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Has the Schiavo case Become a Political Football?

 
 
DrewDad
 
  1  
Reply Tue 22 Mar, 2005 12:47 pm
Michael oughta have her transferred to Texas....
0 Replies
 
DrewDad
 
  1  
Reply Tue 22 Mar, 2005 12:48 pm
Now that would be fun. Watching Bush and Co. trip all over themselves trying to undo the law he signed.
0 Replies
 
OCCOM BILL
 
  1  
Reply Tue 22 Mar, 2005 01:01 pm
Does it really have to be impossible to have a discussion that doesn't disintegrate into a mindless hyper-partisan Bush bashing fest? Rolling Eyes

DrewDad, we all saw that unrelated, irrelevant snipe from you the first half a dozen or so times you posted it. I for one would not support any legislation that suggested the public should pick up the tab for maintaining vegetables. Nowhere is that addressed in the bill Bush signed the other night and it is not an integral part of any debate I've seen on this case. NO hypocrisy can be drawn there and even if there were it would have NOTHING to do with the subject at hand. Some members have proven utterly incapable of refraining from sharing their irrational hyper-partisan hatred. Try not to follow their lead.
0 Replies
 
parados
 
  1  
Reply Tue 22 Mar, 2005 01:01 pm
This is the courts ruling on feeding tubes. From Cruzan:
Quote:
As to the last item, the court acknowledged the "emotional significance" of food, but noted that feeding by implanted tubes is a "medical procedur[e] with inherent risks and possible side effects, instituted by skilled healthcare providers to compensate for impaired physical functioning" which analytically was equivalent to artificial breathing using a respirator. Id., at 373, 486 A.2d at 1236. 4


http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=497&invol=261

So in other words LEGALLY, a food tube is the same as an artificial respirator. Removing a feeding tube is the exact same thing as turning off a respirator according to the courts.
0 Replies
 
Cycloptichorn
 
  1  
Reply Tue 22 Mar, 2005 01:05 pm
It's not hyper-partisan to point our hypocrisy among those who are sticking their noses where they don't belong! The congressional interference in this case is ridiculous and deserves to be a part of the discussion; if you don't want to talk about that aspect, don't.

The fact is that several judges have ruled the tube should be removed. Terri's legal husband, the man who knows her better than anyone else in the world, has stated that she wouldn't want to live this way. It's easily understandable as few would want to live in such a hellish condition.

Given that Terri's husband is legally married to her; and that he has made her wishes clear; what exactly is the objection being made here?

Cycloptichorn
0 Replies
 
woiyo
 
  1  
Reply Tue 22 Mar, 2005 01:10 pm
Occum - The ability for abstract thought and critical thinking is lost on most of the posters here. They would rather tend to the mindless partisen bashing as usual.

The bill that was passed in now way suggests what the medical course of action should be in this case. Yet, you would never know that by reading some of the posts here.

Cyclo is trying but for some reason can not or will not debate the issue of the husbands abandenment that you have tried to debate.
0 Replies
 
Cycloptichorn
 
  1  
Reply Tue 22 Mar, 2005 01:15 pm
Quote:
Cyclo is trying but for some reason can not or will not debate the issue of the husbands abandenment that you have tried to debate.


It's not even an issue, is why I won't debate it. The fact is that the two are legally married. That's the end of the discussion about 'abandonment' right there as far as I'm concerned.

Cycloptichorn
0 Replies
 
parados
 
  1  
Reply Tue 22 Mar, 2005 01:18 pm
woiyo wrote:
Quote:
2. He knowingly entered into what is legally and adulterous affair, (which is grounds for a divorce), without terminating his prior relationship.


Care to tell us what law makes it illegal to have an affair. Or the law that even defines affair?

Then tell us how having an affair means you have no rights. This argument is silly at best woiyo. Completely bogus.

Quote:
Could the parents argue this point of abandonment to the court ?
They have and the courts pointed out it has no legal relevence. Let alone it is just plain stupid.

