Bob and
Mary Schindler plan to file a motion today that asks the U.S. District
Court in Tampa to stop their son-in-law from removing life support and
force a circuit judge to hold a new trial.
http://www.terrisfight.org/lead.htm
Here is the latest information
available on the Terri Schindler-Schiavo case.
Terri
Schiavo wants to live
Mary Schindler, Terri's mother (photo: Gary
McCullough, Christian Communication Network).
Robert Schindler speaks to reporters
outside hospice (photo: Gary McCullough, Christian Communication Network).
Secret therapy given to disabled woman who starts judge-ordered starvation
today Oct 15, 2003
Terri Schindler-Schiavo does not want to die. She would like to go
home. And she tried to convey this to her father in no uncertain terms by
sitting bolt upright and trying to get out of her chair when told she
might be killed, her family has revealed.
The stunning news was released yesterday afternoon by Terri's father,
Robert Schindler, at the 'round-the-clock vigil outside the Woodside
Hospice facility in Pinellas Park, Fla., where his daughter's
court-ordered death by starvation is scheduled to begin today at 2 p.m.
Eastern. At that time, her husband and legal guardian Michael Schiavo is
scheduled to give the order to disconnect the 39-year-old brain-disabled
woman's feeding tube that has provided her with sustenance for the past 13
years.
In an interview a few hours earlier, Schindler described the incident
to WorldNetDaily. He said he was holding a cell phone to Terri's ear as
she listened intently to the speaker, propped in her jerry-chair at about
a 30-degree angle. Suddenly she sat up straight and tried to get out of
her chair, despite her weak legs and muscles that were slack from lack of
exercise.
His daughter's response stunned Schindler, who grabbed the phone and
asked, "My God, what did you tell her?"
The speaker said he had warned, "If you don't get up and get out of
there, you're going to die there."
"He was ecstatic when I told him what Terri had tried to do," Schindler
said.
And
so was Schindler. It was part of a covert rehabilitation program the
desperate father and Galaxy Wave Group
– a therapeutic company on the cutting-edge of medical technology –
devised for Terri in a bold attempt to bring her to a point of recovery
where even Florida judges would realize they could not allow her to be
starved.
Beginning in late November last year and continuing until the end of
February, Terri received daily, hour-long therapy sessions by telephone
with company president Dr. Joe Champion or one of his therapists.
While Schindler held the phone to his daughter's ear, they would talk
with her, giving her instructions and tasks: move your left arm, move your
hand, and so on.
"We started right around Thanksgiving," Schindler recalled. "The first
day Dr. Champion listened to the sounds she was making and said he felt it
wouldn't be long before she was talking. That was the objective."
The therapy sessions lasted through February, but were interrupted by
bouts of flu and other illnesses. One particularly severe illness caused
her to relapse.
The "tough love" of telling Terri what lies in store for her was tried
several times to stimulate her to work hard.
In a signed affidavit read at the press conference Champion described
one of the sessions.
"In December of 2002, I confronted Ms. Schindler with the 'truth' and
told her that unless she helped me in returning her from the comatose
state that she was in that she was going to die a horrid death," he wrote.
"I explained in detail that they would remove the single tube that was
providing her nutrition and she would slowly die of starvation. At this
point, it was reported by her father that
she sat up in bed and became
teary eyed."
That Terri understands her own mortality and reacts so strongly when
threatened runs counter to the official notion that she is oblivious to
her surroundings and will not even know she is being dehydrated and
starved to death.
Shiavo's attorney, George Felos, a well-known "right-to-die" advocate,
said the claims of improvement that the Schindlers have been making in the
last few weeks are impossible.
"There is no cognition, no consciousness," he told the Tampa Tribune.
He further explained why no effort was made to spoon-feed her.
"She simply does not have the ability to take food or water by mouth,"
he said. "If they tried that, she would aspirate it and suffer an
infection that would likely prove fatal."
To corroborate Schindler's account and for further details,
WorldNetDaily contacted the person who worked with Terri via telephone. He
agreed to be interviewed, but requested his name not be used.
According to "Mr. Smith," Terri was able to move her hand, her arm, her
leg on command. She couldn't speak, but she followed instructions.
"The bottom line is she is not vegetative, the way the husband and the
side the court has gone with want to portray her," Smith said. "She
definitely has some brain damage and severe problems, but she is not a
vegetable."
"The problem for Terri is that she can do things, but not on a
consistent basis. One day she couldn't, another day she couldn't or
wouldn't," he explained. "I can't tell you the reasons, but Terri has her
good days and bad days. On a good day she can respond appropriately with
no problems. She understands."
Some days are extremely good –
like the day she tried to get out of her
chair.
"The way Bob [Schindler] described it to you is exactly correct," Smith
said. "She just about got out of that chair."
As he tells it: "I was telling her she has to work with us. I couldn't
tell you my exact words now; it's been a year. But I was explaining to her
that she needed to work with me, that if we could get her to the point to
where she could prove to people that she understood, she could get out of
there and go home with her parents. I was explaining to her that she had
to work with us and respond or they were going to let her die. That's when
she tried to get out of the chair."
Smith said they stopped the sessions when he had to leave the area for
a couple of months and were not resumed on his return.
It is clear to Schindler that the therapy was working, but until now he
has not wanted to talk about it. He could not even bring it up in court as
evidence, because it possibly violated a court order.
The Schindlers had reason to suspect that their efforts to help Terri
would not be appreciated and that Schiavo might even obtain a court order
banning them from her room, as he had done in the past. At one point, he
banned Terri's brother and sister from her room for five months simply
because they asked the nurse to try and give her some pudding. But there
were other instances.
At the initial trial in January 2000, the Schindlers' attorney at the
time, Pamela Campbell, introduced into evidence a video of Terri made by a
friend of her sister, Suzanne Schindler. It was shown on television news,
and three doctors who saw it contacted Robert Schindler saying that they
did not believe his daughter was in a persistent vegetative state, but
that they wanted to examine her to be sure.
Schindler said he took each of them into her room, and they tested her
reactions to stimuli. They found she was definitely not in a persistent
vegetative state, that she was cognizant and could recognize her family,
because when she saw members of her family she would smile and showed
signs of recognition.
All three said they believed Terri had the ability to swallow because
she was not drooling. The affidavits were sent to probate Judge George
Greer requesting him to allow a swallowing test, which he summarily
denied.
Greer accepted the affidavits but did not change his mind.
Schiavo was furious that a video had been made of Terri and doctors had
been taken to visit her. In response to his demands, Greer issued an order
banning further videotaping and any still photography, and a list of
"approved" visitors was drawn up. The list was relatively long – over 40
names – but there was a catch. Visitors could only see Terri if
accompanied by a family member. This meant even Terri's priest, Monsignor
Thaddeus Malanowski, did not have normal access to her.
Schiavo and attorney Felos decided that greater controls were needed.
In April 2000, they moved Terri surreptitiously from the nursing home that
had been her home for six years to the Hospice of the Florida Sun Coast, a
place intended for people in the last stages of an illness.
Regulations generally prohibit a hospice from taking a patient who is
not terminally ill and expected to live longer than six months to a year.
But Felos was chairman of the board of directors of the hospice and was
able to arrange for her admission. He resigned his position shortly
thereafter.
A year later, in April 2001, her death by dehydration was ordered to
begin, and the day her feeding was stopped her brother and sister came by
with a spoon and a cup of pudding, asking a nurse to try to feed her by
mouth. The nurse refused and reported the request to others. When Schiavo
found out he demanded that Bobby and Suzanne be removed from the list of
approved visitors, and Greer rubberstamped his request.
"We were trying to play by the rules," Bobby told WorldNetDaily. "But
that didn't matter. We were kicked off the list anyway."
Terri was 60 hours without food or water before a different judge
issued an emergency stay because new evidence had come to light, and her
feeding was resumed.
The evidence was strong enough for a stay, but not strong enough to end
Schiavo's efforts. A series of appeals followed, and in November 2001, the
2nd District Court of Appeals ordered an evidentiary hearing held in the
fall of 2002.
Five months following their banishment from the Hospice, Bobby and
Suzanne Schindler had their visiting rights restored, but only on
condition that they not attempt any spoon-feeding.
"I don't want anyone trying to feed that girl," Greer thundered.
Greer did not specifically place audio-taping and therapy-by-telephone
on the list of banned activities, but experience had taught the Schindler
family that it was best to keep such efforts to themselves rather than run
the risk of angering Schiavo and having their visiting rights suspended.
As WorldNetDaily reported, the Schindlers have been fighting with their
son-in-law for 10 years over the lack of care and therapy Schiavo provided
for their daughter, who suffered massive brain damage when she collapsed
at her home 13 years ago under mysterious circumstances at the age of 26.
The contentious family dispute escalated into a major euthanasia battle
in May 1998, when Schiavo petitioned the Florida courts for permission to
end his wife's life by disconnecting her feeding tube, insisting she is in
a "persistent vegetative state" and that in casual conversations she had
told him she would not want to be kept alive "artificially."
Although
Terri breathes on her on and maintains her own blood pressure, she
requires a simple tube into her abdomen to her stomach for nourishment and
hydration.
Although Terri's parents and siblings have claimed for years that she
recognizes them and tries to talk, and over a dozen prominent doctors and
therapists have stated under oath that she is not in a persistent
vegetative state and with therapy could be rehabilitated, a handful of
doctors have testified she is "vegetative." They claim her expressions and
vocalizations are simply reflex actions and she will never regain
consciousness. Despite a scarcity of expert testimony and evidence for
Schiavo's position, the Florida courts have consistently sided with him
and Felos.
When the seven-member Florida Supreme Court in August turned down a
petition by the Schindlers to review the case, the way was clear for
Schiavo to order his wife starved to death.
On Sept. 17, Greer, of the Pinellas-Pasco Circuit Court, scheduled Oct.
15, today, as the day Terri's feeding tube would be removed.
Operation Rescue founder Randall Terry is coordinating the vigil. He
advises anyone who wants to help Terri to telephone Gov. Jeb Bush and urge
him to instruct the Department of Children and Families, which enforces
standards of hospice care, to do their own investigation to see if she has
been getting proper care and rehabilitation.
"Which we know she has not and will not if they take her tube away,"
said Terry. "And when they find she has not, then Bush can order them to
assume guardianship. They must take the guardianship away from the
husband."
Jeb Bush's e-mail is jeb@jeb.org . His
telephone is (850) 488-4441.
Legal documents and information on Terri's fight for life are posted on
the family's website.
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=35083
COURT ORDERS?
A Deathrow serial-killer
can receive Lethal Injection. (instant death)
Terri an innocent 39
yr old lady receives death by starvation/torture!
Michael
Schiavo's
lawyer George Felos , and the Occult
Times photos: Scott Keeler]
Lawyer George Felos practices yoga at his Dunedin home to help him cope
with the stresses of cases such as that of Terri Schiavo. Felos represents
her husband, Michael Schiavo, in his efforts to have her feeding tube
removed.
The spirit and the law
http://www.sptimes.com/News/052501/Floridian/The_spirit_and_the_la.shtml
MORE:
http://www.bluedolphinpublishing.com/Felos.htm
TERRI SCHIAVO TO DIE IN
ATTORNEY'S "DEATH FACTORY"? SUNCOAST HOSPICE BOSS WAS GEORGE FELOS...
http://becki-snow.blogspot.com/
It reads like fiction, but it parallels the story of Michael Schiavo (the
Man), Terri Schiavo (his Wife), and George J. Felos (the Lawyer/Board
Member/Past Board Member of "The Hospice") - and unless some brave soul
intervenes, it will end with the murder of Terri Schiavo.
Terri Schiavo, an incapacitated but warmly responsive young woman, is in the
care of "The Hospice of the Florida Suncoast" ("Hospice House Woodside") at
300 East Bay Drive, Largo, Florida. But unknown to her advocates, all of
Terri's medical care has been influenced by a Past Chairman of the Hospice's
Board of Directors - George J. Felos, attorney for Michael Schiavo, and
self-described "right-to-die" advocate.
Many of the Hospice nurses, volunteers, and doctors who are charged with the
care, feeding, and unbiased medical evaluation of Terri Schiavo worked for
George J. Felos, a man who has publically proclaimed that Terri must die.
The death Felos has prescribed for Terri starts with a ban on all but the
most basic physical care - the once beautiful woman rots in her "Hospice of
the Florida Suncoast" bed; Terri's advocates claim her teeth are unbrushed,
her nails untrimmed, her infections untreated. This was not always the case
- even after her brain injury, Terri's parents, Bob and Mary Schindler, kept
her groomed and pretty. Terri was even starting to speak again - words like
"yes" "no" and "stop that" - but that was before Michael Schiavo hired
George Felos to help his wife "die with dignity". Now, Terri's parents have
been safely removed so as to avoid "false hope". All media and medical
access is tightly controlled by Micheal Schiavo and Felos; in response,
Terri has at last physically and mentally degenerated to the level where she
may be exterminated by polite society.
Terri's slow death will grind down to a brutal, final starvation, executed
at Felos' request on Jan 3, 2003. Upon Terri's death, several hundred
thousand dollars that were earmarked for Terri's long-term care and therapy
will finally be released to her husband Michael Schiavo, his new lover and
their baby, to his attorney George Felos, and quite possibly in turn to the
Hospice itself. It is unknown if Felos would advocate quick death for
hospice patients who do not have large sums of money lubricating their exit
from life; evidently the Hospice has not been forthcoming with clients in
regard to George Felos' true role at the Hospice.
"The Hospice of The Florida Suncoast" has kept this information largely out
of the public eye, but an investigation of the Hospice's annual reports
reveals a new twist in the case of Terri Schiavo: George J. Felos was the
official but unseen hand of the Hospice - and he advocates death for those
in his care.
Neither George Felos nor "The Hospice of the Florida Suncoast" have openly
disclosed the facts of Terri Schiavo's case to Terri's many advocates - that
from February 13, 1997 until at least April 26, 2001, George J. Felos was
listed as a member or recent member of the Board of Directors for "The
Hospice of The Florida Suncoast" on the non-profit's annual reports.
Certainly one would hope that if the true role George Felos had been
revealed in court, Judge George Greer would have made a much different
ruling concerning Terri Schiavo's fate. Without knowledge of this conflict
of interest, the Sixth Circuit Judge would be forgiven if he seemed to
believe that such a noble institution as hospice - caring compassionately
for the dying - could be trusted to make an unbiased report regarding Terri
Schiavo's medical condition and with her care. With the information
regarding this conflict of interest, the courts will be remiss to believe
any evidence that Felos OR his "Hospice of The Florida Suncoast" might
proffer in reference to Terri. Considering this new evidence, it is the
opinion of this writer that the courts of Florida would be complicit in
Felos' duplicity should they not review this ruling.
Conversely, if Felos' chairmanship at the Hospice was indeed known to the
courts during the trial, it would have been imperative that the court make
this information known to the opposing council, Terri Schiavo's parents, and
to the public. Suppression of information regarding the Hospice and Felos'
conflict of interest would destroy the integrity of this court, considering
that Judge Greer himself was declared by the court to be Terri's guardian ad
litem by default. The guardian ad litem is required to act in the best
interest of Terri Schiavo - not in the best interests of Mike Schiavo, the
Schindlers, Attorney Felos or the Hospice. In the minds of many, no honest
court could defensibly argue that Terri's best interests would be served by
lawyers, individuals or entities who stand to profit from her death.
This information regarding lack of disclosure of conflict of interest by
Felos and "The Hospice of the Florida Suncoast" should warrant appeal of the
Court's Nov. 22 ruling, and should spur a call for further investigation
into other cases of conflict of interest concerning the Hospice and Felos.
The court's Nov. 22 ruling is based in part on medical information taken
from Terri while she was in the care of the Hospice - information which may
have been tainted by the lack of full disclosure regarding Past
Chairman/Attorney George Felos.
According to The Hospice Patients Alliance Website and the Washington Post,
("Hospices Big Business, Thanks to Medicare; Exploitation of some patients
is alleged" 06/14/98) this type of unethical activity is nothing new - it
also may be illegal.
If "The Hospice of The Florida Suncoast" is to cast itself as an ethical
entity, it should rectify and resolve this conflict of interest regarding
it's Board of Directors and Past Chairman, George Felos:
It is this writer's opinion that:
- The Board of Directors of "The Hospice of The Florida Suncoast" cannot
justify their actions, or the actions of past Chairman, George Felos if The
Hospice knowingly placed Terri Schiavo in the care of Felos and his
paid/volunteer subordinates without disclosing his role at the Hospice to
the court, the public, or the Terri Schiavo's parents.
- The Board of Directors of "The Hospice of The Florida Suncoast" cannot
claim to be advocates for their clients if they are not fully open regarding
the past or present roles of George Felos with their donors, the courts, or
the clients they purport to serve.
- The Board of Directors of "The Hospice of The Florida Suncoast", cannot
state they are caretakers if Felos and the Hospice worked together to hasten
Terri Schiavo's death from the moment she was clandestinely removed from her
nursing home and brought to the Hospice by Felos.
These new insights into the Hospice's inner workings raise questions that
must be answered.
- How many elderly or infirm persons have Felos and the Hospice possibly
exploited for monetary gain?
- How many other impaired but recovering persons may have been brought into
the Hospice's "care" without their explicit consent?
- How many other incapacitated or differently-abled people might have
suffered or will suffer the same fate as Terri Schiavo?
-Under Florida law, do these human beings qualify for the basic guarantees
of life, liberty and the pursuit of happiness, or are they only products to
be mined by George Felos and "The Hospice of The Florida Suncoast"?
-If Felos and the Hospice espouse that incapacitated people have no rights
other than those assigned to them by the Hospice and it's agents, then is
"The Hospice of The Florida Suncoast" nothing more than a Death Factory?
It is the opinion of this writer that George Felos' "Hospice of The Florida
Suncoast" is not an uninterested third party in this case, as they portray
themselves to be. The Board of Directors hired Michael Shiavo's lawyer as
their Chairman, then obscured Felos' role while bringing Terri under
Hospice's care. "The Hospice of The Florida Suncoast" should come clean and
come forward with any additional information they may hold regarding George
Felos, Terri Schiavo, or any other hospice patients who may have been
"represented" by Felos. The Hospice must also reveal any plans that they and
their past Chairman of the Board may have for Terri's award money following
her "facilitated" death.
For Michael Schiavo, George J. Felos and the Board of Directors of "The
Hospice of the Florida Suncoast", it seems that Terri Schiavo's death cannot
come soon enough - and unless the American public can persuade the courts to
rule otherwise, Terri will die October 15, 2003.
Copyright November 24, 2002 - Becki Snow
Disclaimer: This article is the opinion of Becki Snow, and makes no
guarantee as to the accuracy or reliability of its sources although the
sources have been verified as accurately as possible through public record
resources.
This article may be copied and posted in accordance with fair use, in its
entirety or excerpted, but only with full credit to the author and with
notification to the author. Please notify the author by email at
beckisnow@yahoo.com
Reincarnation
and New Age Belief:
"It is
appointed unto man once to die and then the judgment" - Hebrews 9:27.
