Florida Failed to Defend the Life of Terri Schiavo

ROME/TALLAHASSEE, Florida, SEPT. 24, 2004 (Zenit.org).- A bioethicist expressed his concern over the failure of the Florida State Supreme Court to defend the life of Terri Schiavo in face of her husband's insistence that she be allowed to die.

The Court ruled on Thursday that the "Terri Law", signed by Florida's Governor Jeb Bush, is unconstitutional and that the governor should not have been given the power to have the feeding tube reinserted, against the wishes of the brain-damaged woman's husband. Terri Shiavo has been unconscious for the past 14 years.

The Court heard the appeal of Michael Schiavo, the patient's husband, and ruled that the law, approved by the Florida State Legislature and in force for only 15 days, is unconstitutional.

The seven judges of the State Supreme Court ruled unanimously that the "Terri Law," promulgated in October of 2003, violated the separation of the powers between the judicial, legislative and executive branch, and that the Florida Legislature improperly delegated power to the governor.

"We recognize that the tragic circumstances underlying this case make it difficult to put emotions aside and focus solely on the legal issue presented," wrote Chief Justice Barbara Pariente, who authored the opinion.

"We are not insensitive to the struggle that all members of Theresa's family have endured since she fell unconscious in 1990. However, we are a nation of laws and we must govern our decisions by the rule of law and not by our own emotions," she continued.

"Our hearts can fully comprehend the grief so fully demonstrated by Theresa's family members on this record," the ruling said. "But our hearts are not the law. What is in the Constitution always must prevail over emotions. Our oaths as judges require that this principle is our polestar, and it alone."

Terri Schiavo, 40, suffered severe brain damage in 1990 when her heart stopped due to an eating problem. Although she can breathe on her own, she needs a feeding tube to survive. Her husband argues that she would not have wished to be kept alive in this way and wants the tube to be removed and that she be allowed to die.

However, the patient's parents, Bob and Mary Schindler, rejected the proposal and alleged that their daughter might recover her faculties.

“I cannot go into the technical aspects of the ruling. I don't know if it is correct from the strictly technical-juridical point of view. However, it is very sad and worrying that a defenseless person's death can be caused by a technical problem and that the juridical system is unable to protect Terri Schiavo's life," said Father Gonzalo Miranda, dean of the Faculty of Bioethics of Rome's Pontifical Athenaeum Regina Apostolorum.

"Assuming that the ruling is technically correct, I think that the position presented by Judge Barbara Pariente, is gravely inexact: the problem does not lie in choosing between 'emotions and rules,' but between defense of a human life and the rules," the Legionary of Christ said in statements to ZENIT.

"Obviously the written rules cannot address each and all of the concrete cases that can arise. Interpretation of the rules not only is necessary but inevitable," added the expert, who has represented the Catholic Church in questions of bioethics at UNESCO.

"And, in the case of a serious emergency, as was Mrs. Schiavo's situation when 'Terri's Law' was promulgated, one would have to be able to interpret and apply the rules in favor of the protection of life, perhaps with an all together exceptional and temporal legal measure (so that it could not be used abusively as a precedent to alter the established juridical and constitutional order)."

"When an emergency arises and the written rules are not adequate to protect someone who is in danger of death, are we not able to adapt the rules or interpret them keeping the special situation in mind, or to make an exception for the good of the person?" Father Miranda asked.

"What will happen when a terrorist threatens someone's life and the rules do not allow his arrest?" he continued.

“I am assailed by a suspicion: the sad Schiavo case has been extended for a very long time, without the lawmakers and judges being able to definitively guarantee the protection of life."

"Might it not be the case, in fact, that some would prefer to see her dead?" he asked.

"King Solomon knew who the real mother of the child was when he saw that one of the women accepted his being cut in half, while the mother cried out that she preferred that he be given alive to the other woman," Father Miranda added.

"Terri's husband pursues obsessively his wife's death (alleging, naturally, that he does so out of compassion for her). Terry's parents are fighting to save her life. If only our judges would learn something of the wisdom of Solomon," he concluded.

