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How the Schiavo Federal Court Case Might Have Been Won(Long article worth the read)
FindLaw's Writ ^ | Saturday, Mar. 26, 2005 | By MICHAEL C. DORF

Posted on 03/28/2005 11:20:36 AM PST by fight_truth_decay

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To: Hildy

How do you justify when we bomb countries, murdering innocents?


Were you in coma at the time of 9/11-2001???


61 posted on 03/28/2005 12:36:22 PM PST by danamco
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To: UCANSEE2
Unfortunately, the Schindlers did not have the amount of money the attorney demanded as a retainer to take the case. That attorney then became the judge in the case-----a totally prohibited conflict of interest.

No money? Maybe this is why!

"They met in the Philadelphia suburbs, where Ms. Schiavo and Michael Schiavo spent their childhoods and married in 1984, barely past adolescence. The couple relied on the generosity of her parents, Robert and Mary Schindler, first living in their basement in Pennsylvania, then moving to a condominium here that Mr. Schindler bought when he sold his heavy equipment business."

"The Schindlers followed the couple to this sunny coastal city, and though they did not see Mr. Schiavo often - he was working long hours at beachside restaurants - they had no problem with him. He called them Mom and Dad. They paid their daughter and son in-law's rent."

"In recent years, the Schindlers have also described Mr. Schiavo as a controlling husband who would keep track of the mileage on his wife's car, lash out at her for spending money and hound her to stay thin. They have said that the couple fought in the months before Ms. Schiavo's collapse and that Mr. Schiavo was, perhaps, harming his wife."

NYT

The Schindlers also claim they never received notice of Michael Schivo's guardianship intent(petition?) or success in receiving this "power" over Terri.

However there is the question: Who monitors the guardian to ensure that he or she does not take advantage of the ward?

"A guardian is required to submit periodic reports regarding the condition of the ward and/or the ward's assets. The Clerk's Office is responsible for the initial review of these reports. After the reports are audited by the clerk, they are taken to the general master for review, then to the presiding judge. If it appears that the guardian is not performing his or her duties properly, the court will take the necessary steps to protect the ward and/or the ward?s assets."

Florida Guardianship Questions

62 posted on 03/28/2005 12:39:51 PM PST by fight_truth_decay
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To: Bluegrass Conservative
Where was the foremost "right-to-life" constitutional lawyer?

In front of the cameras clamoring for attention?


I heard last week one of the foremost "right-to-life" attorney, Jay Seculow, expressing "bad lawyering" representing the Schindler, unfortunately!!!
63 posted on 03/28/2005 12:40:10 PM PST by danamco
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To: fight_truth_decay

...bump for later read.


64 posted on 03/28/2005 12:41:05 PM PST by carl in alaska (When guns are outlawed only outlaws will have guns.)
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To: agrace

About Sekolow and other top lawyers--maybe they took a look at it and thought the case has already been lost and didn't want the ultimate loss on his/her watch. Sekolow was saying privately last Monday that Terri was "dead". Of course, this was after the Schindlers had filed that inartfully drafted complaint before the federal court.


65 posted on 03/28/2005 12:41:41 PM PST by Pinetop
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To: agrace
More on Cranford, from a search:

When Minnesota policeman Sgt. David Mack was shot in the line of duty in 1979, Dr. Ronald Cranford diagnosed his patient as being in a "persistent vegetative state," never to regain "cognitive, sapient functioning." Dr. Cranford was ready to end his patient's life, but 20 months after the shooting, Sgt. Mack regained consciousness and nearly all of his mental ability.

Source

In 1989, a group of physicians published a report in the New England Journal of Medicine in which they concluded that it would be morally acceptable for doctors to give patients suicide information and a prescription for deadly drugs so they can kill themselves. Dr. Ronald Cranford, one of the authors of the report, publicly acknowledged that this is "the same as killing the patient."

Source

In recent years, medical ethics and the law have been twisted in frightening ways. Food and water have been reclassified as "medical treatments" if they’re administered "artificially." Dr. Ronald Cranford has even testified in court that spoon-feeding may be classed as "artificial," presumably because helping people to eat is somehow unnatural. < /snip>

Dr. Ronald Cranford was a member of the board of the former Euthanasia Society of America, which eventually merged with Partnership for Caring. Partnership for Caring lists Mary Labyak as a current member of their Board of Directors; she is also the CEO of the hospice where Terri Schiavo lives. Both George Felos and Barbara Sheen Todd have served on the Board of Directors for that same hospice; Mr. Felos was in fact the Chairman of the Board until Terri Schiavo was moved there. Mrs. Todd serves as a Pinellas County commissioner. Judge George Greer served with her for eight years; it is he who has ordered Terri Schiavo’s feeding tube removed. He also appointed a supposedly "neutral" neurologist, Dr. Peter Bambakidis of Ohio, to break the tie between doctors who disagreed about Terri’s diagnosis. Dr. Bambakidis had never before testified in a case like Terri’s, but his brother and George Felos have both served as officers in the American Hellenic Education Progressive Association.< snip >

Dr. Cranford has been an instrumental force in redefining the determination of death. Death was once defined as the time when the heart permanently stopped beating. Through Dr. Cranford’s activism, it was changed to coincide with the cessation of brain waves. The motivation for this redefinition was so that human organs would survive the death of the patient and be available for transplant.