Quote:
So would it be safe to argue that if you are "legally married" to a women, leave that women 10 years ago, begin a relationship with another women, raise children, purchase porperty and portray yourself as a married couple with the new women, that you have either:
1. 2 wives under common law
2. Seperated or terminated the marriage contract with the first woman
No, it wouldn't be safe to argue that at all. It wouldn't even be allowed to be argued. It has no relevence at this point.
1. There is no 'common law" marriage.
2. the ONLY way to end a marriage contract is divorce. Not living together in no way counts as divorce.
Schiavo may be a cad or a jerk but he is not violating any marriage laws. This is just a blatant attempt on your part to attack Schiavo's credibility at this late stage with unfounded crap.

Quote:
If a court were to apply that logic to this case, they may find for the parents as next of kin and not the "husband".
And if pigs could fly... No court is going to rule that parents have more rights than a marriage does. Talk about having NO RESPECT for marriage. wow.. Wake up here.
0 Replies
 
Brandon9000
 
  1  
Reply Tue 22 Mar, 2005 01:20 pm
Cycloptichorn wrote:
Well, you are wrong in denying this woman the right to die, Brandon. Wrong.

1. There is no evidence whatever that she wants to die.
2. She is not being allowed to die, she is being made to die by being denied food and water.

Cycloptichorn wrote:
Your party is also trying to turn this to their political gain like the scumbags they are. That's wrong as well.

Cycloptichorn

There are many posters here on A2K who are in this because they think that killing her is horifically wrong. Since so many people here are motivated by empathy and ethics, the idea that all of the conservative officeholders are motivated only by calculations of personal gain is silly. To ascribe a base motive to your opponent, when you have no idea what his motive is, and no one can prove or disprove your thesis is simply a cheap debating trick.

The fact that you told me earlier that I should agree to starve someone to death rather than be out of step with prevailing opinion, really says it all about you. Decent folk understand that one doesn't decide matters of life and death based on polls.
0 Replies
 
parados
 
  1  
Reply Tue 22 Mar, 2005 01:28 pm
Quote:
1. There is no evidence whatever that she wants to die.
2. She is not being allowed to die, she is being made to die by being denied food and water.


1. That is flat out untruth. The court has RULED on the evidence. It has ruled more than once. All the legal requirements of existence for that evidence have been met. The evidence LEGALLY EXISTS. You can lie and argue all you want. The LEGAL standard for evidence IS MET. According to the court the evidence exists that she wants to die.
2. That again is UNTRUE. She is being allowed to die by removing a medical mechanical device. I posted earlier and will post again here. Under FEDERAL LEGAL RULING. Food is the same as respiration if artificially provided. Your argument is not legal by any stretch of the imagination. It is only emotional with no basis in anything else.
Quote:
the court acknowledged the "emotional significance" of food, but noted that feeding by implanted tubes is a "medical procedur[e] with inherent risks and possible side effects, instituted by skilled healthcare providers to compensate for impaired physical functioning" which analytically was equivalent to artificial breathing using a respirator. Id., at 373, 486 A.2d at 1236. 4

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=497&invol=261
0 Replies
 
OCCOM BILL
 
  1  
Reply Tue 22 Mar, 2005 01:28 pm
Yes, Woiyo, clearly he is more interested in repeating previously answered questions than reading/learning the answers. Rolling Eyes Next he'll attempt to escalate/deteriorate the conversation into a mindless Ad Hominem swap, with cheers from his hyper partisan peers who view every topic as team sport with the gang-mentality of a turf war... all without ever addressing the points made in any meaningful way. At best you'll get minor concessions that really amount to starting blocks for an illogical series of complex questions, false dilemmas and naked non sequiturs. I've seen it too many times. Options are to rephrase your point endlessly in hopes he doesn't succeed in obscuring it or to just avoid the mindless aggravation altogether. Good day.
0 Replies
 
Cycloptichorn
 
  1  
Reply Tue 22 Mar, 2005 01:30 pm
Don't try to make yourself out as decent folk, Brandon; you've advocated the killing of innocents many times in order for the US to accomplish it's goals. Not exactly a 'Decent Folk' attitude, so you can take your holier-than-thoughness and stuff it.

Now, on to your weak-ass arguments:

Quote:
1. There is no evidence whatever that she wants to die.


Of course there is! Her husband has said that that is what she would have wished, as have her brother and sister. Don't be dense.

Quote:
2. She is not being allowed to die, she is being made to die by being denied food and water.