Just in case I don't survive Jeanne.

pc

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correction -> www.msnbc.com
but send to this e-mail address with your question -> mtp@nbc.com

subject -> what to ask your guests

thanks to fv

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i'm at my brother's. I think I did a search and put the link for the Terri search or else I was referring to the thread about Florida being in play for the Presidential election. I think that we could email Tim Russert before his prez debate a carefully worded question for the President re: It is being alleged that Florida investigative bodies are stonewalling and refusing to investigate the cases of Terri Schindler-Schiavo. Would you consider having the Dept. of Justice conduct a full scale investigation regarding Terri due to numerous conflicts of interest and failures in many governmental bodies in the State of Florida to protect or safeguard Terri, an American citizen and disabled Floridian? It has been alleged that there is a conspiracy against Terri Schindler-Schiavo and a hands off approach by governmental bodies in Florida will result in an innocent woman's death by starvation.

Is it time for you, President Bush to use your Executive Powers to order such a full scale investigation?????

Come on guys. Please email Tim Russert - he'll use emailed questions for the upcoming Presidential debate and Terri is an issue whether they want to acknowledge that or not. Go to www.nbc.com and click on Meet the Press. Put Terri and stuff re: Prez debate Question for President Bush in the subject line

Background:

FL AHCA Coverup Forces Schoch To Issue Public Writ Of Mandamus

Tallahassee, FL (PRWEB) September 2, 2004 -- The following public writ of mandamus was sent via Express Mail and certified letters to all parties in the letter on 8-28-04. It was also passed out to the media in Tallahassee the day before and on the day of the oral arguments before the Florida Supreme Court regarding the constitutionality of HB 35-E/S 12-E (Public Law 03-418). This is my Public Writ of Mandamus. Each letter came with a mini cd of the AHCA documentation and other information which proves there is a cover-up. (Note: If you would like to represent or know someone who would like to represent this case please call Juan Schoch at 407-925-4141):

August 28, 2004

James D. Boyd
Inspector General of AHCA
2727 Mahan Drive
Tallahassee, FL 32308-5403

Re: All information, CCR#s, and yet to be assigned CCR#s contained
and referred to in CIG#200406030002 and AHCA Tracking #05-003, etc.,
other cases yet to be generated and your duties to set Theresa
Schindler Schiavo on the road to her recovery (much can be found in
the enclosed mini compact disc)

Dear Mr. Boyd:

Thank you for your letter of August 13, 2004 regarding my August 9,
2004 e-mail requesting public records and copies of various agency
documents. In your response you write "…the issues raised in your
June 3 letter and July 20 e-mail did not show evidence of possible
violations of statutes, policy or procedure that could constitute
misconduct or wrongdoing on the part of agency staff…" to which I
make the following statement and request:

I demand as a United States citizen and a Florida resident
sufficient corrective actions, remedies, redress, relief, etc. to
what I perceive and know to be illegal actions of AHCA, facilities,
etc. I hereby request AHCA and any other government agency or
entity, local, county, state or federal invested with investigative,
enforcement and prosecutorial powers who may be reading this, or
others of whom it is within their purview of being able to contact
said powers, etc. to do their jobs of investigating, enforcing or
assisting in getting the laws enforced in regards to valid
allegations of acts of felony neglect and attempted murder, etc.
perpetrated against the person of Theresa Schindler Schiavo.

While it is my duty (when it has come to my knowledge) as a resident
of the State of Florida and a United States Citizen to report
abuses, neglect or exploitations against vulnerable people who can't
speak for themselves it is NOT my job to site book and page. One
would think that the competency level of all persons in agencies
serving the public who by statute are to receive, properly review
and survey complaints for violations of statutes, criminal
violations, disregard for policies and procedures that are in fact
evidence of misconduct or wrongdoing on the part of agency staff and
facilities, persons, etc. would be much higher then heretofore
displayed.

