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March 31, 2005

The Murder of Terri (Day 14): Grieve Today, Fight Tomorrow!

Topics: Commentary

From the pages of Life Matters! . . .

The tragic, as in tragically unnecessary, death of our beloved sister Terri stirs a sea of emotions in our hearts.

While righteous anger is definitely among them--lest our veins run with ice and not blood--today we are joined in profound sorrow with the grief that pierces the heart of Mary Schindler, as it pierced the heart of another Mary millenia ago. Indeed, our love and prayers are with each of the Schindlers in their inconsolable loss.

May Theresa Marie's courageous soul rest, at last, in peace!

And may we never rest in this world until her murderers are brought to justice and her brothers and sisters are protected from extermination by a Culture of Death that is the enemy of all that is decent and humane.

Death to the Culture of Death!

Posted by earl at March 31, 2005 11:55 PM


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Comments

I'm watching Larry King Live right now for the first time...has he always had such a hard look on his face? When he was interviewing Felos he almost made me laugh! He seemed so hard-faced while Mr. Felos was putting on his angel face.

Posted by: catherineofsiena4 at April 1, 2005 1:17 AM

The judges claim "the law" as a defense for their actions. But in this too they failed.

Estoppel by judgment is the doctrine that means when a fact has been agreed on, or decided in a court of record, neither of the parties shall be allowed to call it in question, and have it tried over again at any time thereafter, so long as the judgment stands unreversed.

In the malpractice lawsuit MS testified that he needed a monetary award so he could provide care for Terri "for the rest of HIS life."

But later, after the malpractice case concluded, in MS's favor, and AFTER MS received a monetary award based on his testimony in those proceedings, he was allowed to "call into question" and contradict his prior testimony regarding Terri's care in the guardianship/termination of life proceedings in Greer's courtroom by testifying that Terri "did not want to live like that". Well, what did he need the money for then?

Estoppel in pais or equitable estoppel is the legal doctrine by which a person is precluded by his act or conduct, or SILENCE when it is his duty to speak.

In the malpractice proceedings MS never mentioned Terri's alleged desire "not to live like that". Instead MS was SILENT in these proceedings about Terri's alleged wishes "not to live like that" and testified instead that he needed a monetary award to provide care for Terri "for the rest of HIS life." MS's silence about this relevant fact in the malpractice case BY LAW should have precluded him from raising this for the first time in subsequent proceedings years later.

The principle of estoppel is one that forbids an inconsistent position, attitude or course of conduct from being adopted all to the loss or injury of another. It bars denial of a certain fact or state of facts entered as evidence and made part of a final judgment in a court of law.

MS change of position and contradicting statements never should have been allowed BY LAW.

And this is why it was important for Congress and the President to enact legislation that was intended to allow Terri's parents to have the entire case reviewed by the federal courts. For a re-examination of the evidence and a re-examination of the conclusions drawn from the evidence. It was intended to make certain that NO ERRORS occurred in any of Greer's proceedings. Without the legislation Terri's parents did not have standing to seek federal review and had been rebuffed by the federal courts on those grounds previously.

The elementary reasoning involved the fact that this type of appeal is automatically provided to death row criminals and that surely an innocent disabled woman should be afforded, at least, an equal right to review or "certiorari" which in latin means the reviewing court may inspect the proceedings in the court below and determine whether there have been any irregularities.

Failure to observe the doctrine of estoppel was an irregularity in Greer's court proceedings, and only one of many.

IANAL

Posted by: that woman at April 1, 2005 2:14 AM

Hey I have a question-Does anyone else think it is possible ( I know this sounds carzy) but does anyone think it is could possibly be that the people making the threats against the Schiavos are actually on the Schiavos side just trying to make us all look nuts? I just look at the people that are here-what they are writing and saying-compare that to the Schiavos-what they are saying and it is not sitting right with me.

Posted by: alwayschooselife at April 1, 2005 3:29 AM

On learning here in Australia of the tragic murder of Terri Schiavo on 31 March, 2005, I wrote to Governor Bush in the following terms ...

----------------------------------------------
Governor Bush,

With the grisly torture that has now ended in the murder of Terri Schiavo, you have betrayed your office as the chief of the Executive of your State who could have acted with all those powers that you enjoy in that high office.

It appears that you have long offered a pretence, when it suited you for political purposes just like President George W. Bush, that you were really a defender of innocent life.

Perhaps there is nobody more than you that is responsible for the murder of Terri - yes, I say murder, since in your country and mine that crime can be committed by neglect and omission in certain circumstances. In my opinion, the circumstances exist in this case. You are as guilty, or more so, than the dreadful judicial officers that plague your courts at all levels and the horrible medical people who disgrace their profession. And more so than the homicidal adulterous maniac who was so bold to pretend to be Terri's loving husband and guardian.

You disgust me, because unlike the open opponents of Terri Schiavo, who cried out for her killing, you pretended to be somebody you are surely not. You are no statesman but a grimy politician; you are no gentleman but the worst kind of cur; you are not a man of courage, who should have faced whatever you had to face by acting to save an innocent member of the community that you govern, but a lousy coward.