Source

"One of the two neurologists Felos solicited to give expert testimony in last week's trial, Dr. Ronald Cranford, is a bioethicist and renowned proponent of euthanasia. Cranford calls himself, "Dr. Humane Death." According to the staff directory for the University of Minnesota Medical School, "Dr. Cranford has specialized in the field of clinical ethics since the early 1970s. During this time, he served as a consultant to several national commissions on right-to-die issues." Dr. Cranford is a familiar face at right-to-die trials across the country. He authored a portion of a book titled "Intended Death: The Ethics of Assisted Suicide and Euthanasia." His section deals with the "physician's role in killing and the intentional withdrawal of treatment."

Source

Cranford is a member of the board of directors of the Choice in Dying Society, which promotes doctor-assisted suicide and euthanasia. He was also a featured speaker at the 1992 national conference of the Hemlock Society. The group recently changed its name to End of Life Choices.

In 1997, Cranford wrote an opinion piece in the Minneapolis Star Tribune titled: "When a feeding tube borders on barbaric." "Just a few decades ago cases of brain death, vegetative state, and locked-in syndrome were rare," he wrote. "These days, medicine's 'therapeutic triumphs' have made these neurologic conditions rather frequent. For all its power to restore life and health, we now realize, modern medicine also has great potential for prolonging a dehumanizing existence for the patient."

He explained that while landmark legal cases like those of Karen Ann Quinlan and Nancy Cruzan demonstrated it was "sensible to stop treatment in patients lingering in permanent vegetative states," it was now time to look beyond those cases.

"The United States has thousands or tens of thousands of patients in vegetative states; nobody knows for sure exactly how many," he wrote. "But before long, this country will have several million patients with Alzheimer's dementia. The challenges and costs of maintaining vegetative state patients will pale in comparison to the problems presented by Alzheimer's disease." The answer, he suggested, was physician-assisted suicide.

Source

66 posted on 03/28/2005 12:45:40 PM PST by ravingnutter
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To: fight_truth_decay

Does anyone know why Michael Schiavo went to court initially to gain legal guardianship? Did he precipitate this on his own or did insurance/Florida law demand that a guardian be named?

Who initiated the legal guardianship of Terri Schiavo?


67 posted on 03/28/2005 12:46:08 PM PST by Bryan24
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To: Rodentking
What it boiled down to is that Terri's lawyers did not say "Please" pretty enough, Terri married a deatheater, got judged by a deatheater, and now will die.


With Terri's hundreds-K$$$ in malpractice award money, the deatheater was able to "out-fox" the Schindlers and getting their daughter to the guillotine!!!
68 posted on 03/28/2005 12:46:39 PM PST by danamco
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To: Rodentking
What it boiled down to is that Terri's lawyers did not say "Please" pretty enough, Terri married a deatheater, got judged by a deatheater, and now will die.


With Terri's hundreds-K$$$ in malpractice award money, the deatheater was able to "out-fox" the Schindlers in getting their daughter to the guillotine!!!
69 posted on 03/28/2005 12:47:20 PM PST by danamco
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To: danamco

So it's ok to murder innocents as retiation?


70 posted on 03/28/2005 12:49:07 PM PST by Hildy
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To: danamco

So it's ok to murder innocents as retaliation?


71 posted on 03/28/2005 12:49:17 PM PST by Hildy
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To: danamco

Another way of looking at it is MS used the money from the malpractice to fulfill his wife's wishes. Neither one of us was there, so both our opinions are that, just opinions.


72 posted on 03/28/2005 12:50:35 PM PST by Hildy
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To: ContemptofCourt

Even the most bureacratic mind should cringe at the import of that excuse: "It's not my job, so her let die."

I'm guessing you're either (a) a law student or (b) a very young lawyer, who has yet to be introduced to the realities of our legal system.


73 posted on 03/28/2005 12:51:46 PM PST by mikeus_maximus
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To: PeanutbutterandJellybean

Should of, would of, could of... Monday Morning Quarterbacking doesn't do Terri Schiavo any good. What can be done now while she is still with us? Can any investigations be brought up against Michael Schiavo? We should be concentrating on what can make a difference for the here and now.