Noone's making her die. All she has to do is ask for some food or water, or get up and get it herself, or blink her eyes in a recognizable pattern, or make some sort of grunts to indicate that she requires assistance. She can do none of these, and therefore cannot be said to be conscious in the manner in which we define consciousness. There is no point in keeping her hollow shell alive.

Quote:
Since so many people here are motivated by empathy and ethics, the idea that all of the conservative officeholders are motivated only by calculations of personal gain is silly.


It isn't a cheap debating trick to point out the hypocrisy in the Republicans' oft-stated positions of non-interference in public life and their statements in this case. It's not a trick to point out that Bush signed a law that advocated cases such as these in 1999. It's not a debating trick to point out that not a single senator on the right gave a damn about this lady 3 months ago, and now they can't stop talking about her; it's seeing scumbags at work and pointing it out.

Cycloptichorn
0 Replies
 
Cycloptichorn
 
  1  
Reply Tue 22 Mar, 2005 01:32 pm
Quote:
all without ever addressing the points made in any meaningful way.


This is laughable, as there weren't any relevant points made that were worth addressing.

I predict you will continue to be condescending without actually adding anything to the discussion.

Cycloptichorn
0 Replies
 
parados
 
  1  
Reply Tue 22 Mar, 2005 01:34 pm
This has to be satire at its best -

Quote:
Yes, Woiyo, clearly he is more interested in repeating previously answered questions than reading/learning the answers. Rolling Eyes Next he'll attempt to escalate/deteriorate the conversation into a mindless Ad Hominem swap, with cheers from his hyper partisan peers who view every topic as team sport with the gang-mentality of a turf war... all without ever addressing the points made in any meaningful way. At best you'll get minor concessions that really amount to starting blocks for an illogical series of complex questions, false dilemmas and naked non sequiturs. I've seen it too many times. Options are to rephrase your point endlessly in hopes he doesn't succeed in obscuring it or to just avoid the mindless aggravation altogether. Good day.

Note the failure to address issues, the cheers for his partisan cohort, the veiled ad hominems, the naked non sequitors. The only thing missing is the minor concession.
0 Replies
 
Cycloptichorn
 
  1  
Reply Tue 22 Mar, 2005 01:35 pm
Parados,

Quote:
1. That is flat out untruth. The court has RULED on the evidence. It has ruled more than once. All the legal requirements of existence for that evidence have been met. The evidence LEGALLY EXISTS. You can lie and argue all you want. The LEGAL standard for evidence IS MET. According to the court the evidence exists that she wants to die.


This is the part that Bill and other's don't want to admit, as it convienently destroys their argument. Under the law, this case was decided long ago. What exactly is the argument that it should be any different?

Cycloptichorn
0 Replies
 
parados
 
  1  
Reply Tue 22 Mar, 2005 01:38 pm
Bill,
There is no issue of marriage infidelity. It is a NON ISSUE. It has nothing to do with this. Brining up the marriage is the ultimate in NON SEQUITORS.

The Shindlers have attempted to bring it into court. The courts rejected it outright. Michael and Terri Schiavo ARE married. They are not divorced. The only thing bringing it up does is show you are trying to smear him.
0 Replies
 
Debra Law
 
  1  
Reply Tue 22 Mar, 2005 01:45 pm
cicerone imposter wrote:
It doesn't take that much smarts to learn the truth about Michael. 1) He was the last one to let go on Terri. 2) The money has been depleted many years ago on Terri's medical care. 3) How many would not establish another life for themselves if after all these years, they finally "get it" that their spouse is a vegetable, and 4) the doctors and judges who have considered this case all came to the same conclusion; Terri's health is irreversible; her brain is filled with liquid.


Not true. Michael was not the "last one" to let go on Terri.

She collapsed in February 1990. He filed a malpractice lawsuit. He presented evidence to the jury concerning Terri's expected life span . . . a normal lifespan . . . and the costs associated with her care during her normal lifespan. He was awarded $300,000 (for himself) for his loss of consortium claim. Terri was awarded $700,000 to pay for her long-term care and rehabilitation.

If Terri didn't want to live with the assistance of a feeding tube and removal of the feeding tube would cause her death in one to two weeks . . . why didn't Michael mention Terri's wishes when he was seeking money to allegedly pay for her long-term care?

