March 21, 2005

The feeding tube that has kept Terri Schiavo alive was removed based on the order of a Florida judge.  Now begins the slow ad agonizing starvation that will cause her death in one or two weeks.  

Terri's current husband claims she told him before she incurred massive brain damage that she would not want to live in such a state.  Terri' parents claim their daughter would never say such a thing, ad have been trying, unsuccessfully to become Terri's legal Guardian.  Her husband has fought this tooth and nail, and has somehow convinced the court that he is the best person to represent her interests.  And he has convinced the court that his wife would opt to be tortured to death rather than live in her present state.

Much has been written about Terri's present state.  The court concluded that she was in a persistent vegetative state, a complex diagnosis by any standard.  But it is a diagnosis that does not tell the truth.  The common conception of someone in a vegetative state is that of a person who is unresponsive and brain dead.  Terri is not brain dead, and is responsive to her parents.  She breathes without the help of a respirator. 

She is not the same person she was 16 years ago when she sustained severe brain damage.  Her responses are more like those of an infant. 

A man to whom Terri is still married has convinced a court that she verbally told him she would not want to live in such a state.  There is no living will, no writings that evidence this desire, and no witnesses to support this claim, save her husband.

The State of Florida has determined that this man is qualified to serve as Terri's legal guardian.  As her legal guardian, he has exclusive access to the $1 million awarded in her medical malpractice case.  Apparently, those funds are nearing depletion, and coincidently, so is Terri's life.

What the Judge ignores in this case is that Terri's husband is separated from her.  Michael Schiavo took up residence with his current girlfriend 10 years ago and has fathered two children with her.  In most states, his cohabitation and reproduction with another woman would be ample evidence that the couple were legally separated.  Such a finding would bar him from access to any of her funds or funds for her benefit, and would certainly preclude any competent tribunal from allowing him to serve as her legal guardian.  How many of us would feel comfortable with an ex spouse being given free reign to make decisions about our care or decisions concerning our life?

There are more than a few other issues that have been ignored by the Florida courts.  From the information available today, there appears to be sufficient evidence to draw a conclusion that Terri's condition was not caused by heart failure.

The Evidence of Foul Play Ignored by the Court

The conventional wisdom in the case of Terri Schiavo is that a potassium deficiency brought on by an eating disorder caused her heart to stop for several minutes, causing the brain damage that has led to her condition today.

However, there is no evidence of a heart attack.  Dr. William Hammesfahr, a neurologist of world renown, examined Terri in 2002 and wrote a comprehensive report on her condition Complete Report of Dr. William Hammesfahr.  Among Dr. Hammesfahr's conclusions were:

1.  That Terri's heart, EKG's and blood chemistry showed no evidence of a heart attack;

2.  A low potassium level would have caused damage to her heart

2.  Terri is not in a coma;

3.  Terri's neck was rigid indicating unusual trauma to the neck.

With respect to rigidity in the neck, Dr. Hammesfahr noted that he had viewed the same type of injury once before - in a strangulation victim.  He also noted that the L-1 injury to Terri's spine was consistent with injuries sustained as a result of being thrown against a table.

Dr. Michael Baden, a world renowned pathologist, has also weighed in with serious concerns about the cause of Terri Schiavo's condition.  Dr. Baden had the opportunity to review a bone scan performed on Terri in 1991.  Based on his observations, Dr. Baden noted that:

1.  It is extremely unlikely that a low potassium level would cause a healthy young woman's heart to start beating.  Again, Dr. Hammesfahr ruled out the occurrence of a heart attack;

2.   Terri had sustained a serious head injury, the type and degree of which could  cause a vegetative state;

3.  Terri also suffered from other bone injuries; 

4.  The type of head injury that Terri sustained was the result of a severe trauma, such as an automobile accident or a beating.

As Dr. Hammesfahr observed, Terri is able to swallow.  In fact, one of her caregiver's has sworn under oath that she fed Terri on several occasions. 

Removing a feeding tube is one thing; not attempting to give Terri food or water when she is capable of ingesting both without the aid of a feeding tube is quite another. 

This information points to the possibility that Terri's condition was the result of the act of a third party, and that Michael Schiavo's initial assumption of a heart attack were wrong.  Michael found his wife in this condition.  Terri is the only living witness who may be able to set these issues to rest, if she ever regains her ability to speak.  If a crime has indeed occurred, it is incumbent upon the State to preserve the best evidence available.   

Why the U.S. or State prosecutors have not acted is unconscionable. 

The Case Against Judge Greer

The actions of the Florida Court are an abuse of its power.  Judges are generally immune from prosecution or suits in the conduct of their judicial duties.  They are not, however, immune from the consequences of outrageous and reckless conduct, and are never immune from criminal conduct.