Such is the clear declaration of scripture. However, most New Agers feel
that one time around is just not sufficient to 'get it right'. Besides,
there is the little matter of 'karma' (see comments below) - how are
people to 'get what they deserve' if they die before the 'get it'?
Reincarnation. They go around again - and again - and again.
In most
Eastern religious teachings one could come back as 'anything' - a plant,
a frog, a cow, a person of a higher caste, etc. This has led to the
problem of dealing with animals and plants in India and such countries.
They may be your grandmother - reincarnated of course. Some have thus
been led to wear masks over their nose and mouth in order not to inhale
some gnat or fly (i.e., grandma). The other drawback is seen in the
rigid caste system. If you came back in a lower caste (i.e., determined
by family and skin color) it was because you deserved it. You were
experiencing the karma of a previous life. You deserved what ever
treatment came with such 'caste'. Mistreating those of a lower caste was
just their lot in life - you have done nothing wrong if you so
mistreated them.
New Agers
commonly put a 'western twist' upon this teaching. Most have dropped the
concept of coming back as a toadstool - or even as a cow (or bull). They
have also dropped the caste system. Now you come back in order to 'do
better' - to learn that you are god. This is supposed to continue until
finally you do learn such.
Doctor Disputes Media Claims
Terri Will Not Suffer Agonizing Death
by Steven Ertelt
LifeNews.com Editor
October 16, 2003
http://www.lifenews.com/bio89.html
Clearwater, FL (LifeNews.com) -- While Michael Schiavo and some media
outlets claim Terri Schiavo will die in peace, doctors say Terri's
starvation death will be agonizing and painful.
David Stevens, M.D., executive director of the Christian Medical
Association, says Terri will suffer in part because she, despite media
reports to the contrary, is not in a persistive vegetative state.
PVS patients are those who "are unaware of themselves, their environment and
are unable to interact with others in any way," Stevens told LifeNews.com.
"They can breathe and retain some brainstem reflexes but they are not able
to sit up or do other things that Terri can do."
Stevens says that when feeding tubes are withdrawn patients should still
receive food and water orally. That is not the case with Terri as Michael
Schiavo decided against it and Judge Greer affirmed his decision.
"Nutrition and fluids or a universal human biologic requirement and a
fundamental demonstration of human caring," Stevens explained.
As far as Terri's starvation is concerned, some media outlets have reported
that Terri "won't feel a thing" because she will be prescribed pain
medications. In fact, Michael contends Terri has had no feeling since her
1991 heart attack.
Peggy Guin, a nursing instructor at Shands Hospital at the University of
Florida, told the Tampa Tribune that her experience with patients removed
from feeding tubes shows they feel no pain.
Kenneth Goodman, director of bioethics at the University of Miami School of
Medicine, told the newspaper "she is not going to feel a thing."
"There is nothing unusual about terminating hydration and nutrition,''
Goodman said. "The reason why Florida law allows it, and the other 49 states
allow it, is obviously that this can be done in a way that is pain-free and
dignified. That is why it is legal.''
Stevens strongly disagrees.
"Without intervention Terri will not have a comfortable death," Stevens told
LifeNews.com.
Technically, Terri will die from dehydration, not starvation.
"Her progression will go from thirst to extreme thirst. [Terri] is likely to
cry and moan till she is so dehydrated she won't have tears and her mouth is
too dry and cracked to make sounds," says Stevens.
"If she gets any fluids in by mouth (if they are allowed) the process could
take longer," Stevens tells LifeNews.com.
Terri will likely suffer numerous symptoms over time, and they will get
worse the longer it takes for her to die.
"She may have nose bleeds as the mucous dries out. She will probably
experience nausea, vomiting and cramps as her intestines dehydrate. She will
decrease her urine output, have dizziness, cramping in the arms and legs as
her electrolytes get out of balance," Stevens explains.
Unless Terri's feeding tube is reinserted quickly or she is able to receive
food and water orally, her situation may grow worse.
"She may have seizures and even further brain damage during the process,"
Stevens concludes.
=========================================
Audio Recap
-
Glenn explains the situation for those unfamiliar with this case
-
Glenn Beck gives his thoughts about Steve Schiavo
http://www.glennbeck.com/news/10142002.shtml
"Wesley Smith: The
Horrifying Case of Terri Schiavo"
Posted by
Jean Shaw
Monday, October 13, 2003
Wesley J. Smith, writing for The Weekly Standard, examines the
horrifying case of Terri Schiavo, and the ramifications for medical ethics.
AT 2:00 P.M. on October 15, 2003, Terri Schiavo's feeding tube is to
be removed, after which she will slowly dehydrate to death. This is to be
done at the request of her husband, Michael Schiavo, and at the order of
Judge George W. Greer of the Sixth Judicial Circuit, in Clearwater,
Florida. If the order is carried out, Terri will die over a period of 10 to
14 days.
The Schiavo case is only the most recent ''food and fluids'' case to
make national headlines, after Nancy Cruzan (Missouri), Michael Martin
(Michigan), and Robert Wendland (California). But Terri's case has gone a
step beyond all the rest: Not only are Michael Schiavo's conflicts of
interest so blatant that he should be allowed no say over her care, but
Terri is also being denied rehabilitative therapy that several doctors and
therapists have testified could wean her off the feeding tube.
Terri Schiavo collapsed from unknown causes in 1990 and experienced
a devastating brain injury. Michael brought a medical malpractice case in
which he promised the jury that he would provide Terri with rehabilitation
and care for her for the rest of his life. The jury in 1993 awarded $1.3
million in damages, approximately $750,000 of which was set aside to pay for
her care and rehabilitation. But once the money was in the bank, Michael
refused to provide Terri with any rehab. Moreover, within months, he had a
do-not-resuscitate order placed on her chart.
Had she died then, Michael would have inherited all the money. But
he denies having a venal motive, claiming that the trust fund money is now
exhausted. If true, this is bitterly ironic. For the past three years he
has been in litigation, opposed by Terri's parents and her other relatives.
Rather than the funds going to pay for medical therapists to help her, as
the jury intended, much of it instead paid lawyers that Michael retained to
obtain the court order to end her care.
Michael's second conflict of interest is deeply personal. He is
engaged to be married and has had a baby with his fiancée, with another one
on the way. The couple would like to marry, but Michael's wife,
inconveniently, is still alive.
Judge Greer ordered Terri dehydrated based on dubious testimony from
Michael, his brother, and his brother's wife that Terri told them she did
not want to be hooked up to tubes--something he never told the malpractice
jury when he sought a financial award. To the contrary, the malpractice
jury was told that Terri could expect a normal lifespan.
Whatever Terri said or did not say, she certainly never asked to be
denied the very treatment that might allow her to eat without medical
assistance. Yet, in the ultimate injustice, Judge Greer refuses to permit
Terri to receive rehabilitative therapy that could help her relearn to eat
by mouth, even though several doctors and therapists have testified under
penalty of perjury that she is a good candidate for tube weaning.
True, experts hired by Michael disagree. But so what? This isn't a
case where we have to believe one side's medical experts or the other's.
The issue can be decided empirically by providing Terri with six months of
therapy to see if she improves. But Judge Greer, in a decision that
elevated procedure over justice, won't do that because, he ruled, it would
mean retrying the case.
In that unreasonable denial, it looked as if Greer might have
crossed a crucial line. St. Petersburg attorney Pat Anderson, who represents
Terri's blood family, believed that denying food and water and
potentially rehabilitative therapy that could have made the feeding tube
unnecessary, reeked of discrimination against the disabled. She filed a
civil rights lawsuit seeking a federal injunction against the dehydration.
Adding to the suit's potential legal heft and credibility: Florida governor
Jeb Bush dramatically signed on to the federal case, urging the court in an
amicus brief to prevent Terri's dehydration until she received treatment to
determine whether she could relearn to take food and water by mouth. But
once again, the law turned its back on her. U.S. District Court Judge
Richard Lazzara ruled on October 10 that the federal courts had no
jurisdiction and dismissed the case.
People are often shocked at how Terri has been treated as somehow
less than a fully human person by the legal and medical experts who are
determined to see her dead. They shouldn't be. This case illustrates how
utterly vulnerable people with profound cognitive disabilities have become
in this country. Not only are many routinely dehydrated to death--both the
conscious and unconscious--but often the people making decisions to stop
food and water, like Michael, have glaring conflicts of interest.
Some of the worst such conflicts come not from family members but
from a medical establishment eager to remedy the chronic shortage of organ
donors. The literature is brimming with advocacy that death be
''redefined'' to include a diagnosis of permanent unconsciousness. An
article just published in Critical Care Medicine, the journal for doctors
who specialize in treating the most seriously ill and injured patients,
urges the adoption of an even more radical policy. Drs. Robert D. Troug and
Walter M. Robinson, from Harvard Medical School and the Medical Intensive
Care Unit at Children's Hospital, Boston, want to discard the ''dead donor
rule'' requiring that vital organ donors die before their organs can be
procured, writing: ''We propose that individuals who desire to donate their
organs and who are either neurologically devastated or imminently dying
should be allowed to donate their organs, without first being declared
dead.''
The authors urge that the relevant question about organ donors
should be changed from the current query--is the patient dead?--to, ''Are
the harms of removing life-sustaining organs sufficiently small that
patients or surrogates [e.g., Michael Schiavo] should be allowed to consent
to donation?'' This is a prescription for moral freefall. Not only do the
authors strongly imply that some of us have less value than others but that
those so denigrated can be killed for utilitarian ends.
The answer to such a moral travesty would not be to expand medical
homicide beyond patients who have suffered a total cessation of brain
activity. Rather, it would be to permit doctors to procure organs only from
donors who have been declared dead in the traditional manner; because their
hearts have ceased beating without hope of restarting.
Advocacy in Critical Care Medicine for discarding the dead donor
rule follows on the heels of the Ethics Committee of the Society of Critical
Care Medicine's advocacy for legalizing ''futile care theory,'' which would
permit doctors to refuse wanted life-sustaining treatment--including
''low tech'' treatments such as antibiotics--based on the doctor's
perception of the ''quality'' of the patient's life. ''Given finite
resources,'' the Ethics Committee stated in 1997, ''institutional providers
should define what constitutes inadvisable treatment and determine when such
treatment will not be sustained.''
This plan is currently being implemented. Medical and bioethics
journals have reported in recent years that futile care protocols are being
adopted quietly by hospitals throughout the country.
The Schiavo case has drawn attention only because her family is in
profound disagreement about the care she should receive. If futile care
theory takes hold, we may see fewer such cases, if only because the
unilateral refusal of treatment will quietly take place without anyone
speaking up for the patient.
The sad truth is, many practitioners of bioethics, medicine, and law
no longer believe that people like Terri Schiavo are fully human. As a
consequence, these patients are being systematically stripped of their
fundamental right to life and, perhaps worse, are increasingly looked upon
as mere natural resources whose bodies can be plundered for the benefit of
others. If it is true that a nation is judged by the way it treats its most
vulnerable citizens, a lot is riding on the Schiavo case.
Wesley J. Smith is a senior fellow at the Discovery Institute. His
most recent book is "Forced Exit: The Slippery Slope From Assisted
Suicide to Legalized Murder."
http://www.chronwatch.com/featured/contentDisplay.asp?aid=4672
Legal Solution Now on Hand -- Will
Florida Gov. Bush Intervene and Save Terri Schindler-Schiavo's Life?
http://releases.usnewswire.com/GetRelease.asp?id=129-10162003
Terri Schiavo's Parents Turn to
Gov. Bush
http://www.guardian.co.uk/uslatest/story/0,1282,-3273434,00.html
Friday October 17, 2003 2:31 AM
By MITCH STACY
Associated Press Writer
PINELLAS PARK, Fla. (AP) - The parents of a severely brain-damaged woman and
others seeking to keep her alive pressed Gov. Jeb Bush on Thursday to
intervene in the case.
Terri Schiavo's feeding tube was removed Wednesday after a decade-long legal
fight between her parents and her husband, who says she would rather die than
be kept alive artificially. Doctors say she will die within two weeks without
the tube.
Meanwhile, Schiavo's husband, Michael, has gotten death threats in recent days
and temporarily moved from his Clearwater home, his attorney said Thursday.
Advocates for parents Bob and Mary Schindler sent the governor legal opinions
co-signed by Richard Thompson, chief counsel at the conservative Thomas More
Law Center, who prosecuted suicide doctor Jack Kevorkian in Michigan.
The letter maintains that Bush could legally intervene to order a criminal
investigation into whether Terri Schiavo was ever abused by her husband, who
has always denied such charges. If a probe were launched, she would have to be
kept alive to preserve evidence.
George Felos, the attorney for Michael Schiavo, dismissed the opinions as
``ideological and inflammatory rhetoric.''
``I, as well as other attorneys who have looked at those, give no credibility
to those opinions, and I would certainly expect that the governor's legal
staff would come to the same conclusion,'' Felos said.
Both the State Attorney's Office and the Florida Department of Law Enforcement
have declined to pursue investigations, saying there is no physical evidence
of abuse.
Felos said the death threats against Michael Schiavo have come via phone, mail
and e-mail and were reported to authorities.
He said Michael Schiavo still planned to spend as much time as possible with
his wife before she dies but would not be more specific about the visits.
Felos said he also issued an invitation to Bush to meet with Michael Schiavo
at the hospice and visit with Terri. The governor's office has yet to respond,
he said.
Bush has promised the Schindlers that his staff would continue to search for
legal avenues that could save her life but has said he doesn't have the
authority to overrule the courts. State courts have consistently affirmed
Michael Schiavo's legal right to decide his wife's fate.
``The legal office has been talking to people trying to find some strategy
where my office can intervene in a different fashion that will yield a
different result,'' Bush said Thursday. ``So far we have not found that
option.''
Terri Schiavo has been in a vegetative state since 1990, when her heart
stopped because of what doctors said may have been a chemical imbalance.
Her husband says he is carrying out his wife's wishes that she not be kept
alive artificially. Her parents believe she responds to them and could benefit
from therapy.
============================
Searched news for "Terri Schiavo". Results 1 - 10 of about 766
Terri Schindler Schiavo Foundation
http://www.terrisfight.org/lead.htm
Lawyers to Jeb Bush: You Have the Power to Save Terri Schiavo
(Oct. 16)
http://www.newsmax.com/archives/ic/2003/10/16/151917.shtml
The Killing of Terri Schiavo Begins (Oct. 15)
http://www.newsmax.com/archives/ic/2003/10/15/153951.shtml
Life News
http://www.lifenews.com
Comatose Woman's Parents Hope for Legal Help (Oct. 16)
http://www.foxnews.com/story/0,2933,100246,00.html
Comatose Woman's Feeding Tube Removed (Oct. 15)
http://www.foxnews.com/story/0,2933,100117,00.html
For more information, type in "Terri Schiavo" at Fox News's SEARCH
feature.
Be sure to sign these petitions:
http://new.conservativepetitions.com/petitions.php?id=236
http://www.catholicpetitions.com/petitions.php?id=226
http://www.friendsofterri.org/pet.html
"THOU SHALL NOT KILL"
Governor Jeb Bush
Gov. Jeb Bush replies.........Automatic response
Fri Oct 17 17:34:47 2003
64.140.158.123
-------- Original Message --------
Subject: Automatic response to your email
Date: Fri, 17 Oct 2003 16:04:43 -0400
From: Governor Jeb Bush Jeb.Bush@MyFlorida.com
To: APFN
Thank you for your e-mail. This serves as an immediate means to acknowledge
my receipt of your message.
I am currently experiencing a large volume of e-mails, and your questions
will be answered as soon as possible.
If you are writing about a specific piece of legislation, your comments will
be considered before I take action.
I appreciate hearing from concerned citizens like you. Please feel free to
continue to keep me informed on issues that are important to you. Thank you
again for writing.
To subscribe to my weekly news update via e-mail, go to:
http://www.myflorida.com/subscribe
Sincerely,
Jeb Bush
================================
WND MATTERS OF LIFE AND DEATH
Lawyers: Bush can step in for Schiavo
Briefs on behalf of brain-damaged starving woman urge criminal probe
Posted: October 16, 2003 4:35 p.m. Eastern
By Sarah Foster
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=35120
Florida Gov. Jeb Bush has the authority and the legal obligation to use his
executive powers to halt the death of Terri-Schindler-Schiavo and to launch a
criminal investigation into the case, according to attorneys queried by the
governor's legal office yesterday.
"Not only does the governor have such power, but the governor has the
constitutional duty to prevent any action taken pursuant to such a court
order, because such action would violate Ms. Schindler-Schiavo's
constitutionally guaranteed 'inalienable right to enjoy and defend life'
regardless of her 'physical disability' as secured by Article 1 Section 2 of
the Florida State Constitution," wrote constitutional attorney Herb Titus, of
Chesapeake, Va., in a memorandum faxed to the governor's legal office.
Titus, one of the constitutional experts contacted by the governor's office,
represents Judge Roy Moore in his battle over the 10 Commandments monument in
Montgomery, Ala.
Attorney Richard Thompson, who heads the Thomas More Law Center, a
public-interest law firm in Ann Arbor, Mich., noted in a letter that Terri is
"a victim of abuse and neglect," and under Florida law, "it is a crime to
abuse or neglect a disabled adult" and to encourage another person to do so.
He further called on the governor to launch a full-scale criminal
investigation into the circumstances of the case "and to take measures to
prevent future harm to Ms. Schiavo pending the outcome of the investigation."
Terri's life-sustaining feeding tube was removed yesterday afternoon in
compliance with a judge's order as her mother and husband, Michael Schiavo,
who demanded the removal, looked on. Although Terri is well into the second
day of forced starvation, it's not too late for Bush to take the woman into
protective custody and halt the death process.
But the clock is ticking. Without food and water, doctors say the 39-year-old
brain-disabled woman will die within seven to 14 days. The documents were made
public today at a noon press conference outside the Hospice of the Florida Sun
Coast's Woodside Facility in Pinellas Park, where Terri has resided since
April 2000.
Bush has insisted that his hands are tied and Terri's fate is "in the hands of
the court." However, he met yesterday morning with Terri's parents, Robert and
Mary Schindler, and assured them that if there were some way he could
intervene he would do so, and she could have her feeding tube reinstalled.
Randall Terry, noted pro-life activist and founder of Operation Rescue,
accompanied the Schindlers at their meeting with Bush.
Terry told WorldNetDaily, "We put the question to him: If there was a legal
means for you to intervene and it did not violate the separation of powers,
and you were in fact upholding your oath of office, would you do it? He said,
'Yes. I would be very interested. Let us know.'"
Terry said there were "crews working all night, different law firms putting
together legal briefs, memoranda of law showing that he does in fact have the
constitutional authority, even the duty, to intervene on Terri's behalf. So
his legal people have all of those memoranda right now, and we're just hoping
and praying that he will step up to the plate, issue the order and rescue
Terri."