03.27.05

Law Enforcement Officers Tell Bush to Open Criminal Investigation In Schiavo Case

Officer Jack McLamb (ret), the highest decorated police officer in the history of Phoenix, AZ, has joined with active and retired law enforcement officers asking Florida’s Gov. Jeb Bush to open a criminal investigation in the case of Terri Schindler-Schiavo, the disabled Florida woman who probate judge George W. Greer has sentenced to death by starvation and dehydration because she uses a feeding tube.

McLamb is founder of the American Citizens and Lawmen’s Association (ACLA), publisher of Aid and Abet Police and Military Newsletter. He is a former hostage negotiator for the FBI.

His letter to Gov. Bush follows:


Dear Governor Bush,

We active and retired, law enforcement police investigators, after reviewing the facts, evidence, witness statements, and investigative leads, in the Terri
Schiavo case have come to the determination that there must be a criminal investigation into the Schiavo case.

Our examination have caused we professional police investigators, to determine that there is evidence, witness statements (medical professionals and others)
that point to the strong probability that the victim/witness Terri Schiavo was violently attacked on the day of her injuries and this is likely what caused her disability. There are medical professionals who substantiate that Mrs. Schiavo was strangled and the blood was cut off to her brain for at least 4 to 5 minutes causing her brain damage. X-rays show that she received broken bones and other injuries on or around the same time as her alleged health problem on the day in question.

Testimony of witnesses state her husband Mr. Schiavo, even though being a trained nurse and did not start CPR at the scene of his wife's collapse. The emergency personal started CPR after they arrived which was some time after the "injuries" occurred.

We have assessed the person of Mr. Schiavo thought the witness statements of professional medical personal who have come in contact with him. Most of these witnesses have had contact with him in the medical or Hospice environment where his wife has been warehoused over the last decade. We say "warehoused" after much research into the total lack of rehab and medical treatment for
health problems such as infections, which he had demanded of the medical staff in each of these facilities.

Additionally, a true detriment to any criminal investigation conducted after Mrs. Schiavo dies, is that Mr. Schiavo has scheduled a cremation of her body
immediately after her death.

Governor Bush, we are concerned that the best evidence, witness statements, in any criminal investigation into alleged criminal attempted murder, capital assault and continued abuse, will die with Mrs. Schiavo. We also believe this is why Mr. Schiavo has had to turn down millions of dollars from donors, if he would but place Mrs. Schiavo's care into the hands of her family because of his concern that she may live and tell what happened to her on that fateful day. According to witnesses who spent months with Mrs. Schiavo, she could and did communicate with them during their duty hours at the Hospice centers.
Mr. Schiavo told these medical professionals he was wanting her to die. He also would cuss and say "Isn't that Bitch dead yet" and other words of disdain for his wife.

As you have heard, several professional medical nurses state that Mrs. Schiavo also ate and drank liquids during their tour of duty.

Governor Bush, this means that Mrs. Schiavo could be a witness to any possible crimes committed against her. Of course this will not be an option if she dies in the next hours. Our police investigators have read the witness statement of another professional medical staff member who said that on at least two occasions she and others believes that Mr. Schiavo tried to kill his wife while
he was in her room with the doors closed. These witnesses and investigative leads must be interviewed.

Governor Bush, we do not know what a full investigation into this case will determine, except we can be certain that more facts and evidence, will be discovered. But, one thing we are certain of, we police investigators need a
hero at this time to save the life of the prime witness and possible victim in this case. We are asking you to be that hero.

You do have the jurisdiction and power to start a criminal investigation into this case and suspend the death sentence of the prime witness.

Governor Bush, this is off subject, but it is a subject we lawmen know something about and we wish to share this with you. In the life of a man there are a few times when he is called on by the people to do something heroic. As you know, because of fear, most people pass up those very few opportunities to do what is right and be a hero of the people. This is why we see so few Americans in the
history books.

We don't have to tell you historically (even recent history) of men in high office who have answered the call to be a hero of the people. Yes, very few. But, some were governors who went on to gain higher office because of the
people's love and support for that heroic figure.

Governor Bush, do you know that the Pope and the Vatican have mentioned Mrs.Schiavo's terrible crucifixion here in this Easter week with her mother Mary nearby, and some Priests have now begun to reference it to the crucifixion
of a innocent man Jesus Christ, while His mother (Mary) stood nearby in anguish. Remember, Terri is a catholic and so is her family. You can be assured that most Catholics are going to side with the Pope.

Governor, very large Protestant organizations are on the side of saving Mrs. Schiavo's life until further tests can be accomplished and she can have real rehab to see if she can improve.