This jurist fails to recognize a very basic precept of law her - that the unalienable rights we enjoy include life, liberty and the pursuit of happiness.  Life is an inalienable right we all, up until now, thought was protected by the laws of this Nation.  And to ignore the simple fact that Terri's husband is in no way fit to be her guardian since he is separated from her and is probably considered to be in a common law marriage with his girlfriend, his conduct is indeed outrageous.

While this judge may believe he is king in his courtroom, he is still subject to the same criminal laws of the rest of us.  By ordering the removal of Terri's feeding tube, he is ordering her execution.  What he is doing is murder by any other name.  And given the manner in which Terri will die, his acts in this regard world certainly satisfy the standards of heinous atrocious and cruel that allow a jury to sentence him to death.

And those that removed Terri's feeding tube are also culpable.  The fact that they were just following orders is not a defense.  It did not work at Nuremberg some 60 years ago and should not be tolerated today. 

The Attorney General of the United States and the Attorney General of the State of Florida need to immediately open up criminal investigations.  They need to have the courage to stand up for the rule of law.  And they need to convene grand juries and begin calling witnesses.  Since Terri is not yet dead, they also need to explore an indictment for attempted murder at this point.  And if they have the moral fiber, to subpoena Terri Schiavo as a witness and immediately place her in protective custody, given the fact that people are trying to kill her. 

The Case Against the Politicians Against Terri 

There are numerous politicians, led by Representative Robert Wexler of Florida, that are adamantly opposed to Congressional intervention. Rep. Wexler trumpets the fact that 19 Florida judges have all reached the conclusion that Terri should die.  I view this as more of an indictment of the judiciary in Florida that a validation of the conclusion.  Based on the evidence recited above, how can Rep Wexler honestly say that justice has been done?

Rep Wexler, along with Rep. Henry Waxman of California also point to Congressional attempts to save Terri as interfering with states rights and bowing down to special interests.  One has to wonder how many pork projects Wexler and Waxman have sponsored over the years to line their campaign accounts with money, or how many preferential tax bills they have pushed through that benefit one or very few constituents. 

I find it extremely disturbing that two Jewish members of Congress would advocate starving an innocent woman to death.  Especially when it is likely that she will pass away during Christianity's most holy time of year.  It is out of character for both of them on issues of human rights.  In a 2004 editorial in the Palm Beach Post, Rep Wexler, a member of the Congressional Task force on Anti-Semitism, wrote: 

On my recent trip to Slovakia, a Holocaust survivor explained to me that while I, as an American, viewed the situation through the lens of promise and possibility, his generation sees only fear. My message to him and other European Jews is that now -- possibly for the first time in history -- there is genuine reason to hope.  Congressman Wexler's Palm Beach Post Saturday, May 22, 2004 editorial on anti-Semitism in Europe.

What should there not be a reason for Terri to hope?

The Case Against the State of Florida 

As the battle for Terri Schiavo wages on, the case against John Couey is just getting started.  Terri has been fighting for her life for 15 years, while the state of Florida has been bending over backwards for a convicted pedophile.

Couey has been arrested 24 times during his 46 years.  In 1991, his record of pedophile activity was finally addressed for the first time for fondling a child under age 16.  Couey nod that this was not the first time he had done such a thing; it was just the first time he had been caught.   

Couey is now under arrest for the molestation and murder of a 9 year old Florida girl.

Imagine the outcry if Couey were sentenced to die by starvation (which in my opinion is not painful enough for what he has done).  Imagine if anyone would have suggested that he forfeit some of his civil rights because of the nature of his past offenses.

Florida says it is OK for the evidence recited above to be ignored even though ignoring such evidence tramples on Terri Schiavo's rights to due process.  Florida says it is OK Terri Schiavo to die of starvation, but John Couey must have his rights protected even though he has confessed to these heinous crimes.   

We were once a nation that protected the innocent; a nation that stepped up and cared for those that were unable to speak on their own.  Maybe we have been somewhat desensitized by legalized abortion, where 40 million souls unable to speak for themselves have met their deaths  Maybe events such as the holocaust are too far in the past to impact our thought process today.

Maybe.  But the thing I cannot understand is why those people who passionately argue for a woman's right to choose have not come to the aid of a woman who is unable to exercise her right to choose.  A woman whose right to choose is being made by an estranged spouse who has already moved on by starting another family?

Where are the people who claim sleep depravation of the detained terrorists at Guantanomo  to be torture not crying out against the starvation of an innocent woman? 

This is both a moral issue and a legal issue that is not within any gray area.  It is black and white.  The case of Terri Schiavo is one that cries out for justice where justice has been denied.  The case against Michael Schiavo must be investigated and brought to a conclusion.  Until justice is served on all fronts, Terri must be allowed to live.

Jim Manion