As WorldNetDaily reported, the Schindlers have been fighting with their
son-in-law for 10 years over the lack of care and therapy Schiavo has provided
for their daughter, who suffered massive brain damage when she collapsed at
her home 13 years ago under mysterious circumstances at the age of 26.
The contentious family dispute escalated into a major euthanasia battle in May
1998, when Schiavo petitioned the Florida courts for permission to end his
wife's life by disconnecting her feeding tube, insisting she is in a
"persistent vegetative state" and that in casual conversations she had told
him she would not want to be kept alive "artificially." Although Terri
breathes on her on and maintains her own blood pressure, she requires a simple
tube into her abdomen to her stomach for nourishment and hydration.
Although Terri's parents and siblings have claimed for years that she
recognizes them and tries to talk, and over a dozen prominent doctors and
therapists have stated under oath that she is not in a persistent vegetative
state and with therapy could be rehabilitated, a handful of doctors have
testified she is "vegetative." They claim her expressions and vocalizations
are simply reflex actions and she will never regain consciousness. Despite a
scarcity of expert testimony and evidence for Schiavo's position, the Florida
courts have consistently sided with him and attorney George Felos.
When the seven-member Florida Supreme Court in August turned down a petition
by the Schindlers to review the case, the way was clear for Schiavo to order
his wife starved to death.
On Sept. 17, Judge Greer scheduled Oct. 15 as the day Terri's feeding tube
would be removed.
The memoranda and other legal documents and information on Terri's fight for
life are posted on the family's website.
Previous stories
Starvation begins for Terri Schiavo
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=35095
Art Moore
STARVATION DAY 3 - Desperate parents petition high court
Fri Oct 17 19:12:27 2003
64.140.159.252
STARVATION DAY 3
Desperate parents petition high court
Seek mandate for Jeb Bush to save Terri, willing to take appeal to U.S.
Supremes
Posted: October 17, 2003
5:00 p.m. Eastern
By Art Moore
© 2003 HTTP://WWW.WorldNetDaily.com
Florida's 1st District Court of Appeal denied a petition by attorneys for the
parents of Terri Schindler-Schiavo to mandate Gov. Jeb Bush intervene to
prevent the brain-disabled woman from being starved to death as demanded by
her husband.
Robert and Mary Schindler's attorneys will file a further appeal this
afternoon with the Florida Supreme Court and are willing to go to the U.S.
Supreme Court, if necessary.
Terri's feeding tube was removed Wednesday by order of Pinellas County Circuit
Court Judge George W. Greer. Doctors say she can live no more than two weeks
after its removal, but the Schindlers fear she could die this weekend from
morphine treatment given to relieve some of the pain of the starvation
process.
At a press conference monitored by WorldNetDaily this afternoon, pro-life
advocate Randall Terry, representing the Schindlers, said an attorney also is
appealing directly to the governor through one of his legal aides.
"At this point, it is clear the clock is running out," Terry said, "and this
is about the political will of the governor. He is literally their last hope."
Terry then directed his words to Bush.
"In the name of God, intervene," he said. Do the right thing. You have the
authority, now use it."
Bush has been sympathetic to the Schindler's position, but the governor's
legal team said yesterday it has been unable to find a basis for interention.
"The legal office has been talking to people trying to find some strategy
where my office can intervene in a different fashion that will yield a
different result," Bush said. "So far we have not found that option."
Attorneys queried by the governor's legal office yesterday said Bush has the
authority and the legal obligation to use his executive powers to prevent
Terri's death and to launch a criminal investigation into the case.
Felos dismissed the opinions as "ideological and inflammatory rhetoric."
Chased by death threats
Michael Schiavo temporarily has moved from his Clearwater, Fla., home after
receiving death threats, the Associated Press reported.
His attorney, George Felos, said the threats, via phone, mail and e-mail, have
been reported to authorities.
Schiavo, who insists Terri told him of her wish to not use extraordinary means
to keep her alive, has been living with another woman, Jodi Centonze, with
whom he has a daughter, Olivia.
He contends Terri is in a "persistent vegetative state," but more than a dozen
medical professionals have flatly refuted that. Videos released by the family
indicate she is alert and responsive to people around her.
Michael Schiavo has presented testimony from physicians who maintain Terri
merely is exhibiting reflexive actions.
Meanwhile, Judge Greer's office has been flooded with e-mails, mostly from
people angry about his ruling, reports WTVT-TV in Tampa.
"You're nothing but a heartless killer in a robe," one e-mail said. "At least
the color of black fits you. I can only hope that you'll soon die by
starvation and dehydration."
Court spokesman Ron Stuart argued the judge is only doing his job, the Tampa
station said.
"I've tried to tell some of the people who call that their anger should be
directed at Mr. Schiavo," said Stuart. "He's the one who's ultimately making
the decision."
Legal documents and information on Terri's case are posted on the family's
website.
Previous stories
Lawyers: Bush can step in for Schiavo
Starvation begins for Terri Schiavo
Husband protests video showing alert Terri
Terri Schiavo wants to live
No intervention for Schiavo
Joni Eareckson Tada joins vigil for Terri Schiavo
Hearing today on woman scheduled to starve
Prayer vigil for Terri Schiavo
Bush steps in for Schindler-Schiavo
Florida AG intervenes in Schiavo lawsuit
Order signed for starvation of disabled woman
Disabled woman wins reprieve
Another 9-11 date with death
Federal judge considers Schiavo case
Federal Court grants emergency hearing in Schiavo case
Attorney: Jeb Bush letter only a 'good first step'
Gov. Bush's plea for Schindler-Schiavo rejected
Jeb Bush intervenes for Schindler-Schiavo
Legal setbacks clear way for Schiavo starvation
Schindler-Schiavo on 'death row'
Husband bars priest from brain-damaged wife
Brain-damaged woman hospitalized
Fight for life bombshell: Terri trying to talk
Petition drive launched for Terri Schiavo
Commentary
'Murder is legal if we say so'
Art Moore is a news editor with WorldNetDaily.com.
APFN
Abuse report filed for Terri Schiavo (Judicial Watch)
Sat Oct 18 16:06:32 2003
64.140.158.205
Searched news for Death by Starvation. Results 1 - 10 of about 298
Abuse report filed for Terri Schiavo
Judicial Watch says it now has given Jeb Bush premise to intervene
Posted: October 18, 2003 - 1:00 a.m. Eastern
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=35149
The Washington, D.C., watchdog group Judicial Watch filed an abuse complaint
it says will allow Florida Gov. Jeb Bush to intervene on behalf of Terri
Schindler-Schiavo, the brain-disabled woman who is starving under a court
order initiated by her husband.
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=35145
Judicial Watch President Thomas Fitton faxed a "Form to Report
Abuse/Abandonment/Neglect/Exploitation" with the Florida Department of
Children and Families yesterday then sent a letter to Bush and DCF Secretary
Jerry Regier.
The letter said, "Based on our formal complaint via the faxed report
referenced above, you have the authority and sufficient cause to immediately
order the Florida Department of Children and Family Services to intervene on
behalf of Ms. Schiavo; to restore her nutrition; and to initiate a full
investigation of the circumstances surrounding Ms. Schiavo’s disability."
Fitton said these actions are in accord with the U.S. Constitution, the
Florida Constitution, Article 2, Section 5, and Florida statutes 825.102 and
782.04(2)(i), 77.04.
The abuse report, under "Description of Incident," says:
Thirteen years ago Terri Schiavo suffered brain damage from a sudden collapse.
She receives her food and water by means of a feeding tube. Terri's other
bodily functions are stable. She responds to voices, and is capable of
smiling, laughing and crying. She vocalizes well.
Terri's husband, Michael Schiavo, has denied her any rehabilitation treatment
since 1993. On Wednesday, October 1, 2003, Michael Schiavo directed that
Terri's feeding tube be disconnected, subjecting her to starvation and
dehydration that will result in an anguishing death in approximately 10 to 14
days.
Judicial Watch is known for its many lawsuits against President Clinton's
administration. But the group also has taken on the current White House,
including a lawsuit to force the release of information about Vice President
Dick Cheney's energy task force.
Longtime Judicial Watch leader Larry Klayman recently declared he will run for
a U.S. Senate seat from Florida.
Legal documents and information on Terri's case are posted on the family's
website.
http://www.terrisfight.org
Desperate parents plead to Jeb Bush
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=35145
NEW UPDATES:
Searched news for Terri Schindler-Schiavo.
SEE: DEATH BY STARVATION (UNDER CONSTRUCTION)
http://www.apfn.org/apfn/terri.htm
Phone State Attorney Bernie McCabe
In Clearwater on 727-464-6221
Attorney Gen. Charlie Crist
Office of Attorney General
State of Florida - The Capitol
Tallahassee, FL 32399-1050
850-414-3990
850-487-2564 Fax
ag@oag.state.fl.us
Governor Jeb Bush
Florida Capitol Building, PL-05
Tallahassee, FL 32399-0001
850-488-4441
850-922-4292 Fax
fl_governor@eog.state.fl.us
Attorney General John Ashcroft
US Dept. of Justice
950 Pennsylvania Avenue NW
Washing, DC 20530-0001
202-353-1555
askDOJ@usdoj.gov
Hon David A. Demers
(Oversees all judges in the 6th
district).
545 1st Avenue North - Room 400
St. Petersburg, FL 33701
727-582-7882
727-582-7210 Fax
The Tampa Tribune
Letters to the Editor
PO Box 191
Tampa, FL 33601-4405
tribletters@tampatrib.com
The St. Pete Times
Letters to the Editor
PO Box 1121
St Petersburg, FL 33731
letters@sptimes.com
Terri Schindler-Schiavo Foundation
HTTP://www.terrisfight.org
4615 Gulf Blvd #104-103, St Petersburg Beach, FL 33706
MATTERS OF LIFE AND DEATH
Jeb Bush steps in for Schindler-Schiavo
Supports woman whose court-ordered starvation begins in 8 days
Posted: October 7, 2003
11:00 a.m. Eastern
By Sarah Foster
© 2003 WorldNetDaily.com
Inspired in part by the e-mails and letters from
thousands of Floridians, Gov. Jeb Bush has entered the legal arena on
behalf of Terri Schindler-Schiavo, the 39-year-old brain-disabled woman
whose court-ordered death by starvation is scheduled to begin in eight
days.
Gov. Jeb Bush |
In papers delivered yesterday afternoon to the Federal Courthouse in
Tampa, assistant counsel Christa Calamas, on behalf of Gov. Bush, asked
U.S. District Judge Richard A. Lazzara for permission for the governor to
appear as a friend of the court and to file an amicus curiae, or
friend of the court, brief supporting the preliminary injunction filed by
Terri's parents.
On Sept. 22, Robert and Mary Schindler of Gulf Port, Fla., sued their
son-in-law Michael Schiavo, who also is Terri's legal guardian, in federal
court to block the Oct. 15 removal of the feeding tube that is keeping
their daughter alive. They asked Lazarra to postpone removal of the tube
until Terri is given therapy and training that would enable her to be
spoon fed.
Schiavo's attorney, George Felos, the well-known "right-to-die"
advocate, filed a motion yesterday asking Lazzara to dismiss the
Schindlers' lawsuit or rule against them, describing their action as "yet
another attempt to find another forum to relitigate what has been
litigated many times before."
He also has indicated he opposes Gov. Bush appearing as a friend of the
court.
Attorney Patricia Anderson, who represents the Schindlers in the
courtroom tug-of-war with their son-in-law, declined to comment on the
case.
Calamas requested Bush be allowed to submit written argument and
information to the court "on the issue of the critical distinction between
removing artificial life support and the deliberate killing of a human by
starvation and dehydration, and whether the latter constitutes the
deprivation of [Terri's] life without due process of law."
"Among the issues presented in this case, Calamas declared, "is whether
the removal of artificial life support without concurrent therapy to allow
Theresa ("Terri") Schiavo to eat naturally is a violation of the patient's
constitutional right to life."
Calamas said the outcome of the case "will determine whether a citizen
of the state of Florida lives or dies. In light of the seriousness of this
matter, and the inability to remedy an improper outcome, the governor has
a strong interest in ensuring that Terri Schiavo's fundamental right to
life is not deprived without due process of law, and that it is properly
balanced with her right to privacy and liberty."
In a 12-page Amicus
memorandum, Bush cited several Florida statutes in support of allowing
Terri to be weaned from her feeding tube so she can receive nourishment
orally. He also gave three reasons for his involvement in the case. He
said he has a constitutional duty to see that the laws are executed
faithfully and a sworn duty to uphold the constitution of the state of
Florida.
In addition, the governor said, he "feels compelled to give voice to
the thousands of Floridians who have communicated to him their concern
over this case."
Major euthanasia battle
As WorldNetDaily reported, the Schindlers have been fighting with their
son-in-law for 10 years over the lack of care and therapy he has provided
for their daughter, who suffered massive brain damage when she collapsed
at her home 13 years ago under mysterious circumstances at the age of 26.
Terri Schindler-Schiavo before her
disability. |
The contentious family dispute escalated into a major euthanasia battle
in 1998 when Schiavo petitioned the Florida courts for permission to end
his wife's life by disconnecting her feeding tube, insisting she is in a
"persistent vegetative state" and that in casual conversations she had
told him she would not want to be kept alive "artificially." Although
Terri breathes on her own and maintains her own blood pressure, she
requires a simple tube in her stomach for nourishment and hydration.
Terri's parents and siblings have claimed for years she recognizes them
and tries to talk, and over a dozen prominent doctors and therapists have
stated under oath she is not vegetative and with therapy could be
rehabilitated. Nevertheless, a handful of doctors have testified she is in
a "persistent vegetative state." They claim her expressions and
vocalizations are simply reflex actions, and she will never regain
consciousness. Despite a scarcity of expert testimony and evidence for
Schiavo's position, Greer and Florida's appellate courts consistently have
sided with him and his attorney, Felos.
When the seven-member Florida Supreme Court washed its hands of the
matter in August by turning down an appeal by the Schindlers to review the
case, the way was clear for Schiavo to starve his wife to death.
On Sept. 17, probate Judge George Greer, of the Pinellas-Pasco Circuit
Court, scheduled Oct. 15 as the day Terri's feeding tube would be removed.
At the same time, but in separate rulings, Greer – who has been in
charge of the case from almost the beginning – denied any rehabilitation
whatsoever for the disabled woman. An Aug. 26 request by the Schindlers
asking that their daughter be allowed an eight-week trial of speech,
occupational and physical therapy, was summarily rejected along with a
motion made Sept. 10 that she be taught to swallow food so she could be
spoon fed.
Michael Schiavo (Photo: WFLA-TV) |
With the state courts closed against them, the Schindlers sued their
son-in-law in federal court to block the scheduled Oct. 15 removal of
their daughter's feeding tube. In their Sept. 22 request for a preliminary
injunction, they asked Judge Lazzara that Terri be given therapy for a
sufficient time to wean her off her feeding tube and return her to
nutrition by mouth.
The following day, Lazzara set a date of Oct. 10 to hear arguments by
the Schindlers and their attorney Patricia Anderson regarding alleged
violations of Terri's civil rights. Anderson will be joined by Christopher
Ferrara of the Catholic
Lawyers Association.
At this point, the governor stepped in. It isn't the first time
Bush has expressed an interest in the case.
'An unbiased view'
In an Aug. 26 letter to Greer,
Bush asked the judge to delay setting a date for removal of Terri's
feeding tube and to appoint a special guardian who would "independently
investigate the circumstances of this case and provide the court with an
unbiased view that considers the best interests of Mrs. Schiavo."
Greer chose to ignore the letter.
"I read the letter because it came from the governor and I respect his
position," he told the Tampa Tribune. "Beyond that, it is going in the
file."
At a news conference that same day, Schiavo – who insists he only is
doing what Terri would want him to do – said he wished the governor would
stay out and keep his thoughts to himself.
"This is not about Jeb Bush, it's not about the Schindlers, and it's
not about me," he complained, according to WFLA-TV in Tampa. "It's about
Terri, and it always has been about Terri."
But the governor didn't see it that way, and in his memorandum he
strongly disputed the notion denial of therapy would be Terri's desire.
Bush said he "takes issue with the apparent assumptions by the state
courts that Terri's wish to be without such artificial means of support is
the same as a wish to die, and that withdrawing her feeding tube is the
same as allowing her to die."
"Rather, there are two separate and distinct actions here," the
governor said, "only one of which has been shown by clear and convincing
evidence to be Terri's wishes. The first is the withdrawal of the feeding
tube, which does not necessarily result in death and dehydration. The
second is the withholding of natural oral feeding, which would proximately
cause her death."
Bush said the first action, withdrawing her feeding tube, "protects her
fundamental libery and privacy interests by enforcing her wishes as to her
medical treatments, as found by [Greer's guardianship court] to be
proven." But the second action, to withhold food completely, "would
terminate her fundamental right to life under the Florida and federal
Constitutions, without any evidence – let alone clear and convincing
evidence – that she favors oral starvation and [de]hydration."
Therefore, he said, "Terri's right to life is violated by the state
when the state, acting as her guardian, assumes that her wish to live
without artificial sustenance is the same as a wish not to be fed at all."
Bush made it clear in a footnote he was talking specifically about the
trial court under Greer.
The governor stressed that in Florida law even incapacitated people
such as Terri retain specific rights that may not be denied or ignored
either by the court or guardian. These are set forth in Florida Statutes
Section
744.3215. One is a retained right to receive necessary services and
rehabilitation.
"While many rights may be delegated to a guardian , the right to
receive necessary services and rehabilitation may not," says Bush.
Bush said the first action, withdrawing her feeding tube, "protects her
fundamental libery and privacy interests by enforcing her wishes as to her
medical treatments, as found by [Greer's guardianship court] to be
proven." But the second action, to withhold food completely, "would
terminate her fundamental right to life under the Florida and federal
Constitutions, without any evidence -- let alone clear and convincing
evidence -- that she favors oral starvation and [de]hydration."
Probate Judge George Greer (Photo: Bay
News 9) |
"The guardianship court recently prohibited the provision of such
therapy requested by Terri's parents," Bush wrote, recalling Greer's Sept.
17 ruling. "Such prohibition is impermissible in the context of the
Section
765.401 [of the Florida Code] action to terminate life-prolonging
procedures and is an impermissible deprivation of Terri's rights under
Florida's guardianship law and her right to life under the Florida and
federal constitutions."
Nor does the court alone bear the blame, he stated, as the guardian has
a responsibility to protect the ward.
"If the guardian [Michael Schiavo] and the courts refuse to entertain
such an option [rehabilitation], they are arbitrarily and capriciously
depriving Terri of her constitutional right to life," Bush declared.
Contacted for comment, a spokesperson in the governor's press office
said no statements had been issued regarding Bush's action and none were
contemplated.
"The amicus memorandum is public and we're letting it speak to the
issues," she said.
Legal documents and information on Terri is posted on the family's
website.