Michael received the money from the lawsuit in February 1993.

As soon as Michael received the money for Terri's care and rehabilitation, Michael refused to authorize any expenditures from her trust account for rehabilitation. (Did he misrepresent the facts to the jury when he said the money was necessary for her rehabilitation?) The income from the trust was sufficient to pay for Terri's room and board at the hospice and no rehabilitation efforts took place. This caused a permanent rift between Michael and Terri's parents.

In 1994, Terri was ravaged with an infection. Michael refused to authorize antibiotics to treat the infection. Terri's parents petitioned the court to have Michael removed as Terri's guardian based on allegations of neglect. A guardian ad litem was appointed. To settle the dispute, Michael agreed to authorize antibiotics to treat Terri's infection and Terri's parents dismissed their neglect petition.

In 1995, Michael Schiavo announced his ENGAGEMENT to another woman. He could have divorced Terri and married his fiancee, but he didn't. If he had done so, he would have lost his inheritance rights as Terri's husband.

But, Terri just kept living, and living, and living. She wasn't going to die soon enough to accommodate Michael's desire to move on with his own life with his new family and still inherit Terri's money. So . . . he took it upon himself to accelerate the end of Terri's life.

In 1997, when Michael filed the petition to remove the feeding tube, there was STILL $700,000 in Terri's trust account to pay for her long-term care and rehabilitation.

Michael obtained court authorization to use Terri's trust money to pay his legal fees and costs. Over the next several years, Michael's legal fees and costs ate up most of the trust account. The principal was no longer subtantial enough to generate sufficient income to cover Terri's hospice costs.

In 2003, about the time Terri's Bill was passed and Governor Bush ordered the reinsertion of the feeding tube, there was only $50,000 left in the trust account.

When you allege that the money was depleted years ago on Terri's medical care, you are wrong. The principal amount in her trust account was depleted to pay for Michael's mission to cause her death. If his petition had been immediately successful, he would have inherited the $700,000 that was in Terri's trust account.

As OCCOM BILL has pointed out in his posts, the only reason that Michael has remained married to Terri all these years has been for the sole purpose of having her killed.
0 Replies
 
Ticomaya
 
  1  
Reply Tue 22 Mar, 2005 01:48 pm
parados wrote:
woiyo wrote:
Quote:
2. He knowingly entered into what is legally and adulterous affair, (which is grounds for a divorce), without terminating his prior relationship.


Care to tell us what law makes it illegal to have an affair. Or the law that even defines affair?

Then tell us how having an affair means you have no rights. This argument is silly at best woiyo. Completely bogus.


Here you go ....

Florida Statutes, TITLE XLVI (Crimes).... wrote:
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.
0 Replies
 
Cycloptichorn
 
  1  
Reply Tue 22 Mar, 2005 01:53 pm
Quote:
As soon as Michael received the money for Terri's care and rehabilitation, Michael refused to authorize any expenditures from her trust account for rehabilitation. (Did he misrepresent the facts to the jury when he said the money was necessary for her rehabilitation?) The income from the trust was sufficient to pay for Terri's room and board at the hospice and no rehabilitation efforts took place. This caused a permanent rift between Michael and Terri's parents.


From the Guardian Ad Littem Report on this case:

Quote:
Theresa spent two and a half months as an inpatient at Humana Northside Hospital, eventually emerging from her coma state, but not recovering consciousness. On 12 May 1990, following extensive testing, therapy and observation, she was discharged to the College Park skilled care and rehabilitation facility. Forty-nine days later, she wastransferred again to Bayfront Hospital for additional, aggressive rehabilitation efforts. In September of 1990, she was brought home, but following only three weeks, she wasreturned to the College Park facility because the "family was overwhelmed by Terry'scare needs."Â…

The clinical records within the massive case file indicate that Theresa was not responsiveto neurological and swallowing tests. She received regular and intense physical,occupational and speech therapiesÂ…

In late Autumn of 1990, following months of therapy and testing, formal diagnoses of persistent vegetative state with no evidence of improvement, Michael took Theresa to California, where she received an experimental thalamic stimulator implant in her brain. Michael remained in California caring for Theresa during a period of several months and returned to Florida with her in January of 1991. Theresa was transferred to the Mediplex Rehabilitation Center in Brandon, where she received 24 hour skilled care, physical, occupational, speech and recreational therapies.

