03 April 2005

I Welcome The Fight Terri Continues To Inspire In Us

Terri had an extraordinarily large extended family. We are all truly better and changed in some ways as a result of her touching our lives. I know I am.

Most of us are still in fight mode. I just think we need to focus that energy in the best possible ways. What had happened to Terri over the course of 15 years is quite a complex web of questionable events. There are areas where people failed Terri and areas where the law failed Terri. We can demand the people be held accountable and demand that laws be changed. We have that power but only by taking reasonable and educated stands. We can get to some accountability in Terri's death if we identify and force change in those areas of culpability.

I am probably like many in that I am so angry I want to point a finger at someone and say "Murder, you are responsible for the killing of Terri Schiavo". It is not that simple. I think we probably all need to realize, we will most likely never get there. But there are steps short of pointing that finger that could force the recognition of this as a criminal atrocity.

Here are some of the areas I plan on being very involved in:

Judge Greer. The impeachable offenses are many. Most of them stem from his refusal to recuse himself due to tangible connections to George Felos and his refusal to remove Michael Schiavo as Terri's guardian even though he violated some 17 requirements under the statute of guardianship (Florida Statute 744.474) I also cannot find ANY law, even loosely translated, that gives Judge Greer the power to deny Terri food and water by mouth. Florida law prohibits this, calling the denial of food and water by natural means a deliberate act to end life. I plan to research and compile those most egregious offenses and with a clear and loud voice, call out for his impeachment. Efforts by many are already underway here.

George Felos. Fraud charges should be brought against him. (Comment deleted in order to correct the facts. To those who had a fit over it, Felos did support the assertions made at the mal practice suit and I even stated that would be a true statement made by him. Thank you for pointing out that my comment was written as though he made that true statement and he did not) He then orchestrates (thru his influence on the Hospice Board) stowing Terri away in the Hospice system, stating her life expectancy at 6 months or less thereby defrauding the Medicaid system. I am assuming this would be enough to have his license to practice law taken away. As well it should be, he is unfit. To state a personal opinion (why not, it's my blog) Mr Felos should be remanded to psychiatric care. Anyone who states he can read the minds of the incapacitated by looking in their eyes or that he can force planes to land with his mind, should be instiutionalized and NOT given the power to wield influence in a court of law.

Michael Schiavo. Boy, it sure gets complicated here. I am still thinking through all of this. (1) Fraud. These charges could probably be brought pretty easily. The money trail will show fraud very clearly. Also defrauding Medicaid as his wife had $750,000 dedicated to her care, yet (with the aide of is attorney) he illegally forced the cost of her care onto Medicaid and spent Terri's money to launch and continue a huge legal campaign to end her life. (2) Abuse and neglect. There is no statute of limitations issue here because the abuse and neglect continued throughout the 15 years and up until her death. Terri had protections legally afforded to her through The Incapacitated Persons Legal Protection Act and the Americans With Disabilities Act. He was also under certain obligations dictated by the statute of guardianship. Michael is criminally negligent and his actions qualify as abuse by denying Terri these protections.

Applicable areas of the law to re-visit.

(1) I would argue that nutrition and hydration should be TAKEN OFF the list of extraordinary or artificial life saving measures. One is not being artificially kept alive based on a need for food and water by any method. If that is the standard, then we are all "terminal".
(2) I would argue that someone's right to die should be a choice one makes to be allowed to die naturally and NEVER if it constitutes forcing someone to die. The burden should be MUCH greater to take extraordinary measures to end life than it is to take extraordinary measures to save life.
(3) I would argue that "right to die" issues are never considered without the written wishes of the patient. It simply should not be within any person's power to make life and death decisions for anyone else.
(4) If it is to remain law that hearsay evidence can be presented via proxy on the patient's wishes, then the "clear and convincing evidence" standard is not high enough. All evidence should be heard and a finding reached based on the evidentiary standard of "beyond reasonable doubt".

In considering these battles and those we might be able to win, I am left with several questions but I will pose this one...

If Judge Greer were impeached based on his findings in this case and his refusal to remove Michael Schiavo as the guardian and Michael Shiavo was found guilty of abuse and neglect, would this make Terri's death criminal?

12 comments:

Cal Lanier said...

Oh, for god's sake. How ignorant can you be? Do your research. Felos wasn't Schiavo's lawyer for the malpractice suit.

Cite.

The rest of your facts are equally ill-informed, of course. Go sit on the Free Mumia! bench.