Previous stories
Florida AG intervenes in Schiavo lawsuit
12 days left for Schindler-Schiavo
Order signed for starvation of disabled woman
Disabled woman wins reprieve
Another 9-11 date with death
Federal judge considers Schiavo case
Federal Court grants emergency hearing in Schiavo case
Attorney: Jeb Bush letter only a 'good first step'
Gov. Bush's plea for Schindler-Schiavo rejected
Jeb Bush intervenes for Schindler-Schiavo
Legal setbacks clear way for Schiavo starvation
Schindler-Schiavo on 'death row'
Husband bars priest from brain-damaged wife
Brain-damaged woman hospitalized
Fight for life bombshell: Terri trying to talk
Petition drive launched for Terri Schiavo
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=34974
|
Concerning Michael - Starve My
Wife To Death Countdown Clock
Sat Oct 18 20:13:15 2003
64.140.158.125
How Many Calls Does it Take to Get Governor Jeb Bush to get involved?
The Glenn Beck Program has contacted the office of Florida Governor Jeb Bush
12 times in an effort to get him involved with this case, however to this
point we have yet to receive a response. So for every time we call Jeb, from
now until August 31st, we'll give him a new butterfly ballot to symbolize the
additional calls he's received while maintaining his silence on this life or
death issue
concerning Michael:::
798.01. Living in open adultery
Whoever lives in an open state of adultery shall be guilty of a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083. Where
either of the parties living in an open state of adultery is married, both
parties so living shall be deemed to be guilty of the offense provided for in
this section.
http://www.sodomy.org/laws/florida/cohabitation.html
Searched the web for "Michael Schiavo".
The Michael Schiavo Starve My Wife To Death Countdown Clock
... But wait, there's more.... The Michael Schiavo Piggy Bank So you're
asking, what
is the Michael Schiavo Piggy Bank and what does it have to do with anything?
...
http://www.glennbeck.com/news/08122003-1.shtml
======================
webfairy@thewebfairy.com
wrote:
It would be interesting to discover where Michael Schivaro's pull comes from.
She arrived at the hospital with multiple fractures, and it all goes down as a
"heart
attack" or something natural. Not just anybody can try to strangle their wife,
and get
it called natural causes.
Was it that Terri knew too much?
What is her husband involved in?
What is his cover-life?
He must be really important in the secret society of winkers and nodders who
look the
other way on command.
On who's command was Michael Schivaro given License to Kill?
> APFN wrote:
>
>* Thou Shall Not Kill - Exodus 20:13 — MCAC, Sat Oct 18 17:07
>
> Steven Ertelt
IS TERRY DEAD YET? - Terri Schiavo wants to live
> Sat Oct 18 19:04:01 2003
>
http://disc.server.com/discussion.cgi?disc=149495;article=45489;title=APFN
>
JUSTICE IN AMERICA
DEHUMANIZING THE DISABLED
Editorial - Bob Schindler
http://www.glennbeck.com/news/07282003.shtml
STG. RUSSO - POLICE DEPT. SAYS IT'S A COURT THING AND HANGS UP
ON YOU.... CALL: 727-541-0759 CHECK IT OUT!
I CALLED TWICE!
SEE FOR YOURSELF!
Terri Schiavo's life, case
enter final chapter
http://www.sptimes.com/News/041901/TampaBay/Terri_Schiavo_s_life_.shtml
The Hearing to Save Terri Schiavo's
Life
http://www.ragged-edge-mag.com/1102/1102ft1.html
Court to Decide Coma Victim's Fate
http://www.worldrtd.org/floridacourt.html
JUSTICE IN AMERICA - DEHUMANIZING
THE DISABLED
http://www.glennbeck.com/news/07282003.shtml
Terri
Terri was 26 years old when she suffered brain damage
from a sudden collapse. Terri receives her food and water by means of a
feeding tube. Terri’s other bodily functions are physically stable. Terri
smiles, laughs and cries. Terri recognizes voices and responds. At times,
she vocalizes sounds, trying in her best way to speak. Terri is not a brain
dead vegetable as characterized by her husband and legal guardian, Michael
Schiavo nor a houseplant as implied by his attorney. Terri is not on
a respirator or any artificial life support. She is a living human being and
needs to be granted an opportunity to recover. Terri has not had any
progressive rehabilitation or arousal therapy in more than ten years.
In a trial initiated by Michael Schiavo, Circuit
Court Judge, George W. Greer, issued a verdict delivered on February 11,
2000. Judge Greer granted authorization to discontinue Terri’s feeding tube.
Judge Greer’s verdict will cause Terri to die in 10 to 14 days. Terri’s
death will be by painful starvation.
http://www.terrisfight.org/situation.htm
Terri Schiavo Video
(Video Requires Real Player -
Get it Here)
This is a video clip of the video
showing Terri tracking a balloon at the command of an examining doctor. This
is one of many clips presented to the court as evidence that Terri is not
"Brain Dead" as she is being depicted by Schiavo's attorney, George Felos. He
refers to Terri in court as a "House Plant." As you can readily see, Terri is
obeying commands, which should make her legally ineligible to have her feeding
removed. Never the less, the court ordered her to die.
Terri Schiavo
Overview and Update
Terri Schiavo was sentenced to death as a result of her husband petitioning
the court to end her life. After a January 2000 bench trial, Judge George
Greer (Florida 6th District Circuit Court) issued an order to withdraw Terri’s
feeding, thereby causing Terri to die of starvation.
In April 2001, after all appeals failed, Terri’s food and water was withheld
for 60 hours. Miraculously, new evidence convinced a different Judge to
restore Terri’s feeding, which led to an August 2001 Judge Greer court
hearing. Once again Judge Greer issued a new death sentence. That sentence was
successfully appealed, which led to an October 2002 bench trial in Judge
Greer’s courtroom.
In November 2002, Judge Greer once again issued an order to remove Terri’s
food and water. An appeal with the 2nd Distrct Appellate Court failed. Judge
Greer was instructed to begin the process of Terri’s execution on July 25,
2003. But, on that final day, the Appellate Court issued a 30 day “stay” of
execution.
With a “stay” in place, Judge Greer’s latest death order will be appealed with
the Florida Supreme Court. Outraged that the court has ignored pertinent
favorable evidence in Terri’s case, her family is requesting Florida Governor
Jeb Bush to conduct an investigation into the court’s inappropriate behavior.
http://www.glennbeck.com/news/07282003.shtml
JUSTICE IN AMERICA
DEHUMANIZING THE DISABLED
Editorial - Bob Schindler
http://www.glennbeck.com/news/07282003.shtml
Did you know in our country, the law can be manipulated to allow a husband or
a wife to legally murder their spouse? It can easily be accomplished –IF-
their spouse is disabled and –If- they are recognized by the court as the
spouse’s legal guardian.
It’s not that difficult. Oversimplified, (using the husband as an example)
sometime during the day he can go to court, get the court’s stamp of approval,
then go home, have dinner with his girlfriend and plan how to use the money he
will inherit when his wife dies. The only chance the wife has to survive, is
for someone outside this intimate death circle to object. But, that is not a
guaranteed formula for success.
In some primitive cultures, it’s acceptable for husbands to abuse or kill
their wives. In our culture, we consider that conduct barbaric. However,
throughout the United States, it is permissible for a husband of a disabled
wife to decide to end her life by deliberately depriving her of food and
water, causing his wife to die of starvation.
Closer to home, it is happening to a member of our family,. In Florida where
Michael Schiavo, husband of Terri Schiavo and “partner” of another women (who
is the mother of his child), has – with the help of his paid selected medical
“experts” – persuaded a court that his wife would be better off dead. And,
unbelievably, this is all very legal. A Florida Judge sentenced Terri to die
of starvation.
How Could This Happen?
Over the years, a slow, relentless movement has been covertly programming
society to dehumanize people with disabilities. History teaches us that entire
groups of people have been victimized, most frequently based on ethnicity or
race. And it also teaches us that, before they become victims, members of the
targeted class are portrayed as subhuman. That is what is taking place now.
People with severe disabilities are just the newest class of people deemed to
be subhuman. We pay great lip service in this country to disability rights,
but as the degree of a person’s disability increases, the level of legal
protection that person receives –decreases-.
"First they came for the Communists, but I was not a Communist - so I said
nothing. Then they came for the Social Democrats, but I was not a Social
Democrat - so I did nothing. Then they came for the trade unionists, but I was
not a trade unionist. And then they came for the Jews, but I was not a Jew -
so I did little. Then when they came for me, there was no one left who could
stand up for me." Martin Niemoeller survived 7 years in Nazi concentration
camps.
Isn’t There Justice In The Legal System?
When Terri’s husband petitioned to end Terri’s life, the court set the stage
for the “battle of the medical experts.” These are experts whose opinions
about Terri’s abilities would influence the court to determine whether she
lives or dies.
But who are these experts that play such a vital role in determining an
individual’s fate? Generally, these experts are –paid- professionals, who will
slant their opinions according to their employer’s wishes. Theoretically, they
could testify on an issue one day and their testimony on the same issue could
be 180 degrees apart the next day, depending on their clients instructions.
Incredibly, the courts justify their determinations predicated on the
testimony of these -for hire- professionals.
In Terri’s trial, a high profile neurologist was one of those so–called
experts selected by Michael Schiavo to testify on his behalf to have Terri
die. This neurologist travels the country and is routinely the imported star
expert witness in virtually all high profile cases surrounding the removal of
food and fluids. He has a track record of consistency when it comes to
dehumanizing severely disabled people and advocating that they be denied food
and fluids, no matter how provided.
Under oath, his statements over the years are a study in bigotry. For example:
* In the Cruzan case (Missouri), he testified that, even if a severely
brain-damaged individual can take food by mouth, spoon-feeding is denied
because to spoon-feed the person “would be totally inconsistent” with what is
wanted (i.e. the disabled person’s death).
* In the Martin case (Michigan), he denigrated Michael Martin’s ability to
participate in simple card games or to select colors and numbers. He even said
the man’s smiles were meaningless.
* In the Wendland case (California), he claimed that Robert Wendland’s
abilities – to operate his own wheelchair, draw circles, turn pages and write
the first letter of his name – did not indicate mental awareness, but were
bizarre, not unlike the activities of a trained dog.
* In Terri’s case (Florida), in what he admitted was an incomplete exam, he
asked Terri to follow a balloon with her eyes as he moved it about the room.
When she complied, moving her head from side to side to keep the balloon in
her line of sight, he exclaimed, “There we go! That’s good! That’s good!”
Nonetheless, he later testified that she wasn’t really seeing it, she only
looked like she was looking, and she was totally lacking in mental awareness.
In both the Martin and Wendland cases, the courts wisely found that the
vulnerable spouses should not be starved and dehydrated to death.
But, even though 10 physicians are on record with the court saying that Terri
was aware and her condition could improve with therapy, the Florida court
wasn’t interested. They embraced the claims that Terri has no mental
awareness. Yet the trial Judge (and appeal Judges) saw videos showing Terri
closely watching her family’s movement, verbalizing in response to questions,
responding to simple commands, and laughing when listening to her favorite
music.
In reality, Terri condition is far from the legal guidelines permitting
starvation deaths. The truth is Terri was sentenced to death for the “crime”
of being disabled and dependent. You see, Terri fits into the category of
people mentioned for whom protections are extremely limited. Our society is
now conditioned to evaluate people based on their “quality of life.” This
philosophy says people who are different, as are many in the disabled
community, are unacceptable and unworthy of living.
Please Consider This
* If that person happened to be a convicted murderer on death row, the courts
in our country would never authorize starvation as a method of carrying out
the court ordered death sentence. Starvation in unacceptable in that it is too
cruel.
* Starvation death of an animal is also unacceptable to our society. If a man
were to cause his pet dog or cat’s death by withholding food and water from
it, he would be prosecuted for abuse. Yet, if that same animal abuser wanted
to starve his wife to death, most likely the courts would approve.
Where Is The Conscience of Our Judges?
Starving a human being to death is cruel and insane. If any person – whether
that person is a healthy or a severely disabled individual – is denied food
and any fluids, that person will die an intensely painful death within 5 to 21
days.
I am confident you will understand why I feel very strongly about this issue.
The severely disabled woman, who is currently facing a court imposed
starvation death sentence, is my daughter –Terri-
Bob Schindler
(Terri’s Dad)
What Has Happened To The Morality in Our Beloved Country?
==============================
Terri Schiavo Video - REAL PLAYER
http://mfile.akamai.com/6713/rm/glennbeck.download.akamai.com/6713/preview/03/07/Clip3.rm
Visit the Terri Schindler-Schiavo Website for the latest updates on this
situation
http://www.terrisfight.org/
Terri Schiavo Overview and Update
Terri Schiavo was sentenced to death as a result of her husband petitioning
the court to end her life. After a January 2000 bench trial, Judge George
Greer (Florida 6th District Circuit Court) issued an order to withdraw Terri’s
feeding, thereby causing Terri to die of starvation.
In April 2001, after all appeals failed, Terri’s food and water was withheld
for 60 hours. Miraculously, new evidence convinced a different Judge to
restore Terri’s feeding, which led to an August 2001 Judge Greer court
hearing. Once again Judge Greer issued a new death sentence. That sentence was
successfully appealed, which led to an October 2002 bench trial in Judge
Greer’s courtroom.
In November 2002, Judge Greer once again issued an order to remove Terri’s
food and water. An appeal with the 2nd Distrct Appellate Court failed. Judge
Greer was instructed to begin the process of Terri’s execution on July 25,
2003. But, on that final day, the Appellate Court issued a 30 day “stay” of
execution.
With a “stay” in place, Judge Greer’s latest death order will be appealed with
the Florida Supreme Court. Outraged that the court has ignored pertinent
favorable evidence in Terri’s case, her family is requesting Florida Governor
Jeb Bush to conduct an investigation into the court’s inappropriate behavior.
Mary
765.309 Mercy killing or euthanasia not authorized;
Sun Oct 19 00:29:21 2003
64.140.158.21
Searched the web for 765.309 Mercy killing or euthanasia not authorized;.
Results 1 - 8
THIS IS BEING SENT TO THE RADIO TALK SHOW HOSTS. LET'S SEE WHAT
HAPPENS NOW FOLKS. HEADS TERRI
WINS OUT - TAILS SHE LOSES.
The 2003 Florida Statutes
765.309 Mercy killing or euthanasia not authorized; suicide distinguished.--
(1) Nothing in this chapter shall be construed to condone, authorize, or
approve mercy killing or euthanasia, or to permit any affirmative or
deliberate act or omission to end life other than to permit the natural
process of dying.
(2) The withholding or withdrawal of life-prolonging procedures from a patient
in accordance with any provision of this chapter does not, for any purpose,
constitute a suicide.
History.--s. 4, ch. 92-199.
Comment by Peter Kawaja: Starvation and/or Dehydration is NOT a natural
process of dying.
=====================================
http://www.flacathconf.org/Legislativeissues/Positionpapers/Assistedsuicide00pp.htm
Life is the most basic gift of a loving God, "a sacred trust over which we can
claim stewardship, but not absolute dominion. Therefore, the Church condemns
all attacks on life at any of its stages, including murder, euthanasia, and
willful suicide. It matters not whether death results from an affirmative act
or a deliberate omission intended to cause death. These prohibitions against
murder, euthanasia, suicide and assisted suicide are based on the inherent
dignity and fundamental value of each human being, and thus cannot be rejected
on the grounds of political pluralism or religious freedom." (Life, Death and
Treatment of Dying Patients statement of Catholic Bishops of Florida, April
1989)
Our tradition, declaring a moral obligation to care for our own life and
health and to seek such care from others, recognizes that we are not obligated
to use all available medical procedures in every set of circumstances. To take
another's life though, or to assist in killing another, are very different
things on which Florida's laws are specific:
782.08 Florida Statute: Assisting Self-Murder. -- Every person deliberately
assisting another in the commission of self-murder shall be guilty of
manslaughter, a felony of the second degree, punishable as provided in
s.775.082, s. 775.083 or s.775.084.
765.309 Florida Statute: Mercy Killing of Euthanasia Not Authorized; Suicide
Distinguished. -- (1) Nothing in this chapter shall be construed to condone,
authorize, or approve mercy killing or euthanasia, or to permit any
affirmative or deliberate act of omission to end the life other than to permit
the natural process of dying. (2) The withholding or withdrawal of
life-prolonging procedures from a patient in accordance with any provision of
this chapter does not, for any purpose, constitute a suicide.
458.326 Florida Statute: Intractable Pain; Authorized Treatment. -- (4)
Nothing in this section shall be construed to condone, authorize, or approve
mercy killing or euthanasia, and no treatment authorized by this section may
be used for such purpose.
Florida's prohibitions against assisted suicide protects not only the
terminally ill, but also the chronically ill, the severely handicapped,
persons with disabilities and the elderly.
We urge policy makers to preserve Florida Statutes in opposition to assisted
suicide and "so called" mercy killing and to address alternative solutions to
the problems assisted suicide seeks to solve. Our best response will involve
easing suffering, keeping company with dying patients, and affirming the
dignity of their lives at every stage. Few dying patients express any suicidal
wishes once they receive the kind of supportive care that can be found in
modern hospices. Great advances have been made in pain management so that no
one need be in serious pain while dying. The American Medical Association
recognizes this and is attempting to educate more physicians on the latest
advances in these treatments.
We express sympathy and have due respect for the fears experienced by dying
patients -- fear of pain, loss of control and dignity, and being a burden to
families -- but supportive care for the patient and family will help eliminate
the suffering without eliminating the patient.
February 2000
============================
ACLU in the Courts
... also be construed to be prohibited by Section 765.309, which states ...
shall be construed
to condone, authorize, or approve mercy killing or euthanasia, or to ...
http://archive.aclu.org/court/mciver.html
[snip]
1. This action challenges whether Fla. Stat. § 782.08, which makes it a crime
for one to assist another in suicide, is unconstitutional as applied to
prevent an adult, who is mentally competent, terminally ill, and acting under
no undue influence, from hastening his own death by taking a lethal dose of
drugs prescribed by his doctor; and whether the state medical regulatory
authorities may discipline a physician for providing such assistance.
2. The plaintiffs seek a temporary injunction, a declaratory judgment and
permanent injunctive relief pursuant to the United States Constitution;
Article I, Section 23 of the Florida Constitution, the Privacy Amendment; 42
U.S.C. § 1983, the Civil Rights Act of 1879; and Section 86.011 et seq.,
Florida Statutes.
3. The plaintiff Dr. Cecil McIver, M.D., is a physician duly licensed to
practice medicine in the State of Florida and practicing in Jupiter, Palm
Beach County, Florida. Venue lies in Palm Beach County pursuant to Florida
Statutes § 47.011. Dr. McIver seeks direct judicial protection from the
defendants' unlawful invasion of his fundamental constitutional rights, and
the constitutional rights he asserts on behalf of his patients.
4. Moreover, the Court should dispense with any home venue privilege, if one
exists for any or all defendants, because fairness, justice, and convenience
would be furthered in view of the circumstances presented and the interests of
all parties.
