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Prosecutor Reaffirms Governor's Authority Under State Criminal Laws to Prevent Death of Schiavo
US Newswire ^ | March 26, 2005 | Dan Costanzo

Posted on 03/26/2005 8:15:27 PM PST by FairOpinion

To: National Desk, State Desk

Contact: Dan Costanzo of the Thomas More Law Center, 734-827-2001

ANN ARBOR, Mich., March 24 /U.S. Newswire/ -- Former prosecutor of Jack Kevorkian, Richard Thompson, reaffirmed Thursday morning the authority of Florida Governor Jeb Bush to utilize state criminal laws to prevent the death of Terri Schiavo. Pointing to two legal memos prepared by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, which were delivered to Governor Bush in October of 2003, Thompson again urged Bush to launch a formal criminal investigation into the facts surrounding the disability of Schiavo.

Copies of the letters sent to Governor Bush can be viewed at http://www.thomasmore.org

The two letters dated October 15th and 16th point to the constitutional authority of Governor Bush to order the Florida Department of Law Enforcement to investigate violations of criminal laws. The letters cite a number of facts suggesting Terri Schiavo is a victim of domestic abuse and neglect, and may be a victim of domestic violence. Furthermore, the letters point out that officials from the Florida Department of Children and Family Services have the authority to enter the premises where Schiavo is currently being held and remove her if they believe that medical care is necessary to avert a likely risk of death or serious injury.

The October 15 letter concludes that a growing number of facts establish probable cause to "conduct a full criminal investigation of the circumstances surrounding the disability of Ms. Schiavo. To date, the facts of this case have not yet been viewed through the lens of a criminal investigation. Shamefully, the government's investigatory resources have not been brought to bear on discovering the truth in this case."

Speaking Thursday, Thompson once again urged Governor Bush to launch a formal criminal investigation and remove Terri Schiavo from the custody of her current guardian. He further indicated that the consent of Schiavo's guardian is not necessary to obtain custody of Terri. Thompson also offered the assistance of attorneys from the Thomas More Law Center to assist the Governors staff if needed.

The two legal opinions were prepared and delivered to Governor Bush in October of 2003, after Schiavo's feeding tube was removed. Bush through his aides requested the legal counsel at the time, but instead chose to work with the Florida legislature to pass emergency legislation to prevent the death of Schiavo.

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at 734- 827-2001 or visit our website at http://www.thomasmore.org/


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Florida
KEYWORDS: jebbush; lawcenter; pontiuspilate; schiavo; terri; terrischiavo; thomasmore
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I think this is the option that should be taken NOW.

They should be able to get an injunction from another judge (Greere is probate judge only) to keep the "evidence", Terri, from being destroyed.

This could save Terri, and if it's too late, they could keep her body from being crimated, and not allow Michael Schiavo from destroying the evidence.

But it may NOT be too late. Even though it's been over 8 days, a doctor mentioned on FoxNews a few days ago, that based on the fact that Terri is young and had healthy, there is a good chance, she could recover fully to her previous state, even if she has started to suffer kidney failure, it could be reversible.

1 posted on 03/26/2005 8:15:28 PM PST by FairOpinion
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To: AndrewC

What do you think?

Now that all other appeals have been exhausted, I wonder why someone isn't pursuing this approach.

There seems to be enough evidence to file charges, in my opinion.


2 posted on 03/26/2005 8:16:52 PM PST by FairOpinion
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To: FairOpinion

Yes, well JEB got this on Thursday and still has not acted? Seems to me he still won't!


3 posted on 03/26/2005 8:17:12 PM PST by Halls
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To: FairOpinion
I wonder why Jeb hasn't acted on this yet? It seems that he has the authority to do so.
4 posted on 03/26/2005 8:21:16 PM PST by NRA2BFree (Hosea 4:6 My people are destroyed for lack of knowledge ..)
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To: Halls

"Furthermore, the letters point out that officials from the Florida Department of Children and Family Services have the authority to enter the premises where Schiavo is currently being held and remove her if they believe that medical care is necessary to avert a likely risk of death or serious injury."

Greer ruled against allowing them to take Terri into custody.

But I think Michael should be charged in a criminal court, and have a Criminal Court Judge issue an injunction to preserve the evidence. Charge MS with attempted murder.


5 posted on 03/26/2005 8:21:49 PM PST by FairOpinion
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To: FairOpinion

They are giving her morphine now.. probably quite a bit to "ease her pain"....GEE DIDN"T THEY SAY SHE COULDN"T FEEL PAIN BECAUSE SHE WAS PVS??????

