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Brain-Damaged Woman Won't Get Guardian
Yahoo ^ | 01/09/04 | Associated Press

Posted on 01/09/2004 8:04:38 PM PST by Micavaga

CLEARWATER, Fla. - A judge on Friday rejected Gov. Jeb Bush's request that an independent guardian continue working in the interests of a severely brain-damaged woman at the center of a right-to-die case.

Chief Judge David Demers ruled that he would not reappoint a guardian to the case, citing pending litigation over the constitutionality of the law that called for the guardian for Terri Schiavo.

"Terri Schiavo yet again has been denied an independent voice in the proceedings that may very well determine the outcome of her life," the governor's office said in a statement.

Florida courts repeatedly have said Michael Schiavo, Terri Schiavo's legal guardian, has the right to remove the feeding tube that has kept her alive. Her parents want to keep her alive and see if she will respond to therapy, and dispute her husband's contention that she had said she didn't want to be kept alive artificially.

The tube was removed for six days in October until the Legislature and the governor stepped in to have the tube reinserted and an independent guardian appointed for her.

The guardian, Jay Wolfson, issued a report that recommended further tests, but did not take a side in the controversy of whether Terri Schiavo wanted to be kept alive artificially. Wolfson was dismissed once the report was issued.

Pat Anderson, a lawyer for Terri Schiavo's parents, questioned Friday's ruling. Her parents have argued that their daughter deserved to have an independent guardian, saying her husband has a conflict of interest because he is engaged to another woman and they have children together.

Michael Schiavo denies a conflict of interest and says he is just carrying out his 40-year-old wife's wishes.

Terri Schiavo collapsed in 1990 at age 26 when her heart stopped from what doctors believe was a chemical imbalance.


TOPICS: Government; News/Current Events
KEYWORDS: 6thcircuit; campbells; constitutionality; demers; denied; dueprocessforjeb; executingdisabled; fl; guardian; injustice; itbeginslikethis; nocerebralcortex; pinellascounty; pvs; retainedrights; righttodie; schiavo; terri; terrischiavo; terrisfight
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Argggh!

"Demers says Terri's Law is 'presumptively unconstitutional' based on Felo's one-sided argument (at the time Demers made the comment he had not even read Bush's response)..."

I should have said, BAIRD first said Terri's Law is 'presumptively unconstitutional' based on Felo's one-sided argument . . . and DEMERS now parrots BAIRD's commentary because the 2nd D.C.A. refused to remove BAIRD for bias.

So goes the merry-go-round at the Pinellas Circus.

"The Sleep of Reason Produces Monsters"
by Francisco de Goya
from Los Caprichos 1797-98, etching with aquatint

This etching has been given various interpretations,
but it is generally thought that the work represents
the "triumph of nightmare."

41 posted on 01/12/2004 1:38:15 PM PST by msmagoo (Indict Michael Schiavo! Let a jury decide who is telling the truth!)
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To: msmagoo
I think we should start writing a book right now, The Judicial Murder of Terri Schindler-Schiavo. How "good old boy" judges and lawyers in Florida are conspiring to put a disabled woman to a gruesome death. (Or some such title.) All we need is a two-chapter outline to send it to publishers and get out press releases about the forthcoming book.
42 posted on 01/12/2004 1:39:02 PM PST by T'wit (There is only one form of government: too much)
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To: msmagoo
Heavenly Father, we return to give You thanks that You have every answer to every question we ask regarding the injustice visited upon this mother's child. If we were to walk by sight, O God, we would be without hope for this innocent woman, condemned to death by all that is vile. Help us, O Lord, to do as You would have us ... to walk by faith, for You know the way. Still, Creator God, our hearts are heavy to think of Terri's imprisonment ... and her sentence ... and her fate, if left to the merchants of death.

Again, O Lord, we are before the Throne of Grace on her behalf. Again, O Lord, we pray for that one judge who will look with compassion upon this beloved daughter and sister, and who will look deep within the law, that Terri be afforded every protection. She is behind closed doors, while her husband is free to love another and to hold close his children. She is deprived of color, while those who seek to end her life go about in the finest of clothes and in the nicest ways. She is deprived of her loved ones, yet everyone else can freely fellowship with family.

We are a hurting people for this dear child, Heavenly Father, yet we know that she has been sustained because of Your grace and mercy, because of Your abundant love for this afflicted one. Were it not for You, she would have perished. Continue to be her portion unto the day of her release, that she may yet rejoice many days with her family ... in the Name of Jesus, I pray, Amen ...