I have provided, while perhaps to some seemingly disconnected or
incongruent, sufficient, overall and comprehensive evidence to
illuminate within the average persons mind and their reasonable
ability to piece together and comprehend pertinent data, more than
enough evidences of illegal conduct, which point to statute
violations on the part of agency staff and facilities, etc. and it
has become painfully clear that people in your and other agencies
are spending more time sending not just me, but most complainants,
relating to the matters presented, far afield from the matter at
hand, of which there is or are:

* Non-delivery of all 15 retained rights of this incapacitated
person pursuant to Florida Statute 744.3215(1)(a-o) both
individually and collectively as a whole

* State licensed facilities bowing to the abuse of power by the
guardian, his attorneys, local law enforcement, the state attorneys
office, and other public officials to facilitate and further the
denial and withholding of this citizens statutory and constitutional
retained rights

* Illegal acts and or omissions by many supervisory level personnel
in many agencies and facilities, in non-fulfillment of their duty by
those personnel pursuant to Florida Statute 415.1034 mandatory
reporting to invoke and call upon protections under the
whistleblowers act when their employment is threatened. Such and
other failures are enabling, promoting and facilitating what appears
to be an overall agenda of their various supervisors (and others)
who indirectly and/or directly are working collectively (knowingly
or unknowingly) pursuant to a directed agenda by the recently
exposed many in positions of public trust

In light of the fact that AHCA Complaint Administration Unit intake
operator Justina told me that they "didn't want to hear about what
particular statute violations were occurring as it is the AHCA's job
to know these things," and as I have stated above it is not my job
to point out the specific violations of statutes, policy, or
procedure that could constitute misconduct or wrongdoing on the part
of agency staff, facilities, etc. (your words in bold), it should be
obvious to you that while I am perfectly capable of seeing and
reporting specific violations I was being told not to do this by the
Complaint Administration Unit intake personnel. Now I am being told
by you to the contrary that I must do your jobs. This in and of
itself is evidence of an agency and a system that continues to
notoriously exhibit incompetence in this matter, and only proves a
limited ability to send the very people who you serve, on endless
tail-chases and endless non-productive rabbit trails.

While all of this energy is expended, the primary matter at hand,
the FS825.102 and FS825.103 abuse, neglect and exploitation of
Theresa Marie Schiavo continues at the liable hands of all agencies,
various personnel and public officials, etc. to the detriment of not
only her but all vulnerable adults, elderly and disabled persons
throughout the State of Florida by the acts and omissions of every

one of these negligent persons who are entrusted with the Public's
Trust.

BE IT KNOWN, that everyone is officially on notice, that to continue
to obey these illegal and subversive directives, of persons who wish
to continue to further the obvious and blatant efforts to
intentionally cause the death of this very conscious, self-aware,
cognitive, disabled and vulnerable adult (who has been actively
prevented from getting better) as defined by Florida Statute 415,
744, 825, 400, 782, the ADA Act, and CFR42 rises to the level of
felony crimes and is unlawful, collectively, pursuant to Florida
Statute 876.22 through FS876.31 known as the Subversive Activities
Act, in that the collective efforts, whether knowingly or
unknowingly, of all the involved including medical professionals,
public servants, facilities, guardians, caregivers, and others, is
ultimately resulting in the destruction of all that we as free
citizens enjoy as our constitutional protections, which are there to
guarantee our inalienable right to life, liberty to that life, and
the pursuit of happiness through our FS744.3215 retained right to be
restored to capacity at the earliest possible time, which has no
time limit.

An Inalienable Right is particularly defined as: That which cannot
be given or taken away. Thusly, a person cannot Give their Life away
nor can it be Taken away. Both are crimes, and protections of life
are networked rather thoroughly throughout our Laws and our
Constitution.

Consider this my public Writ of Mandamus to all (with various media
as my witness) who will be receiving this letter, to cease and
desist your acts or omissions which are felony crime statute
violations, which may lead ultimately to this woman's death by your
incompetency, complacency, malfeasance, misfeasance, obedience to
personal or collective agendas, disobedience of mandatory reporting
of abuse, neglect and exploitations. This will require your
proactive efforts in conjunction with other agencies and persons, to
go against those who draw you in and only use you as pawns in a
bigger agenda, by this case, to create a constitutional Right To
Make You Dead. Investigate and prosecute the guilty parties. It is
your obligation to set Theresa on the road to her recovery.

Do your jobs or suffer the consequences in the long run for your
participation in blatant, in your face, felony crimes.