5. The defendants' unlawful action is imminently threatened in Palm Beach
County, where Dr. McIver's practice is located, within the jurisdiction of
Barry Krischer, the State Attorney of the 15th Judicial Circuit.
6. The plaintiff C.B. ("Chuck") Castonguay is a resident of Edgewater, in
Volusia County, Florida, within the jurisdiction of Steve Alexander, the State
Attorney of the 7th Judicial Circuit.
7. The plaintiff Robert G. Cron is a resident of Oldsmar, in Pinellas County,
Florida, within the jurisdiction of Bernie McCabe, the State Attorney of the
6th Judicial Circuit.
8. The plaintiff Charles E. Hall is a resident of Beverly Hills, in Citrus
County, Florida, within the jurisdiction of Brad King, the State Attorney of
the 5th Judicial Circuit.
9. The defendants, Barry Krischer, Brad King, Bernie McCabe and Steve
Alexander (hereinafter the "State Attorneys"), act under color of state law
when acting in their official capacities. Each is vested with the sole
authority to determine whom to prosecute within his territorial jurisdiction
under Florida Statutes Section 782.08, entitled "assisting self murder," which
provides:
Every person deliberately assisting another in the commission of self-murder
shall be guilty of manslaughter, a felony of the second degree ...
10. Dr. McIver is actually threatened with imminent prosecution by any one of
the State Attorneys for a violation of Section 782.08 if he provides the
treatment that his patients seek and that he, in the exercise of his best
professional judgment, believes is appropriate. The declaratory and injunctive
relief sought in this action therefore would affect his rights and the rights
he asserts on behalf of his patients.
11. The defendants, Dr. Fuad S. Ashkar, M.D., Dr. James Cerda, M.D., Dr.
Edward A. Dauer, M.D., Becky Cherney, Dr. Emilio Echevarría, M.D., Dr. Georges
A. El-Bahri, M.D., Dr. Martin J. Fenwick, M.D., Dr. Mary Kathryn Garrett,
M.D., Dr. John W. Glotfelty, M.D., Dr. Louis C. Murray, M.D., Dr. Margaret C.S.
Skinner, M.D., Cecile M. Scoon, Esq., H. Fred Varn, Dr. Gary E. Winchester,
M.D., and Dr. Abraham L. Woods, M.D. (collectively, the "Board"), are members
of the Board of Medicine of the State of Florida, Agency for Health Care
Administration.
12. Each member of the Board is sued in his or her official capacity. The
Board is created by Fla. Stat. § 458.301 et seq. and vested with the authority
to grant, deny, revoke, and otherwise regulate a physician's license to
practice medicine in Florida. The Board is additionally authorized to
investigate physicians and impose a wide range of sanctions for misconduct.
13. The Board acts under color of state law in all these activities.
14. Dr. McIver is actually threatened with imminent disciplinary action by the
Board if he provides the treatment that his patient seeks and that he, in the
exercise of his best professional judgment, believes is appropriate. The
declaratory and injunctive relief sought in this action therefore would affect
his fundamental constitutional rights and the rights he asserts on behalf of
his patients.
15. The State Attorneys and the Board are additionally authorized by Florida
Statutes to take other actions prejudicial to Dr. McIver if he enables the
plaintiffs Castonguay, Cron and Hall to terminate their own suffering,
including, but not limited to:
(a) A conviction under the assisted suicide statute could lead to disciplinary
action by the Board. See Fla. Stat. § 458.331(1)(c) (creating the disciplinary
violation of "[b]eing convicted ... of ... a crime ... which directly relates
to the practice of medicine").
(b) The assistance sought by the plaintiffs Castonguay, Cron and Hall could be
construed to violate Fla. Stat. § 458.326(4) ("Nothing in this section shall
be construed to condone, authorize, or approve mercy killing or euthanasia,
and no treatment authorized by this section may be used for such purpose.").
In turn, such a violation could lead to Dr. McIver's prosecution for a crime
pursuant to Fla. Stat. § 458.327(2)(a) (creating a second-degree misdemeanor
for "[k]nowingly concealing information relating to violations of this
chapter").
(c) The assistance Dr. McIver seeks to provide to the plaintiffs Castonguay,
Cron and Hall could also be construed to be prohibited by Section 765.309,
which states that nothing in the chapter on the lawful withholding or
withdrawal of life-prolonging procedures "shall be construed to condone,
authorize, or approve mercy killing or euthanasia, or to permit any
affirmative or deliberate act or omission to end life other than to permit the
natural process of dying."
Castonguay
16. Castonguay, a writer, suffers from cancer of the esophagus, which has
spread into his chest. He is also a childhood polio victim. He is 65.
17. His cancer was diagnosed in April 1995. Informed that medical science
could offer no curative measures, he declined therapy that he felt would only
prolong his illness. He had previously, at age 53, survived a malignant
melanoma.
18. Castonguay is under the care of Hospice and is provided with morphine to
control the pain in his right side. His weight has fallen from 145 pounds to
112.
19. He moves with great difficulty because of general weakness from his cancer
coupled with the lifelong weakness in his legs caused by his childhood polio.
He has difficulty speaking and swallowing.
20. He recognizes that his condition is deteriorating and he wishes to control
the terminal stages of his inevitable decline. His major concern is a
progressive erosion in the quality of his life. Describing himself as a
"planner," he wants to "keep one jump ahead" and control the circumstances of
his death.
Cron
21. Cron, the retired owner of a Clearwater printing business, suffers from
mesothelioma, a cancer of the lining of the chest cavity. He is 72.
22. Cron took ill in September 1994, complaining of shortness of breath. He
was experiencing fluid buildup on the pleural space surrounding the lungs.
Upon diagnosis of his cancer, he underwent treatment which consisted of
obliterating the pleural space, which prevented the possibility of further
fluid buildup in his chest, and chemotherapy.
23. At the end of his treatment his physician informed him that no known
therapy was likely to benefit him and that his condition was terminal. There
is no reasonable doubt about his prognosis.
24. Cron's wife and family fully understand and support his decision. Indeed,
his decision is motivated in part by a desire to minimize the emotional trauma
his death will cause to them.
[snip]
http://archive.aclu.org/court/mciver.html
mrs_bberger
I called 727-541-0759 and asked to speak to Sgt Russo.
Sat Oct 18 23:51:43 2003
64.140.158.21
This afternoon I called 727-541-0759 and asked to speak to Sgt Russo.
The switchboard operator said he was out of the office and could she
take a message. I said, "Yes, I am calling to request that Terri
Sciavo be allowed to have the last rites." She said that she didn't
know where people were getting Sgt. Russo's name and that he had
nothing to do with that and that the police there weren't even their
men. (I'm sure she was lying.) She also said that the priest was not
on the list of approved visitors. I said, "Is there a court order
forbidding her to have communion?" She said that is a state matter
and I have other calls to answer. Then she hung up. I called back
and this time got a male dispatcher. As soon as he answered I
asked, "Who is in charge of guarding Terri Schiavo?" And he
replied, "Sqt Schoville." (or Schofield - not perfectly sure
which.) I asked how I could get to talk to him and he said, "You
can't." You will have to have Terri Schaevo's husband's
permission." I asked if there is a court order forbidding her to
have the last rites and he said he had other calls to answer and hung
up.
I don't know what anyone can make of this information, but maybe it
is helpful to someone who can figure out what to do. I am sure they
are all lying. They just want her dead no matter what. I cannot
understand this. At the senior center the other day while I was
attempting to tell the people I was eating with of the torture Terri
is being forced to undergo, I was looked at (by the smart
sophisticated old ones, but not all) as some kind of a nut and they
said, "If I was in that condition, I wouldn't WANT to live." And
they all congratulated themselves and each other that they had
made "living wills" where they wouldn't have to have extraordinary
medical measures and how you should never call 911 because they don't
have your living will and will hook you up.
I just cannot relate. I feel like such an anachronism. Even some of
the OLD people are into the death culture.
I think I will leave a living will saying I want them to all go broke
giving me therapy to restore my health. Lawyers have been pushing
this "living will" thing for a long time but who would have ever
thought that food and water would be considered extraordinary medical
care. I don't fear death, having avoided it narrowly on more than
one occasion. But to me, life is the highest value on earth and we
as human beings have an obligation to promote it.
I am grieving for the death not only of Terri, but of our wonderful
American society, champion of the underdog and blessed by God.
----------------------------
* CONTACT JUDGE GREER!!! — DLC, Sat Oct 18 19:39
==============================================
CALL STG. RUSSO 727-541-0759 -- ARREST Michael Schiavo
http://disc.server.com/discussion.cgi?disc=149495;article=45498;title=APFN
Nancy Frazier O'Brien
Michael Schiavo has a child with another woman
Sat Oct 18 22:21:44 2003
64.140.158.125
Michael Schiavo now has a child -- and a second one on the way --
with another woman but remains married to Terri and in control of
her medical fund and her fate.
798.01. Living in open adultery
Whoever lives in an open state of adultery shall be guilty of a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083. Where
either of the parties living in an open state of adultery is married, both
parties so living shall be deemed to be guilty of the offense provided for in
this section.
http://www.sodomy.org/laws/florida/cohabitation.html
CALL STG. RUSSO 727-541-0759 -- ARREST Michael Schiavo
"(The Schindlers) are about to lose their daughter because no
one wants to put a teaspoon of Jello to her mouth. It's insane,"
said attorney Christopher Ferrara of the American Catholic Lawyers
Association at a hearing in Clearwater, Fla., before Circuit Court
Judge George Greer in September.
http://www.catholicnews.com/data/stories/cns/20031017.htm
Searched the web for "Michael Schiavo". Results 1 - 10 of about 3,170
WASHINGTON LETTER Oct-17-2003 (940 words) Backgrounder and analysis. With
photos posted Oct. 15 and 16. xxxn
Lessons learned from the impending death of a Florida woman
By Nancy Frazier O'Brien
Catholic News Service
WASHINGTON (CNS) -- The life and impending death of a Florida woman named
Terri Schindler Schiavo offer a number of lessons for those who have watched
her relatives fight about her fate since a court first ordered her feeding
tube withdrawn more than three-and-a-half years ago.
For the cynical, the lesson might be to make sure you really know the person
who might have to make the decisions about your life and death. For Terri
Schiavo, who had no will or advance health care directives, that is her
husband, Michael Schiavo, who won $1.3 million for her care but has had to be
brought to court to authorize routine treatment of Terri's infections.
Michael Schiavo now has a child -- and a second one on the way -- with another
woman but remains married to Terri and in control of her medical fund and her
fate.
Despite the best efforts of Terri's parents, Bob and Mary Schindler, the
39-year-old woman's feeding tube -- through which she has received food and
water for the past 13 years -- was removed Oct. 15; she was expected to die
within two weeks.
For those with a serious illness or severe disability, the lesson offered by
the Schiavo case might be a chilling one -- you'd better be sure you can prove
you want to live (and are worthy of it) if times get tough or your health care
expenses mount too high.
"(The Schindlers) are about to lose their daughter because no one wants to put
a teaspoon of Jello to her mouth. It's insane," said attorney Christopher
Ferrara of the American Catholic Lawyers Association at a hearing in
Clearwater, Fla., before Circuit Court Judge George Greer in September.
For students of modern health care practices designed to extend life, the
lesson might be how far things have come since the parents of Karen Ann
Quinlan won their court battle in 1976 to remove their daughter from a
respirator after she went into a "persistent vegetative state."
The withdrawal of food and water was never proposed in the case of Quinlan,
who began breathing on her own when the respirator was removed and died nearly
10 years later in a New Jersey nursing home.
"Tragically, denial of basic sustenance to people with disabilities is neither
unusual nor new in our country," the National Right to Life Committee said in
an Oct. 15 statement. "For about two decades, the law in virtually every state
has decreed that 'surrogates' may authorize denial of treatment to those who
cannot speak for themselves. Consequently, vulnerable people with impaired
consciousness have routinely been denied life-saving treatment, food and
fluids until they die."
No medical consensus exists that Terri Schiavo is in a persistent vegetative
state.
"Over the last 13 years, Terri has laughed with us, cried with us, talked with
us, and even tried to get out of her chair," said her parents in an Oct. 13
statement. "The accusations that Terri is in a coma or is a 'vegetable' are a
lie."
Perhaps the most disheartening lesson in the tragic case of Terri Schiavo was
how little influence Catholic ethical teachings have had on the decisions that
are leading to her death.
Terri Schiavo and the Schindler family are Catholics, although Michael Schiavo
has said Terri did not go to Mass on a regular basis during the five years of
their marriage before she fell ill. Terri collapsed at their home in 1990 due
to what doctors believe was a potassium imbalance, causing her brain to be
deprived of oxygen for several minutes.
Msgr. Thaddeus Malanowski, a retired brigadier general and retired priest of
the Diocese of Norwich, Conn., is a Schindler family friend and frequent
visitor to Terri Schiavo's bedside. Shortly after the feeding tube was
removed, he gave her the anointing of the sick and touched a relic of Mother
Teresa of Calcutta to Schiavo's forehead, cheek and throat.
"This hurts," he said. "She is like an adopted sister to me."
The Florida Catholic bishops have urged that artificial nutrition and
hydration be continued until "a more clear understanding of her actual
physical condition" could be reached.
They cited church teaching that "there should be a presumption in favor of
providing medically assisted nutrition and hydration to all patients as long
as it is of sufficient benefit to outweigh the burdens involved to the
patient."
But a priest testified at a 1990 trial that the removal of Terri Schiavo's
feeding tube "would be consistent with the teaching of the Catholic Church" if
she had, in fact, expressed a view that she would not want to be kept alive
artificially.
No consensus exists on that question, either. Michael Schiavo says Terri
expressed that view when she was in her early 20s but no one else heard it.
"What makes this case very sad is that there seems to be irreconcilable
disagreement between Terri Schiavo's parents and siblings, who wish her care
to continue, and her husband and the courts, who seek what we consider a
too-hasty end to this unfortunate woman's life," said Archbishop John F.
Donoghue of Atlanta in a recent statement.
He called on Catholics to take steps to "prevent this same kind of tragic
impasse from occurring within our families and our communities." These steps
could include discussions with family members and physicians and execution of
an advance directive or "living will" that makes "our wishes clear, should our
competence be impaired," he said.
And that might be the most important lesson of all.
END
========================================
Attn Judge Greer - The world is watching.....
http://disc.server.com/discussion.cgi?disc=149495;article=45497;title=APFN
Did you know in our country, the law can be manipulated to allow a husband or
a wife to legally murder their spouse? It can easily be accomplished –IF-
their
spouse is disabled and –If- they are recognized by the court as the spouse’s
legal guardian.
http://www.glennbeck.com/news/07282003.shtml
Thou Shall Not Kill - Exodus 20:13
http://disc.server.com/discussion.cgi?disc=149495;article=45487;title=APFN
TERRORISM-Death by Starvation
But it is also true that Frank was a willing and knowing participant in the
use of terrorism in Poland; in the economic exploitation of Poland in a way
which led to the death by starvation of a large number of people; in the
deportation to Germany as slave laborers of over a million Poles; and in a
programme involving the murder of at least three million Jews.
http://www.law.duke.edu/journals/djcil/articles/djcil7p461.htm
========================================================
Doctor Disputes Media Claims Terri Will Not Suffer Agonizing Death
by Steven Ertelt
LifeNews.com Editor
October 16, 2003
http://www.lifenews.com/bio89.html
Clearwater, FL (LifeNews.com) -- While Michael Schiavo and some media outlets
claim Terri Schiavo will die in peace, doctors say Terri's starvation death
will be agonizing and painful.
David Stevens, M.D., executive director of the Christian Medical Association,
says Terri will suffer in part because she, despite media reports to the
contrary, is not in a persistive vegetative state.
PVS patients are those who "are unaware of themselves, their environment and
are unable to interact with others in any way," Stevens told
LifeNews.com.
"They can breathe and retain some brainstem reflexes but they are not able to
sit up or do other things that Terri can do."
Stevens says that when feeding tubes are withdrawn patients should still
receive food and water orally. That is not the case with Terri as Michael
Schiavo decided against it and Judge Greer affirmed his decision.
"Nutrition and fluids or a universal human biologic requirement and a
fundamental demonstration of human caring," Stevens explained.
As far as Terri's starvation is concerned, some media outlets have reported
that Terri "won't feel a thing" because she will be prescribed pain
medications. In fact, Michael contends Terri has had no feeling since her 1991
heart attack.
Peggy Guin, a nursing instructor at
Shands Hospital at the University of
Florida, told the Tampa Tribune that her experience with patients removed from
feeding tubes shows they feel no pain.
Kenneth Goodman, director of bioethics at the University of Miami School of
Medicine, told the newspaper "she is not going to feel a thing."
"There is nothing unusual about terminating hydration and nutrition,'' Goodman
said. "The reason why Florida law allows it, and the other 49 states allow it,
is obviously that this can be done in a way that is pain-free and dignified.
That is why it is legal.''
Stevens strongly disagrees.
"Without intervention Terri will not have a comfortable death," Stevens told
LifeNews.com.
Technically, Terri will die from dehydration, not starvation.
"Her progression will go from thirst to extreme thirst. [Terri] is likely to
cry and moan till she is so dehydrated she won't have tears and her mouth is
too dry and cracked to make sounds," says Stevens.
"If she gets any fluids in by mouth (if they are allowed) the process could
take longer," Stevens tells
LifeNews.com.
Terri will likely suffer numerous symptoms over time, and they will get worse
the longer it takes for her to die.
"She may have nose bleeds as the mucous dries out. She will probably
experience nausea, vomiting and cramps as her intestines dehydrate. She will
decrease her urine output, have dizziness, cramping in the arms and legs as
her electrolytes get out of balance," Stevens explains.
Unless Terri's feeding tube is reinserted quickly or she is able to receive
food and water orally, her situation may grow worse.
"She may have seizures and even further brain damage during the process,"
Stevens concludes.
================
* CONTACT JUDGE GREER!!!
George W. Greer
Rm. 484, 315 Court Street
Clearwater, FL 33756
(727) 464-3933
Circuit Probate 3
e-mail address of the courthouse
courts@jud6.org
Judical Watch
GOV. BUSH HAS AUTHORITY TO STOP DEATH OF TERRI
SCHIAVO
Sat Oct 18 21:17:54 2003
64.140.158.125
GOV. BUSH HAS AUTHORITY TO STOP DEATH OF TERRI SCHIAVO BY DEHYDRATION &
STARVATION
http://www.judicialwatch.org/3517.shtml
Judge Ordering Terri Schiavo’s Death Violated Eighth Amendment (“Cruel and
Unusual Punishment”) & Florida’s Abuse and Neglect Statutes
Gov. Bush Should Direct Florida’s Dept. of Children and Family Services to
Intervene, Resume Nutrition & Investigate
(Washington, DC) Judicial Watch, the public interest group that investigates
and prosecutes government corruption, stated today that Florida Governor Jeb
Bush has the authority to prevent the death by starvation and dehydration of
Ms. Terri Schiavo.