C'est Moi said...

Oh Cal exercise some dignity, will you. I will say that I do not take lightly anyone calling me ignorant. lol, It is a pretty far cry from the truth. It is wrong and I will correct it. I even knew he was not the attorney and allowed that comment to run amuck because Felos has always supported those assertions made during that trial.

Now calm yourself and be nice or be gone with you.

Beth said...

Really, Cal, the way you dumped a load over here makes me completely disinterested in your 'cite' or opinion.

I see you probably fancy yourself a conservative, BTW. Do the rest of us conservatives who happen to appreciate being able to find common ground with a liberal A FAVOR and act like you weren't raised by apes. PLEASE. Don't think you are the only one right-of-center to see this blog. Just because your blog might get trolled doesn't mean you should do it as well.


Now that THAT'S out of the way, Megan, I'm ashamed that I have completely detached from the whole Terri thing in the last week. I'm still waiting for the asshats to calm down enough for me to jump back into it...but if you need a hand working on anything, you know where to find me! (All I've been doing is posting nonsense for the last week!)

Gun-Toting Liberal said...

Terri's fight still rages on, this time the (possible) murder victim's name is Mae Magourik:

http://www.prolifeblogs.com/articles/archives/2005/04/mae_magouirk_no_1.php

The Happy Het said...

Hi. Perhaps I could contribute?

I doubt if this (my condition) is better, but watching all of this did change me. It made me angry and stronger. Unfortunately, there are a lot of sensitives out there that have taken a damaging hit.

A list of those accountable would be a long one, but I have my favorites.

I like your spirit. Let me help you here.

The law was changed at about the right time, but in the wrong direction.

May 1998 - George Felos files a petition to have Terri's feeding tube removed.

April 1999 - House Bill 2131 was introduced to change a law already in effect about sustaining life via artificial means by re-defining “life prolonging procedure”—They added “including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function.”
(Section 765.101 of the Florida Statutes)

That’s a feeding tube to you and me. By adding this, they made it legal to remove a feeding tube by grouping it in with ventilators and the like. Most of us don’t consider food and hydration extraordinary measures for sustaining life. Admittedly, the procedure in which the tube is inserted, is medical-but the daily process of feeding can be done by any family member once instructed by professional caregivers.

October 1, 1999 The amendment became law.

Jan 24, 2000 - Trial begins to decided whether to remove Terri's feeding tube.

Feb 11, 2000 - Judge Greer orders that Terri's feeding tube can be removed.

Got that? Felos filed the petition to remove Terri's feeding tube BEFORE the law was changed, but the trial and Judge Greer’s approval for removing the tube came AFTER the law was changed

So, you want to know who is responsible for the bill?

Believe it or not, it was introduced by the Florida Elder Affairs & Long-Term Care Committee. That’s the people in charge of caring for the old folks.
Senate And Congress: Argenziano; Heyman; Sobel; Reddick; Fiorentino; Bilirakis; Littlefield; Kosmas; Bitner; Jacobs; Levine; Bloom.

The topper? Here.

Bilirakis was on the board of directors of the hospice Terry died in…as was George “the Ghoul” Felos.

Your anger is right on track I’d say.
You’re not alone.

You know what they say, “It Ain’t Over ‘Till The Fat Lady Sings”.



“Sometimes you got to fight for what’s right.”

pc93 said...

Post the following to as many blogs asking them to feature it as a regular post.. also when contacting jeb via fax and e-mail include this, and also spread as far and wide as possible:

Michael Schiavo's 30-70 Minute Gap Exploded Away Regarding 911 Call Seeking Assistance for Terri Schiavo

Charts prove a much larger gap in which Michael Schiavo did not seek help and also prove his various testimonies are merely concocted stories made up while under oath,.

Michael Schiavo asserts on Terri Schiavo's tombstone that she departed this earth on February 25, 1990 but failed to tell that to the medical malpractice jury when seeking and winning millions of dollars for her care. Charts explode away 30-70 minute gap mentioned by authorities regarding Terri's "collapse" and time Michael Schiavo waited in seeking help and add an additional 2 hour gap. In fact Michael's accounts proven to be no more than stories hiding his complicity in her collapse. See the charts:

http://tekgnosis.typepad.com/tekgnosis/2005/06/terri_schiavo_c.html

Just Surfing said...

What's that saying about round up all the lawyers... LOL! Here's your chance... florida medical malpractice lawyer

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