Despite aggressive therapies, physician and other clinical assessments consistently revealed no functional abilities, only reflexive, rather than cognitive movements, random eye opening, no communication system and little change cognitively or functionally. On 19 July 1991 Theresa was transferred to the Sable Palms skilled care facility. Periodic neurological exams, regular and aggressive physical, occupational and speech therapy continued through 1994.


It is obvious that there were attempts at therapy conducted according to the report. After four years of being told by medical professionals that there was no reason to believe that Terri was ever going to regain the ability to have a natural life, it is quite plausible and understandable that Michael decided to quit trying to rehabilitate the shell of his former wife.

Those trying to accuse Michael of being some sort of murderer are engaging in the worst sort of smear attacks. Have some common decency, please!

Cycloptichorn
0 Replies
 
woiyo
 
  1  
Reply Tue 22 Mar, 2005 01:56 pm
Debra_Law wrote:
cicerone imposter wrote:
It doesn't take that much smarts to learn the truth about Michael. 1) He was the last one to let go on Terri. 2) The money has been depleted many years ago on Terri's medical care. 3) How many would not establish another life for themselves if after all these years, they finally "get it" that their spouse is a vegetable, and 4) the doctors and judges who have considered this case all came to the same conclusion; Terri's health is irreversible; her brain is filled with liquid.


Not true. Michael was not the "last one" to let go on Terri.

She collapsed in February 1990. He filed a malpractice lawsuit. He presented evidence to the jury concerning Terri's expected life span . . . a normal lifespan . . . and the costs associated with her care during her normal lifespan. He was awarded $300,000 (for himself) for his loss of consortium claim. Terri was awarded $700,000 to pay for her long-term care and rehabilitation.

If Terri didn't want to live with the assistance of a feeding tube and removal of the feeding tube would cause her death in one to two weeks . . . why didn't Michael mention Terri's wishes when he was seeking money to allegedly pay for her long-term care?

Michael received the money from the lawsuit in February 1993.

As soon as Michael received the money for Terri's care and rehabilitation, Michael refused to authorize any expenditures from her trust account for rehabilitation. (Did he misrepresent the facts to the jury when he said the money was necessary for her rehabilitation?) The income from the trust was sufficient to pay for Terri's room and board at the hospice and no rehabilitation efforts took place. This caused a permanent rift between Michael and Terri's parents.

In 1994, Terri was ravaged with an infection. Michael refused to authorize antibiotics to treat the infection. Terri's parents petitioned the court to have Michael removed as Terri's guardian based on allegations of neglect. A guardian ad litem was appointed. To settle the dispute, Michael agreed to authorize antibiotics to treat Terri's infection and Terri's parents dismissed their neglect petition.

In 1995, Michael Schiavo announced his ENGAGEMENT to another woman. He could have divorced Terri and married his fiancee, but he didn't. If he had done so, he would have lost his inheritance rights as Terri's husband.

But, Terri just kept living, and living, and living. She wasn't going to die soon enough to accommodate Michael's desire to move on with his own life with his new family and still inherit Terri's money. So . . . he took it upon himself to accelerate the end of Terri's life.

In 1997, when Michael filed the petition to remove the feeding tube, there was STILL $700,000 in Terri's trust account to pay for her long-term care and rehabilitation.

Michael obtained court authorization to use Terri's trust money to pay his legal fees and costs. Over the next several years, Michael's legal fees and costs ate up most of the trust account. The principal was no longer subtantial enough to generate sufficient income to cover Terri's hospice costs.

In 2003, about the time Terri's Bill was passed and Governor Bush ordered the reinsertion of the feeding tube, there was only $50,000 left in the trust account.

When you allege that the money was depleted years ago on Terri's medical care, you are wrong. The principal amount in her trust account was depleted to pay for Michael's mission to cause her death. If his petition had been immediately successful, he would have inherited the $700,000 that was in Terri's trust account.

As OCCOM BILL has pointed out in his posts, the only reason that Michael has remained married to Terri all these years has been for the sole purpose of having her killed.


Cool Cool Cool

Outstanding post Debra.
0 Replies
 
 

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