You will enter history with this reputation.

I suspect that pretending to believe in God, and pretending to obey His Word, are common ploys of many US politicians to maximize their votes. I don't know what your position is and whether you really are a God-fearing man. If you are, you should know that you have prepared a road straight to Hell for yourself. Read the Gospel: " I was thirsty ... hungry ... and you gave me nothing to drink ... eat ... ". If you do not repent, if you die unrepentant of this dreadful crime, you will surely go there!

In any decent civilized Christian State, you would be impeached and removed from office. Your State and Country are none of those things, of course. You should resign and, holding your head low to the ground, go off and do penance for the rest of your life, begging God to forgive you. You have failed an innocent human being who was entitled to your protection and you have failed yourself and your office. You have brought disgrace upon yourself and your family, and your nation in the eyes of civilized people all around the world.

I pray today, not only for the repose of the soul of Terri Schiavo, but for you and all your murderous associates in government - executive, legislature, and the judiciary - and the wicked lawyers and medical 'professionals' who make a living out of homicide.

One is not so naive to imagine that this type of murder is an isolated case. I understand that it has occurred thousands of times for many years both in your country and mine - as you would perhaps know. The difference this time is that your nation very publicly stood by, with some people fiddling about uselessly in a morally corrupt legislative and judicial system, and watched a poor innocent woman cruelly tortured to death for 14 days without lifting a finger of executive action. What must Terri have thought of you in the last few days? You were her last hope and you abandoned her. Now, more like her will be openly done away with in this cruel fashion, and those who do it will gain a certain boldness in the knowledge that you did not save her.

May God have mercy on your soul!

Paul A Brazier
Barrister-at-Law
Sydney
AUSTRALIA

Posted by: AussiPaul at April 1, 2005 4:06 AM

Dear Mr. Bush: Claudia Iyr R.N. cared for Terri 18 months and signed an affidavit that she was speaking words and swallowing liquids by mouth. She said that when she went to court to testify Judge Greer treated her with contempt and she also said during the proceedings Greer said to Felos on a personal note "What do you want to do this weekend"?. While not illegal, this is innappropriate behavior and to me signals we should take a closer look at him. Right now in the media, the GOP is being blamed for 'stepping in' and the GOP is at risk of losing popularity. Please conduct an investigation into Judge Greer. So, far over 33.000 people have signed a petition to have Judge Greer impeached. The petition can be viewed at: http://www.petitiononline.com/ijg520/petition.html

Posted by: Anna_Nordin at April 1, 2005 9:44 AM

Wow, that letter from Paul Brazier from Australia couldnt be said any better.
We need to keep fighting to make sure this is not considered the normal way to treat disabled adults. We need to make it more difficult on all levels of the judical system to remove life support or feeding tubes when the patients wishes are in dispute.

Posted by: delphinius at April 1, 2005 10:17 AM

Grieve Today, Fight Tomorrow? I was thinking the opposite:

Keep up the momentum! Declare a National Day of Prayer and Fasting on March 31st, 2006!

Posted by: gopchristian at April 1, 2005 11:09 AM

Does anyone have the fax number for the DCF?

Posted by: delphinius at April 1, 2005 11:11 AM

You know who should be suing MS? The insurance company that paid the malpractice claim to pay for Terri's care, according to MS, "for the rest of HIS life." For his fraudulent claim.

Posted by: that woman at April 1, 2005 12:03 PM

alwayschooselife, sounds plausible. While watching Larry King last night I found the brothers of the psycho husband uncivilized and barbaric to say the least, so if it is violence, it might very well be from that side.

Posted by: sujata at April 1, 2005 12:48 PM

always, I also think it could be the other side. It just didn't sit right with me and it has always been their approach to paint pro-life as nuts.

The Pope has just died. God bless this beautiful voice for life and God bless the two newest Saints in heaven. May they pray for us and the defeat of the Culture of Death.

Posted by: CeCe at April 1, 2005 1:31 PM

DCF info:
Website: http://www.state.fl.us/cf_web/

Address: 1317 Winewood Blvd.
Building 1, Room 202
Tallahassee, FL
32399-0700
Email: dcf-osc@dcf.state.fl.us
Phone:
Fax: 850.487.1111
850.922.2993

Posted by: I hope at April 1, 2005 2:26 PM

Thank you I hope,

Posted by: delphinius at April 1, 2005 2:43 PM

Cece,

Don't have t.v., can you confirm?

always,

this is an old and frequently used method of satan's people; twist and attack. Not too long ago there was a big thing with one of the geenies or animal rights goups doing this very maneuver.

Posted by: mary et. al. at April 1, 2005 3:25 PM

All I know is that I myself am getting some pretty scary emails from people I do not know about all of this-we are talking hateful. The pope is dead? That is horrible.

Posted by: alwayschooselife at April 1, 2005 4:09 PM

The pope is not dead.