We have a letter of a very large national Jewish organization that wants Mrs. Schiavo saved. We can make all this available to you and your staff. But, Mrs. Shiavo's website has most of this material on it at www.terrisfight.org.

What we law enforcement officers wish to point out to you is that we professional investigators have our reasons to save this woman's life, i.e. we because she is a very important witness and the possible victim of a capitol
crime, but the world has heard of this case at this time. We even have a news article from a big Russia publication about American politicians letting a innocent women starve to death.

Governor Bush, the world and certainly most Americans want a hero today....this hour. The person who saves Mrs. Schiavo's life and gives her due process and a chance to tell her story of what actually happened to her will go down in history books. It is also true that after the books come out, and this story gets out about the facts, evidence of the conspiracy of government against this
innocent young women.... the people who allow her to die will also go down in history. It will mean the downfall of some in high places for their not wanting to step up and do their duty to protect the people and bring to justice
those who were the possible suspects in her demise.

Sir, I know that we are only law enforcement officers, but doubt us not, collectively we have been around a long time and know what we are talking about. There are already those in Hollywood who we know that are interested in the evidence and witness's into Terri Schiavo's side of this story.

Mel Gibson has issued a public letter on his own stationary to have our government leaders save her life. Some of our police association members are in contact with him and his family.

Governor, you are a good man. You could be a great man. There is no question this is a international situation and a heart warmer for any hero who steps forward to save this innocent, who "Pontious Pilate" (government leaders) has washed his hands of....here in this Easter week.

We police investigators look at all criminal cases as ...."does this case have jury appeal". Dear Governor, if any case has it.... this case has jury (massive public appeal).

Not only do you have the law on your side (one example - Judge Greer violated three state of Florida statutes in not defending Mrs. Schiavo as a disabled person when he pulled the tube of Mrs. Schiavo) ...we have the State Statutes, ....but you have Thomas Jefferson and Andrew Jackson and other great leaders on your side. These great men and others, on numerous occasions, have stated that
the three areas of government, Executive, Judicial and Legislative, are to be separate and equal. You have publicly taken a lower and subordinate position to the judiciary - when this is not the case.

We criminal police investigators (and your Florida State Police) offer you a sound reason to be the people's hero and stop this young woman's horrible death thought dehydration, i.e.... THERE MUST BE A CRIMINAL INVESTIGATION INTO THIS CASE BEFORE THE PRIME WITNESS DIES! There are too many unanswered questions! Some of them may be criminal!

Governor Bush, you have your future before you, however some of that future may be linked to a young innocent who will die on your watch in the next few hours or days.

We believe in you, and we, along with millions of Americans, pray you will do the right thing, save a life, secure your witness... and be the people's hero.
We need a hero today.

Thank you for your efforts on behalf of all the people, even the weak and disabled.

Very sincerely,
Law officer Jack McLamb, Ret.
President of the American Citizens & Lawmen Association.












74 posted on 03/28/2005 12:53:57 PM PST by danamco
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To: nmh

um, hello?! The blame belongs with the creep Michael Skeevo, his creep attorney and the creep judge. That is IT.


75 posted on 03/28/2005 12:58:23 PM PST by Fudd Fan (MaryJo Kopechne needed an "exit strategy")
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To: mikeus_maximus

Umm, not quite.


76 posted on 03/28/2005 1:00:26 PM PST by ContemptofCourt
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To: Bryan24

It was stated Michael went for the petition..in another post here, I tried to touch on that briefly..saying the parents said they were never notified and he never discussed it with them when in their presence.

Reseached some here:

http://hyscience.typepad.com/hyscience/2005/02/michael_schiavo_1.html

http://www.hospicepatients.org/terri-schindler-schiavo-docs-links-page.html


77 posted on 03/28/2005 1:01:24 PM PST by fight_truth_decay
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To: agrace

Isn't Jay Sekulow, Randall Terry's attorney, or at least has represented him in the past? Not the Schindlers (unless I'm wrong about that).


78 posted on 03/28/2005 1:01:53 PM PST by Fudd Fan (MaryJo Kopechne needed an "exit strategy")
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To: nmh
It was the Shindler lawyers that gave Terri the death sentence through their sheer incompetence.

You have that right -- their pleading is something a first year law student wouldn't turn in. Having Randall Terry anywhere near this was a huge mistake along with Klayman IMHO!

79 posted on 03/28/2005 1:06:48 PM PST by PhiKapMom (AOII Mom -- Increase Republicans in Congress in 2006!)
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To: Hildy
So it's ok to murder innocents as retiation?

Hey Hildy (Hillery???)
Retiation??? Couldn't find the word in Webster's!?!
80 posted on 03/28/2005 1:07:18 PM PST by danamco
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