Lawyer: Terri still in danger

WorldNetDaily.com ^ | October 22, 2003, 5:15 p.m. Eastern | By Sarah Foster

[shhrubbery!]

If an agreement cannot be reached, Demeres said, he will appoint Dr. Jay Wolfson, a professor of health and law at Stetson University, as the guardian.

Something odd about Terri's new guadian ad litem (?) here. Don't know if it means anything, but FWIW:

Secretary sues over scholars' fracas at USF

By JAMES HARPER

St. Petersburg Times Staff Writer

February 4, 1994

      TAMPA - A secretary at the University of South Florida who says she was injured during a faculty fracas just before Christmas filed a civil suit Thursday against one of the professors involved.

       Jay Wolfson, a USF professor and member of the Hillsborough County Hospital Authority, threatened secretary Yolanda Santos, grabbed her and jumped on her back - all in a struggle over Santos' personal tape recorder, the suit charges.

      "This is something one would expect to read about in grade school," said Santos' attorney, Steve Yerrid. "It's ironic in a place of higher learning that the very basics we learn as children were cast aside."

      "We're comfortable that Dr. Wolfson did nothing inappropriate that day," said Tracy Sheehan, one of the lawyers representing him.

      Santos' story is nothing but "a fabrication" designed to fuel a bitter faculty turf war at USF, she said.

      The suit claims that Wolfson's actions amounted to assault and battery, false imprisonment and negligence and asks for $300,000 in punitive damages.

      State prosecutors and USF officials are still investigating the Dec. 17 incident, which occurred at a faculty meeting in the Department of Health Policy and Management in the College of Public Health.

      Details of the incident have been sketchy.

      Department chairman James Studnicki, who along with Santos filed a criminal complaint, has declined to speak with reporters about it. Wolfson and interim public health dean John Skinner, who were both at the meeting, have said there was a lot of yelling that day, but nothing violent.

      Santos' lawsuit offers different version of events. The meeting, which Santos was there to record, began with an argument between Studnicki and Wolfson. When Studnicki tried to adjourn the meeting and asked Santos to leave with him, Wolfson grabbed her by the arm and thrust her back into her chair, the suit says. Santos said she was frightened by Wolfson's yelling and threats.

      A few moments later, Studnicki again asked Santos to leave the room and to take her tape recorder with her. When Santos reached for the recorder, Wolfson "jumped on her back and reached over her in an effort of wrestle the records from her possession," the suit says. "As a result of (Wolfson's) unexpected attack, (Santos) was violently pushed headfirst into the chair upon which the recorder had been resting and as a result sustained personal injuries."

      The Provost Office has asked three professors to decide whether faculty rules were broken.

[Torie]

Thanks for the explanation. I guess in the instant case, I am off on a frolic and detour. That is what happens when the legal beagle has no real grasp of the facts. Bad practice really.

[jwalsh07]

Life settled down a bit for ya?

[Brandon]

The legislature passed a new law. It did not strip the court of its ability to interpret the law. I fail to see how, in passing new legislation, the Florida legislature exercised a power appertaining to the judiciary. How is the case at hand a separation of powers issue?

IANAL, but my guess is that the argument would not be that the legislature usurped a judicial function, but that it attempted to authorize the governor (part of the executive branch) to usurp a judicial function.

Essentially, the legislature authorized the governor to supercede a court decision by executive order. That's not the sort of thing that usually makes conservatives stand up and cheer.

[shhrubbery!]

More regarding this apparent assault by Terri's potential guardian ad litem, Dr. Jay Wolfson: court papers re Jay Wolfson

(For all I know, this may have been a frivolous lawsuit. Nonetheless the woman he allegedly assaulted claimed injury and appears to have won an award from State Farm, Wolfson's insurer.)

[Torie]

The trial ended Tuesday after six weeks. I have never worked as hard in my life, as I have for the last 3 months. But now we have various and sundry motions, and a schedule of closing briefs, which will go on until January, with a decision within 90 days thereafter. But most of that work can be done with my pen, and I no longer suffer much stress from wielding my pen. About that, at this point in my life, it is sort of hard wiring. I just do it, and the prose comes pouring out in mysterious ways.

[jwalsh07]

Well, good luck, I'm pulling for you.

I'm also available for consultation at bargain rates. :-}

[Torie]

There were some high points. One was when I shreaded on the stand the opposition's forensic fraud accountant's expert. In that area, I was in my element. It was simply grand. I frandly knew more about partnership tax law, the implications and meaning of check kiting, economic substance over form, then he did. This beaten up old primarily transactional lawyer, with a certain grounding in finance and economics, proved to still have some testosterone left. Actually, the cousin of this guy was one of my graduate school economics professors back when before rocks cooled.