43 posted on 01/12/2004 1:44:06 PM PST by Pegita ('Tis so sweet to trust in Jesus, just to take Him at His Word ...)
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To: msmagoo
They don't even discuss Terri as a human being. WHAT A BUNCH OF SICKOS. Has World Net Daily done anything yet on the recent stinko rulings by DEMONIC DEMERS? The devil's in the details when it comes to Terri's rights.
44 posted on 01/12/2004 2:54:25 PM PST by floriduh voter (www.conservative-spirit.org freeper site)
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To: T'wit
"I think we should start writing a book right now, The Judicial Murder of Terri Schindler-Schiavo. How "good old boy" judges and lawyers in Florida are conspiring to put a disabled woman to a gruesome death. (Or some such title.) All we need is a two-chapter outline to send it to publishers and get out press releases about the forthcoming book."

Count me in! The truth is right here on the Terri threads at Free Republic, let's take it to another level. We could write a book about the facts the FelosFraudSquad won't let the mainstream media cover.

Don't forget to listen to Carla Iyers tomorrow at 10 ET on Highway2Health. Should be interesting.

45 posted on 01/12/2004 3:14:50 PM PST by msmagoo (Indict Michael Schiavo! Let a jury decide who is telling the truth!)
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To: Pegita
"We are a hurting people for this dear child, Heavenly Father, yet we know that she has been sustained because of Your grace and mercy, because of Your abundant love for this afflicted one. Were it not for You, she would have perished."

Dear Pegita, as always your prayers calm our churning emotions and remind us that Terri is protected by His mercy, despite the suffering the laws of men have inflicted on her loved ones. Though the men who hold her life in their hands increase our anguish, we are secure in our faith that He hears our prayers and in due time His wisdom will expose the follies of those who do not respect or understand their precious duty to apply the law fairly and without prejudice, to the weakest as well as the strong. May He grant them the vision they lack, in matters of the spirit as well as the law.

46 posted on 01/12/2004 3:40:41 PM PST by msmagoo (Indict Michael Schiavo! Let a jury decide who is telling the truth!)
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To: floriduh voter; All
"They don't even discuss Terri as a human being. WHAT A BUNCH OF SICKOS."

Nothing from WND about Demer's latest violation of Terri's civil rights, but two new articles both commenting on acceptance of the right-to-die movement as a result of Roe v. Wade.

Florida court denies state guardians for fetuses

ORLANDO, Fla. - A Florida appeals court panel ruled on Friday that the state could not appoint a guardian for the fetus of a retarded rape victim, dismissing what civil liberties groups complained was an attack by Gov. Jeb Bush against abortion rights.
In a somewhat similar case, Bush intervened in a dispute involving a brain-damaged woman whose husband won a judge's permission to disconnect her feeding tube.
The Legislature passed a law last fall that allowed Bush to order the tube reinserted. The husband of the woman, Terri Schiavo, 40, has asked the courts to strike down the law.
In both cases, critics of Bush have accused him of trying to establish precedent for encroaching on the privacy of individuals. His supporters have applauded him for acting on his belief that "innocent life" should be maintained at any cost.

At BPNews
Equipping for pro-life cause among key ERLC aims, Land says

"By allowing this barbarity -- for over 30 years now we have been killing a baby every 20 seconds -- we have brutalized our whole society, including our court system, in that we have devalued and de-sanctified human life to the point that a court can as casually sentence a human being to die by malnutrition and dehydration as it can allow a partially delivered healthy baby to be murdered by a physician."

- Ethics & Religious Liberty Commission President Richard Land

47 posted on 01/12/2004 4:19:17 PM PST by msmagoo (Indict Michael Schiavo! Let a jury decide who is telling the truth!)
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To: msmagoo
>>May He grant them the vision they lack, in matters of the spirit as well as the law.<<

Amen, msmagoo, Amen ...

48 posted on 01/12/2004 4:20:02 PM PST by Pegita ('Tis so sweet to trust in Jesus, just to take Him at His Word ...)
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To: msmagoo
The monster Michael Schiavo just keeps his claws in her.
49 posted on 01/12/2004 4:21:58 PM PST by Saundra Duffy (For victory & freedom!!!)
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To: msmagoo
a list of questions he said were not addressed in an earlier investigation by University of South Florida Professor Jay Wolfson.....In a three-page ruling signed Thursday, Demers said the 2nd District Court of Appeal recently ruled Terri's Law is presumptively unconstitutional. Demers denied the governor's request without further explanation.

I'm not surprised......about questions not being addressed by Wolfson, and by Demer's denial or lack of explanation. This whole thing reminds me of Shakespeare's Hamlet...."Something is rotten in the state of Denmark."