But unfortunately it's probably too late.. Jeb just doesn't get it.. and doesn't want to get it.. he's a coward plain and simple.. and I frankly don't care who doesn't like it.. it's true.


6 posted on 03/26/2005 8:22:47 PM PST by Awestruck (Yes, prayer does help and it is important~!)
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To: Halls

It will take a Man of Greatness; guess Jeb is just a man.


7 posted on 03/26/2005 8:23:05 PM PST by starsandstrips
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To: FairOpinion
Seems Jeb's new theme song should be "The coward of the state" played to the tune "Coward of the county"
8 posted on 03/26/2005 8:23:21 PM PST by historyb
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To: NRA2BFree

"Thompson also offered the assistance of attorneys from the Thomas More Law Center to assist the Governors staff if needed. "



They even offered to help.




9 posted on 03/26/2005 8:23:50 PM PST by FairOpinion
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To: NRA2BFree
I wonder why Jeb hasn't acted on this yet? It seems that he has the authority to do so.

This guy had the authority, too...



Starve her! Starve her! We have no king but Greer!
10 posted on 03/26/2005 8:26:17 PM PST by Antoninus (In hoc signo, vinces †)
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To: FairOpinion

I agree. Executive power is vested in the executive. I do not believe that a judge can tell a chief executive not to use his power. For instance, at the federal level, only the legislature can remove it with his consent unless they can override his veto. As I said considering the power to pardon, where has anybody prevented a chief executive from using plenary power.


11 posted on 03/26/2005 8:28:05 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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To: FairOpinion

I've already given up on Jeb having any b***s.


12 posted on 03/26/2005 8:29:12 PM PST by Luke Skyfreeper
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Comment #13 Removed by Moderator

To: Halls
Option already taken. Jeb DID ACT, but Judge Greer blocked him and stripped him of his authority. Judge Greer is empowered to do so because as a judge, he is superior to the Governor and has the power to issue orders to the governor. There was a time when the Judiciary was just one of three branches of government; now they are the supreme power of law, and they rule by fear.
14 posted on 03/26/2005 8:29:40 PM PST by dufekin (United States of America: a judicial tyranny, not a federal republic)
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To: FairOpinion

I understand that the Judge would be Judge George Greer, who surely shall find him (and himself) innocent.


15 posted on 03/26/2005 8:30:35 PM PST by dufekin (United States of America: a judicial tyranny, not a federal republic)
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To: All

Here is something that details the specifics of the laws broken.

Jeb tried to act through the DCF, but they should go to a criminal court. Get a DA to get involved.

Very Good Reasons To Remove Michael Schiavo and Open a Criminal Investigation

http://www.libertytothecaptives.net/michael_schiavo_remove_criminal_investigation.html


16 posted on 03/26/2005 8:32:38 PM PST by FairOpinion
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To: NRA2BFree
I wonder why Jeb hasn't acted on this yet?

Because, despite the pretense, Jeb is 100% behind Terry's murder. I don't know his motives; but his inaction speaks loudly and clearly.
17 posted on 03/26/2005 8:32:44 PM PST by ARCADIA (Abuse of power comes as no surprise)
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To: FairOpinion
But I think Michael should be charged in a criminal court, and have a Criminal Court Judge issue an injunction to preserve the evidence. Charge MS with attempted murder.

Isn't a grand jury required to charge him and is there time for that?

18 posted on 03/26/2005 8:32:44 PM PST by rapture-me
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To: FairOpinion

You're basing your appeal on the mistaken notion that Jeb Bush actually is a co-equal in the Florida system ... and judge Greer has shown all that Jeb is not. Jeb has the mind of a turtle and the heart of a mouse. He is polite though: he asked permission from the executioner to remove the victim from the executioner's grasp ... of course he was bitchslapped for it and sat down like a good boy.


19 posted on 03/26/2005 8:34:09 PM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: dufekin

Judge Greer is only a probate judge, I think it would be someone else who would preside over a criminal case, that's why it may have a chance.

Also, as I said in my first post, I was surprised, but I can believe what a doctor, a specialist in end of the life care said, that even if Terri is starting to suffer kidney faillure, it would likely be reversible -- the interviewer specifically asked him that.

Terri could STILL be saved.


20 posted on 03/26/2005 8:34:39 PM PST by FairOpinion
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