I also enjoyed impeaching the perps. I found that I have a certain talent at that. I can't imagine why.

[jwalsh07]

Got video????????????????

[Torie]

Pity no. My client (well the son of my deceased client) gave me a hug though at that time, and at the end of the trial. He knew I was an ersatz trial lawyer, but well, I had certain other qualities which he came to appreciate. Quite emotional. I am not quite the same person I was six months ago. I had a duty to walk into the abyss due to a series of accidents, including my real client, the father, dying in midsteam, and just had to carry on, as best I could, as the "perp" put words into the mouth of my dead client, which I had to deflect through circumstantial evidence and shredding the credibility of the "perp." I was determined to overcome my lack of experience in certain areas, and to retain my self respect. I think I did. We shall see what the result is. I will let you know.

[spunkets]

" Are you being hyperbolic? None of the video I saw showed that level of motor skill.

No. I an absolutly positive. The comm won't be in writing though, it'll be an audible and it would take someone like that speech therapist from the Chicago area to do it. I'm not sure how well she see's but her awareness of sound and touch is excellent. Apparently she never had a speech therapist. She can only vocalize sounds on an exhale.

The short

In PVS, there is no awareness, so affect(emotion) is inappropriate. Response to stimulation is not repeatable, their is no recognizable pattern to stimulation/response. ect. There's even a doc that did an evaluation, with a balloon. He was caught making a comment on tape "about following it a little bit", but is reported he later denied any response at all in court. The evaluation was bogus. She was trying her hardest(a display of understanding and effort) and he saw that(or didn't give a damn), so instead of keeping up with her, he nonchalantly huried it up. She recognized and reached out for Dad.(audio) She has recall, awareness and a lot of other things. I was expecting something tricky. She has more than most democrats.

As many appropriate med folks as possible should be given this media stuff, and give their opinions whether the woman is in a PVS. Then present the pile, start in small packs to get it going, to the feds and Ashcroft's office. Include the appropriate stuff from the Terrisfight.org for at least:

It's inconcievable that in any gathering of such docs, that such agreement on an erroneous observation could be reached, unless they were directed to come to certain conclutions. Greer commented that it was all high quality. It was rubbish.

Conspiracy *****************

TITLE 18 > PART I > CHAPTER 13 > Sec. 241.

Sec. 241. - Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. **************

It should also be sent to the appropriate states where they are licenced to practice medicine. I'm sure all of them and the feds have fraud satutes.

If that fat a*s r. king could get the benefit of a fed civil rights violation, this poor woman should.

[spunkets]

the med afffidavits are for probable cause.

[kennedyd]

The question, then, is whether a bill granting the governor authority to issue a stay, under a narrowly defined set of circumstances, represents an unconstitutional usurpation of a judicial function under Florida's constitution.

[jwalsh07]

I'll be waiting. Sounds like it was a tough one but it also sounds like it got the adrenaline flowing which is good at our age. Take names, kick ass.

[GretchenEE]

[the attorney said] because his primary objective is to kill her

It is so good to see someone come right out and say this, black and white.

The video, which shows Terri alert and laughing and trying to speak, further indicates attempts at rehabilitative therapy, also banned by the courts.

My God in heaven.

[The Red Zone]

Dunno. Send it to all the hospitals in the area and ask them to keep on file? Put on the web and tattoo the URL on your chest?

[greccogirl]

for one feel much more secure knowing that if I ever ended up in that state, my guardian could be removed by Governors fiat because deluded members of one side of my family and religious fundamentalists didn't agree with my guardians decisions

Well I for one sure as hell do! God forbid I would ever be at the mercy of someone like Michael Schavio, I would hope to GOD someone would intervene!

[greccogirl]

Another SERIOUS problem with right to die directives. I can't tell you how many people I've talked to about this case (and it's a LOT) who had no idea that feeding/hydration was considered "life support". At least 2/3 of them who said "I don't want life support" changed their tunes in a hurry when they actually realized they could be slowly starved to death even if they were conscious. Unfortunately people don't educate themselves on what is actually happening in a lot of right to die cases. When they think of right to die, they think "I'm in an irreversible coma, totally unconscious, a respirator breathing for me, and I'll never wake up". They don't realize that you can be a LOT better off than that and still (as this case shows) be starved and actually killed. At least half of the people I have contacted have now changed their directives for more, shall we say, finer wording?

This happened to a friend of my sisters. (shady circumstances). She was a friend from church, in a car wreck and in a semi-coma on a breathing ventilator. They stayed with her all day talking to her and doing prayers and she would squeeze their hands to show she was conscious enough to understand and hear. That was on wednesday. On Friday morning her husband pulled the plug (no change in her condition). My sister about crapped and was shocked!! Guess what? He remarried in TWO WEEKS.
Right.........................