Unless rapid action is taken by Governor Bush, Ms.
Schiavo will die of
dehydration; a slow, grueling death taking approximately two weeks. This form
of death entails less blood flow to major organs – the brain, kidneys, heart,
lungs and skin. The kidneys stop functioning and the body cannot expel its
waste. As Ms. Sciavo grows weaker, her breathing will become more difficult,
taking in less oxygen and expelling less carbon dioxide. U.S. law forbids
animals to die this way. The U.S. Department of Agriculture regulations (9
C.F.R. ' 2.131) specifically prohibits the withholding of food and water from
farm animals.
Pinellas County Circuit Court Judge George Greer’s ruling to remove Ms.
Schiavo’s feeding tube is the most liberal applications to date of a person’s
constitutional right to refuse medical treatment. Judge Greer did what judges
in other landmark cases did not do – ordering the end of life in opposition to
a majority of the patient’s family members.
“Ms.
Schiavo is being subjected to a cruel and inhumane form of torture that
violates her fundamental rights and human dignity, under both federal and
Florida state law. Governor Bush must immediately order the Florida Department
of Children and Family Services to intervene on behalf of Ms.
Schiavo, restore
her nutrition and initiate a full investigation of the circumstances
surrounding Ms. Schiavo’s disability. Terri
Schiavo’s life is in
Jeb Bush’s
hands,” stated Judicial Watch President Tom
Fitton.
To view a copy of the complaint filed with the Florida Department of Children
and Families, click here.
To view a copy of the cover letter sent to Governor Jeb Bush along with the
complaint, click here.
http://www.judicialwatch.org/archive/2003/jw2jebreschiavo.htm
October 17, 2003
BY FEDEX & FAX ( 850-487-0801 / 850-922-2993)
The Honorable Jeb Bush Mr. Jerry Regier
Governor Secretary
State of Florida Florida Department of Children and Families
400 S. Monroe St. 1317 Winewood Blvd.
The Capitol Building 1, Room 202
Tallahassee, FL 32399-0001 Tallahassee, FL 32399-0700
Re: Ms. Terri Schiavo
Dear Governor Bush and Secretary Regier:
Judicial Watch Inc. (“Judicial Watch”) was established in 1994 to serve as an
ethical and legal watchdog over our government, legal, and judicial systems to
promote a return to ethics and morality in our nation's public life. Judicial
Watch operates in the public interest as a non-partisan, non-profit public
interest group.
Attached is a copy of a “Fax Transmittal Form to Report Abuse / Abandonment /
Neglect / Exploitation” that we filed concerning Ms. Schiavo with the Florida
Department of Children and Families at 12:58 PM today on the department’s “Fax
Hotline” (800-914-0004).
Based on our formal complaint via the faxed report referenced above, you have
the authority and sufficient cause to immediately order the Florida Department
of Children and Family Services to intervene on behalf of Ms. Schiavo; to
restore her nutrition; and to initiate a full investigation of the
circumstances surrounding Ms. Schiavo’s disability. These actions are
consistent with Ms. Schiavo’s protections under the U.S. Constitution, the
Florida Constitution (Art. 2, ' 5), as well as Fla. Stat. ' 825.102 and Fla.
Stat. '' 782.04(2)(i), 77.04.
Your immediate attention to this important matter is appreciated.
Sincerely,
JUDICIAL WATCH, INC.
Thomas Fitton
President
Encl.
Searched news for "TERRI SCHIAVO" . Results 1 - 10 of about 975
Lisa Ruby
Legalized Murder: Terri Schiavo and Death by
Starvation
Sat Oct 18 21:04:22 2003
64.140.158.125
Legalized Murder: Terri Schiavo and Death by Starvation
Judge Greer Serves The Plan by "Finding" Terri Schivio Unconscious in
order to give the Death Order!
Author Wesley J. Smith reviewed the Schiavo case for NewsMax.com:
"In Florida, in order to dehydrate somebody there has to be a finding
that the patient is unconscious, which is what Judge Greer has done
in the Schiavo case.
"But if anybody has seen a video of Schiavo available on
Terrisfight.com [now Terrisfight.org], the video shows they will see
that she is no way unconscious. An unconscious person is utterly
unreactive – in fact that's how it's basically defined in Florida
law."
See: Legalized Murder: Terri Schiavo and Death by Starvation
http://www.newsmax.com/archives/articles/2003/9/22/165543.shtml
Lisa Ruby
http://www.libertytothecaptives.net/For_the_life_of_Terri_Schiavo.html
=====================
Legalized Murder: Terri Schiavo and Death by Starvation
Phil Brennan, NewsMax.com
Tuesday, Sept. 23, 2003 Increasingly across America, the sick and elderly,
some with terminal illnesses, are being murdered simply by withholding food
and water.
When a new edition of his book "Forced Exit, The Slippery Slope from Assisted
Suicide to Legalized Murder" was published, author Wesley J. Smith couldn’t
have known that America was so far down that slope that Florida courts were
ordering the killing, in a most barbaric way, of a disabled but conscious
woman.
Smith, a senior fellow at the Discovery Institute and an attorney and
consultant for the International Task Force on Euthanasia and Assisted
Suicide, wrote the first version of the book six years ago.
He decided that an update was needed as a result of the increased pressure by
advocates of assisted suicide and those backing euthanasia, which they call
"mercy killing."
Smith notes that "health care" policies have gone well beyond euthanasia at
the request of the sick person. Today doctors and families are taking the
life-and-death decision into their own hands and purposely withholding food
and water to kill the patient.
Often the intention might be good, such as to save the patient from a terminal
disease and pain. But the result, Smith says, is the same: It is an act of
murder. Even if the patient consents, euthanasia is a form of suicide.
Already, assisted suicide and euthanasia have been made legal or deemed
acceptable in European countries, as well as Australia and South Africa.
The Doctor Decides
In America, he writes, there is now a movement promoting what is known as the
"futile care" theory – when a doctor decides on his own that when a patient’s
quality of life is not worth living, further medical care would be futile and
could be denied.
"Today," Smith writes, "there is a systematic, nationwide attempt by many in
the bioethics movement to impose futile care upon the populace through formal
hospital protocols that give anonymous ethics committees the power to turn
thumbs up or thumbs down to wanted medical treatment deemed ‘inappropriate.’"
Those protocols, he warns, are already designed to "stack the deck" against
the patient if the doctor or hospital wants to refuse treatment.
Now a new threat has emerged, dramatized by the horrific case of Theresa
Schiavo: the demand that patients deemed no longer worth saving be killed by
the inhuman process of "dehydration" – refusing nourishment to conscious,
cognitively disabled people who need feeding tubes to stay alive. In other
words, condemning them to an excruciatingly painful death by starvation.
The practice has become commonplace in America, Smith told NewsMax.com.
"Dehydration of cognitively disabled patients occurs in all 50 states in the
United States of America," Smith explained.
"Quite often it occurs to conscious people who could feel the 10- to 14-day
agony that dehydration entails. The only way it gets stopped is if family
members disagree on the medical course. Absent family disagreement, this
happens as a matter of routine."
When Smith published the new edition of his book, the case of Theresa Schiavo,
who collapsed from cardiac arrest in 1990, had only just been brought to his
attention. Since then it has become a national cause celebre thanks to a court
decree, temporarily stalled by an injunction, ordering that she be put to
death by dehydration.
‘When Is That Bitch Gonna Die?’
The case of Terri Schiavo is a classic example of how far America has traveled
down the road to legalized euthanasia and officially sanctioned death
sentences for the disabled.
Smith reviewed the Schiavo case for NewsMax.com:
"In Florida, in order to dehydrate somebody there has to be a finding that the
patient is unconscious, which is what Judge Greer has done in the Schiavo
case.
"But if anybody has seen a video of
Schiavo available on
Terrisfight.com [now
Terrisfight.org], the video shows they will see that she is no way
unconscious. An unconscious person is utterly
unreactive – in fact that’s how
it’s basically defined in Florida law."
Swab
-Real Media
During an examination, Terri shows CLEAR annoyance with being tickled with a
cotton swab.
How's your cold
-Real Media
Terri is seen lying quietly until
her mother is in view. Terri's eyebrows pop up, she smiles broadly at her
mother and she vocalizes when her mother asks her how she is feeling.
Balloon
-Real Media
During an examination, Terri is asked to track a balloon with her eyes. She
does and the Dr. SAYS "You see that, don't you!" During his testimony,
however, he called Terri "totally unresponsive".
On one video a doctor is shown asking Terri, who has her eyes closed, "Please
open your eyes, Terri" – and her eyes flutter and open.
Big Eyes
-Real Media
During an examination, the doctor asks Terri to open her eyes wide. She opens
her eyes, turns her head and raises her eyebrows in response.
In another video her mother comes over to her bed, leans down and says, "Hi,
sweetie, how are you?" and Terri looks over, sees her mom and gets a huge
smile on her face.
|
Terri and her
Mother -Real Media
Terri is shown reacting to her
mother's affection with a glowing smile. |
That, says Smith, is not a mere reflex; "that is recognition of a mother and
the enjoyment of being loved. To say that she’s unconscious is
unconscionable."
Incredibly, the court has these facts, Smith said.
"And the court has other facts that it is also ignoring. Michael Schiavo,
Terri’s husband, filed a medical malpractice suit regarding his wife’s injury
that caused her to be cognitively disabled. He promised that he would provide
her care for the rest of her natural life because she’s not on intensive care
or anything of that sort. He brought to the jury a rehabilitation expert with
a plan to help Terri get better, but as soon as the money was in the bank,
which was $750,000 in a trust fund for Terri," he refused to allow any
rehabilitative treatments whatsoever.
"He also got $300,000 more for loss of consortium, and the money went to
lawyers," Smith explained.
"Not one day, not one hour, not one minute of rehabilitation time has Terri
been given so she could get better. It’s unconscionable.
"This despite that there are doctors testifying under penalty of perjury, not
only is Terri not unconscious, but that they believe she could be better.
There’s a speech pathologist who has testified most recently under penalty of
perjury that he believes that Terri can be weaned from the feeding tube."
Smith said, however, that "as soon as the money was in the bank, Michael put a
'do not resuscitate' order on the chart, realizing back in the early 1990s he
would inherit $750,000 if Terri died, and began to refuse medical treatment
such as antibiotics for infections and so forth. In 1998, when Terri didn't
die he filed a request with Judge Greer to be allowed to remove her feeding
tube, and that’s how this whole business started."
In a stunning sworn affidavit, Carla Sauer Iyer, a registered nurse who was
employed at Palm Garden of Largo Convalescent Center in Largo, Fla., from
April 1995 to July 1996, while Terri Schiavo was a patient there, testified:
"Throughout my time at Palm Gardens, Michael Schiavo was focused on Terri's
death. Michael would say 'When is she going to die?' 'Has she died yet?' and
'When is that bitch gonna die?'"
Others at Palm Garden also testified similarly in sworn affidavits. All swore
that Terri had spoken to them frequently and backed Iyer's recollections.
Zeroing in on Michael Schiavo's possible motives, Smith emphasized that it was
important to realize that Michael Schiavo is engaged to be married.
"He has had one baby by his fiancée, she is pregnant with a second child, they
live together and want to get married, and the reason they can’t is that
Michael's wife is still alive.
"It’s an astonishing statement of insensitivity that a judge would allow this
man with incredible conflicts of interest both financial, if any money's left
from that trust fund, and personal.
"It’s outrageous," he added, "to [allow him to] have anything to do with how
his wife is treated, and yet Judge Greer just ignores these clear conflicts of
interest, refuses to allow Terri’s blood family, who want to care for her for
the rest of her life and want to give her the therapy that might make her
better, to be her guardians, and instead is bound and determined and intent on
dehydrating this helpless citizen to death."
Michael
Schiavo has accused his in-laws, Bob and Mary Schindler, of trying to
control his wife's assets, and "the
Schindlers now suggest their son-in-law
tried to strangle their daughter the night she collapsed and that's why he has
fought so hard to keep her quiet," the Orlando Sentinel reported.
Schiavo's
attorney has denounced the accusations as "malicious" and "garbage."
In late August Gov. Jeb Bush asked a judge to delay setting a date for
removal of the feeding tube so a guardian could be appointed.
The governor's intervention is "crazy," Michael Schiavo said. "This case has
been in litigation for five years, and all of a sudden Gov. Bush wants to be
involved? This isn't his concern, and he should stay out of it."
'An Extremely Agonizing Death'
In his book, Wesley J. Smith describes the intense suffering imposed on those
being starved to death.
"Proponents of dehydration contend that deaths by dehydration are peaceful,"
Smith wrote.
Noting that "the patients we are discussing are not terminally ill" and that
those who are conscious can feel hunger and thirst, Smith quotes Dr. William
Burke, a neurologist in St. Louis, who described the agonizing process.
"A conscious person would feel it (dehydration) just as you and I would. They
will go into seizures. Their skin cracks, their tongue cracks, their lips
crack. They may have nosebleeds because of the drying of the mucous membranes,
and heaving and vomiting might ensue because of the drying out of the stomach
lining. They feel the pangs of hunger and thirst. Imagine going one day
without a glass of water. Death by dehydration takes ten to fourteen days. It
is an extremely agonizing death."
The next step, Smith predicts, will be the abandonment of dehydration in favor
a much simpler and faster way to kill – death by lethal injection, now popular
in prison death chambers.
In his book Smith concludes by asking if we will "take the hard turn down the
slippery slope towards a coarsening of our view of the afflicted, the dying,
the chronically ill, the disabled, and those in pain or depression, to the
point where we feel they have a duty to die and get out of the way?
"Will we choose to love each other, or abandon each other?"
In the case of Terri Schiavo, the authorities have chosen abandonment.
Cheryl Seal
Musings on American Morality...
Sun Oct 19 00:02:46 2003
152.163.253.33
Moral Musings Inspired by Terry Schiavo's Plight...
The heartbreaking case of Terry Schiavo is, to me, an example of the moral
insanity of modern "civilized" people. No one seems to know where to draw the
line or what the line even is. We are lost, and no one seems to know how it
happened. But, I think it has been a gradual process, bit by bit, like beach
erosion.
It starts with material affluence, I think....As a "mundane" example, what
were once luxuries - more than one car, more than one house, lots of expensive
clothes, multiple TVs and entertainment gadgets --have now become
"necessities" because people have no sense of when enough is enough. Thanks to
our excesses here in the USA, we, who account for just a few percent of the
planet's human population, consume roughly one-fourth of all her resources.
Somewhere along the line, we went from "use it up and wear it out" pioneers to
"use it up and throw it out and buy two more."
The erosion has worked the same way for nonmaterial issues--like divorce:
Divorce was made more accessible in the 1800s in the western world to help
people who were trapped in miserable marriages, those with severe,
unresolvable problems (like abused wives). It was never conceived of as a
quick fix for boredom or annoyance with one's spouse. But now, here in 2003,
divorce papers are filed just about as often as registrations for new cars.
Modern abortion procedures were developed as a safe way to offer an extreme
solution to women who absolutely could not carry through a pregnancy for
health or severe emotional reasons, for those who had been raped, incest
victims, poor, desperate women in third world countries who cannot care for a
child and who have no access to adoption services, etc. It was never dreamed
by most folks that it would become a "routine" mode of birth control - or used
after more than two months of pregnancy.
I myself do not believe routine "birth control" abortions or second and third
term abortions should be a "right", any more than bombing other countries for
anything but honest-to-God self defense should be a "right." But in this
country, if we are given an inch, we seem to want to take ten miles. And then,
what was meant to be a very limited, humane alternative to people caught
between a rock and a hard place is somehow turned into a "right"....and from a
"right" into a "routine."
Then, of course, there is euthanasia. The concept was put forward, as I
understand it, as a way to humanely release people who 1. Had lost all
consciousness and awareness (ie, were in a bona fide permanent coma where all
their own life systems had failed and brain activity was zip) and who would be
clinically dead without ever regaining consciousness within minutes of
removing life support. 2. For conscious, aware, terminally ill patients in
unbearable pain who could make the decision totally knowingly, taking all
moral responsibility on themselves alone - an issue between them and God. It
is no surprise that the envelope is being pushed now on this, too...as I
figured it would be. Where the extremes could go is terrifying - especially
under the current government.
When any of these ethical issues are pushed into extreme realms they never
meant to go, the result is rage, conflict, and the further polarization of
society - and moral and ethical issues left in the hands of the courts.
All of the issues - overconsumption of material goods, rampant divorce,
abortion as "birth control" and abuse of euthanasia all seem to come down to
greed and America's obsessive quest for instant gratification. People want
their "stuff" but don't want to deal with the consequences. They want sex and
a marriage companion, but don't want the responsibility that comes with these
things. Terry Schiavo's husband wants to have a new family - but doesn't want
to have the "inconvenience" of dealing with his helpless former wife. He is so
intent on his need for personal gratification that her family's anguish
doesn't even seem to show as a blip on his radar.
So will euthanasia nowcross the line from desperate last ditch alternative..
to a right... and finally to a routine?
I know one thing: this is not a right or left, liberal or conservative issue.
Those "labels" and "identities" are now being used as a substitute for true
morality - just as the courts are being used as a substitute for true
morality. (If corporations, for example, would simply do the right thing, they
wouldn't NEED an army of corporate lawyers on call at all time) Maybe if
people started checking their consciences instead of their voter registration
cards and bank accounts more often, we'd make some progress. They might
discover what I have suspected all along: we all know right from wrong
instinctively, though our interpretations of the details may be unique. And it
has nothing to do with politics. Drawing lines too far to the right or left
are only dragging us further from the ties of humanity and instinctive ethics
that should bind us.
Is it any wonder that we are living under the government that we are living
under, where "fighting terrorism" is translated into "dismantling Democracy"?
No one even noticed the ethical line was being crossed until it was too late.
Because no one knows where the lines are anymore.
Mary Jane Owen
Highlights Differences Between Two
Neurologically Disabled
Sun Oct 19 00:18:32 2003
64.140.158.21
National Catholic Partnership on Disability (NCPD)
415 Michigan Avenue, N.E. – Suite 240
Washington, DC 20017-4501
Executive Director: Mary Jane Owen, TOP, MSW
Nancy C Thompson, D.Min. Chairperson
Francis Cardinal George, OMI, Episcopal Moderator
Michael J. Degnan, Ph.D., Treasurer -Grace M. Rinaldi, Secretary – Thomas J.
