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August 22, 2005

The anatomy of judicial murder

The following is excerpted from Inside the Terri Schiavo case: And why it matters now
by Anita Crane of LifeSite.net.

Attorney Robert Destro represented Florida Governor Jeb Bush (R) as well as Terri Schiavo's parents, Bob and Mary Schindler, in the legal case....

In Bush v. Schiavo petitions to the Florida and U.S. Supreme Courts, Destro emphasized what he referred to as Greer's illegal position of simultaneously acting as Terri's judge and surrogate guardian. "It was absolutely forbidden," Destro stressed. "A judge is a fact-finder and decisionmaker. His job is to identify the law, hear the facts and decide the case. A surrogate stands in the shoes of the incompetent person and makes decisions on his or her behalf. A guardian adlitem is the legal representative of the incompetent person. This person bears the responsibility to argue on behalf of the client alone - without regard to the wishes or needs of others."

Destro added, "Florida law expressly requires probate judges to see the incompetent patients whose cases are pending before them, but Greer never went to see Terri."...

Furthermore, the Destro-Connor petitions indicate that the judges' ethical and legal violations were so numerous and intertwined; it would take volumes to spell out the details.

Destro explained, "You can't really make up facts of this case - I felt like I was caught in Wonderland or Neverland. Terri never got a fair hearing and [she] was entitled to at least as much due process as a convicted murderer; Gov. Bush is obliged, as chief executive of the state of Florida, to protect the weak and vulnerable; Terri's Law [H.B. 35 E] was designed to ensure that she got a fair hearing at which the actual substance of her condition could be litigated; and the federal courts were obliged to review the procedural and substantive fairness of the Florida proceedings."

Nevertheless, on May 6, 2004 the governor lost Michael Schiavo v. Jeb Bush when Pinellas Circuit Judge W. Douglas Baird ruled Terri's Law unconstitutional.

Therefore the governor appealed to the Florida Supreme Court with Bush v. Schiavo, but Destro was ambushed in trial on Aug. 31, 2004 as Chief Justice Barbara Pariente set the stage: "And before you get into your argument, the court would appreciate it if, in your order, that you would address the separation of powers argument first, before the privacy argument, and then with whatever remaining time, you're free to argue the other issues."

Destro replied: "Thank you, Your Honor. May it please the court. Terri Schiavo did not have the benefit of an independent advocate in any relevant time before or during the [indiscernible upon interruption by Justice Charles Wells]."

And so it went. The imperiled person was irrelevant; thus Destro was banned from stating the case. After all, judges possess the power to stifle testimony....

After S. 686 was law, the Gibbs-Destro team opted for another judge. “When we showed up in federal court the day after, we expected it was gonna be a lot easier.” In short, Judge James Whittmore said that Terri was already off the feeding tube, so he “cross examined” them asking how they would prove point after point. Destro said that’s standard procedure for temporary restraining orders, but this was an emergency. “And,” Destro stated, “we would say on each occasion, 'Well, we've got these witnesses right here and all we need to do is swear them and put them on the stand and they will testify. And he said, well, I'm just getting a sense of the case — and six hours later, [we] get an opinion, [we] can't prove [the] case.”

The Florida Supreme Court denied appeal and Gibbs made one last plea to the U.S. Supreme Court on March 30, 2005. Within hours, the court reviewed and denied the case without comment. Terri died the next day.

Our judicial system was exposed as a sick mockery in the aftermath of Terri Schiavo's murder and judges still have the unmitigated gall to compalin about those who criticize judicial abuse.

Posted by Danny Carlton at August 22, 2005 11:47 AM

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Yea, check the Empire for the latest award on murdering Terry. :( http://www.theempirejournal.com/

Posted by: SherlockRWBShoes at August 22, 2005 01:49 PM

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