I have not been following this particular case, so I can't comment on the merits of either side's argument. Even so, I must admit that, from the limited amount of information provided in the above article, it would seem that Michael Schiavo "may" have motives that "may" not be consistent with Terri's wishes.  But then, I've only heard one side of the argument.  Let's just say that I am "concerned" and leave it at that.

The reason that I cannot be more than "concerned" is rooted in my own psyche.  Knowing all of the crazy things that I do, most of my friends would say that I am fearless.  Not so.  It's just that I know how to handle most types of fear and feed on it.  I have jumped out of perfectly good airplanes, flown hang gliders and ultralights, hand fed moray eels, climbed vertical rocks with out a safety line, raced motorcycles and drag boats, bungee jumped from bridges and done a hundred other crazy things.  I can attest to the absolute truth of the statement, "You will never truly live, until you risk life."  In fact, I feel sorry for - no, correct that - I truly pity all of those people who think that just walking around, breathing, eating and procreating is living.

I thrive on fear.  I make it my friend.  I use it to become a better person.  But, there is one fear that I have never come close to conquering.  I fear that I will grow old and die in my sleep.  It's not the growing old that bothers me - it's the possibility of not being awake to face death when it comes.  But, when I think of someone like Terri Schiavo, who even if she were to some day be able to feed herself, will never be able to truly live, that fear pales in comparison.

I have no way of knowing what is in her mind.  But, another thing that I know, is that I can't even begin to imagine the absolute, utter panic and despair that I would live with every day for the rest of my life, should I ever find myself in such a position, knowing that I would never again be able to truly live - knowing that I would never again be able to feel the exhilaration as the ground rushes up to meet me - knowing that I would never again be able to feel the hair bristle on the back of my neck when I realize that there are half a dozen sharks swimming between me and the dive boat - knowing that every day for the rest of my life would be the same - over and over and over and over and...  I cannot imagine a more painful excuse for life.

I don't know what her wishes are or ever were.  But, I pity her having to endure her 13 year ordeal.  I don't wish to sound crass, but in my own opinion, I would think that she would be fortunate to be vegetative all this time, so she would not have to face the monotony that has become every day of her life.  If I ever reach that stage, I don't want someone to pull the plug.  I would want them to push me out of an airplane... without a parachute.  That way, if I were in the least cognitive, I would be able to experience that last rush.

Personally, if I could choose how I would die, it would be like the Harry Stamper character (Bruce Willis), in Armageddon - on my own terms, in a big ball of fire, with the whole world watching, while saving the world.  Wow!  What a way to go!  I would just hope that time doesn't come too soon.  I've still got a lot of living to do.  There's a bridge down in South Africa (Blaaukrans bridge) that's just calling my name (216 meter bungee jump - over 5 seconds of freefall).  Now, that's living!

 

[Ethan_Allen]

"Actually, let me revise that: Judges are very close to untouchable, and that is one of the problems with our system "

Have you seen this?

CONSTITUTIONAL AMENDMENT PETITION FORM

"..I am a registered voter of Florida and hereby petition the Secretary of State to place the following amendment to the Florida Constitution on the ballot in the general election.
ARTICLE AND SECTION BEING CREATED OR AMENDED: Article I, Article V. (RULE 1S-2.009)

BALLOT TITLE: The Judicial Accountability Amendment (Judicial Accountability Initiative Law). (§101.161, F.S.)

BALLOT SUMMARY: We, the People of Florida, find the doctrine of judicial immunity has been greatly abused, and when judges abuse their power, the People are obligated - it is their duty - to correct that injury for the benefit of themselves and their posterity. In order to ensure judicial accountability and domestic tranquility, we hereby amend under Article I, Article V of our Constitution with these provisions, which shall be known as "The Judicial Accountability Initiative Law Amendment." (§101.161, F.S.)

FULL TEXT OF THE PROPOSED AMENDMENT: Full text of this amendment is printed and continued on the accompanying four pages. (RULE 1S-2.009) ...." http://floridajail4judges.org/FL_petition.html

jail4judges is being organized in all 50 states

and this:

REDRESS, INC.
http://www.redressinc.org/default.asp

"Corruption in the agencies charged with enforcing our laws not only threatens communities by allowing dangerous criminals to roam free, it also undermines the confidence of our citizens in law enforcement and the criminal justice system. The same is true with respect to judicial corruption. We must all, in our own countries, lead the fight to ensure integrity within our police and judicial systems."