Blee, Esq. – Most Rev. Thomas V. Daily, DD - Most Rev. Daniel N. DiNardo, STL
– Most Rev. Michael P. Driscoll, MSW – Jerry D. Freewalt - Jackie Johnson, RN
- Sr. Eleace King, IHM, EdD – Msgr. Louis A. Marucci, DMin - Thomas J. Marzen,
JD – Palmira Perea-Hay, LISW, ACSW
Press Release
CONTACT: Mary Jane Owen
Tel: 202/529-2933
Fax: 202/529-4678
mjowen@ncpd.org
National Catholic Partnership on Disability
Highlights Differences Between Two Neurologically Disabled Individuals
Washington, DC – July 10, 2003: The National Catholic Partnership on
Disabilities (NCPD) was gratified by the news that Terry Wallis’ awoke from a
coma after 19 years. Executive director, Mary Jane Owen noted: "Whether one
considers this a miracle or evidence that the body can heal itself over time,
the fact is that our knowledge of what is possible for people with
neurological disabilities is limited and the role of negative judgments of the
value of a given life can result in devaluation of those of us who live with
disabilities. Terry, a young man injured in a car accident, was fortunate to
have a family who never gave up; that took him on visits even when he was
unresponsive; who continued to celebrate holidays with him. The contrast
between what happened to Mr. Wallis is in stark contrast to the other Terri –
the unfortunate wife of Michael Schiavo. He has done everything possible to
prevent her family from interacting with her and has insisted that her feeding
tube be withdrawn. Death by starvation and dehydration has been the goal for
Terri Schiavo."
In July, 1984, Terry Wallis was injured in a car accident which killed the
friend with whom he was traveling. In February, 1990, Terri Schiavo suffered
cardiac arrest which cut off oxygen to her brain for several minutes. Both
became neurologically disabled; Terry going into coma while Terri has
continued to respond in limited ways according to her parents and siblings,
who have faced repeated rejection by the court system in Florida to intervene
to assure basic medical care or appropriate rehabilitation for Terri.
In November 1992, in a trial involving medical malpractice, her husband,
Michael Schiavo, requested $20 million for Terri’s future medical needs. He
assured the jury, which awarded $9,400,000.00 for Terri’s medical care and
rehabilitation, that he would take care of Terri, "in a heartbeat. . . . She’s
my life and I wouldn’t trade her for the world. I believe in my wedding vows."
The malpractice jury also awarded Michael $640,000 for loss of consortium of
his wife.
Less than a year later Mr. Schiavo initiated the first of a long series of
threats to his wife’s well being. At his request hydration and nutrition were
terminated for 48 hours and were continued only because of her family’s
intervention. Such "treatment," if continued, would have resulted in Terri’s
death. This in spite of video-tapes of her interactions and responses which
would seem to indicate she is not in a persistent vegetative state. Currently
the only accommodation she is receiving as a neurologically disabled
individual is tube feeding.
A 1991 medical report about Terri’s condition was not released at the
insistence of Mr. Schiavo. Only recently has the information contained in that
transcript been available. The unnamed physician who reviewed that nuclear
imaging bone scan found evidence of ‘multiple fractures.’ ‘Somebody worked her
over real good.’
Janice Benton, a staff member of NCPD, illustrated how dissimilar the two
cases are: "The Wallis family has been rewarded for their faith and patience.
Rather than fighting for death for their loved one, wife Sandi, daughter
Amber, parents Angilee and Jerry, and brother Perry kept up a loving vigil,
even as years turned to decades. They didn’t presume to know what was best for
Terry, or to make judgments of his ‘quality of life.’ We can only hope that
the witness of this loving family will guide other families and judges who
find themselves faced with a similar situation. We would do well to head their
advice to ‘keep the faith and never give up’."
NCPD had earlier requested that the Florida legal system protect those funds
originally designated for Terri’s rehabilitation. They have been drastically
depleted with little regard to the purpose intended. Instead the money has
been used in pursuit of legal and medical testimony from well-known advocates
of euthanasia. Michael has moved on with his life with little apparent
adherence to the commitments he made to the court in 1992.
Nancy Thompson, Chair of the Board of NCPD reflected, "Unfortunately the
Schiavo case is one of too many in recent months in which the guardians of
people with neurological disabilities have the potential to gain financially
from the termination of basic medical care and potentially helpful
rehabilitation."
Owen, a disability advocate since 1972 added, "A particularly frightening
outcome of the battle between Mr. Schiavo and his live-in girlfriend and
Terri’s family and friends is the statement by Attorney George J. Felos. In
August 2001 he said in describing Terri’s quality of life: "The litmus test is
whether a person can bring a spoon to their own mouth." That "litmus test" for
survival could not have been passed by many of friends who live productively
in spite of significant disabilities. And those of us who live with assorted
disabilities are aware that when any of us is deprived of their essential
dignity and worth, each of us face that same discounting by the judgments of
the culture of death."
Mr. Rus Wester, who writes for the Catholic press, emphasized this point:
"Let’s pray that someone, perhaps many, in the media, will develop the story
of Terry Wallis in such a way that the true message is conveyed. Whether we
call what has happened within the Wallis family a miracle or just a fluke of
nature, may heaven grant sufficient clarity in the reporting of such cases
that we learn respect for ALL human life."
# # #
NCPD was established in 1982 to advocate for welcome and justice for people
with disabilities and their families within the Catholic Church and their
communities.
http://www.terrisfight.org/lead.htm
NEWS UPDATES:
http://www.terrisfight.org/Framesets/CNewsFrame.htm
concerning Michael:::
798.01. Living in open adultery
Whoever lives in an open state of adultery shall be guilty of a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083. Where
either of the parties living in an open state of adultery is married, both
parties so living shall be deemed to be guilty of the offense provided for in
this section.
http://www.sodomy.org/laws/florida/cohabitation.html
Searched the web for "Michael Schiavo".
The Michael Schiavo Starve My Wife To Death Countdown Clock
... But wait, there's more.... The Michael Schiavo Piggy Bank So you're
asking, what
is the Michael Schiavo Piggy Bank and what does it have to do with anything?
...
http://www.glennbeck.com/news/08122003-1.shtml
WASHINGTON LETTER Oct-17-2003 (940 words) Backgrounder and
analysis. With photos posted Oct. 15 and 16. xxxn
Lessons learned from the impending death of a Florida
woman
By Nancy Frazier O'Brien
Catholic News Service
WASHINGTON (CNS) -- The life and impending death of a Florida woman named
Terri Schindler Schiavo offer a number of lessons for those who have watched
her relatives fight about her fate since a court first ordered her feeding
tube withdrawn more than three-and-a-half years ago.
For the cynical, the lesson might be to make sure you really know the person
who might have to make the decisions about your life and death. For Terri
Schiavo, who had no will or advance health care directives, that is her
husband, Michael Schiavo, who won $1.3 million for her care but has had to be
brought to court to authorize routine treatment of Terri's infections.
Michael Schiavo now has a child -- and a second one on the way -- with another
woman but remains married to Terri and in control of her medical fund and her
fate.
Despite the best efforts of Terri's parents, Bob and Mary Schindler, the
39-year-old woman's feeding tube -- through which she has received food and
water for the past 13 years -- was removed Oct. 15; she was expected to die
within two weeks.
For those with a serious illness or severe disability, the lesson offered by
the Schiavo case might be a chilling one -- you'd better be sure you can prove
you want to live (and are worthy of it) if times get tough or your health care
expenses mount too high.
"(The Schindlers) are about to lose their daughter because no one wants to put
a teaspoon of Jello to her mouth. It's insane," said attorney Christopher
Ferrara of the American Catholic Lawyers Association at a hearing in
Clearwater, Fla., before Circuit Court Judge George Greer in September.
For students of modern health care practices designed to extend life, the
lesson might be how far things have come since the parents of Karen Ann
Quinlan won their court battle in 1976 to remove their daughter from a
respirator after she went into a "persistent vegetative state."
The withdrawal of food and water was never proposed in the case of Quinlan,
who began breathing on her own when the respirator was removed and died nearly
10 years later in a New Jersey nursing home.
"Tragically, denial of basic sustenance to people with disabilities is neither
unusual nor new in our country," the National Right to Life Committee said in
an Oct. 15 statement. "For about two decades, the law in virtually every state
has decreed that 'surrogates' may authorize denial of treatment to those who
cannot speak for themselves. Consequently, vulnerable people with impaired
consciousness have routinely been denied life-saving treatment, food and
fluids until they die."
No medical consensus exists that Terri Schiavo is in a persistent vegetative
state.
"Over the last 13 years, Terri has laughed with us, cried with us, talked with
us, and even tried to get out of her chair," said her parents in an Oct. 13
statement. "The accusations that Terri is in a coma or is a 'vegetable' are a
lie."
Perhaps the most disheartening lesson in the tragic case of Terri Schiavo was
how little influence Catholic ethical teachings have had on the decisions that
are leading to her death.
Terri Schiavo and the Schindler family are Catholics, although Michael Schiavo
has said Terri did not go to Mass on a regular basis during the five years of
their marriage before she fell ill. Terri collapsed at their home in 1990 due
to what doctors believe was a potassium imbalance, causing her brain to be
deprived of oxygen for several minutes.
Msgr. Thaddeus Malanowski, a retired brigadier general and retired priest of
the Diocese of Norwich, Conn., is a Schindler family friend and frequent
visitor to Terri Schiavo's bedside. Shortly after the feeding tube was
removed, he gave her the anointing of the sick and touched a relic of Mother
Teresa of Calcutta to Schiavo's forehead, cheek and throat.
"This hurts," he said. "She is like an adopted sister to me."
The Florida Catholic bishops have urged that artificial nutrition and
hydration be continued until "a more clear understanding of her actual
physical condition" could be reached.
They cited church teaching that "there should be a presumption in favor of
providing medically assisted nutrition and hydration to all patients as long
as it is of sufficient benefit to outweigh the burdens involved to the
patient."
But a priest testified at a 1990 trial that the removal of Terri Schiavo's
feeding tube "would be consistent with the teaching of the Catholic Church" if
she had, in fact, expressed a view that she would not want to be kept alive
artificially.
No consensus exists on that question, either. Michael Schiavo says Terri
expressed that view when she was in her early 20s but no one else heard it.
"What makes this case very sad is that there seems to be irreconcilable
disagreement between Terri Schiavo's parents and siblings, who wish her care
to continue, and her husband and the courts, who seek what we consider a
too-hasty end to this unfortunate woman's life," said Archbishop John F.
Donoghue of Atlanta in a recent statement.
He called on Catholics to take steps to "prevent this same kind of tragic
impasse from occurring within our families and our communities." These steps
could include discussions with family members and physicians and execution of
an advance directive or "living will" that makes "our wishes clear, should our
competence be impaired," he said.
And that might be the most important lesson of all.
END
Jeff Johnson
Disabled Woman's Family, Former Nurses Seek Inquiry
Sun Oct 19 01:59:10 2003
64.140.158.21
Disabled Woman's Family, Former Nurses Seek Inquiry
By Jeff Johnson
CNSNews.com Congressional Bureau Chief
September 10, 2003
http://www.cnsnews.com/Culture/Archive/200309/CUL20030910c.html
Capitol Hill (CNSNews.com) - Supporters of a disabled Florida woman embroiled
in a euthanasia battle with her husband called Wednesday for a criminal
investigation into the husband's alleged abuse of his incapacitated wife.
The request comes just days after three of
Terri Schindler
Schiavo's
former caregivers submitted sworn affidavits detailing a years-long history of
denied medical care, altered or destroyed medical records, and alleged
attempts by Michael Schiavo
to kill his wife.
Schiavo has repeatedly denied the allegations, as has his attorney, George
Felos.
Felos was quoted in the Tampa Tribune as saying that claims of abuse by the
former caregivers are "a bunch of garbage." Although he did acknowledge that
Schiavo was often overbearing with Terri's nurses, he claimed the behavior was
an attempt to obtain "the best care for her."
Felos also disputed claims that Terri had communicated with her nurses. "It
didn't happen," Felos told the newspaper. "It's a fabrication."
But the denials haven't stopped efforts to dig deeper into the case. "A group
of concerned citizens have put together a formal request to the state's
attorney, Bernie McCabe, asking him to investigate allegations of abuse upon
Terri Schindler Schiavo by her husband, Michael Schiavo," said Pamela
Hennessy, spokeswoman for the Schindler family.
Based on affidavits included with a federal lawsuit filed by the Schindlers on
Aug. 30, Schiavo has allegedly forbidden medical professionals to provide his
wife with any therapy or rehabilitation and has allegedly even attempted to
cause her death.
As the result of a brain injury she suffered in 1990 under questionable
circumstances, complicated by a lack of therapy for more than a decade, Terri
has required nutrition and hydration through a gastrostomy or "feeding tube."
The woman has not had a guardian ad-litem for most of the time she has been
disabled because the judge with jurisdiction over probate matters in her
county ruled that Terri's sole legal guardian, her husband, is qualified to
determine what is in her best interest.
But Schiavo began withholding nutrition and hydration shortly after winning
$1.2 million on her behalf in a medical malpractice lawsuit. Since receiving
the money, Schiavo has provided only subsistence care for his wife.
Terri's parents have been trying to obtain guardianship and provide their
daughter with rehabilitative therapy that medical professionals have said will
allow her to "improve significantly."
Allegations prompt call for criminal probe into suspected abuse
One particular allegation that was
"very disturbing" to Hennessy and prompted the request for a criminal
investigation was lodged by Carla Sauer
Iyer,
a registered nurse who cared for Terri from about April of 1995 until August
of 1996.
Iyer
alleged that Terri's blood sugar levels were normally "very stable due to the
uniformity of her diet." While she suspects
Schiavo
of injecting Terri with regular insulin to drive her into hypoglycemic shock,
she acknowledged that she has no proof.
"She noted at least five times when Michael
Schiavo
would come to visit Terri, close the door to her room and then emerge sometime
later and leave," Hennessy related. "On those occasions,
Iyer
had tested Terri's blood sugar, and the level was so low it wasn't even
registering, she would administer dextrose to get Terri...out of danger."
Iyer's
affidavit detailed the alleged incidents.
"Terri would be trembling, crying
hysterically and would be very pale and have cold sweats. It looked to me like
Terri was having a hypoglycemic reaction, so I'd check her blood sugar,"
Iyer
recalled. "The glucometer
reading would be so low that it was below the range where it would register an
actual number reading."
Iyer
and the other caregivers recalled numerous occasions when they would record
information in Terri's medical charts or patient logs indicating that she was
alert and responsive, speaking to them, laughing at jokes or funny stories,
and complying with simple instructions.
Those records, they allege, were
deleted from the files and, in some cases, were later seen in trashcans at
nursing stations.
Hennessy said the letter requesting the investigation was delivered to McCabe
Tuesday. An unidentified McCabe staff member told CNSNews.com late Wednesday
that "I have been advised that we did not receive anything."
Motion to disqualify alleges judge talked to reporters, others about case
Terri's parents also want Pinellas-Pasco Florida Circuit Judge George Greer
removed from their daughter's case. Attorneys for Robert and Mary Schindler
filed a motion to disqualify Greer for alleged violations of the Florida Code
of Judicial Conduct. Greer has reportedly denied that motion, but his decision
is expected to be appealed.
"There is a motion to disqualify, based on evidence that Judge Greer is
discussing this case with his colleagues and also the media," Hennessy said.
"He is not to do that without litigating attorneys present."
The Schindlers' lead attorney, Pat Anderson, claims Greer talked to reporters
about the case after a teleconference between the judge and attorneys for both
parties ended on Tuesday, Aug. 26.
"On Wednesday or Thursday, I learned from a local reporter that, in fact, the
reporters stayed in Judge Greer's chambers after the conclusion of the
telephonic hearing for some period of time, asking him questions and recording
his responses," Anderson charged. "It is my firm conviction that Judge Greer,
in effect, held an impromptu press conference about the merits of the case
pending before him without counsel for the parties being present."
Anderson referenced testimony from other individuals, corroborating her
accusation that Greer had discussed the case with reporters, colleagues and
elected officials outside his office, in alleged violation of the Florida
Canons of Judicial Conduct.
"It is my belief that Judge Greer is no longer possessed of the cold,
impartial neutrality that the Canons require of any judge," Anderson wrote in
her affidavit supporting the motion.
Hennessy said she had received word Wednesday that Greer had rejected the
motion to disqualify himself from the case. But that is not the end of the
request.
"There are gatekeepers in place," Hennessy said. "I'm not certain how the
attorneys would need to proceed in order to do that."
E-mail a news tip to Jeff Johnson.
Send a Letter to the Editor about this article.
mailto:
shogenson@cnsnews.com?subject=Letter_to_the_Editor
Jeff Johnson
Disabled Woman Would Cry 'Help Me,'
Sun Oct 19 02:16:34 2003
64.140.158.21
Disabled Woman Would Cry 'Help Me,' Caregivers Claim
By Jeff Johnson
CNSNews.com Congressional Bureau Chief
September 03, 2003
(Editor's note: This report contains quoted language and descriptions of
alleged multiple instances of denied medical care that some readers may find
offensive.)
(CNSNews.com) - A federal judge Tuesday refused to stop a Florida court from
ordering the removal of a disabled woman's feeding tube at the request of her
husband. However, the judge gave the woman's parents ten days to amend their
lawsuit against the husband, the hospital caring for the woman and the hospice
where she is being kept in anticipation of her death by starvation or
dehydration. The lawsuit also named the husband's attorney as a "non-party
co-conspirator" to the alleged violations.
Robert and Mary Schindler filed an emergency complaint
http://www.zimp.org/complaint.pdf
Saturday with the U.S. District Court for the Middle District of Florida in
Tampa in an effort to block their daughter's husband and legal guardian,
Michael Schiavo, from moving forward with plans to remove his wife's feeding
tube. Thirty-nine year old Terri Schindler Schiavo suffered a brain injury in
1990 under questionable circumstances. That injury, complicated by a lack of
therapy for more than a decade, has required that she be given nutrition and
hydration through a gastrostomy or "feeding tube."
Since receiving a $1.2 million medical malpractice award on behalf of his
wife, Schiavo has provided only subsistence care for her and, based on
affidavits included with the Schindlers' suit, allegedly forbidden medical
professionals from providing his wife with any therapy or rehabilitation. He
is currently allowing her to receive limited medical treatment for a severe
infection under a court order.
Former caregivers file affidavits supporting allegations
Three medical professionals who had cared for Terri in the past filed
affidavits accompanying the lawsuit, disputing Michael Schiavo's claims that
his wife was in a "Persistent Vegetative State," which is the requirement
under Florida law for a feeding tube to be removed. The medical experts also
chronicled a long history of alleged denial of care and therapy by Schiavo.
Carolyn Johnson,
http://www.cnsnews.com/pdf/2003/aff1.pdf
a Certified Nursing Assistant (CNA), cared for Terri in a nursing home in the
early 1990s. She described her shock at being ordered not to provide the same
care for Terri as a patient in the same room with a similar brain injury was
receiving.
"I learned, as part of my training, that there was a family dispute and that
the husband, as guardian, wanted no rehabilitation for Terri,"
Johnson explained. "Once, I wanted to
put a cloth in Terri's hand to keep her hand from closing in on itself, but I
was not permitted to do this, as Michael
Schiavo
considered that to be a form of rehabilitation."
Another CNA, Heidi Law, cared for Terri at a convalescent center in the mid
and late 1990s. Law described similar orders she received not to encourage
Mrs. Schiavo's recovery.