50 posted on 01/13/2004 4:12:50 AM PST by nicmarlo
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To: msmagoo
If anyone can post a link to the interview with Carla Iyers, please do.

Another Angel of Death showed up in today's news. Another MALE nurse -- why is it so often a male, and in a profession that has so few men? And why do they specialize in killing female patients? There's a subject we could discuss with profit! Here's a link (if I'm doing this right :-) )

Swiss nurse may have murdered 24 elderly patients

George Felos should be a nurse. He and Michael Schiavo could team up and snuff half the county before the local authorities get tired of them.

51 posted on 01/14/2004 12:03:02 PM PST by T'wit (There is only one form of government: too much)
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To: blueriver; msmagoo; floriduh voter
It is so obvious that the Fl justice system is corrupt. Terri never had a chance against them. The legislature is her only hope. They need to enact another law that prohibits this kind of killing. It is her only chance to survive.

I agree with you we need to find someone in the Florida legislature to sponsor another law for Terri. I'm not sure what the law should be.

1) Perhaps, that whenever there is a dispute over the wishes of a disabled person, who can't speak for herself that a guardian ad litem has to be appointed and remain her guardian.

2) Or a law that requires every disabled person to be allowed to have physical therapy until two therapist agree that the disabled person cannot benefit from more therapy.

3) Or perhaps a law that allows videotaping for court the disabled person by both sdes of the dispute. We need to pass a new law while this one is being disputed by the bought and paid for judges.

52 posted on 01/14/2004 3:01:21 PM PST by FR_addict
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To: FR_addict
H'mm -- "We need new laws! We broke the old ones!
53 posted on 01/14/2004 3:30:49 PM PST by cyn (www.terrisfight.org)
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To: FR_addict; tutstar
(rueful laugh) gee, does it look like I'm getting cranky? B-(

Well, I am -- if any of any number of people would just be honest, do their jobs, LOOK at the facts, and more importantly, LOOK AT TERRI, we wouldn't still be here, now would we? Grrr!! I'm a gonna leave for a while.

I'm thinking about what you wrote on the other thread, am thinking, why not? do we have an address?

54 posted on 01/14/2004 3:51:04 PM PST by cyn (www.terrisfight.org)
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To: FR_addict; All; cyn; GWB and GOP Man; Republic; TaxRelief; Huber; pc93; sweetliberty; ...
Please encourage your acquaintances to visit this url. This homeschooler has done a great job of clarifying the issues in laymen's terms.

http://www.home-school.com/news/schiavo4.html

55 posted on 01/14/2004 6:00:38 PM PST by floriduh voter (www.conservative-spirit.org freeper site)
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To: FR_addict
Terri would have more rights if she were an enemy combatant at Gitmo, and she'd get a prayer rug to boot.
56 posted on 01/14/2004 6:01:57 PM PST by floriduh voter (www.conservative-spirit.org freeper site)
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To: FR_addict
I think the plight of Terri is mostly about the power of judges -- these arrogant FL judges are power-power-mad. All that matters to them is their political and personal power. They don't make the very high salaries of in-demand lawyers; so they crave the power that comes with the judgeships. Anyone who cannot see the corruption of this FL judiciary is either blind, deceitful, or partisan.
57 posted on 01/14/2004 7:42:54 PM PST by Theodore R. (When will they ever learn?)
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To: nicmarlo
This whole thing reminds me of Shakespeare's Hamlet...."Something is rotten in the state of Denmark."

Wow, you have hit the nail on the coffin. FL is a corrupt state: so are many others. Perhaps we should have a "corrupt state" contest on our forum and see who can win.
58 posted on 01/14/2004 7:49:21 PM PST by Theodore R. (When will they ever learn?)
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To: nicmarlo
This whole thing reminds me of Shakespeare's Hamlet...."Something is rotten in the state of Denmark."

Wow, you have hit the nail on the coffin. FL is a corrupt state: so are many others. Perhaps we should have a "corrupt state" contest on our forum and see who can win.
59 posted on 01/14/2004 7:50:49 PM PST by Theodore R. (When will they ever learn?)
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To: floriduh voter; tutstar; msmagoo; FL_engineer
"Terri would have more rights if she were an enemy combatant at Gitmo, and she'd get a prayer rug to boot."

lol, true. Thanks for the homeschoolers link http://www.home-school.com/news/schiavo4.html -- that is EXCELLENT!! Well put, good links.

Good night, everyone. Good night, Terri! May angels seen and unseen continue to guard, protect, and defend you against any evil, any harm, any discomfort.

60 posted on 01/14/2004 9:15:03 PM PST by cyn (www.terrisfight.org)
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