Posted by: alwayschooselife at April 1, 2005 4:16 PM

I'm receiving hate email also. A few days ago I was the target of death threats made in another online forum for expressing my views on Terri's case.

Do not be afraid!

Who is he who will harm you if you become followers of what is good? Even if you should suffer for righteousness sake, you are blessed. And do not be afraid of their threats, nor be troubled. Sanctify the Lord God in your hearts and always be ready to give a defense to everyone who asks you a reason for the hope that is in you, with meekness and fear; having a good conscience, that when they defame you as evildoers, those who revile your good conduct in Christ may be ashamed. For it is better to suffer for doing good than for doing evil. 1Peter 3:13-17

Posted by: that woman at April 1, 2005 5:11 PM

Kind of sad that people that are for the 'right to life" are considered nuts.

That woman, your comments regarding estoppel law and all the rest should be sent on to someone that perhaps can act on the discrepancies you point out. Great points you made. If anything, how about the insurance company and doctors sued in the malpractice? David Gibbs? Just a thought.

Posted by: I hope at April 1, 2005 8:08 PM

I hope that the insurance company is able to take action against that viper.

NB Felos shot himself in the foot with his osteoporosis comment. Perhaps he is expecting that the coroner is going to give an opinion that she had osteoporosis. However, this would not take into account the fact that the bone scan was done in 1991 and she did not have a bone density scan.

Lack of medical knowledge will bring about the downfall of George Felos.

Posted by: Maggie4life at April 1, 2005 8:52 PM

Thank you guys for sharing with me. I am glad to know I am not the only one receiving hate mail. They hate us for believing that life is precious and every life has value-so very, very, odd. I have stopped responding to them. I cannot fight with people any longer who refuse to listen. If there is a point to be made I want to hear it-there are many things I am wrong about-I know this, but this is scary stuff. Regardless, I know there is work to be done-laws to be changed, onward and upward-that is my thought.

I am not sure that passing time on worrying about what happens to MS is going to get us anywhere. He is very well connected. Doesn't he work for as a nurse for the Sherriff-thus the connections with the coroner? We already know the problems with the judge. If anything pans out against him it will be a miracle. The honest to gooness truth of the matter-after I stopped being so angry and really started to think about it is that the truth probably died with Terri.

The focus is going to have to be getting rid of the judges-changing laws so this NEVER, NEVER, NEVER happens again. Federal judges are elected for life-why? Because it has been since the beginning? I do not know I am asking. That needs to be changed. Whoever thought that was a good idea did not realize how corrupt even the best of men can become when given too much power. It seems to me that at this time in history judges have more power than even the president-who is only allowed to serve 2 terms so why I ask is a federal judge given a lifetime appointment and what can be done to change that. I really need an answer if someone has one.

Posted by: alwayschooselife at April 2, 2005 12:31 AM

Thanks Delphinius for the compliment about my letter to Gov. Bush. Some of your countrymen were not so kind. One emailed me to say that I was an idiot. Another, GCarcanagu, wrote me the following:

"Glad you're there and not here in the USA.  We obey the law here."

My reply follows:

"Dear "G",

I thought using the good old Nuremberg Defence was a bit dated. Went
out of fashion shortly after WWII.

Or did it? - shades of the Abu Ghraib court marshalls.

Curiously, you people have 'improved' on the Nazis. Your government
and its evil agents took only 14 days to starve and dehydrate Terri
Schiavo to death. When the Nazis failed to do the same to St
Maximillian Kolbe in Auschwitz after 15 days, they gave him a poisonous
injection. Of course, the camp guards (no pun intended) would have
claimed that they were just obeying their government's laws and
carrying out orders.

The Auschwitz/Birkenau camps have been left intact as monuments to the
massive cruelty of the Nazis years. I wonder whether that hospice in
Florida will share the same fate, after you people throw off the
Culture of Death you wallow in, and be kept as a monument to the
cruelty of the Bush/Greer years?

God bless,

Paul B"

Posted by: AussiPaul at April 2, 2005 6:12 AM

If you say you are right to die they'll make sure you stay alive!
Felos nearly made me sick with his "death process" and "entering her dying process". Watch out Constance he's obsessed with this dying thing. If Jody had a half of brain she may want to take another look at MS she may be the next Terri.

Posted by: heart_afire at April 2, 2005 11:21 AM

Always, Great questions! This is what needs to happen, we need more people asking the same questions about how judges are appointed, paid, disciplined, etc. We need to have a public dialogue on this important subject and if "the way we do it" doesn't make sense or isn't working we need to tell our government we want it changed and then make sure they do it.

AussiPaul, THANK YOU for your passionate rebuke on behalf of the helpless. Blessings to you always!!

Posted by: that woman at April 2, 2005 1:10 PM

Just a brief word of appreciation for the excellent comments. "That woman" is absolutely correct. We must ask the right questions and then demand honest answers!

Join Blogs for Terri in this vital undertaking!

Posted by: Earl Appleby at April 3, 2005 1:24 AM