"I know that Terri did not receive
routine physical therapy or any other kind of therapy. I was personally aware
of orders for rehabilitation that were not being carried out," Law alleged in
her affidavit. "Even though they were ordered, Michael [Schiavo]
would stop them. Michael [Schiavo]
ordered that Terri receive no rehabilitation or range of motion therapy."
Law also alleged that her attempts to document Terri's potential for
improvement were thwarted.
"I made extensive notes and listed all of Terri's behaviors, but there was
never any apparent follow-up consistent with her responsiveness," Law said.
"There were trash cans at the nurses stations that we were supposed to empty
each shift, and I often saw the notes in them."
Law directly disputes Michael Schiavo's claim that Terri is in a Persistent
Vegetative State, as well. In her affidavit, she detailed how she routinely
provided Terri with a wet washcloth filled with ice chips to keep her mouth
moistened and, on at least three occasions, fed Terri flavored gelatin.
"I personally saw her swallow the ice water and never saw her gag. [Another
CAN] and I frequently put orange juice or apple juice in her washcloth to give
her something nice to taste, which made her happy," Law recalled. "On three or
four occasions I personally fed Terri small mouthfuls of Jell-O, which she was
able to swallow and enjoyed immensely."
Nurse recalls
Schiavo
asking, 'When is that bitch
gonna die?'
Carla Sauer
Iyer
http://www.cnsnews.com/pdf/2003/aff2.pdf
was a Licensed Practical Nurse (LPN)
at the same convalescent center in the mid 1990s, and also cared for Terri.
She described Mr. Schiavo
as being "focused on Terri's death.
"Michael [Schiavo]
would say, 'When is she going to die? Has she died yet?' and 'When is that
bitch going to die?'" Iyer
charged. "Other statements which I recall him making include, 'Can't anything
be done to accelerate her death, won't she ever die?' When she wouldn't die,
Michael [Schiavo]
would be furious."
Conversely, Iyer said that when she would have to call Schiavo to inform him
of a downturn in Terri's condition, Schiavo would be elated.
"Michael would be visibly excited,
thrilled even, hoping that she would die,"
Iyer
recalled. "He would blurt out, 'I'm going to be rich,' and would talk about
all the things he would buy when
Terri died, which included a new car,
a new boat and going to Europe, among other things."
Iyer also described incidents of Terri Schiavo talking, moving voluntarily and
responding to external stimuli, descriptions that Iyer said were removed from
Mrs. Schiavo's medical records. Both Law and Iyer reported Terri verbally
communicating, also contradicting Michael Schiavo's claim that his wife was in
a Persistent Vegetative State.
"During the time I cared for Terri, she formed words. I have heard her say
'mommy' from time to time, and 'momma,'" Law recalled. "She also said 'help
me' a number of times."
Iyer described Terri as "alert and oriented," and said Michael Schiavo
"systematically distorted" Terri's medical condition.
"Terri spoke on a regular basis while in my presence, saying such things as
'mommy' and 'help me,'" Iyer recalled. "'Help me' was, in fact, one of her
most frequent utterances. I heard her say it hundreds of times."
Attorney named as 'non-party co-conspirator' to civil rights violations
The lawsuit filed by Terri's parents accuses Schiavo, both personally and in
his official capacity as Terri's legal guardian, of violating the Americans
with Disabilities Act for refusing to provide appropriate medical care and
rehabilitation therapy, which are required by the law and for seeking to
deprive her of nutrition and hydration, which is forbidden by the law.
George Felos, Michael Schiavo's attorney and a noted author and advocate in
Florida's so-called "right to die" movement, is also named as a "non-party
co-conspirator" in the lawsuit. The Schindlers allege that Schiavo, with Felos'
help, sought to deprive Terri of her due process rights under the Fifth and
14th Amendments to the U.S. Constitution.
The suit charges that Terri was denied a guardian ad litem during most of the
legal proceedings in which her husband sought to end her life and, the
remainder of the time, suffered from "ineffective assistance of counsel, due
process violations, and blatant conflict of interest with Terri's guardian,
defendant Michael Schiavo," who is responsible for seeing that her legal
interests are represented.
The only guardian ad litem and the only attorney to represent Terri prior to
her parents' intervention in the case were removed when the attorney suggested
that Michael Schiavo had a conflict of interest that prohibited him from
serving as Terri's guardian.
The complaint also alleges that Schiavo and Felos conspired to deprive Terri
of access to her priest in violation of the First Amendment and that the use
of a 1999 Florida law in her case represented a Fifth Amendment due process
violation of the constitutional prohibition on ex post facto legislation since
Mrs. Schiavo had suffered her injury in 1990.
All of the cumulative rights violations are alleged under 42 USC 1983, which
provides that, "Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the District of
Columbia, subjects, or causes to be subjected, any citizen of the United
States or other person within the jurisdiction thereof to the deprivation of
any rights, privileges, or immunities secured by the Constitution and laws,
shall be liable to the party injured in an action at law, suit in equity, or
other proper proceeding for redress."
The hospice where Terri Schiavo is being kept and the hospital where her
infection was supposed to have been treated are also accused of violating the
Rehabilitation Act of 1973. That law requires that "handicapped" receive
comparable medical care to that given able-bodied patients with similar
conditions or injuries. Both facilities are subject to the Rehabilitation Act
because they receive federal Medicare funding. The hospital is also charged
with violating provisions of the Social Security law in 42 USC 1395dd, which
requires the examination and appropriate treatment of emergency medical
conditions and forbids the discharge of patients before their conditions are
stabilized. The Schindlers believe their daughter was prematurely discharged
from the hospital on more than one occasion in an attempt to hasten her death.
Felos accused the Schindlers of trying to subvert the Florida justice system.
"The purpose of this lawsuit is to invalidate the lower court's decision,"
Felos told the Tampa Tribune Tuesday.
U.S. District Judge Richard Lazzara gave the Schindlers ten days to file an
amended version of their lawsuit and offered Felos an additional ten days to
respond. He would not, however, block a hearing scheduled for Sept. 11, during
which Pinellas-Pasco Florida Circuit Judge George Greer is expected to set a
date for Terri Schiavo's feeding tube to be removed.
Attorneys for both sides told reporters after the emergency hearing Tuesday
that they do not expect Greer to set that date any earlier than the 20-day
period set by the federal court for the Schindlers' amended complaint and
Felos' response.
http://www.cnsnews.com/Culture/Archive/200309/CUL20030903b.html
E-mail a news tip to Jeff Johnson. -
cnsnewstips@yahoo.com
http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=42&sec=1983
September 5, 2003,
10:55 a.m.
Schiavo’s Date with Death
A Florida woman needs
non-dehydration intervention.
By Wesley J. Smith |
 |
hirty-nine-year-old Terri Schiavo may not live
to see her 40th birthday. She's not terminally ill. She's not engaged in
inherently dangerous activities. She's not on Death Row.
So, you might wonder,
why is she about to die? Schiavo has a profound cognitive disability. This
should entitle her to the best of care. Instead, Judge George W. Greer of the
Sixth Judicial Circuit, in Clearwater, Florida, is about to order medical
personnel to withhold tube-supplied food and water until she dies. Terri's
dehydration will be slow, taking 10-14 agonizing days.
Judge Greer is
acting at the behest of Terri's husband, Michael Schiavo, who petitioned the
court five years ago for permission to withdraw his wife's tube-supplied food
and water. In a normal case, a spouse would be trusted to make medical
decisions in the best interests of an incapacitated husband or wife. But this
is not a normal case. Consider the following facts:
After
Terri collapsed from unknown causes in 1990, she became profoundly
cognitively disabled.
Michael filed a medical-malpractice lawsuit,
during which he said he would care for her for the rest of her life, which,
assuming proper care, would be a normal lifespan. He also presented at trial
a medical-rehabilitation expert who had developed a plan to provide support
for Terri to maximize her ability to respond to her environment.
A jury awarded $1.3 million in the malpractice
case, of which $750,000 was put in trust to pay for the kind of care that
Michael promised to provide Terri.
Michael never kept his promise.
Within months of the money being deposited in
the bank, Michael ordered a do-not-resuscitate order placed on Terri's
chart. He has also repeatedly denied her other forms of medical care, such
as treatment for infections.
Once the money was in the bank, according to
affidavits filed by nurses under penalty of perjury, Michael ordered that
Terri be denied stimulation.
In the mid 1990s, according to another nurse's
affidavit filed under penalty of perjury, Michael was overheard saying
things such as, "When is she going to die," "Has she died yet?" and "When is
that bitch going to die?" (This affidavit was only recently filed. Michael
has not yet filed a response.)
Michael dated after the malpractice trial; he
is now engaged to be married. He lives with his fiancé, with whom he has one
child and another on the way. He reportedly plans to marry his fiancé as
soon as his wife's death is induced.
Money that was intended to pay for Terri's
treatment and rehabilitation has instead gone to lawyers Michael retained to
obtain a court order to bring about her death.
If Terri dies, Michael will inherit what is
left of the $750,000 (if any remains) and all other property they owned.
Michael moved Terri from a nursing home to a
hospice three years ago even though Terri is not terminally ill. A hospice
specializes in dying patients and is not as equipped to provide patients
like Terri with proper care.
Judge Greer has ruled
that Terri is in a persistent vegetative state (PVS). This ruling was
necessary under Florida law to allow dehydration. Under Florida law, this
means that Terri exhibits no voluntary action or cognitive behavior of any
kind and is unable to communicate or interact purposely with the environment.
Yet, affidavits filed
by nurses who cared for Terri claim that she has responded to them, can speak,
and can even swallow food. Moreover, a picture is worth 1,000 words.
Videotapes of Terri clearly show her responding to requests. For example, a
closed-eyed Terri is asked to open her eyes by a doctor. Her eyes flutter and
she does as he requests. She is asked in another video to follow a balloon
with her eyes, and she does. In a heartbreaking video, Terri's mother kisses
her on the cheek and Terri smiles and responds, clearly happy that her mom is
with her. These and other videos can be seen by visiting
www.terrisfight.org.
Dr. William Hammesfahr,
a world-renowned expert in cases such as Terri's — and a Nobel Prize nominee —
testified that Terri is not in a PVS. He also testified that he believes he
could help her improve her circumstances through proper medical treatment. Ten
other physicians have testified or given statements that Terri is not
unconscious. Judge Greer instead chose to believe contrary testimony by a
doctor who rarely sees Terri and another doctor, who makes an avocation of
testifying in cases such as Terri's throughout the country, always on the side
of dehydration.
Despite the clear
financial and personal conflicts of interest, Judge Greer repeatedly sides
with Michael and against Terri's father, mother, and siblings, who want to
care for her for the rest of her life. This means that the man who might
benefit financially from his wife's death and who has clear personal reasons
for wanting Terri to die continues to have almost sole say over how she is
treated and cared for — or denied care — on a daily basis.
Greer will set the date
for Terri's dehydration on September 11 (amazingly). This order will be based
on testimony from Michael and his brother and sister-in-law arguing that Terri
said she would not want to be maintained in this condition. Never mind that
Michael first brought this alleged statement up only after he decided that the
time had come for Terri to die by dehydration. Never mind that these
conversations never came up when Michael was asking a jury for a $20 million
medical-malpractice award. Never mind that none of Terri's blood family ever
recall her saying any such thing. Never mind that Terri is a Catholic and this
dehydration would violate Catholic moral teaching.
A PLEA
TO GOVERNOR BUSH
Time is running out. Terri may be days away from a dehydration order. The only
hope for Terri Schiavo may now be Florida Governor Jeb Bush.
Gov. Bush is aware of
the Terri Schiavo case. He has received more than 27,000 petition signatures
from Americans across the country who are enraged at how Terri has been
treated and the death that is planned for her.
On August 26, reacting
to the political heat, and no doubt genuinely concerned with Terri's plight,
Bush wrote a letter to Judge Greer requesting that he postpone the dehydration
and appoint a guardian ad litem to look into Terri's case. In this
regard, it is worth noting that Terri once had a guardian ad litem who
recommended against the requested dehydration. Perhaps this is why Judge Greer
respectfully told Gov. Bush that he would put the governor's letter in the
file with no action taken.
Bush's letter was a
nice first step but was clearly insufficient. The time has come for the State
of Florida to attempt to formally intervene in the case. Indeed, there
are enough substantial questions about the propriety of what is transpiring in
Terri's case, that Bush should take whatever legal action is necessary to make
the state Terri's official guardian.
Taking such action
would prevent a husband with too many conflicts of interest from continuing to
be in charge of Terri's care. It would permit an objective, professional
guardian with no intimate ties to Terri to bring order to this emotionally
devastating case and determine:
The extent of Terri's disability and
responsiveness;
The likelihood that therapy could have a
meaningful chance of improving Terri's condition;
The propriety of the care that Terri has
received; and,
Whether the benefit of the doubt should go to
keeping Terri alive or letting her die by dehydration.
If Michael Schiavo dehydrated a horse,
he could go to jail. But getting a judge to order medical personnel to do the
same thing to a human being is perfectly legal. The hour is late but Terri
Schiavo is still alive; as long as she is, Gov. Bush can still act to protect
her right to life.
If you agree with this article, please
contact Governor Jeb Bush at:
Governor Jeb Bush
Florida Capitol Building, PL-05
Tallahassee, Florida 32399-1050
850-488-7146
850-487-2564 Fax
E-Mail:
fl_governor@eog.state.fl.us
—
Wesley J. Smith is a senior fellow at the
Discovery Institute
and an attorney and consultant for the
International
Task Force on Euthanasia and Assisted Suicide.
http://www.nationalreview.com/comment/comment-smith090503.asp
Comment
From Eleanor
10-16-3
Florida State's Attorney, Criminal Jurisdiction
I just got off the phone with the Florida State's Attorney office with
CRIMINAL jurisdiction over the Pinellas Park nursing home where Terri
Schiavo is being tortured by witholding WATER. The number is: 1-727-464-6221
I stated that witholding water from a CONSCIOUS person is A CRIMINAL MATTER,
not civil, and that his office SHOULD GET INVOLVED.
I got through to one of the DAs and asked him if I were to withold water
from him or a member of his family, would that be a crime?
This lowlife actually told me that witholding water from anyone ELSE is
DIFFERENT from witholding water from Terri, even though I had just reminded
hime she is CONSCIOUS. CONSCIOUS.
He said "<harrumph> It is the official position of this office that we are
not involved" and hung up.
I wish I had asked him to remember Terri Schiavo every time he takes a drink
of WATER!
I can't believe this isn't a dream!
Eleanor
Jana Carpenter, nurse who has reviewed Terri's charts states:
"TERRI IS NO WAY VEGETATIVE. She sits up in a chair.
There is NO QUESTION she is in such a state. It really does
rip your heart out to see this happening.
"There's a priest in there right now and he is SCARED to
go in and give her Holy Communion. The husband's
lawyers are THREATENING him if he even touches her.
Michael the husband threatened her father for even trying
to put a PILLOW behind Terri's head.
"She has not had a drop of water. A DROP. No person
is allowed to even touch Terri by her ex-husband, now
common-law married to his mistress, Michael Schiavo.
"Michael Schiavo prevented even normal human care. He
refused to let Terri's TEETH BE CLEANED for TEN YEARS."
"Dehydration is one of the most painful deaths imaginable.
Her lips crack, nose bleeds, stomach and interior organs
malfunction, dry heaves, seizures, imminence of her
death due to collapsed lung a few weeks ago is likely. If
the governor doesn't act very soon, Terri will die."
"Disability group rally at 1:00 pm in Washington DC."
David, guardianship spokesperson:
"We have received about 85,000 emails forwarded to
Governor Bush. Fifty people are around the hospice on
average. Elderly lady slept on the ground last night.
Michael, Terri's future brother in law, NOT her ex-husband:
"Just went in with priest to give Terri's last rites. Police threatened
priest with arrest if priest tries to give Terri last rites. Police
statement: 'You will not make it to her, sir, if you try, I will restrain
and arrest you.' "
DEATH BY STARVATION IS TERRORISM!
In the Nuremberg Trial, Rosenberg argued that he had objected to the
excesses and atrocities committed by his subordinates. However, an unimpressed
Tribunal noted that "these excesses continued and he stayed in office until
the end."132 Frank too argued that
he had objected to Hitler, and the Tribunal accepted the fact that he might
have objected occasionally to certain policies. The Tribunal also noted,
however, Frank's involvement in the atrocities.
But it is also true that Frank was a willing and knowing participant in
the use of terrorism in Poland; in
the economic exploitation of Poland in a way which led to the death by
starvation of a large number of people; in the deportation to Germany as
slave laborers of over a million Poles; and in a programme involving
the murder of at least three million Jews.133
http://www.law.duke.edu/journals/djcil/articles/djcil7p461.htm
CRIMES AGAINST HUMANITY
TORTURE & DEATH FROM THE
Nuremberg Trials
1945 - 1949
http://www.law.umkc.edu/faculty/projects/ftrials/nuremberg/nuremberg.htm
The Nuremberg
Trials:
The Doctors
Trial
The Doctors Trial considered the
fate of twenty-three German physicians who either participated in the Nazi
program to euthanize persons deemed
"unworthy of life" (the mentally ill, mentally retarded, or physically
disabled) or who conducted experiments on concentration camp prisoners
without their consent. The Doctors Trial lasted 140 days. Eighty-five
witnesses testified and almost 1,500 documents were introduced. Sixteen of
the doctors charged were found
guilty. Seven were executed.
http://www.law.umkc.edu/faculty/projects/ftrials/nuremberg/NurembergDoctorTrial.html
The
Nuremberg Trials
[Between September 1939 and April 1945 the defendants Karl Brandt, Blome,
Brack, and Hoven unlawfully, willfully, and knowingly committed war crimes, as
defined by Article II of Control Council Law No. 10, in that they were
principals in, accessories to, ordered, abetted, took a consenting part in,
and were connected with plans and enterprises involving the execution of the
so-called "euthanasia" program of the German Reich in the course of which the
defendants herein murdered hundreds of thousands of human beings, including
nationals of German-occupied countries. This program involved the systematic
and secret execution of the aged, insane, incurably ill, of deformed children,
and other persons, by gas, lethal injections, and diverse other means in
nursing homes, hospitals, and asylums. Such persons were
regarded as "useless eaters" and a burden to the German war machine. The
relatives of these victims were informed that they died from natural causes,
such as heart failure. German doctors involved in the "euthanasia"
program were also sent to Eastern occupied countries to assist in the mass
extermination of Jews.
10. The said war crimes constitute violations of international conventions,
particularly of Articles 4, 5, 6, 7, and 46 of the Hague Regulations, 1907,
and Articles 2, 3, and 4 of the Prisoner-of-War Convention (Geneva, 1929), the
laws and customs of war, the general principles of criminal law as derived
from the criminal laws of all civilized nations, the internal penal laws of
the countries in which such crimes were committed, and Article II of Control
Council Law No. 10.
http://www.law.umkc.edu/faculty/projects/ftrials/nuremberg/NurembergDoctorTrial.html
There are NO statute of Limitations on MURDER!
RUBY RIDGE
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