Sincerely,
Juan Schoch / Lake Mary, FL

P.S. I was never issued new CCR#'s per my written complaints (June
3, 2004) and yet you have done nothing but obfuscate that fact. I
find this more than just a little reprehensible and believe it shows
the complete and total incompetence, if not outright obstruction of
justice, by you, your staff, the AHCA Complaint Administration Unit
and others in your agency. It would be smart to stop digging
yourself a hole and get back on the right track.

cc: Jeb Bush, Governor
c/o Christa Calamas, Governor's General Counsel,
Charlie Crist, Attorney General,
Lee Constantine, Senator, District 22,
Derry Harper, Chief Inspector General, Executive Office of Governor,
Dawn Case, Director of Investigations, Executive Office of Governor,
Guy M. Tunnell, Commissioner, Florida Department of Law Enforcement,
Lance Newman, Director, Tampa District Office, Florida Department of
Law Enforcement,
Cynthia Schuler, District Administrator of District 14, Department
of Children and Families,
Bernie McCabe, Pinellas Pasco State Attorney,
Dorene Thomas, Chief of Police, Pinellas Park Police Department,
Sid Klein, Chief of Police, Clearwater Police Department,
Everett Rice, Pinellas County Sheriff,
Carl Whitehead, Special Agent in Charge, FBI Tampa Division,
John L. Wodatch, Chief, Civil Rights Division, Disability Rights
Section, U.S. Department of Justice,

Representatives of House Committees Elder Affairs and Long Term
Care, Family Health, Health Care and Health Services: Rep. Hugh
Gibson / Rep. Dorothy Mindingall / Rep. Tom Anderson / Rep. Joyce
Cusack / Rep. Carole Green / Rep. Richard Machek / Rep. Sheri
McInvale / Rep. John Quinones / Rep. Dave Russell / Rep. Heather
Florentino / Rep. Sandy Adams / Rep. Aaron Bean / Rep. Faye Culp /
Rep. Nancy Detert / Rep. Matt Meadows / Rep. Sandra Murman / Rep.
Nan Rich / Rep. Frank Farkas / Rep. Ed Homan / Rep. Holly Benson /
Rep. Gus Bilirakis / Rep. Marty Bowen / Rep. Susan Bucher / Rep.
Larry Cretul / Rep. Rene Garcia / Rep. Gayle Harrell / Rep. Arthenia
Joyner / Rep. Stan Mayfield / Rep. Dave Murzin / Rep. Joe Negron /
Rep. Ralph Poppell / Rep. Manuel Prieguez / Rep. Julio Robaina /
Rep. Yolly Roberson / Rep. Ray Sansom / Rep. Eleanor Sobel / Rep.
Shelley Vana / Rep. Roger Wishner / Rep. Juan Zapata

Kate O'Beirne, Washington Editor, National Review / David Sommer,
Reporter, Tampa Tribune / Brendan Farrington, Correspondent,
Associated Press / Jim Witters, City Editor, Bradenton Herald / Mike
Vasilinda, Bureau Chief, Capitol News Service / John Lucas, Bureau
Chief, Florida News Network / Marshall Griffin, News Director,
Florida Public Radio / John Baker, Bureau Chief, Florida's Radio
Networks / Rick Flagg, Bureau Chief, Florida Radio News / Jim
Saunders, Bureau Chief, The Florida Times-Union / Paige St. John,
Bureau Chief, Gannett News Service / Marc Caputo, Reporter, The
Miami Herald / Lloyd Dunkelberger, Bureau Chief, New York Times
Florida Newspapers / John Kennedy, Bureau Chief, Orlando Sentinel /
Shirish Date, Bureau Chief, The Palm Beach Post / Lucy Morgan,
Bureau Chief, St. Petersburg Times / Linda Kleindienst, Bureau
Chief, Sun-Sentinel, South Florida / Nancy Cook Lauer, Bureau Chief,
Tallahassee Democrat / David Wasson, Bureau Chief, Tampa Tribune /
Georgia Davis, News Director, WFSU-TV/The Florida Channel / Jim
Lehrer, NewsHour w/, PBS / Diane Sawyer, ABC News / Dan Rather, CBS
News / Larry King, CNN/Atlanta / David Shaw, Media Critic, Los
Angeles Times / Richard S. Newcombe, Creators Syndicate / Reed
Irvine, Chairman, Emeritus, Accuracy in Media

# # #

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